N.J. Stat. § 40:55D-154

Current through L. 2023, c. 256.

Section 40:55D-154 - Rebuttable presumption that development transfer ordinance is no longer reasonable

The absence of either of the following shall constitute a rebuttable presumption that a development transfer ordinance is no longer reasonable:

a. plan endorsement pursuant to P.L. 1985, c.398 (C.52:18A-196 et seq.) or regulations adopted pursuant thereto is no longer in effect for that municipality; or

b. a sufficient percentage of the development potential has not been transferred in that municipality as provided in section 20 of P.L. 2004, c. 2(C.40:55D-156).

If the ordinance of a municipality that is a participant of a joint program pursuant to section 3 of P.L. 2004, c. 2(C.40:55D-139) is presumed to be no longer reasonable pursuant to this section, then the ordinances of all participating municipalities also shall be presumed to be no longer reasonable.

N.J.S. § 40:55D-154

Added by L. 2004, c. 2, s. 18, eff. 9/25/2004.