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New Jersey · Through P.L.2025, c.405, and J.R.22 · Newer source version available

N.J. Stat. § 40:55D-154: Rebuttable presumption that development transfer ordinance is no longer reasonable.

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  1. TITLE 40 MUNICIPALITIES AND COUNTIES

18. 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 or regulations adopted pursuant thereto is no longer in effect for that municipality; or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.

L.2004,c.2,s.18.

Collected 2026-08-27T17:54:13Z. Source file · JSON

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