New Jersey § 40:55D-154 Rebuttable presumption that development transfer ordinance is no longer reasonable.

New Jersey Statutes

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

New Jersey § 40:55D-154

Title 40MUNICIPALITIES AND COUNTIES

This text of New Jersey § 40:55D-154 (Rebuttable presumption that development transfer ordinance is no longer reasonable.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 40:55D-154 (2026).

Text

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 or regulations adopted pursuant thereto is no longer in effect for that municipality; or b. a sufficient percentage of the development potential has not been transferred in that municipality as provided in section 20 of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.

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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 or regulations adopted pursuant thereto is no longer in effect for that municipality; or b. a sufficient percentage of the development potential has not been transferred in that municipality as provided in section 20 of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.