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.

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 or regulations adopted pursuant thereto is no longer in effect for that municipality; or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