New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS
Subchapter 2 - INTERPRETATIONS AND DEFINITIONS
Section 2:77-2.2 - Definitions

Universal Citation: NJ Admin Code 2:77-2.2
Current through Register Vol. 56, No. 18, September 16, 2024

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Act" means the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, 4:1C-49 et seq.

"Application" as relates to the purchase of development potential, the securing of a loan using development potential as collateral, or the provision of a planning incentive grant means a standard form adopted by the State Transfer of Development Rights Bank.

"Approved appraiser" means an independent State-certified, general real estate appraiser approved by the Board and re-approved by the Board annually.

"Board" means the Board of Directors of the State Transfer of Development Rights Bank established pursuant to P.L. 1993, c. 339, 4:1C-49 et seq.

"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.

"Credit" or "TDR credit" is a measured amount of development potential that allows one or more units of development.

"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance, and in accordance with recognized environmental constraints.

"Development transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance adopted pursuant to 40:55D-113 et seq. or 40:55D-137 et seq.

"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.

"Municipal or county development transfer bank" means a development transfer bank established pursuant to 40:55D-113 et seq. or 40:55D-158.

"Ordinance" means development transfer ordinance adopted by a municipality pursuant to 40:55D-113 et seq. or 40:55D-137 et seq. that allows for the transfer of development within its jurisdiction.

" 'Receiving area' or 'receiving zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to 40:55D-1 et seq., within which development may be increased, and which is otherwise consistent with the provisions of 40:55D-118 or 40:55D-145.

" 'Sending area' or 'sending zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to 40:55D-1 et seq., within which development may be restricted and which is otherwise consistent with the provisions of 40:55D-118 or 40:55D-144.

"State Transfer of Development Rights Bank" or "State TDR Bank" means the bank established pursuant to the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, 4:1C-49 et seq.

"TDR" means transfer of development rights.

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