Section 40:55D-140 - Actions prior to adoption, amendmentPrior to the adoption or amendment of any development transfer ordinance, a municipality shall:
a. Adopt a development transfer plan element of its master plan pursuant to paragraph (14) of subsection b. of section 19 of P.L. 1975, c.291 (C.40:55D-28) in accordance with the requirements of section 5 of P.L. 2004, c. 2(C.40:55D-141);b. Adopt a capital improvement program pursuant to section 20 of P.L. 1975, c.291 (C.40:55D-29) for the receiving zone, which includes the location and cost of all infrastructure and a method of cost sharing if any portion of the cost is to be assessed against developers pursuant to section 30 of P.L. 1975, c.291 (C.40:55D-42);c. Adopt a utility service plan element of the master plan pursuant to section 19 of P.L. 1975, c.291 (C.40:55D-28) that specifically addresses providing necessary utility services within any designated receiving zone within a specified time period so that no development seeking to utilize development potential transfer is unreasonably delayed because utility services are not available;d. Prepare a real estate market analysis pursuant to section 12 of P.L. 2004, c. 2(C.40:55D-148) which examines the relationship between the development rights anticipated to be generated in the sending zones and the capacity of designated receiving zones to accommodate the necessary development; ande. Either receive approval of: (1) its initial petition for endorsement of its master plan by the State Planning Commission pursuant to P.L. 1985, c.398 (C.52:18A-196 et seq.) and regulations adopted pursuant thereto either individually, or as part of a county or regional plan, provided that the petition included the development transfer ordinance and supporting documentation, or(2) the development transfer ordinance and supporting documentation as an amendment to a previously approved petition for master plan endorsement by the State Planning Commission pursuant to P.L. 1985, c.398 (C.52:18A-196 et seq.) and regulations adopted pursuant thereto.Added by L. 2004, c. 2, s. 4, eff. 9/25/2004.