New Jersey Revised Statutes § 40:55d-40 - Discretionary Contents Of Subdivision Ordinance.

40:55D-40 Discretionary contents of subdivision ordinance.

29.2. An ordinance requiring subdivision approval by the planning board pursuant to this article may also include:

a.Provisions for minor subdivision approval pursuant to section 35 of this act; and

b.Standards permitting lot-size averaging and encouraging and promoting flexibility, economy and environmental soundness in layout and design in accordance with which the planning board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations; provided that the authorized density on the parcel or set of contiguous parcels is not exceeded; provided that such standards shall be appropriate to the type of development permitted. An ordinance authorizing the planning board to approve subdivisions with varying lot areas may set forth limitations, or impose no limitation, upon the extent of variation in lot areas.

L.1975, c.291, s.29.2; amended 2013, c.106, s.10.

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Last modified: October 11, 2016