[Ord. No. 2013-11-OA]
a.
Generally. This section sets forth the eligibility standards and
credit allocations made of development potential to various parcels
of land within the Township of Berkeley and is authorized pursuant
to N.J.S.A. 40:55D-137 et seq. and the TDR Development. Transfer Plan
Element of the Master Plan of Berkeley Township.
b.
ADMINISTRATIVE OFFICER
DEVELOPMENT CREDIT OR TDR CREDIT
DEVELOPMENT POTENTIAL
DEVELOPMENT TRANSFER
DISENROLLMENT
EASEMENT
REASSIGNMENT
Definitions.
Shall mean the Township Clerk or a designee for all applications
or the Planning Board Secretary for all administrative and procedural
requirements once applications are before the Planning Board.
Shall mean a unit of development measuring the intensity
of use allowed within a geographic area of the community.
Shall mean 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 adoption of the development transfer ordinance
and in accordance with recognized environmental constraints.
Shall mean 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 law.
Shall mean the removal of a property in a designated sending area from enrollment in the TDR Program and restrictions associated with recorded easements through the procedures established in § 35-177c,2 of this article.
Shall mean a right to use the land of another for a specific
purpose.
Shall mean the transfer of development credits back to the sending parcel from which they were purchased in accordance with the procedures established in § 35-177c1 of this article.
c.
Program Eligibility. A parcel's eligibility for inclusion under the TDR Program is described in the Real Estate Market Analysis prepared by Urban Partners dated November 16, 2012 and approved by the Planning Board on December 6, 2012, which is attached to this chapter and made a part of it by reference.
d.
Minimum Eligibility Criteria. The minimum eligibility criteria for
participation in the TDR Program are:
1.
Sending Area. A primary purpose of the Berkeley TDR Program is to
conserve the remaining predominantly forested upland and wetland resources
of the Pinewald section of the Township. Accordingly, the program
criteria for participating in the sending area are as follows:
(a)
The parcel is located within one of the sending areas indicated
on Map 1 and Maps 5 through 9 of the TDR Development Transfer Plan
Element of the Berkeley Township Master Plan adopted December 6, 2012,
provided further that a sending parcel shall not be owned by a government
entity or public utility or currently deed restricted from further
subdivision or development. (The maps referred to herein may be found
on file in the Township Offices.)
(1)
Parcels identified as being in a sending area on Map 1 and Maps 5 through 9 of the TDR Development Transfer Plan Element of the Township of Berkeley Master Plan may be increased in size to support additional wildlife habitat on the property without eliminating the parcels' eligibility for credits. Additional credits for the lands added which have not been enrolled prior to their addition to an existing lot may be obtained by following the credit allocation appeal process outlined in § 35-174 below.
(2)
Parcels which have not been enrolled within the TDR Program may be decreased in size to support the use of a portion of the property for facilities needed for local or regional utility service ("utility portion") without eliminating the eligibility for credits of the remaining parcel ("remainder") so long as the remainder is enrolled in the TDR Program within 90 days of the date the utility use is approved by the Planning Board. The number of credits assigned to the remainder shall be established by deducting from the total credits originally assigned to the entire parcel that number of credits assigned to the utility portion by following the credit allocation appeal process outlined in § 35-174 below, provided that there shall be a minimum loss of one credit in any such situation. The term "local or regional utility service" shall include only utility companies which enjoy the power of eminent domain.
(b)
The property which shall become the subject of the deed of easement,
restriction and enrollment shall contain general reservation language
for future rights-of-way and easement areas that may be needed for
County and municipal infrastructure improvements, such as future road
and drainage improvements, which areas shall be exempted from the
restriction against future development required under this article.
(c)
Since as a condition to participation within the TDR Program
the land enrolled must be deed restricted, any site which has been
developed for uses inconsistent with these deed restrictions shall
be deemed ineligible to participate in the program.
2.
Receiving Area. The only criteria for participating in a receiving
area is that the parcel is located within the boundaries of a receiving
area as identified on Map 1 and Maps 10 through 13 of the TDR Development
Transfer Plan Element, Berkeley Township Master Plan, adopted December
6, 2012. Should the Approving Authority grant a use variance increasing
the development potential of a parcel not in the receiving area by
more than 5%, that parcel shall constitute a receiving area and the
provisions of this article for parcels in the receiving area shall
apply with respect to the development potential required to implement
that variance. (The maps referred to herein may be found on file in
the Township offices.)
[Ord. No. 2013-11-OA]
a.
General Principals.
1.
Pursuant to N.J.S.A. 40:55D-138, a TDR Program must seek to transfer
the development potential from areas where preservation is most appropriate
to areas where growth can be better accommodated and maximized.
2.
Pursuant to N.J.S.A. 4:1C-50, "development potential" is defined as "the maximum number of dwelling units or square feet of nonresidential floor area that could 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." Therefore, the Berkeley Township TDR credit allocation formula seeks to closely estimate the number of dwelling units which could have been built on each eligible parcel given the base zoning density as set forth for the respective zoning districts and regulated under Chapter 35 of the Berkeley Township Land Development Ordinance.
3.
The pre-existing lot pattern within the five sending areas, which
consist of a network of paper streets and very small "newspaper subscription"
lots (50 feet by 100 feet or 50 feet by 150 feet lots created in the
early decades of the 20th Century, many of which were given away with
newspaper subscriptions), will act as the basis upon which transferable
development rights (TDRs) or credits are allocated.
4.
No density increases may be achieved in a receiving zone without
the use of appropriate instruments of transfer.
b.
Credit Allocation Formula.
1.
Generally, one development credit will be equivalent to the proportional
improvement value of a standard single-family home on a conforming
building lot. Lots that are smaller in size than a conforming buildable
lot in the same zoning district will have a percentage of a development
credit based on the relative size of the lot to a conforming lot as
described in the Development Transfer Plan Element of the Master Plan.
(a)
Sample Sending Parcel Calculation:
(1)
Residential Property:
Parcel Size = 15,000 square feet (approx. 1/3 acre)
Base Zoning = R150 (max density = 3 dwelling units per acre)
TDR Credit Calculation: 1/3 x 3 = 1 unit
(2)
Rural Highway Business (RHB) Property:
Parcel Size = 100,000 square feet
TDR Credit Calculation: 100,000/15,000 square feet per Credit
= 6.6 units.
2.
The product of the above formula is then rounded up to the nearest
one-hundredth of a credit to equal the TDR credit allocation.
c.
Procedure. Upon the adoption of this article, the Township Clerk
shall file with the County Recording Office a copy of the allocation
plan and Zoning Map showing graphically the location of the Township's
sending and receiving areas. A change in the credit allocation made
by the allocation plan by appeal, assignment or transfer to be effective
must similarly be recorded in the County Recording Office.
[Ord. No. 2013-11-OA]
a.
Purpose. Any landowner eligible for participation in a TDR Program
who is dissatisfied with their credit allocation may appeal their
allocation in accordance with the procedures set forth below.
b.
Timing. Any appeal of a credit allocation must occur prior to the
recording of a TDR easement. Once a property is restricted through
the recording of the TDR easement, the opportunity for an allocation
appeal is lost and the parcel's owner shall be irrefutably presumed
to have elected to accept the allocation given as an appropriate measure
of the development potential of the parcel.
c.
Procedure. The basis of the credit allocation appeal shall be the
availability of more detailed information, such as a valid Letter
Of Interpretation (LOI) issued by the NJDEP, that results in a higher
development potential of a specific property than was determined in
the allocation plan.
[Ord. No. 2013-11-OA]
a.
Notice of Appeal. The parcel owner shall submit a properly completed
notice of appeal and required application and review fees to the Planning
Board Secretary. The notice on forms approved by the Township Planning
Board shall include the following information:
1.
Date of appeal.
2.
Name(s) and mailing address(es) of all property owners.
3.
Copy of the latest deed to the property.
4.
Block and lot number(s) of parcel(s).
5.
Acreage of parcel(s) pursuant to Tax Map or property survey.
6.
Number of TDR credits allocated to the parcel(s) pursuant to the
allocation plan.
7.
Number of TDR credits the landowner is requesting as yielded under
the appeal provided.
9.
Signature of all property owners.
b.
Review by Planning Board Engineer. The Planning Board Secretary shall
forward the notice of appeal and all related information to the Planning
Board Engineer. The Engineer shall review the submission for accuracy
and compliance with the requirements set forth herein. The Engineer
will advise the Planning Board of his findings.
c.
Planning Board Action.
1.
The Planning Board at a regular or special meeting shall, after giving
due consideration to the Engineer's report and any additional information
which the parcel owner or others wish to submit, grant the appeal
if the parcel owner's proof demonstrates that the parcel on the date
of this section's adoption (June 10, 2013) had a development potential
stated in credits greater than that originally allocated. Otherwise
the application should be denied. Public notice of the meeting shall
not be required.
2.
The Planning Board shall take action on the appeal if all required
documents are submitted within 120 days of receipt of the notice of
appeal by the Planning Board Secretary, unless this time period is
extended by the applicant.
3.
Should the Planning Board approve the appeal, it will so direct the
Secretary to amend the allocation plan to reflect the number of credits
approved.
[Ord. No. 2013-11-OA]
a.
A landowner seeking to enroll land within the TDR Program and thus
create credits, which may thereafter be transferred, shall conform
to the following procedures:
1.
The landowner, on forms authorized by the Planning Board and obtained
from the Township Clerk, shall submit to the administrative officer:
(a)
One original and two copies of the fully completed enrollment
application;
(b)
Review fees;
(c)
One original and two copies of the TDR easement containing general
reservation language for future rights-of-way and easement areas that
may be needed for State, County and municipal infrastructure, including
but not limited to future roadways and drainage improvements, which
areas shall be exempted from the restrictions against future development
required under this article; and
(d)
Clear proof of title.
2.
The administrative office shall, within 45 days of receipt, determine
that the application:
(a)
Accurately specifies the number of TDR credits available to
the parcel;
(b)
Covers a parcel of land eligible for inclusion with the TDR
Program;
(c)
Accurately sets forth the block and lot description of the parcel
seeking enrollment; and
(d)
Contains all other information required by the enrollment form.
3.
The administrative officer, upon receipt, shall forward to the Township
Attorney for review:
(a)
One copy of the enrollment application;
(b)
The original and one copy of the TDR easement;
(c)
Clear proof of title;
(d)
A copy of each of the foregoing documents shall be sent by the
administrative officer to the Ocean County Planning Board for that
Board to determine the nature and extent of any areas which should
be withheld from the easement for future infrastructure purposes.
The County Planning Board shall have 14 days within receipt of the
required documentation to advise the administrative officer and Township
Attorney of its concerns and comments.
4.
The Township Attorney shall determine within 14 days of receipt of
any County Planning Board concerns that:
(a)
The TDR easement is in a proper legal form for recording in
the County Clerk's office; and
(b)
The applicant for enrollment holds legal title clear of any
encumbrances to the parcel or that the holder of any lien, mortgage
or other interest has agreed in writing to subordinate their interest
in the parcel to the public interests set forth in the TDR easement.
6.
Upon return of the original TDR easement signed by the Township Attorney,
the administrative officer shall:
(a)
Assign serial numbers to each TDR credit sought to be created;
(b)
Sign the TDR easement form, certifying that the application
procedures required by this article have been followed and that, upon
proper recording of the TDR easement, the parcel will contain the
number of transferable credits specified within the certification,
provided that the TDR easement is recorded within 90 days from the
date that the certification is signed. If unrecorded, the enrollment
shall be null and void, and the landowner must reapply; and
(c)
Return the original and signed TDR easement to the landowner
for recording in the book of deeds in the office of the Ocean County
Clerk.
7.
If the administrative officer or Planning Board Planner fail to act
within the time periods specified, unless these time periods are extended
by the applicant, the application shall be deemed denied.
8.
The landowner, upon recording the TDR easement with the County, shall
file proof of the recording with the administrative officer prior
to the approval of any transfer of any credit created under the easement.
9.
Upon receipt of proof that a TDR easement has been recorded, the
administrative officer shall:
(a)
Record the fact of recordation upon the records of the Township.
This record shall include the Clerk's assigned book and page of recording;
and
(b)
Forward a copy of the recorded TDR easement to the Planning
Board for its information.
(c)
Forward recorded easement and credit enrollment information
to the New Jersey State TDR Bank on forms provided by the Bank within
10 business days of receipt of proof of easement recording.
10.
The landowner shall be responsible for all costs associated with
the review of the enrollment application, including professional fees
authorized by the Land Development Ordinance.
11.
The administrative officer shall act on all applications submitted
in the order in which they are submitted.
b.
TDR Credit Assignment. A landowner or subsequent credit holder (assignor)
against whose land a TDR easement has been recorded may assign any
of the credits created through the use of the following procedures:
1.
The assignor, on forms authorized by the Planning Board and obtained
from the Township Clerk, shall submit to the administrative officer
for review:
2.
The administrative officer, within 45 days, shall determine that
the application:
(a)
Contains all of the information required by the form;
(b)
Seeks to assign no more than the maximum number of credits available
and not already assigned or extinguished;
(c)
Provides the recording information about the TDR easement;
(d)
Accurately reflects the information contained in it; and
(e)
Reflects that no material change in the title of the credit
has occurred since the TDR easement was recorded.
3.
Upon determination by the administrative officer that the application and supporting documentation establishes the criteria set forth in Subsection 2 above, the application shall be referred to the Township Attorney for review and determination that the assignment is ready for recording.
4.
Upon receipt of a determination by the Township Attorney that the
assignment is ready to be recorded, the administrative officer shall
sign the assignment, certifying that upon recording the assignment
will transfer the number of credits contained within it to the party
named. If the assignment is not recorded within 90 days of the date
that the certification is signed, unless this time period is extended
by the applicant, the assignment shall be null and void.
5.
If the administrative officer fails to act within the time period
provided, the application shall be deemed denied.
6.
Upon signing, the assignment shall be returned to the Assignor for
recording in the book of deeds in the office of the Ocean County Clerk.
7.
The assignee of the credits shall, upon filing of the assignment,
file proof of recording with the administrative officer prior to the
approval of any credit use.
8.
Upon receipt of proof that the assignment has been recorded, the
administrative officer shall:
(a)
Record the fact of recordation upon the records of the Township.
The record shall include the Clerk's assigned book and page of recording;
and
(b)
Forward a copy of the recorded assignment to the Planning Board
for its information;
(c)
Forward recorded assignment and assignment information to the
New Jersey State TDR Bank on forms provided by the Bank within 10
business days of receipt of proof of easement recording.
9.
An assignor shall be responsible for all costs associated with the
review of the assignment application, including professional fees
authorized by the Land Development Ordinance;
10.
The administrative officer shall act on all applications in the order
in which they are received.
c.
TDR Credit Use; Extinguishment. An owner or developer of land located
within the receiving area may utilize credits held by a landowner
of land located within a sending area or his assigns to increase the
number of units that may be developed by utilizing the following procedures:
1.
The owner/developer of land within the receiving area must first
obtain final approval for the development of a project within the
receiving area contingent and conditioned on the acquisition and extinguishment
of TDR credits.
2.
To meet the condition of approval, the owner/developer, at or prior
to the signing of a subdivision plat or the issuance of the first
building permit, whichever occurs first, on forms approved by the
Planning Board and obtained from the Township Clerk, shall submit
to the administrative officer:
3.
The administrative officer shall, within 45 days of receipt, determine
that the application:
(a)
Accurately specifies the number of TDR credits needed for the
development of the parcel sought to be developed;
(b)
Demonstrates that the developer owns, by assignment or otherwise,
all credits needed for the proposed development;
(c)
Accurately specifies by reference to assigned serial numbers
or otherwise which credits are being used by the development;
(d)
Accurately provides such other information required by the application;
and
(e)
Demonstrates that the parcel from which the credits arise are
subject to a recorded TDR easement.
4.
If the administrative officer determines that the application and supporting documentation establishes the criteria set forth in Subsection 3 above, the administrative officer shall sign the deed of credit transfer. This signing will certify that upon recording, the deed of credit transfer will permanently transfer the number of credits contained within it to the parcel of land cited. If the deed of credit transfer is not recorded within 90 days of the date that the certification is signed, unless this time period is extended by the applicant, the deed of credit transfer shall be null and void.
5.
If the administrative officer shall fail to act within the time periods
provided, the application shall be deemed denied.
6.
Upon signing, the deed of credit transfer shall be returned to the
owner or developer of the land for recording in the book of deeds
in the office of the Ocean County Clerk.
7.
The owner or developer of the land using the credits shall, upon
filing of the deed of credit transfer, file proof of recording with
the administrative officer prior to the issuance of any building permit
for development of the land upon which the credit is to be used.
8.
Recording the deed of credit transfer shall extinguish the ability
to use any credit transferred except upon the parcel to which the
TDR credit has been transferred.
9.
Upon receipt of proof that the deed of credit transfer has been recorded,
the administrative officer shall:
(a)
Record the fact of recordation upon the records of the Township.
The record shall include the Clerk's assigned book and page of recording;
and
(b)
Forward a copy of the recorded deed of credit transfer to the
Planning Board for its information.
(c)
Forward recorded deed of credit transfer and transfer information
to the New Jersey State TDR Bank on forms provided by the Bank within
10 business days of receipt of proof of easement recording.
10.
The owner or developer of the land shall be responsible for all costs
associated with the review of the assignment application, including
professional fees authorized by the Land Development Ordinance.
11.
The administrative officer shall act on all applications in the order
in which they are received.
[Ord. No. 2013-11-OA]
a.
Generally. It is understood that the Transfer Development Rights
Program is voluntary. The TDR Development Transfer Plan Element of
the Berkeley Township Master Plan and the Berkeley Township Land Development
Ordinance provide a reasonable balance between the number of credits
which are allocated to the sending area and the capacity of the acreage
within the receiving area to accommodate transferred credits; however,
if a number of landowners/developers within the receiving area elect
to subdivide their land without the use of credits, it is conceivable
that more credits capable of being transferred will have been created
than available locations for their receipt. Recognizing the inherent
unfairness which may be visited upon a property owner in the sending
area or his assignee should property be enrolled within the program
without there being in existence an adequate area within the receiving
area to utilize the credits so created, this section has been created
to provide relief.
b.
Standard. Should a landowner or his assignee owning a parcel of land
enrolled within a TDR Program determine that they have an inability
to utilize credits within the receiving area, they may apply to the
Planning Board for reassignment of the credits to the parcel from
which they originated or disenrollment of the parcel from the TDR
Program upon the showing of good cause in accordance with the procedures
set forth below.
c.
Procedures for Reassignment and Disenrollment.
1.
Reassignment. An assignee seeking to reassign any of the credits
which have previously been assigned by a landowner may seek to reassign
the credits obtained, absent any bonus, back to the parcel from which
they originated within one year of the date of the recording of the
original assignment document by using the following procedures:
(a)
The assignee on forms authorized by the Planning Board and obtained
from the Township Clerk shall submit:
(b)
The administrative officer, within 45 days, shall determine
that the application:
(1)
Contains all of the information required by the form;
(2)
Seeks to reassign all or a portion of the credits, absent any
bonus, previously assigned to the assignee back to the parcel from
which the credits came;
(3)
Provides the recording information about the TDR easement and
original assignment; and
(4)
Reflects that no material change in the title of the credit
has occurred since the TDR easement and assignment were recorded.
(c)
If the administrative officer determines that the application
and supporting documents are complete, this official shall schedule
the matter for a hearing before the Planning Board at its next regular
or special meeting called for this purpose.
(d)
The Planning Board shall at the regular or special meeting during
which the matter is considered, conduct a hearing on the application.
If the Planning Board determines, after considering all evidence submitted
both in favor of and opposing the application, that, through an inability
to use the credits within the receiving area or through other just
cause, it is not feasible to expect that the credits will be usable
within a reasonable time frame and both the assignee and the landowner
agree to a reassignment of the credits, the Board shall grant the
assignee the right to reassign the credits provided. Otherwise, the
application should be denied. Public notice of the meeting shall not
be required.
(1)
The Planning Board shall take action on the application within
45 days of its receipt by the Planning Board Secretary. If the Planning
Board fails to act, the application shall be deemed denied.
(2)
Should the Planning Board approve the application, it will direct
its Chairman and Secretary to certify to this fact on the original
reassignment document, which is to be delivered to the applicant for
recording in the book of deeds in the office of the Ocean County Clerk.
The reassignment document is to be recorded within 90 days from the
date that the certification is filed, unless this time period is extended
by the applicant. If unrecorded, the appeal of the reassignment shall
be invalid and the assignee must reapply to obtain relief.
(e)
The assignee, upon recording the reassignment document, shall
file proof of the recording with the administrative officer. Until
such proof is filed, reassignment of the credits shall be ineffective.
(f)
Upon receipt of proof that a reassignment document has been
recorded, the administrative officer shall:
(1)
Record the fact of the reassessment upon the records of the
Township. This record shall include the Clerk's assigned book and
page of recording.
(2)
Forward a copy of the recorded reassignment document to the
Planning Board for its information.
(3)
Forward recorded reassignment and reassignment information to
the New Jersey State TDR Bank on forms provided by the Bank within
10 business days of receipt of proof of easement recording.
(g)
If the parcel from which the TDR credits were transferred has
been conveyed to the Township by the landowner and is no longer available
for reassignment, the Township will purchase the credits from the
assignee at the same price as the assignee acquired them from the
assignor and may resell those credits to another purchaser in a receiving
area at a later date.
2.
Disenrollment. To disenroll land from involvement with the TDR Program,
a landowner shall utilize the following procedures.
(a)
The landowner, on forms authorized by the Board and obtained
from the Township Clerk, shall submit to the administrative officer:
(1)
One original and two copies of a fully completed disenrollment
application;
(2)
Review fees;
(3)
One original and two copies of the disenrollment document designed
to terminate the restrictions imposed upon the landowner's property;
(4)
Clear proof of title; and
(5)
Proof that none of the credits created for the property by enrollment
have been used by another property owner or developer through the
filing of a deed of credit transfer or assigned to a third party who
does not consent to the disenrollment application.
(b)
The administrative officer shall determine within 45 days of
receipt thereof that the application is complete.
(c)
Upon determining that the application is complete, the administrative
officer shall schedule a public hearing before the Planning Board
on notice to the public and to the Ocean County Department of Planning.
At this hearing, the Planning Board shall determine whether a hardship
exists to the landowner through an inability to utilize his credits
within the receiving area or for other good and sufficient reasons
the public's interest would be served by allowing relief from the
restrictions imposed under the TDR Program. In reaching this conclusion,
the Planning Board shall take into consideration all evidence, both
submitted in favor of and in opposition to the relief request, in
accordance with the procedures normally available for development
applications before the Board. After this review, the Board shall
reduce its findings to a written resolution recommending to the Township
Committee whether to grant or deny the application proposed. If the
Board fails to act within 90 days of the date the application is submitted,
unless this time period is extended by the applicant, the application
shall be deemed denied.
(d)
If the application is approved, the record before the Board,
including its findings, shall be submitted to the Township Committee
and to the applicant. The Township Committee shall review the proceedings
before the Planning Board and determine whether good cause exists
for the relief specified. If they agree that the relief should be
granted, they shall direct the Mayor and Township Clerk to execute
the disenrollment document. Upon execution by the Mayor and Clerk,
approval to disenroll shall be recorded in the book of deeds in the
office of the Ocean County Clerk.
(e)
Upon receipt of proof of recording of the disenrollment document,
the administrative officer shall:
(1)
Record the fact that the disenrollment document has been recorded
on the Township records, including the Clerk's assigned book and page
of recording, if known; and
(2)
Forward a copy of the recorded disenrollment document to the
Planning Board for its information.
(3)
Forward a copy of recorded disenrollment document and disenrollment
information to the New Jersey State TDR Bank on forms provided by
the bank within 10 business days of receipt of proof of recording.
(f)
The assignee and/or landowner seeking either reassignment or
disenrollment shall be responsible for all costs associated with the
review of the reassignment or disenrollment, including professional
fees authorized by the Land Development Ordinance.
(g)
The assignee and/or landowner may extend the time limits for
administrative action by the administrative officer or by the Board.
This right to extend shall not apply to any time period set forth
in this article for recording of a document.
[Ord. No. 2013-11-OA]
a.
In accordance with N.J.S.A. 40:55D-147e, all potential development
transfers shall be recorded with the State Transfer of Development
Rights Bank in the Development Potential Transfer Registry and shall
do so within 10 days thereof, pursuant to N.J.S.A. 4:1C-53.
b.
While the Berkeley TDR Program will occur on a voluntary basis in
the open market, the bank State Transfer of Development Rights Bank
shall be empowered to purchase development credits from landowners
who have elected to participate in the TDR Program pursuant to the
rules and procedures set forth in N.J.A.C. 2:77-1 et seq.
