07-18-07 A-1247-05T5
The issue before us is whether a municipality may devise a
transfer of development rights program other than as authorized
by the State Transfer of Development Rights Act, N.J.S.A.
40:55D-137 to -163. We held that it may not; therefore, the de
facto transfer of development rights program adopted by the
municipality based on a provision of N.J.S.A. 40:55D-65c that
allows a municipality to adopt standards for planned
developments that include clustering of development between
noncontiguous parcels is invalid.
