Since 1985, state law has prohibited municipalities from imposing development moratoria except in cases of demonstrable, clear and imminent danger to health. N.J.S.A. 40:55D-90b. This bright-line statutory prohibition "has now been in effect for such a number of years and the provisions are so unequivocal that municipalities have ceased to enact the type of moratoria prescribed by subsection a." Cox & Koenig, New Jersey Zoning and Land Use Administration §34-8.5 (Gann 2013).
In the Highlands region, development moratoria have been revived in the form of "checklist ordinances," which prevent applications from being deemed complete until zoning is enacted that conforms with the Highlands Regional Master Plan.
