[1971 Code § 2-14.1]
There is hereby established in the Township, pursuant to N.J.S.A.
40:55D-1 et seq., a Planning Board of nine members, consisting of
the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Township other than a member of the Township Committee to be appointed by the Mayor, provided that if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by Section 1 of P.L. 1968, c.245, N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member for the purposes of sections 2-34 through 2-36 of this revision in the event that there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
Class III. A member of the Township Committee to be appointed
by it.
Class IV. Six other citizens of the Township to be appointed
by the Mayor.
The members of Class IV shall hold no other municipal office,
except that one such member may be a member of the Zoning Board of
Adjustment and one such member may be a member of the Board of Education.
If there be a Township Environmental Commission, the member
of the Environmental Commission who is also a member of the Planning
Board, as required by Section 1 of P.L. 1968, c.245, N.J.S.A. 40:56A-1,
shall be a Class IV Planning Board member, unless there be among the
Class IV members of the Planning Board both a member of the Zoning
Board of Adjustment and a member of the Board of Education, in which
case the member common to the Planning Board and Township Environmental
Commission shall be deemed a Class IV member of the Planning Board.
[1971 Code § 2-14.2]
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office whichever occurs first, except for
a Class II member who is also a member of the Environmental Commission.
The term of the Class II or Class IV member who is also a member
of the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs, first. The term of the Class IV member
who is also a member of the Board of Adjustment, or Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to sections 2-34 through 2-36 of this revision shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the Township Committee, provided, however that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except, as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointments are made.
[1971 Code § 2-14.3]
a.
Vacancies. If a vacancy in any class shall occur otherwise than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term.
b.
Removal from Office. Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the Township
Committee for cause.
c.
Planning Board Alternate Members. The Township Committee may appoint
alternate members to serve on the Planning Board in the absence or
disqualification of a member of the class to which they are appointed.
Such alternate shall not exceed one in Class II, one in Class III
and two in Class IV. Alternate members of Classes II and III shall
be appointed for terms to expire at the same time as the terms of
regular members of their respective classes. Alternate members of
Class IV shall serve for terms of two years; provided, however, that
in the event that two alternate members of Class IV are appointed,
the initial terms of such members shall be one and two years respectively.
Such alternate members upon appointment shall be designated as follows:
Class II Alternate, Class III Alternate and, if Class IV has two alternates,
Class IV Alternate Number 1 and Class IV Alternate Number 2. Each
alternate shall be eligible to serve during the absence or disqualification
of a member of their respective class only and, if Class IV has two
members, they shall serve in rotation.
[1971 Code § 2-14.4]
The Planning Board shall elect a Chairman and a Vice-Chairman
from the members of Class IV, and select a Secretary who may be either
a member of the Planning Board or a Municipal employee designated
by it.
[1971 Code § 2-14.5]
There is hereby created the Office of the Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Township Attorney.
[1971 Code § 2-14.6]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee for its use.
[1971 Code § 2-14.7]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make and adopt and, from time to time, amend a master plan for
the physical development of the Township including any areas outside
its boundaries, which, in the Board's judgment, bear essential relation
to the planning of the Township in accordance with the provisions
of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the Township in accordance with the
provisions of such ordinances and the Municipal Land Use Law of 1975,
N.J.S.A. 40:55D-1 et seq.
c.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of municipal capital improvement projects
and amendments thereto projected over a term of six years, and recommend
same to the Township Committee.
f.
To consider and make report to the Township Committee within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26 (a), and also
pass upon other matters specifically referred to the Planning Board
by the Township Committee, pursuant to the provisions of N.J.S.A.
40:55D-26 (b).
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70C from lot area, lot dimensional
setback and yard requirements, provided that such relief from lot
area requirements shall not be granted for more than one lot.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for
building or structure in the bed of a mapped street or public drainage
way, flood-control basin or public area reserved pursuant to N.J.S.A.
40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
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Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
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h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or of other agencies or officers.
[1971 Code § 2-14.8]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval, unless, within
such period, a plat in conformity with such approval and the provisions
of the Map Filing Law, or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
and the Township Engineer and the Township Tax Assessor. Any such
plat or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise
its ancillary powers before the granting of a variance as set forth
in paragraph 2-34.7g of this section, the Planning Board shall grant
or deny approval of the application within 95 days after submission
by the developer of a complete application or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the time period prescribed shall constitute approval
of the application, and a certificate of the administrative officer
as to the failure of the Planning Board to act shall be issued on
request of the applicant.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat, unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
[1971 Code § 2-14.9]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Planning Board of the Township. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, at least 13 copies of a sketch plat; at least 13 copies of applications for minor subdivision approval; at least 13 copies of applications for major subdivision approval or at least 13 copies of an application for site plan review, conditional use approval, or planned development. At the time of filing the application, but in no event less than 14 days prior to the date set for hearing, the applicant shall also file all plot plans, maps, or other papers required by virtue of any provision of sections 2-34 through 2-36 or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate application and of the regular meeting dates of the board.
[1971 Code § 2-14.10]
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such persons shall have no power to vote or take other
action required of the Board. Such persons shall serve at the pleasure
of the Mayor.
[1971 Code § 2-14.11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Township,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[1971 Code 2-14.12]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of sections 2-34 through 2-36 of this Revision. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
[1971 Code § 2-15.1]
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the Township appointed by the Township Committee to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in sections 2-34 through 2-36 of this Revision shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the Township.
A member may be removed by the Township Committee for cause,
after a public hearing, if the member requests one.
a.
Zoning Board Alternate Members. The Township Committee may appoint
to the Zoning Board not more than two alternate members. Alternate
members shall be designated by the Chairman Alternate Number 1 and
Alternate Number 2 and shall serve in rotation during the absence
or disqualification of any regular member or members.
[1971 Code § 2-15.2]
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
[1971 Code § 2-15.3]
There is hereby created the Office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Township Attorney.
[1971 Code § 2-15.4]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and for other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed the amount appropriated by the Township Committee for
use of the Board, exclusive of gifts or grants.
[1971 Code § 2-15.5]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of sections 2-34 through 2-36 of this Revision. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
[1971 Code § 2-15.6]
b.
It is further the intent of sections 2-34 through 2-36 herein to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of sections 2-34 through 2-36 of this Revision, or any term, clause, sentence or word hereof, and the zoning map, in accordance with the general rules of construction applicable to legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of sections 2-34 through 2-36 of this Revision in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of such sections would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provided, and it shall, from time to time, furnish to any person requesting it a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[1971 Code § 2-15.7]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
or by an officer, department, board, or bureau of the Township affected
by any decision of an administrative officer to the Township. Each
appeal shall be taken within the 65 days prescribed by the statute
by filing a notice of appeal with the officer from whom the appeal
was taken, together with 10 copies of the notice with the Secretary
of the Board of Adjustment. Such notice of appeal shall specify the
grounds for the appeal. The Officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. 13 copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 14 days prior to the date set for hearing, the applicant shall also file at least 13 black-on-white prints of the preliminary plat, as well as 13 copies of all plot plans, maps or other papers required by virtue of any provisions of sections 2-34 through 2-36 of this Revision or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
notice of appeal shall have been filed with him that, by reason of
facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[1971 Code § 2-15.8]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq.,
or amendments thereto or subsequent statutes applying, reverse or
affirm wholly or partly or may modify the order, requirement, decision,
or determination appealed from, and make such other requirement, decision
or determination as ought to be made, and to that end, have all the
powers of the administrative officer from whom the appeal was taken.
[1971 Code § 2-15.9]
Any variance from the terms of sections 2-34 through 2-36 of this Revision hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced within nine months from the date of entry of the judgment or determination of the Board of Adjustment; except however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Township Committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
[1971 Code § 2-15.10]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning chapter.
b.
Hear and decide requests for interpretation of the map or zoning
chapter, or for decisions upon other special questions upon which
such board is authorized by the zoning chapter to pass.
c.
Where, by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the zoning chapter would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, grant upon an application or an appeal
relating to such property, a variance from such strict application
so as to relieve such difficulties or hardship; provided, however,
that no variance shall be granted under this paragraph to allow a
structure or use in a district restricted against such structure or
use, and further provided that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to N.J.S.A. 40:55D-60a.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board.
e.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent or purpose of the zone plan and zoning chapter.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report provided that such reference shall not extend the period
of time within which the Zoning Board of Adjustment shall act.
[1971 Code § 2-15.11]
The Zoning Board of Adjustment shall in addition to the powers
specified in subsection 2-15.10, have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the official map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55B-36 for a
building or structure not related to a street.
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The Board of Adjustment shall have the power to grant to the
same extent and subject to the same restrictions as the Planning Board
subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37-59
or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever
the Board is reviewing an application for approval of a use variance
pursuant to paragraph 2-35.10d of this Revision.
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[1971 Code § 2-15.12]
The Board of Adjustment shall render its decision not later
than 120 days after the date an appeal is taken from the decision
of an administrative officer, or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70 (b).
Failure of the Board to render a decision within such one hundred
twenty- (120) day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
[1971 Code § 2-15A.1]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[1971 Code § 2-15A.2]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless canceled for lack of
application for development to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board Members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, C. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either Board shall be deemed a
regular or special meeting in accordance with the provisions of N.J.S.A.
40:55D-9.
[1971 Code § 2-15A.3]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of Secretary to each Board.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1971 Code § 2-15A.4; Ord. No.
98-76 § 1; Ord. No. 2006-54 § 1; Ord. No. 2009-10 § 1; Ord. No. 2009-36 § 1; Ord. No. 2010-18 §§ 1, 2; Ord. No. 2016-16]
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment, or any members of
their administrative staffs shall be as provided for in Schedule B
and Schedule C attached hereto and made a part of this section. All
advertising fees required prior or subsequent to all hearings on any
application to the Lakewood Township Planning Board and/or the Lakewood
Township Zoning Board of Adjustment shall be borne entirely by the
applicant. Fees not otherwise provided by ordinance, may be provided
for and adopted as part of the rules of the respective boards and
copies of such rules or the separate fee schedule shall be available
to the public.
a.
Schedule A: General Regulations.
1.
Proposals involving more than one use or application type shall pay
a fee equal to the sum of the fee for each element, including variances.
2.
Special Meetings of Boards. Upon request of the applicant, the Planning
Board or Zoning Board of Adjustment may call for a special meeting
to conduct a public hearing or otherwise consider an application for
development provided that in such event, each applicant scheduled
for the special meeting shall pay a fee of $1,200 in addition to the
required application and escrow fees to the Township of Lakewood to
defray the costs associated with attendance of the Planning Board
or Zoning Board of Adjustment staff.
3.
Exemptions. The Administrative Officer shall exempt charitable, philanthropic,
fraternal and religious nonprofit organizations holding and providing
documentation of a tax exempt status under the Federal Internal Revenue
Code of 1954 (26 U.S.C. 501 (c) or (d)) from 50% of the foregoing
application and escrow fees. Replenishment of escrow accounts shall
be established in accordance with the subsection entitled "Replenishment
of Escrow Accounts" in Schedule C. A Board of Education shall be exempt
from application and escrow fees. Further, a disabled person, or a
parent or sibling of a disabled person shall be exempt from the payment
of application and escrow fees in connection with any application
for development which promotes accessibility to the living unit of
the disabled person. A disabled person shall mean a person who has
the total and permanent inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment, including blindness, and shall include but not be limited
to, any resident of this State who is disabled pursuant to the Federal
Social Security Act or the Federal Railroad Retirement Act of 1974,
or is rated as having a 60% disability or higher pursuant to any Federal
law administered by the United States Veterans' Act.
b.
Schedule B: Application Fees.
1.
Certified list of property owners: $10.00
2.
Minor subdivisions: $350.00+ $75.00 each lot
3.
Major subdivisions:
Preliminary: $1,000.00
Final: $500.00
4.
Preliminary site plans: $1,000.00
5.
Final site plans: $500.00
6.
For revisions/amendments to an approved plan (each submission): $250.00
7.
For resubmission/extension of expired approvals (Reaffirmation):
$250.00
8.
For administrative approval review and comment, change in permitted
use: $250.00
9.
For publication of Notice of Determination: $50.00
10.
For appeals and interpretation of zoning map: $100.00
11.
For a variance or other appeal where the premises involves an existing
single-family dwelling: $100.00 + $25.00 each additional variance
12.
For a bulk variance: $200.00 + $50.00 each additional variance
13.
For a variance or other appeal or interpretation involving a use
or structure:
Residential: $300.00
Nonresidential: $600.00
14.
For a zone change application: $250.00
15.
For a conditional use permit: $250.00
16.
For a building permit in conflict with official map or building permit
for a lot not related to a street: $150.00
17.
Erection of a structure on an unimproved street pursuant to N.J.S.A.
40:55D-36 of the Municipal Land Use Law: $150.00
18.
For a Zoning Permit: $25.00
19.
Plot Plan:
New Construction: $100.00
Addition: $50.00
20.
Tax Map Maintenance:
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Minor subdivision:
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$100.00 for the first two lots created
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$50.00 for each additional lot
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Major subdivision:
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Less than 10 lots
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$500.00
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11-50 lots
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$750.00
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51-100 lots
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$1,000.00
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100+ lots
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$1,500.00 + $250.00 for each additional 50 lot increment or
portion thereof
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Residential condominium projects
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$500.00 plus $10.00 per unit
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21.
Concept Plan Review: $100.00
22.
Stenography Fee: $75.00
This fee is required for all submissions requiring Board action
and must be submitted as a separate check.
23.
For
all proposed stormwater management facilities serving a residential
community, the Township shall be responsible for all maintenance (both
annual and perpetual). The following one-time maintenance fees shall
be assessed per unit and paid to the Township before the issuance
of the first certificate of occupancy to any unit for all of the original
units created, and thereafter for any subsequent certificates of occupancy
issued for any subsequently created units via further subdivision
of the original parcels. The maintenance fee assessment shall be held
by the Township in a separate and dedicated fund, which shall be used
by the Township exclusively for maintenance and repair of such stormwater
management facilities within the Township.
[Added 12-9-2021 by Ord. No. 2021-62]
c.
Schedule C: Escrow Deposits Pertaining to Both Planning Board and
Zoning Board of Adjustment Applications.
1.
Establishment of Escrow Account. As a precondition to filing an application
before either the Planning Board or Zoning Board of Adjustment, the
applicant shall deposit, in the form of cash, certified check or the
equivalent, with the Township Treasurer/Chief Financial Officer, the
escrow deposit required for each element of the application, as set
forth below. No application shall be acted upon by either the Planning
Board or Zoning Board of Adjustment until all escrow funds and required
fees have been deposited in accordance with this subsection.
(a)
Escrow amounts. Escrow funds in the amounts specified herein
shall be required relative to the following applications:
(1)
Minor subdivision: $3,000.00
(2)
Sketch plat for major subdivision, preliminary major subdivision
and preliminary site plan approval for residential use:
|
0-10 lots or units
|
$3,500.00
|
|
11-25 lots or units
|
$4,500.00
|
|
26-100 lots or units
|
$5,000.00 + $25.00 per lot
|
|
101 + lots or units
|
$6,000.00 + $20.00 per lot
|
(3)
Final major subdivision and final site plan approval for residential
use:
|
0-10 lots or units
|
$1,250.00
|
|
11-25 lots or units
|
$1,750.00
|
|
26-100 lots or units
|
$2,500.00 + $20.00 per lot
|
|
101 + lots or units
|
$3,000.00 + $15.00 per lot
|
(4)
Nonresidential site plan approval, inclusive of minor site plan:
|
Preliminary up to two acres
|
$4,250.00
|
|
Over two acres
|
$4,250.00 + $300.00 per acre
|
|
Final up to two acres
|
$2,250.00
|
|
Over two acres
|
$2,250.00 + $150.00 per acre
|
(5)
Variances applications:
|
Hear and decide application appeals
|
$ 250.00
|
|
Interpretation of zoning map/ordinances
|
$ 250.00
|
|
Hardship variance:
| |
|
Residential
|
$150.00 for the first category plus $75.00 for each additional
hardship variance (i.e. per dimension, lot, unit, etc.)
|
|
Nonresidential
|
$300.00 for the first category plus $150.00 for each additional
hardship variance (i.e. per dimension, lot, unit, etc.)
|
|
Use Variance:
| |
|
Residential
|
$ 500.00
|
|
Nonresidential
|
$1,500.00
|
|
Conditional uses
|
$500.00
|
|
Building permit in conflict with official map or for a lot not
related to a street
|
$500.00
|
|
Erection of a structure on an unimproved street pursuant to
N.J.S.A. 40:55D-36 of the Municipal Land Use Law
|
(6)
Amended development applications, extensions, re-approvals and
zone change requests:
|
Re-Approval of subdivisions or site plans
|
50% of original fee
|
|
Extension of preliminary or final major subdivision or site
plan approval
|
$750.00
|
|
Amended preliminary or final major subdivision or site plan
approval original
|
50% of original fee
|
|
Zone change application
|
$1,500.00
|
(7)
Miscellaneous escrow fees:
|
Exception to design and performance standards
|
$250.00 for one category design or performance standard plus
$150.00 for each additional category
|
|
Change in use application for a use specifically permitted in
the zone.
|
$500.00
|
|
Concept Plan Review
|
$500.00
|
2.
Purpose of Escrow Account. An applicant shall be responsible to reimburse
the municipality from the escrowed funds deposited for the actual
municipal costs incurred for all professional review activity, tax
map maintenance, stenographer recording and correspondence with respect
to an application. Professional review, activity or correspondence
shall include the services of a duly licensed engineer, surveyor,
planner, attorney, realtor, appraiser or other expert who would provide
professional services to insure that an application meets performance
and design standards.
3.
Replenishment of Escrow Account. Additional escrow funds are required
when the escrow has been depleted to 20% of the original escrow amount.
The Township shall notify the appropriate Board when escrow funds
have been so depleted. The Board or other review committee shall not
take any further action on the application until the applicant has
replenished the escrow account by depositing 50% of the original escrow
amount with the Township.
4.
Escrow Deposits.
(a)
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with subsection h of section 41 of the Act (N.J.S.A. 40:55D-53) or to satisfy the guarantee requirements of subsection a of section 41 of the Act (N.J.S.A. 40:55D-53), the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this subsection, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this State insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain, for administrative expenses, a sum equivalent to no more than thirty-three and one-third (33 1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
(b)
The provisions of paragraph (a) shall apply only to that interest
earned and paid on a deposit after the effective date of paragraph
(a).
(c)
The Chief Financial Officer of a municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.). The application review and inspection charges shall
be limited only to professional charges for review of applications,
review and preparation of documents and inspections of developments
under construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the municipality. The only costs that shall be
added to any such charges shall be actual out-of-pocket expenses of
any such professionals or consultants, including normal and typical
expenses incurred in processing applications and inspecting improvements.
The municipality or approving authority shall not bill the applicant,
or charge any escrow account or deposit authorized under paragraph
(d) of this subsection, for any municipal clerical or administrative
functions, overhead expenses, meeting room charges, or any other municipal
costs and expenses except as provided for in this subsection, nor
shall a municipal professional add any such charges to this bill.
If the salary, staff support and overhead for a municipal professional
are provided by the municipality, the charge shall not exceed 200%
of the sum of the products resulting from multiplying (i) the hourly
base salary, which shall be established annually by ordinance, of
each of the professionals by (ii) the number of hours spent by the
respective professional upon review of the application for development
or inspection of the developer's improvements, as the case may be.
For other professionals, the charge shall be at the same rate as all
other work of the same nature by the professional for the municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
(d)
If the municipality requires of the developer a deposit toward
anticipated municipal expenses for these professional services, the
deposit shall be placed in an escrow account pursuant to section 1
of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1).
(e)
Each payment charged to the deposit for review of applications,
review and preparation of documents and inspection of improvements
shall be pursuant to a voucher from the professional, which voucher
shall identify the personnel performing the service, and for each
date the services performed, the hours spent to one-quarter hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer. If the services are provided by a
municipal employee, the municipal employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required on a voucher, on a monthly basis. The professional shall
send an information copy of all vouchers or statements submitted to
the Chief Financial Officer simultaneously to the applicant. The Chief
Financial Officer shall prepare and send to the applicant a statement
which shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the escrow
account. This information shall be provided on a quarterly basis,
if monthly charges are $1,000 or less, or on a monthly basis if monthly
charges exceed $1,000. If an escrow account or deposit contains insufficient
funds to enable the municipality or approving authority to perform
required application reviews or improvement inspections, the Chief
Financial Officer shall provide the applicant with a notice of the
insufficient escrow or deposit balance. In order for work to continue
on the development or the application, the applicant shall, within
a reasonable time period, post a deposit to the account. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
(f)
The following close-out procedures shall apply to all deposits
and escrow accounts established under the provisions of P.L. 1975,
c.291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving
authority has granted final approval and signed the subdivision plan,
in the case of application review escrows and deposits, or after the
improvements have been approved as provided in section 41 of P.L.
1975, c.291 (N.J.S.A. 40:55D-53), in the case of improvement inspection
escrows and deposits. The applicant shall send written notice by certified
mail to the Chief Financial Officer and the approving authority, and
to the relevant municipal professional, that the application or the
improvements, as the case may be, are completed. After receipt of
such notice, the professional shall render a final bill to the Chief
Financial Officer within 30 days, and shall send a copy simultaneously
to the applicant. The Chief Financial Officer shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest in
accordance with section 1 of P.L. 1985, c.315 (N.J.S.A. 40:55D-53.1),
shall be refunded to the developer along with the final accounting.
(g)
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction. Review fees shall be charged only
in connection with an application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests for modification or amendment made
by the applicant. A professional shall not review items which are
subject to approval by any State governmental agency and not under
municipal jurisdiction except to the extent consultation with a State
agency is necessary due to the effect of State approvals in the subdivision
or site plan. Inspection fees shall be charged only for actual work
shown on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work and such inspections shall be reasonably based
on the approved development plans and documents.
(h)
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspections of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
5.
Maintenance Guarantees and Inspection Fees.
(a)
Before a recording of final subdivision plats or as a condition
of final site plan approval or as a condition to the issuance of a
zoning permit pursuant to subsection d of section 52 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-65), the approving authority may require, and
shall accept, in accordance with the standards adopted by ordinance
for the purpose of assuring the installation and maintenance of on-tract
improvements:
(1)
The furnishing of a performance guarantee in favor of the municipality
in an amount not to exceed 120% of the cost of installation, which
cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in section 15 of P.L. 1991, C.256
(N.J.S.A. 40:55D-53.4), for improvements which the approving authority
may deem necessary or appropriate including: streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments, as shown on the final map and required by the Map Filing
Law, P.L. 1960, c.141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plans only, other
on-site, on-tract and off-site improvements and landscaping.
The Municipal Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(2)
Provision for a maintenance guarantee to be posted with the
Governing Body for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in section 15 of
P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4). In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the municipality for such utilities or improvements.
(b)
The time allowed for installation of the improvements for which
the performance guarantee has been provided may be extended by the
Governing Body by resolution. As a condition or as part of any such
extension, the amount of any performance guarantee shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation, which cost shall be determined by the
Municipal Engineer according to the method of calculation set forth
in section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4) as of the
time of the passage of the resolution.
(c)
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not completed or corrected and the municipality
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c.198 (N.J.S.A. 40A:11-1 et seq.).
(d)
Municipal Engineer's report on improvements.
(1)
Upon substantial completion of all required street improvements
(except for the top course) and appurtenant utility improvements,
and the connection of same to the public system, the obligor may request
of the Governing Body in writing, by certified mail addressed in care
of the Municipal Clerk, that the Municipal Engineer prepare, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to paragraph c5(a)
of this subsection, a list of all uncompleted or unsatisfactorily
completed improvements. If such a request is made, the obligor shall
send a copy of the request to the Municipal Engineer. The request
shall indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the obligor. Thereupon the Municipal
Engineer shall inspect all improvements covered by obligor's request
and shall file a detailed list and report, in writing, with the Governing
Body, and shall simultaneously send a copy thereof to the obligor
not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Municipal Engineer shall state, in
detail, with respect to each improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each incomplete improvement or the nature and extent of, and remedy
for, the unsatisfactory state of each completed improvement determined
to be unsatisfactory. The report prepared by the Municipal Engineer
shall identify each improvement determined to be complete and satisfactory
together with a recommendation as to the amount of reduction to be
made in the performance guarantee relating to the completed and satisfactory
improvement, in accordance with the itemized cost estimate prepared
by the Municipal Engineer and appended to the performance guarantee
pursuant to paragraph c5(a) of this subsection.
(e)
Approval or rejection of improvements by Governing Body.
(1)
The Governing Body, by resolution, shall either approve the
improvements determined to be complete and satisfactory by the Municipal
Engineer, or reject any and all of these improvements upon the establishment
in the resolution of cause for rejection; and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guarantee pursuant to paragraph c5(a) of this subsection. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Municipal Engineer. Upon adoption of the
resolution by the Governing Body, the obligor shall be released from
all liability pursuant to its performance guarantee, with respect
to those approved improvements, except for that portion adequately
sufficient to secure completion or correction of the improvements
not yet approved; provided that 30% of the amount of the total performance
guarantee posted may be retained to ensure completion and acceptability
of all improvements.
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved improvement shall be reduced by the
total amount for each such improvement, in accordance with the itemized
cost estimate prepared by the Municipal Engineer and appended to the
performance guarantee pursuant to paragraph c5(a) of this subsection,
including any contingency factor applied to the cost of installation.
If the sum of the approved improvements would exceed 70% of the total
amount of the performance guarantee, then the municipality may retain
30% of the amount of the total performance guarantee to ensure completion
and acceptability of all improvements, as provided above.
(2)
If the Municipal Engineer fails to send or provide the list
and report as requested by the obligor pursuant to paragraph c5(d)
of this subsection within 45 days from receipt of the request, the
obligor may apply to the court in a summary manner for an order compelling
the Municipal Engineer to provide the list and report within a stated
time and the cost of applying to the court, including reasonable attorney's
fees, may be awarded to the prevailing party.
If the Governing Body fails to approve or reject the improvements
determined by the Municipal Engineer to be complete and satisfactory
or reduce the performance guarantee for the complete and satisfactory
improvements within 45 days from the receipt of the Municipal Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee pursuant to paragraph
c5(a) of this subsection; and the cost of applying to the court, including
reasonable attorney's fees, may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit with the
municipality or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
(f)
If any portion of the required improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this subsection shall be followed.
(g)
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Governing Body or the Municipal Engineer.
(h)
The obligor shall reimburse the municipality for all reasonable
inspection fees paid to the Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $500 or 5%
of the cost of improvements, which cost shall be determined pursuant
to section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4). For those
developments for which the inspection fees are less than $10,000,
fees may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the inspection
fees. When the balance on deposit drops to 10% of the inspection fees
because the amount deposited by the developer has been reduced by
the amount paid to the Municipal Engineer for inspection, the developer
shall deposit the remaining 50% of the inspection fees. For those
developments for which the inspection fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposit drops to (10%) percent of the inspection
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25% of the inspection fees. The
Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
(i)
In the event that final approval is by stages or sections of development pursuant to subsection a of section 29 of P.L. 1975, c.291 (N.J.S.A. 40:55D-38), the provisions of this subsection shall be applied by stage or section.
(j)
To the extent that any of the improvements have been dedicated
to the municipality on the subdivision plat or site plan, the municipal
Governing Body shall be deemed, upon the release of any performance
guarantee required pursuant to paragraph c5(a) of this subsection,
to accept dedication for public use of streets or roads and any other
improvements made thereon according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have received final approval by the Municipal
Engineer.
6.
Maintenance Guarantees - Limitations. A municipality shall not require
that a maintenance guarantee required pursuant to section 41 of P.L.
1975, c.291 (N.J.S.A. 40:55D-53) be in cash or that more than 10%
of a performance guarantee pursuant to that section be in cash. A
developer may, however, provide at his option some or all of a maintenance
guarantee in cash, or more than 10% of a performance guarantee in
cash.
7.
Performance Guarantee - Acceptance. The approving authority shall,
for the purposes of section 41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53),
accept a performance guarantee or maintenance guarantee which is an
irrevocable letter of credit if it:
(a)
Constitutes an unconditional payment obligation of the issuer
running solely to the municipality for an express initial period of
time in the amount determined pursuant to section 41 of P.L. 1975,
c.291 (N.J.S.A. 40:55D-53);
(b)
Is issued by a banking or savings institution authorized to
do and doing business in this State;
(c)
Is for a period of time at least one year; and
(d)
Permits the municipality to draw upon the letter of credit if
the obligor fails to furnish another letter of credit which complies
with the provisions of this subsection 30 days or more in advance
of the expiration date of the letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
[1971 Code § 2-15A.5]
b.
Oaths. The officer presiding at the hearings or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, C. 1938, N.J.S.A. 2A:67A-1 et seq., shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross-examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recordings in lieu
thereof on request to any interested party at his expense.
[1971 Code § 2-15A.6; Ord. No.
2013-78 § 1, 2]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in a newspaper of general
circulation in the Township at least 10 days prior to the date of
the hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate located within 200 feet in all directions
of the property which is the subject of such hearing and whether located
within or without the municipality in which the applicant's land is
located. Such notice shall be given by serving a copy thereof on the
owner as shown on the current tax duplicate or his agent in charge
of the property by mailing a copy thereof by certified mail to the
property owner at his address as shown on the current tax duplicate.
A return receipt is not required. Notice to a partnership owner may
be made by service upon any partner. Notice to a corporate owner may
be made by service upon its president, a vice-president, a secretary
or other person authorized by appointment or by law to accept service
on behalf of the corporation.
c.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of the
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph 2-36.6b to the owners of lands in
such adjoining municipality which are located within 200 feet of the
subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing of an application for
development of property adjacent to a state highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Secretary to the Planning Board or Secretary to the Zoning
Board of Adjustment pursuant to N.J.S.A. 40:55D-10b.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
i.
The form of notice shall be as follows: All notices required to be given pursuant to the terms of sections 2-34 through 2-36 of this revision shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers, as shown on the current tax duplicate in the municipal tax assessor's office, and the location and times at which any maps and documents for which approval is sought are available as required by law.
[1971 Code § 2-15A.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Zoning
Officer of the Township shall within seven days after receipt of a
request therefor and upon receipt of payment of a fee of $10, make
and certify a list from the current tax duplicate of names and addresses
of owners to whom the applicant is required to give notice pursuant
to paragraph 2-36.6b of this Revision.
[1971 Code § 2-15A.8]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the board of such service. A copy of the decision
shall also be filed in the Office of the Township Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Township.
[1971 Code § 2-15A.9]
A brief notice of every final decision shall be published in
a newspaper of general circulation in the Township. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, and the costs of publication
shall be paid for by the applicant. Such notice shall be sent to a
newspaper of general circulation in the Township within 10 days of
the date of any such decision.
[1971 Code § 2-15A.10]
Pursuant to the provisions of N.J.S.A. 40:55D-65, every application
for development submitted to the Planning Board or Zoning Board of
Adjustment shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application; or if it is shown that taxes or
assessments are delinquent on such property, any approvals or other
relief granted by either Board shall be conditioned upon either the
prompt payment of such taxes or assessments or the making of adequate
provision for the payment thereof in such manner that the Township
will be adequately protected.
[1971 Code § 2-15A.11]
a.
A detention basin shall be required for the development of any for-sale,
multi-family development. The detention basin shall be a part of a
common open space owned by an owners' association which must be constituted
in order for final approval to be granted prior to the release of
any performance guarantees. No maintenance responsibility or otherwise
shall inure to the Township of Lakewood with regard to the detention
basin. This class of detention basin shall be contained within a lot
to be designated as a drainage easement which shall be deeded to the
owners' association by the developer. No portion of the detention
basin shall be included in any required lot area.
b.
The developer shall enter into an agreement with the Township of
Lakewood for the maintenance of the stormwater management facility.
Responsibility for the maintenance of the stormwater management facility
shall reside in the developer until such time as an owners' association
is formed. Upon the formation of an owners' association, responsibility
for maintenance of the lot containing the detention basin shall reside
with the owners' association. The maintenance agreement shall remain
in full force and effect regardless of the Township's release of the
project's performance guarantees as provided to the Township by the
developer at the commencement of the project.
[1971 Code § 2-15A.12]
If any section, subsection or paragraph of this section is declared
to be unconstitutional, invalid or inoperative, in whole or in part,
by a court of competent jurisdiction, such section, subsection, or
paragraph shall, to the extent that it is not unconstitutional, invalid,
or inoperative, remain in full force and effect and no such determination
shall be deemed in full force and effect and no such determination
shall be deemed to invalidate the remaining sections, subsections,
or paragraphs of this section. All other portions of this ordinance
and chapter shall remain in full force and effect except to the extent
modified herein.
[1971 Code § 2-15B; Ord. No. 2002-54 § 1
a.
Appeals to Zoning Board of Adjustment. An appeal to the Zoning Board
of Adjustment may be taken by any interested party affected by any
decision of the administrative officer of the Township based on or
made in the enforcement of the zoning ordinance, or official map.
Such appeal shall be taken within 65 days by filing a notice of appeal
in the manner set forth in paragraph 2-35.7a of this Revision, and
in accordance with the provisions of N.J.S.A. 40:55D-69.76.
[1971 Code § 2-15C]
a.
Definitions of Terms. Whenever a term is used in section 2-34 through 2-36 of this Revision which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in that statute, unless a contrary intention is clearly expressed from the context of sections 2-34 through 2-36.
b.
Repeals. All sections of the land subdivision ordinance, the zoning ordinance, the site plan review ordinance or any other ordinance of the Township which contains provisions contrary to the provisions of sections 2-34 through 2-36 shall be and are hereby, to the extent of such inconsistency, hereby repealed.
c.
Ordinances Continued. Pursuant to the provisions of N.J.S.A. 40:55D-90
and N.J.S.A. 40:55D-62a, the substantive provisions of the existing
land subdivision ordinance, zoning ordinance and site plan review
ordinance of the Township and the development regulations set forth
therein shall continue in full force and effect until February 1,
1978, as an interim zoning ordinance or until the adoption by the
Township of substantially revised development regulations pursuant
to the provisions of N.J.S.A. 40:55D-1 et seq.
d.
Pending Applications. All applications for development filed prior to December 23, 1976 may be continued but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 2-36 of this Revision.
g.
Copy to be Filed with County Planning Board. Immediately upon adoption of section 2-34 through 2-36, the Township Clerk shall file a copy thereof with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Township relating to land use, such as the subdivision, zoning and site plan review ordinances.
[1]
Editor's Note: The complete Revised General Ordinances of
the Board of Health of the Township of Lakewood are codified at the
end of this volume.
[1971 Code § 2-17.1; New]
There shall be a Board of Health in the Township which shall
consist of seven members composed as follows:
Five members to be appointed by resolution of the Township Committee
to serve terms of four years;
Two members to be appointed by resolution of the Township Committee
to serve for a term of four years, one to serve as Secretary, in addition
to his regular duties as a member of the Board, one to be a medical
doctor of the State of New Jersey. The Board members shall select
the member to act as Secretary.
[1971 Code § 2-17.2]
All terms shall begin on January 1st of the year in which the
member is appointed.
[1971 Code § 2-7.3]
The Secretary may be compensated for his duties as Secretary
and such compensation shall be provided for in the resolution of appointment.
[1971 Code § 2-17.4]
The Board of Health shall have the power and authority to adopt
ordinances relating to the protection of the health of the Township
residents, shall employ necessary personnel and fix their salaries,
and shall have under its jurisdiction the Bureau of Vital Statistics
of the Township, the Health Officer and any other employee necessary
to carry out its duties. The Board of Health shall have all the jurisdiction
conferred upon Boards of Health by Title 26 of the New Jersey Statutes.
[1971 Code § 2-18.1]
The Industrial Commission of the Township of Lakewood is hereby
established. The Industrial Commission shall consist of seven members
and shall be a body corporate.
[1971 Code § 2-18.2]
The members of the Industrial Commission shall be appointed
by the Mayor. Each member shall be, for the last five years preceding
his appointment, a citizen of the United States and a qualified voter
of the State of New Jersey. Members shall be appointed for a term
of five years. Vacancies in the membership of the Commission, occurring
for whatever cause, shall be promptly filled by appointment by the
Mayor for the unexpired term thereof. Members shall serve for their
respective terms and until their successors are appointed and qualify.
[1971 Code § 2-18.3; Ord. No. 2001-56]
Each member shall be chosen with a special view to his qualifications
and fitness for service on the Commission. He shall have had experience
in industry or commerce and shall be conversant with the industrial
needs and facilities of his Commission's Municipality.
A member of the governing body of the Municipality shall not
be appointed as a member of the Commission.
There shall be appointed upon said Commission, unless local
conditions shall otherwise require, one representative of industry
or commerce; a representative of labor; a representative of the clearinghouse
of banks of said Municipality; a representative of the Chamber of
Commerce; a representative of the service clubs of such Municipality;
a representative of the legal profession; and a representative of
a recognized real estate dealers' association.
No member, officer or employee of the Commission shall be interested
directly or indirectly in any contracts for work or materials used
by the Commission or in any sales, leases or agreements in connection
with lands, buildings or other property owned or controlled by it,
or in any fees or compensation of any kind paid to any broker, architect,
engineer, merchant or other person doing business with the Commission,
or in any other transaction of or with the Commission or the benefits
or profits thereof.
[1971 Code § 2-18.4]
Before assuming office, each member and officer of the Commission
shall take and subscribe an oath that he will faithfully and impartially
discharge the duties of his office.
[1971 Code § 2-18.5]
The members and officers of the Commission shall serve without
compensation but each shall receive his actual disbursements for expenses
for performing his duties.
[1971 Code § 2-18.6]
The members of the Commission shall choose annually from among
its members, a Chairman or President and any other officers as it
may deem necessary. The Mayor shall be ex officio a member.
[1971 Code § 2-18.7]
A majority of the members shall constitute a quorum of the Board.
[1971 Code § 2-18.8; Ord. No. 2019-4]
Insofar as may be practicable, the employees and assistants
required by the Commission shall be recruited from the public officers
and employees of the Township. The Commission shall appoint an attorney
to provide legal services to the Commission. The Township Engineer
shall be the engineer of the Commission and the several departments
of the Township Government shall be available to the Commission for
the purposes of the Commission's business. Township employees serving
the Commission shall do so without compensation other than their regular
compensation as employees of the Township. The Commission shall make
known to the Mayor its needs in the nature of services by employees,
and the Mayor shall designate which of the employees, if any, shall
render this service.
[1971 Code § 2-18.9]
The Commission shall have and maintain a suitable office where
its maps, plans, documents, records and accounts shall be kept, subject
to public inspection at such times and under such reasonable regulations
as the Commission shall determine. If practicable, existing office
facilities of the Township shall be used by the Commission without
charge by the Township, and wherever possible the office and similar
equipment of the Township shall be used by and be made available for
the use of the Commission without charge.
[1971 Code § 2-18.10]
To effectuate its purposes, the Commission shall have the following
powers:
a.
To sue and be sued.
b.
To adopt and use an official seal.
c.
To adopt suitable bylaws for the management of its affairs.
d.
To determine the qualifications and duties of its employees, and
to fix their compensation subject to the foregoing provisions hereof.
e.
To enter into contracts.
f.
The Commission shall have no power to place the credit of the Township
or to create any debt against the Township, or in any manner act as
the agent of the Township or of the State of New Jersey.
g.
All of the powers set forth in N.J.S.A. 40:55B-1, et seq., as amended
and supplemented, are incorporated in this section by reference and
are granted to the Industrial Commission.
[1971 Code § 2-19.1]
A Commission is hereby established consisting of five residents
of the Township to be known as the Shade Tree Commission of the Township,
pursuant to the terms and provisions of an Act of the Legislature
of the State of New Jersey entitled "An act providing for the regulating,
planting, care and control of shade trees and shrubbery upon the public
highways and in municipal parks, and for the care, control and improvement
of these parks, authorizing the continuance of existing shade tree
commissions, and prescribing their powers and duties," (Revision of
1915) approved April 14, 1915, and the amendments and supplements
thereto.
[1971 Code § 2-19.2]
The members of the Shade Tree Commission shall be appointed
by the Mayor for terms of five years beginning on January 1 next succeeding
their appointment. Appointments to fill vacancies shall be made for
the unexpired term only.
[1971 Code § 2-19.3]
The Commission shall have and exercise full, sole and exclusive
control over the regulation, planting and care of shade and ornamental
trees and shrubbery in and upon any public highway, park or parkway
of the Township except State or County highways, parks or parkways,
and shall have such other powers as may be vested in the Commission
under the laws of the State of New Jersey.
[1971 Code § 2-20.1]
Pursuant to N.J.S.A. 55:14A-4, a body corporate and politic
to be known as the Housing Authority of the Township is hereby established.
[1971 Code § 2-20.2]
The Authority shall consist of seven members who shall be appointed
and hold office for the terms as hereinafter provided. The Township
Committee shall appoint five Commissioners of the Authority and the
Mayor shall appoint one Commissioner. Commissioners shall be appointed
to hold office for a term of five years, and until their respective
successors are appointed and have qualified, except that all vacancies
shall be filled for the unexpired term.
[1971 Code § 2-20.3]
The Director shall mean the Executive Officer of the Public
Housing Development Authority in the State Department of Community
Affairs as provided by N.J.S.A. 55:14A-3. On receipt of notification
of the creation of the Housing Authority, the Director shall appoint
one member thereof who shall hold office at his pleasure.
[1971 Code § 2-20.4]
The Authority is hereby constituted an agency and instrumentality
of the Township as provided by law and statute in such case made and
provided.
[1971 Code § 2-20.5]
a.
Findings. There exist in the Township of Lakewood blighted areas,
or areas in the process of becoming blighted, which impair economic
values and tax revenues, cause an increase in and spread of disease
and crime, and constitute a menace to the health, safety, morals and
welfare of the residents of the Township. These conditions necessitate
excessive and disproportionate expenditures of public funds for crime
prevention and punishment, public health and safety, fire and accident
protection and other public services and facilities. The clearance,
replanning and preparation for rebuilding of the aforesaid areas,
and the prevention and reduction of blight and its causes, are public
uses and purposes for which public money may be spent and private
property acquired by eminent domain or otherwise, and are governmental
functions. Redevelopment activities will stimulate more residential
construction, the production of better housing and more desirable
neighborhood and community development at lower costs, and it is necessary
in the public interest that preparation for such projects be made.
Pursuant to the provisions of Chapter 300, Laws of 1949, the
Housing Authority of the Township is authorized to carry out redevelopment
projects as defined in the law, and to have all the rights, powers,
privileges and immunities conferred, and to be subject to the limitations
imposed by Chapter 300, Laws of 1949 for this purpose.
b.
Certified Copy. The Township Clerk is authorized and directed to
file a certified copy of this section with the appropriate State agency.
[1971 Code § 2-20A.1]
It is hereby declared that there exists in the Township of Lakewood
an area or areas particularly in the Central Business areas of the
Township that have become blighted or are in the process of becoming
blighted by reason of hazard, unsafe, unsanitary, dilapidated, or
overcrowded condition of the buildings therein, or by reason of prior
inadequate planning of the area, or excessive land coverage, or the
lack of proper light and area or deleterious land use, or the unsound
subdivision plotting and street and road mapping, or obsolete layout,
or a combination of these factors; that such areas have been and will
continue to be harmful to the physical, social, and economic well
being of the Township of Lakewood, necessitating excessive and disproportionate
expenditure of public funds for crime prevention and punishment, for
the extension of costly municipal facilities such as parking, drainage,
and the like, for safe guarding of the health, safety, morals and
welfare of the citizens of the Township; that the acquisition, clearance,
planning, reconstruction and redevelopment of such areas will promote
the public health, safety, morals, and welfare, and economic well
being of the community, and stimulate the proper growth of urban dwelling
and business in properly planned direction consistent with present
day requirements for adequate environment thereby preserving existing
values and maintaining taxable values of property within or contiguous
to such areas and encourage the sound growth of the community.
As a matter of legislative determination by the Township Committee
it is hereby declared to be the policy of the Township to promote
the health, safety, morals and welfare by the creation of an agency
to be known as the "Lakewood Redevelopment Agency," which is an agency
of the Township created for the public purpose of acquiring and replanning
such area of the Township as may be directed by the Township Committee
and of holding, redeveloping or disposing of such area in such manner
as directed so that the area shall become available for economically
and socially sound development by private or public enterprise or
by a combination of both.
[1971 Code § 2-20A.2]
There is hereby created and designated for the reasons above
set forth an Agency pursuant to N.J.S.A. 40:55C-1, et seq., to be
known as the Lakewood Redevelopment Agency. Such agency shall be an
instrumentality of the Township of Lakewood, and shall consist of
five members who are appointed by the Township Committee. Each Commissioner
shall be appointed as aforesaid for a term of five years, and until
his successor is appointed and has qualified. Any vacancy occurring
in the Office of Commissioner, for any cause, shall be filled in the
same manner as the original appointment, but for the unexpired term
only.
In addition to the Commissioners above mentioned the agency
shall include one additional Commissioner who shall be appointed by
the Commissioner of Conservation and Economic Development subject
to the approval of the State Housing Council, who shall hold office
for a term of five years and until his successor is appointed and
has qualified and who shall be entitled to vote as a Commissioner
of the Agency and to all other privileges as such Commissioner. Any
such additional Commissioner may be removed from office by the Commissioner
of Conservation and Economic Development for inefficiency or neglected
duty or misconduct in office, after public hearing, at which he shall
be afforded an opportunity to be heard, either in person or by counsel,
and at least 10 days prior to the holding of which he shall be served
with a copy of the charges. Any vacancy occurring in the Office of
such additional Commissioner from any cause shall be filled in the
same manner as the original appointment, but for the unexpired term
only.
No Commissioner of any Agency may be an officer or employee
of the two except that the Township Committee may authorize one member
of the Planning Board and one member of the Local Housing Authority
to accept appointment as a Commissioner of the Agency. A certificate
of the appointment of reappointment of any Commissioner shall be filed
with the Clerk and such certificate shall be conclusive evidence of
the due and proper appointment of such Commissioner. A Commissioner
shall receive no compensation for his services but he shall be entitled
to his necessary expenses, including traveling expenses, incurred
in the discharge of his duties. The powers of each Agency shall be
vested in the Commissioners thereof in office. A majority of all member
appointed and qualified shall constitute a quorum of the Agency for
the purpose of conducting its business and exercising its powers.
Action may be taken by the Agency upon a vote of the majority of the
Commissioners present, unless in any case the bylaws of the Agency
shall require a larger number. The Agency shall select a Chairman
and a Vice-chairman from among its Commissioners and it may employ
a Secretary (who shall be Executive Director), technical experts and
such other officers, agents and employees, permanent and temporary,
as it may require, and shall determine their qualifications, duties
and compensation. For such legal services as it may require, the Agency
may call upon the Township Attorney or may employ its own counsel
and legal staff. The Agency may delegate to one or more of its agents
or employees such powers and duties as it may deem proper, to be exercised
under its supervision and control. No Commissioner or employee of
the Agency shall acquire any interest, direct or indirect, in any
project, redevelopment area nor shall be have any interest, direct
or indirect, in any contract or proposed contract for materials or
services or in any property to be furnished or used in connection
with any project or redevelopment area. If any Commissioner or employee
of an Agency owns or controls an interest, direct or indirect, in
any property included or planned to be included in a project or redevelopment
area or in any contract or proposed contract he shall immediately
disclose the same in writing to the Agency and such disclosure shall
be entered upon its minutes. Failure to so disclose such interest
shall constitute misconduct in office. Upon such disclosure such Commissioner
or employee shall not participate in any action by the Agency affecting
such property or contract. For inefficiency or neglect of duty or
misconduct in office, a Commissioner may be removed by the Township
Committee, provided that he is served with a copy of the charges at
least 10 days prior to a public hearing thereon and is afforded an
opportunity to be heard at such hearing, in person or by counsel.
In the event of the removal of any Commissioner, a record of the proceedings,
together with the charges and findings thereon shall be filed in the
Office of the Township Clerk.
[1971 Code § 2-20A.3]
At any time two years after July 9, 1970, the Township, may,
by ordinance, dissolve such Agency, provided the Agency has not undertaken,
contracted for or proceeded with the clearance, replanting, development
or redevelopment of a blighted area in accordance with a redevelopment
plan; however, such ordinance shall in any case provide that all obligations,
if any, of the Agency shall be assumed by the Township.
Upon the adoption of an ordinance of dissolution, the offices
of the members of the Agency shall be vacated and the capacity of
the Agency to transact business or exercise any power shall cease.
[1971 Code § 2-20A.4]
The Lakewood Redevelopment Agency is authorized to carry out
such redevelopment projects as may be designated by the Township Committee
and in so doing shall have all of the rights, powers, privileges and
immunities conferred, and is to be subject to the limitations set
forth in N.J.S.A. 40:55C-1 through 40:55C-39 inclusive, as well as
any amendments or supplements thereto.
There shall be a Council on Emergency Management pursuant to
Chapter 438 of the 1956 Laws of New Jersey, N.J.S.A. App. A:9-41,
and a Director thereof. The Department of Police and all departments
of the Township government shall cooperate with and assist the Council
as required.
[1971 Code § 2-24.1]
The Township finds that it is in the public interest and policy
of the State of New Jersey to foster and promote by all reasonable
means the provision and distribution of an adequate supply of water
for the public and private uses of counties and municipalities and
their inhabitants and the relief of waters in or bordering the State
from pollution and, thus the reduction and ultimate abatement of the
menace to the public health resulting from such pollution.
[1971 Code § 2-24.2]
Pursuant to the Municipal Utilities Authorities Law, constituting Chapter 183 of the Laws of New Jersey of 1957 (Chapter 14 B of Title 40 of the Revised Statutes of New Jersey) there is hereby created and established a public body corporate and politic, as an agency and instrumentality of the Township under the corporate name and title of "The Lakewood Township Municipal Utilities Authority." The Municipal Utilities Authority shall, within the territorial boundaries of the Township, have and may exercise all or any of the powers provided for in and conferred upon municipal utilities authorities by the Municipal Utilities Authorities Law.
[1971 Code § 2-24.3]
The Municipal Utilities Authority shall consist of five members
and not more than two alternate members who shall be appointed by
resolution of the Township Committee. The members first appointed
shall be the resolution of appointment be designated to serve for
terms respectively expiring on the first days of the first, second,
third, fourth and fifth Februaries next ensuing after the date of
appointment. On or about January 1 annually one person shall be appointed
as a member of the Municipal Utilities Authority to serve for a term
commencing on February 1 in such year and expiring on February 1,
in the fifth year after such year. In the event of a vacancy of the
member of the Municipal Utilities Authority occurring during an unexpired
term of office, a person shall be appointed as a member of the Municipal
Utilities Authority to serve for such unexpired term. The term of
each alternate member shall be five years commencing on February 1
of the year of appointment; provided, however, that in the event two
alternate members are appointed, their initial terms shall be four
and five years respectively. Alternate members shall be designated
at the time of appointment by the authority appointing them as "Alternate
No. 1" and "Alternate No. 2." The terms of the first alternate members
appointed shall commence on the day of their appointment and shall
expire on the fourth or fifth, January 31, next ensuing after the
date of their appointments as the case may be. Alternate members may
participate in discussions of the proceedings but may not vote except
in the absence or disqualification of a regular member. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote. A copy
of each resolution appointing a member of the Municipal Utilities
Authority, duly certified by the appropriate officer of the authority,
shall be filed in the Office of the Secretary of State of New Jersey.
[1971 Code § 2-24.4]
Each member shall hold office for the term for which he was
appointed and until his successor has been appointed and has qualified.
A member may be removed only by the Township Committee and only for
inefficiency or neglect of duty or misconduct in office and after
he shall have been given a copy of the charges against him and, not
sooner than 10 days thereafter, had opportunity in person or by counsel
to be heard thereon by the Township Committee.
[1971 Code § 2-24.5]
The powers shall be vested in the members thereof in office.
A majority of the entire authorized membership of the Municipal Utilities
Authority shall constitute a quorum at any meeting thereof. Action
may be taken and motions and resolutions adopted by vote of a majority
of the members present, unless the bylaws of the Municipal Utilities
Authority require a larger number.
[1971 Code § 2-24.6]
No member, officer or employee shall have or acquire any interest,
directly or indirectly in the utility system or in any property included
or planned to be included in the utility system or in any contract
or proposed contract for materials or services to be furnished to
or used by the Municipal Utilities Authority. Neither the holding
of any office or employment in the government of any County or municipality
or under any Law of the State nor the owning of any property within
the State shall be deemed a disqualification for membership in or
employment by the Municipal Utilities Authority and members of the
Township Committee may be appointed and may serve as members of the
Municipal Utilities Authority.
[1971 Code § 2-24.7]
The Municipal Utilities Authority upon the first appointment
of its members and thereafter on or after February 1 shall annually
elect from among its members a Chairman and a Vice-chairman who shall
hold office until February 1 next ensuing and until their respective
successors have been appointed and have qualified. The Municipal Utilities
Authority may also appoint and employ, without regard to the provisions
of Title 11 of the New Jersey Statutes Annotated, a Secretary, an
Executive Director and a Chief Engineer and it shall determine their
qualifications, terms of office, duties and compensation. The Municipal
Utilities Authority may also appoint and employ such other agents
and employees as it may require and determine their duties and compensation.
[1971 Code § 2-24.8; New; Ord.
No. 2004-3 § 1; Ord. No.
2005-31 § 1; 1-13-2022 by Ord. No. 2022-1]
Members of the Municipal Utilities Authority shall be compensated
for the performance of their duties commencing February 1, 2022, as
follows:
a.
Chairman - $15,000 annual salary.
b.
All other members - $15,000 annual salary.
|
These salaries are to be paid from the fees collected by the
Municipal Utilities Authority.
|
|
Members of the Municipal Utilities Authority shall be reimbursed
for necessary expenses incurred in the discharge of their duties;
provided, that in the event that any member of the Authority shall
also be employed as an Officer or Agent of the Authority, then such
member shall also receive such additional compensation for his services
as such Officer or Agent as shall be hereafter determined by resolution
of the Authority.
|
[1971 Code § 2-25.1]
There is hereby created an Environmental Commission within the
Township for the protection, development or use of the natural resources
located within the territorial limits of the Township pursuant to
the provisions of N.J.S.A. 40:56A-1.
[1971 Code § 2-25.2]
The Mayor in his discretion shall appoint the members of the
Environmental Commission. There shall be seven members, all of whom
are citizens and residents of the Township and one of whom shall also
be a member of the Municipal Planning Board. All appointments shall
be for a term of three years and vacancies shall be filled for the
unexpired term only, in the same manner as an original appointment.
The members shall receive no compensation for their services.
[Ord. No. 99-40 § 1]
The Mayor may appoint two alternate members. Alternate members
shall be designated at the time of appointment by the Mayor as Alternate
No. 1 and Alternate No. 2. The terms of the alternate members shall
be for two years, except that the terms of the alternate members first
appointed shall be two years for Alternate No. 1 and one year for
Alternate No. 2 so that the term of not more than one alternate member
shall expire in any one year. A vacancy occurring otherwise than by
expiration of term shall be filled by the Mayor for the unexpired
term only. An alternate member shall not be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote first.
[1971 Code § 2-25.3]
The Commission shall have the following powers:
a.
Promoting the conservation and development of the natural resources
of the Township.
b.
Planning, implementing and informing the public about local conservation
programs.
c.
Conducting research into the possible use of the open areas of the
Township.
d.
Recommending to the Planning Board, plans and programs for inclusion
in a Municipal Master Plan and the development and use of such open
areas.
e.
Advertising, preparing, printing and distributing books, maps, charts,
plans and pamphlets which, in its judgment, it deems necessary for
its purposes.
f.
Managing donated or purchased lands for conservation purposes and
operating conservation programs.
g.
Acting as the coordinating agency of the community on environmental
matters and a liaison between local/environmental needs and regional,
County, State and Federal agencies ministering to those needs.
[1971 Code § 2-25.4]
The Commission shall compile and keep an index of all open areas,
publicly or privately owned, including open marshlands, swamps, and
other wetlands in order to obtain information on the proper use of
such areas.
[1971 Code § 2-25.5]
The Commission, with the approval of the Township Committee
may acquire property, both real and personal, in the name of the Township,
by gift, purchase, grant, bequest, devise or lease for any of its
purposes, including but not limited to use as living museums, sites
for scientific study, areas for teaching of natural history and conservation,
places of historic or prehistoric interest and scenic beauty and habitat
for rare and endangered plants and animals and shall administer the
same for such purposes subject to the terms of the conveyance or gift.
Such an acquisition may be to acquire the fee or any lesser
interest, development right, easement, covenant or other contractual
right as may be necessary to acquire, maintain, improve, protect,
limit the future use, or otherwise conserve and properly utilize open
spaces and other land and water areas in the Township.
[1971 Code § 2-25.6]
The Environmental Commission shall, subject to approval of the
Township Committee have exclusive control of lands acquired for the
purposes herein stated and may adopt suitable rules and regulations
for the use thereof and the conduct of all persons while on or using
the same.
[1971 Code § 2-25.7]
The Commission shall keep records of its meetings and activities
and shall make an annual report on or before December 1 and submit
the same to the Township Committee. This report shall be comprehensive
and detailed covering operations, receipts, disbursements and expenditures
for the full year.
[1971 Code § 2-25.8]
The Mayor shall designate one of the members to serve as Chairman
and Presiding Officer of the Commission. The Commission is authorized
to adopt bylaws governing its procedural operation.
[1971 Code § 2-25.9]
The Mayor or the Township Committee may remove any member of
the Commission for cause, on written charges served upon the member
and after a hearing thereon at which the member shall be entitled
to be heard in person or by counsel.
[1971 Code § 2-25.10]
The Township Committee shall annually fix, determine and appropriate
a sum sufficient for the care, custody, policing and maintenance of
such lands acquired for the uses and purposes herein stated, and for
the expenses of the Commission, which shall be raised by taxation
in the same manner as other taxes.
[1971 Code § 2-25.11]
The Commission may appoint a secretary or clerk and such number
of custodians, supervisors and assistants for the lands acquired for
the uses and purposes herein mentioned as they shall think necessary,
but the salaries of all such clerks, custodians, supervisors and assistants
shall be fixed and determined by the Township Committee and, in addition
thereto, the total salaries of all such persons shall be within the
limits of funds appropriated to the Commission.
[Ord. No. 2001-70]
a.
The purpose of this subsection is to ensure that environmental review
and protection will be afforded to all applications for development
within the Township of Lakewood.
b.
Pursuant to N.J.S.A. 40:56A-1, the Township of Lakewood has established
an Environmental Commission.
c.
All applications for development before the Planning Board or the
Zoning Board of Adjustment must be submitted at the same time to the
Township Environmental Commission for review.
d.
The application shall contain a brief summary of the description
of the development or project before the Planning Board or Zoning
Board of Adjustment.
e.
The Environmental Commission shall review any application before
the Planning Board or Zoning Board of Adjustment and make recommendations
that would impact the environment including but not limited to open
space preservation, water resources management, air pollution control,
solid waste management, noise control, soil and landscape protection,
environmental appearance, marine resources and protection of flora
and fauna.
f.
The Environmental Commission shall submit its recommendation to the
Planning Board or the Zoning Board of Adjustment as soon as possible
and no application shall be delayed within the time period allowed
for approval for the failure of the Environmental Commission to act.
[1971 Code § 2-26.1]
There is hereby created the Township of Lakewood Rent Control
Board hereinafter referred to as Board, consisting of seven members.
Members shall be appointed by the Township Committee and shall serve
without compensation.
[1971 Code § 2-26.2]
Two members shall be appointed from tenants residing in the
Township; two members shall be appointed from landlords owning residential
rented property within the Township or from officers, directors, stockholders,
partners or agents of any corporation, partnership or joint venture
owning residential rented property within the Township; and three
members shall be appointed from residents within the Township who
are neither a landlord nor a tenant.
[1971 Code § 2-26.3]
Each member of the Board shall serve for a period of one year.
[1971 Code § 2-26.4]
Two alternate members may be appointed by the Township Committee
to the Board for a term of one year and shall vote on matters before
the Board only in the absence or disqualification of regular members.
[1971 Code § 2-26.5]
No member or alternate member shall be permitted to act on any
matter in which he or she has, either directly or indirectly, any
personal or financial interests.
[1971 Code § 2-26.6]
A member may be removed by the Governing Body for good cause
provided a public hearing is held if so requested.
[1971 Code § 2-26.7]
If any vacancy shall occur, it shall be filled by appointment
as above provided for the unexpired term.
[1971 Code § 2-26.8]
A majority of the whole number of regular members of the Board
shall constitute a quorum. If a quorum is not present 1/2 hour after
the designated time for any meeting, the Chairman or Presiding Officer
may declare the meeting adjourned. No decision shall be rendered by
the Board without the affirmative vote of the majority of the quorum.
[1971 Code § 2-26.9]
Regular members of the Boars shall annually choose a Chairman
and Vice-chairman to preside over all meetings of the Board. In the
absence of both the Chairman and Vice-chairman, the majority of the
quorum shall appoint a Chairman Pro Tem from the members present.
[1971 Code § 2-26.10]
The Rent Control Board shall have and exercise, in addition
to other powers granted herein, all the powers necessary and appropriate
to carry out and execute the purposes of the Rent Control regulations,
including but not limited to, the power:
a.
To adopt bylaws governing its procedural operation.
b.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of the Rent Control regulations,
including all necessary statistical information of the consumer price
index and computation of proper rental increases and tax and service
surcharges;
d.
To accept complaints from tenants of illegal rental increases.
e.
To accept applications from landlords who are seeking rental increase
based on hardship, unusual expenses, tax surcharge or other circumstances
under which said increase might be allowed after a hearing.
f.
To reduce rents based on landlord's breach of covenants in lease
or implied covenants, such as habitability.
g.
To adjust rents based on landlord's subsequent change in position
caused by law or economic conditions.
h.
To review applications and investigate complaints if necessary prior
to rendering final decisions in any case.
[1971 Code § 2-26.11]
The Board shall hold a hearing on each application or complaint
properly presented to it.
a.
The presiding officer or such person as may be designated by the
presiding officer shall have the power to administer oaths and issue
subpoenas, to compel the attendance of witnesses and production of
relevant evidence, including witnesses and documents presented by
the parties. The provisions of the "County and Municipal Investigations
Law," N.J.S.A. 2A:67A-1 et seq. shall apply.
b.
The testimony of all witnesses shall be taken under oath or affirmation
by the presiding officer or such person as he shall designate, and
the right of cross-examination shall be permitted to all interested
parties, subject to the discretion of the presiding officer and to
reasonable limitations as to time and number of witnesses.
c.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
d.
The Board shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. The Board
shall furnish a transcript, or duplicate recording in lieu thereof,
on request to any interested party at no cost or a reasonable cost
if the Board so decides.
e.
Each decision shall be in writing and incorporated within or attached
to a written resolution of the Board. The decision shall include findings
of fact and conclusions based thereon.
[1971 Code § 2-26.12]
Insofar as may be practicable, the employees and assistants
required by the Board shall be recruited from the public officers
and employees of the Township. From time to time the Board shall make
known to the Township Committee its wants in the nature of services
by employees and the Township Committee shall designate which of the
employees, if any, shall render this service.
[1971 Code § 2-26.13]
No member of the Board or alternate shall be allowed to vote
on a case for which that member has not been present for the full
hearing or hearing concerning the case unless the member testifies
under oath that he or she has listened to a verbatim recording of
the case or read a verbatim transcript of same prior to voting thereon.
[1971 Code § 2-26.14]
Both landlords and tenants may appeal the decision of the Board
to a court of competent jurisdiction according to law.
[1971 Code § 2-26.17]
It is expressly recognized and therefore the intent of this
section that landlords are entitled to fair and efficient administrative
relief upon filing and application for a rental increase.
a.
Hearing Procedure; Time Requirements; Prehearing Conference. Within
15 days after the receipt of a properly filed and completed application
for a rental increase, the Attorney for the Rent Control Board may
schedule a prehearing conference which may include the landlord, tenants
and/or their representatives, for the purpose of ascertaining facts,
specifying issues in dispute, providing names and reports of expert
witnesses, establishing stipulated facts, and determining whether
the application is complete.
The Rent Control Board shall, within 30 days of the prehearing
conference, or within 45 days of the receipt of a properly filed and
completed application for a rental increase, schedule a hearing for
the application.
The Rent Control Board shall, within 60 days following the proper
filing of a completed application for a rental increase, render a
decision on the application.
If, due to no fault of the landlord, the Rent Control Board
does not render a decision on a properly filed and completed application
for a rental increase within 60 days of receipt of same, the landlord
shall be entitled to have any rental increase granted on the application,
applied retroactively to the first rental payment period 30 days after
the filing of the application.
[Ord. No. 98-55 § 2]
To provide services for and improve the lifestyles of those
with handicaps and disabilities.
[Ord. No. 98-55 § 2]
The Director of Public Works shall serve as the ADA Compliance
Officer.
[Ord. No. 98-55 § 2; Ord. No. 2008-10 § 1]
There shall be nine members on the Committee who shall be appointed
by the Mayor and serve without remuneration as follows:
Two members, each for a one year term.
Five members, each for a two year term.
Two members, each for a three year term.
Three alternate members, each for a one year term.
All terms commence January 1st of each year.
[Ord. No. 98-55 § 2]
The Chairperson shall be appointed by the Mayor and serve for
a one year term, or until his successor is appointed.
[Ord. No. 98-55 § 2]
The Committee shall meet from time to time and shall oversee
activities and policies of the Township with regard to those with
handicaps and disabilities. It shall advise the Township Committee
to ensure that there is compliance with the Americans with Disabilities
Act and all Federal, State and local laws, rules and regulations for
those with handicaps and disabilities. The Committee shall make recommendations
to the Township Committee that it deems appropriate for the welfare
of those with handicaps and disabilities.
[Ord. No. 2009-29 § 1]
The LTAA, created by the Township by Ordinance 2002-35 finally
adopted September 5, 2002, be and the same is hereby dissolved, subject
to the terms and conditions hereof.
[Ord. No. 2009-29 § 2]
Upon the effective date of the dissolution as set forth in subsection 2-51.5 of this section, all real and personal property, facilities and contracts of the LTAA and all monies and funds held by or for the LTAA shall be deemed transferred to and become the property of the Township. The existing officers of the LTAA are hereby authorized and directed to execute any documents or instruments necessary to transfer legal title to all real property, personal property, facilities, contracts and monies and funds to the Township upon the effective date of the dissolution herein, notwithstanding the dissolution of the LTAA. All documents and records of the LTAA shall be delivered to the Township Clerk prior to the effective date of the dissolution.
[Ord. No. 2009-29 § 3]
Upon the effective date of the dissolution as set forth in subsection 2-51.5 of this section, the Township shall assume all legal obligations of the LTAA, including paying all existing and outstanding creditors and obligees of the LTAA. Pursuant to N.J.S.A. 40A:5A-20, and in accordance with N.J.S.A. 40A:2-1 et seq., the Township shall assume responsibility for and payment of the obligations of the LTAA. The LTAA does not have any outstanding bonds or notes.
[Ord. No. 2009-29 § 4]
Upon the effective date of the dissolution as set forth in subsection 2-51.5 of this section, the Township shall own and operate the Airport previously owned and operated by the LTAA as a municipal airport.
[Ord. No. 2009-29 § 5]
The dissolution of the LTAA shall take effect simultaneously
with the assumption of the obligations of the LTAA, including all
existing and outstanding indebtedness, by the Township, the delegation
to the Township the assumption of the services previously provided
by the LTAA, and the transfer of all funds from the LTAA to the Township.
[Ord. No. 2009-29 § 6]
So as to provide for an orderly transition of the services provided
by the LTAA, Ordinance 2002-35, the ordinance creating the LTAA, is
hereby amended to provide that the LTAA shall not be authorized to
issue or authorize any obligations, to approve or enter into any contracts
or to take any other actions which may impair or affect the Township's
operation of the Airport without the prior consent of the Township
as evidenced by a resolution of the Township Committee; provided,
however, that the LTAA may pay its legally due debt and bills incurred
in the ordinary course without the prior consent of the Township,
and, provided further, that this provision will not affect the LTAA's
obligations under its existing contracts. The LTAA does not have any
outstanding bonds, notes or indebtedness.
[Ord. No. 2009-29 § 7]
The Lakewood Township Committee, the Municipal Manager, the
Chief Financial Officer, the Township Clerk and other employees, as
directed by the Municipal Manager and/or the Township Committee, are
hereby authorized and directed to take any and all steps necessary
to effectuate the purposes of this section. The members of the LTAA,
its officers, employees, and counsel are hereby authorized and directed
to take all steps necessary to effectuate the purposes of this section.
[Ord. No. 2009-29 § 8]
This section shall be submitted to and approved by the Local
Finance Board in the Division of Local Government Services, New Jersey
Department of Community Affairs prior to final adoption in accordance
with the requirements of N.J.S.A. 40A:5A-20 and the final adoption
of this section by the Township shall represent conclusive proof of
the fact that this section has received the approval of the Local
Finance Board and following the final adoption of this section, the
Township Clerk shall immediately file a copy of this section, as finally
adopted, with the Local Finance Board and with the Secretary of State,
all in accordance with N.J.S.A. 40A:5A-20.
[1971 Code § 11A-1]
This section shall be entitled "Township of Lakewood Transportation
Board."
[1971 Code § 11A-2]
There is hereby established a Township of Lakewood Transportation
Board.
[1971 Code §§ 11A-3; 11A-4; Ord. No. § 99-57; Ord.
No. 2009-20 § 1]
The Board shall consist of 10 members and two alternates who
shall all be residents of the Township. All members and alternates
shall be appointed by resolution of the Township Committee. Terms
of appointment for members and alternates shall be for three years.
Vacancies shall be appointed for the unexpired terms.
[1971 Code § 11A-5]
The Board shall be an advisory board with responsibility to
make studies, conduct research, appear at meetings, advocate and promote
the improvement of public and private transportation facilities within
the area and to advise the Township Committee of their recommendations
and studies thereon. The Board shall not have the power to bind the
Township Committee nor to place credit or create any debt against
the Township or in any manner act as agent for the Township other
than in an advisory capacity.
[1971 Code § 11A-7]
The members shall serve without compensation but shall receive
their actual disbursements for all reasonable expenses for performing
their duties when authorized and approved by the Township Committee.
[1971 Code § 11A-8]
The members of the Board shall annually elect one of their members
as Chairman and any other officers it deems necessary to perform their
duties. The election shall be conducted at the annual reorganization
meeting which should be held within the first three calendar months
of each year.
[Ord. No. 98-72 § 1]
There is hereby established the Lakewood Heritage Commission,
hereinafter referred to as the "Heritage Commission."
[Ord. No. 98-72 § 2]
The major objectives of the Heritage Commission will be to collect,
preserve and disseminate historical and cultural information regarding
the heritage of the Township of Lakewood and to promote the public
awareness of the heritage and culture of the Township of Lakewood.
[Ord. No. 98-72 § 3]
The Heritage Commission shall work in cooperation with all Lakewood
agencies to seek Federal, State, County and private financial assistance
to pursue the designation and restoration of historical sites within
the Township and further, to collect and preserve artifacts for the
proposed museum and workshops.
[Ord. No. 98-72 § 4]
The Heritage Commission shall act in an advisory capacity to
the Lakewood Township Committee for all activities heretofore mentioned.
[Ord. No. 98-72 § 5; Ord. No. 2004-27 § 1]
The membership of the Heritage Commission shall consist of 20
regular members and six alternate members with a Chairperson to be
selected by a majority of the voting members at an annual reorganizational
meeting.
[Ord. No. 98-72 § 6; Ord. No. 2004-74 § 1]
Each member shall be appointed by the Mayor and serve without
remuneration for a three year term. The members shall be appointed
in such a manner so that all terms shall not expire in one year. This
also applies to the alternates.
[Ord. No. 98-74 § 1]
There is hereby established the Lakewood Township Commission
on Civil Rights.
[Ord. No. 98-74 § 2]
It is the intention of the Township Committee to ensure that
any person of any race, creed, color, national origin, ancestry, age,
gender or sexual preference, or any person who is physically or mentally
challenged, is granted equal opportunity for employment, accommodations,
advantages, facilities and privileges within the Township without
discrimination.
[Ord. No. 98-74 § 3]
It shall be the responsibility of the Commission on Civil Rights
to promote equal opportunity and eliminate discrimination and bias
because of an individual's race, creed, color, national origin, ancestry,
age, gender or sexual preference, or who is challenged physically
or mentally. The goal of the Commission is to actively encourage,
develop, promote and strengthen respect for human rights and cultural
diversity among the people of Lakewood Township.
[Ord. No. 98-74 § 4]
The Commission on Civil Rights shall meet on a regular basis
and report their progress and recommendations regarding civil rights
within the Township to the Township Committee.
[Ord. No. 98-74 § 5]
The Commission on Civil Rights shall consist of seven members.
Each member of the Commission shall be appointed by the Mayor and
shall serve without remuneration for a four year term. Initial appointments
shall be made in a manner so that all terms shall not expire in one
year, but rather that the terms of not more than two members shall
expire in any given year. Thereafter, all terms shall be for a four
year period.
