The Board shall have the power to review and either approve
or deny conditional uses or plans simultaneously with review for subdivision
approval without the developer being required to make further application
to the Board, or the Board being required to hold further hearings.
The longest time period for action by the Board, whether it be for
subdivision, conditional use or plan approval, shall apply.
A.
Hearings shall be required as part of approval for all applications
for development.
B.
Maps and Documents and Exhibits on File. A complete set of maps,
documents and exhibits shall be on file at the office of the Board
at least 10 days prior to the date of the noticed hearing.
C.
Public Notice of Application.
1.
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of section 37 of P.L.1975, c.291 (C.40:55D-49) and Subsection b of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) minor site plan review, (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50). Notice shall be required for all preliminary major site plan and subdivision applications, for appeals of determinations of administrative officers pursuant to Subsection a of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to Subsection b of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D- 60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township.
2.
Notice of a hearing requiring public notice pursuant to Subsection 1 of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
3.
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, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
4.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection 2 of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection 9 of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed twenty-five ($0.25) cents per name, or $10, whichever is greater, may be charged for such list.
5.
Notice of 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 such municipality.
6.
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 situated within 200 feet of a municipal boundary.
7.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
8.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection b of section 6 of P.L.1975, c.291 (C.40:55D-10).
9.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection a of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
10.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
D.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at their expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to Article III, of decisions by the Zoning Board of Adjustment pursuant to said article, up to a maximum amount as specified by ordinance.
The municipal agency, in furnishing a transcript or tape of
the proceedings to an interested party at his expense, shall not charge
such interested party more than the actual cost of preparing the transcript
or tape. Transcripts shall be certified in writing by the transcriber
to be accurate.
A.
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
1.
A memorializing resolution adopted at a meeting held not later than 45 a days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to Section 5 of the Act (C.40:55D-9) (resulting from failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of P.L. 1975 C.40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
B.
County Planning Board Approval. Whenever review or approval of any
application by the County Planning Board is required, the Board shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or upon County
Planning Board approval by default for failure to report thereon within
the required time period.
C.
Developments Barred by Administrative or Judicial Order. In the event
that a developer submits an application for development proposing
a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any State agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Board shall process such application for development
in accordance with this article, and if such application complies
with the requirements of this article, the Board shall approve such
application conditioned on removal of such legal barrier to development.
D.
Approval by Other Governmental Agencies. In the event that development
proposed by an application for development requires an approval by
a governmental agency other than the Board, the Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Board may recommend that construction
permits be issued consistent with the resolution of approval while
outside agency approval is pending, so long as the applicant proceeds
at their own risk.
E.
Decisions to be furnished to Applicant and Others. A copy of each
decision shall be mailed by the Board, within 10 days after the date
of decision, to the applicant, or if represented then to their attorney,
without separate charge, and to all others upon request for a fee
as noted in this chapter.
F.
Filing in Office of Board Secretary. A copy of each decision shall
also be filed by the Board in the office of the Board Secretary who
shall make a copy of the filed decision available to any interested
party for a fee as noted in this chapter and available for public
inspection at their office during reasonable hours.
G.
Publication. A brief notice of each decision shall be published by
the Board Secretary and the Township may make a reasonable charge
for such publication. The applicant, also, may cause such publication
to be made if they so desires. The time for appeal from the decision
shall run from the first publication, whether made by the Board Secretary
or the applicant.
H.
Time for Decision on Applications to Board for Preliminary Approval of Site Plans and Major Subdivisions. Preliminary approval shall be granted or denied on applications to the Board for a plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Board Secretary except as otherwise provided in §§ 18-702J through M.
I.
Time for Decision on Applications to Board for Minor Subdivision Approval and Final Approval of Plans and Major Subdivisions. Final approval of plans, major subdivisions, and approval of minor subdivisions shall be granted or denied on applications to the Board within 45 days after the date of submission of a complete application to the Board Secretary except as otherwise provided in §§ 18-702J through M.
J.
Time for Decision When Board Reviews Conditional Uses or Plans Simultaneously
with Subdivisions. Whenever the Board reviews conditional uses or
plans simultaneously with subdivisions, the longer or longest period
of time for action in any such case shall apply to all such cases.
K.
Time for Decision When Board Reviews Applications for Subdivision,
Plan or Conditional Use Approval That Includes Request for Variance.
Whenever an application to the Board for approval of a subdivision
plat, plan or conditional use includes a request for a variance pursuant
to N.J.S.A. 40:55D-60, the Board shall grant or deny approval of the
application within 120 days after the date of submission of a certified
complete application to the Board Secretary. In the event that the
developer elects to submit separate consecutive applications, the
aforesaid provision shall apply to the application for approval of
the variance or direction for issuance of a permit. The period for
granting or denying and subsequent approval shall be as otherwise
provided in this chapter.
L.
Time for Decision When Board Reviews Application for Conditional
Use That Includes Request for Plan Approval. Whenever the Board reviews
an application for conditional use that includes a request for plan
approval, the Board shall grant or deny approval of the application
within 95 days after the date of submission of a certified complete
application to the Board Secretary.
M.
Time for Decision When Board of Adjustment Reviews Subdivision, Plan
or Conditional Use in Conjunction With Use Variance. Whenever an application
is made to the Board of Adjustment for subdivision, plan or conditional
use approval in conjunction with the Board's review of a use variance,
the Board of Adjustment shall grant or deny approval of the application
within 120 days after the date of submission of a certified complete
application to the Board Secretary.
N.
Extension of Time for Decision. Any time period for action by the
Board may be extended with the consent of the applicant or appellant.
O.
Failure to Make Decision within Time. The failure of the Board to
act within such time period or extension thereof shall constitute
a decision favorable to the applicant or appellant. A certificate
of the Board Secretary as to such failure shall be issued on request
of the applicant or appellant, and it shall be sufficient in lieu
of written endorsement or other evidence of approval required by this
section and shall be accepted as such by the County Clerk for purposes
of filing subdivision plats.
A.
A corporation, partnership, or limited liability company (LLC) applying
to the Planning Board or the Board of Adjustment for approval to subdivide
a parcel of land or for approval of a site to be used for commercial
or industrial purposes shall be represented by an attorney, and shall
list the names and addresses of all stockholders, members or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
B.
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to § 18-703A, that corporation or partnership shall list the names and addresses of its stockholders or members holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the non-corporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act, have been listed.
D.
Penalty. Any corporation or partnership, which conceals the names
of the stockholders owning 10% or more of its stock, or of the individual
partners owning a 10% or greater interest in the partnership, as the
case may be, shall be subject to a fine of $1,000 to $10,000, which
shall be recovered in the name of the municipality in any court of
record in the State in a summary manner pursuant to "The Penalty Enforcement
Law" (N.J.S.A. 2A:58 1 et seq.).
A.
As a condition of final approval and prior to starting any construction
of the required improvements, the developer must submit final detailed
construction plans to the Township Engineer for their review and approval
and shall pay to the Township Treasurer, by cash or certified check,
the inspection escrow fee which shall be determined by the Township
Municipal Engineer for both private and public improvements.
B.
All of the required public improvements for a development, during
and upon completion of their construction, shall be subject to inspection
and approval by the Township Engineer or Township Planner, who shall
be notified by the developer at least 24-hours prior to the start
of construction. On site private improvements relating to drainage,
landscaping and circulation as shown on an approved final development
plan, shall also be subject to inspection and approval by the Township
Engineer or Township Planner.
C.
No underground installations shall be covered until inspected and
approved by the Township Engineer or the relevant Township construction
sub-code official. At a minimum, the Township Engineer or the relevant
Township construction sub-code official will make the following inspections:
1.
Roadway subgrade prior to placing subbase material and/or bituminous
stabilized base course material.
2.
The bituminous stabilized base course material after complete compaction
and prior to applying bituminous material tack coat for the bituminous
concrete surface course.
3.
Bituminous concrete surface course materials while it is being laid.
4.
Finished bituminous concrete surface course pavement.
5.
Concrete curb and sidewalks, when the forms are laid and the subgrade
is leveled and tamped prior to placing concrete, also during the placing
and finishing of the concrete.
6.
Such inspections as the Township Engineer or the relevant Township
construction sub-code official shall deem necessary of the pipe drains,
inlets, municipal utilities lines and appurtenances, etc. while pipes,
etc. are being laid and prior to backfilling trenches, inlets and
manholes while being constructed.
D.
Approval or reasons for withholding approval for either public or
private improvements shall be given promptly, and in any event within
45 days after inspection. If work proceeds without such approval or
not in compliance therewith, the Township Engineer or the relevant
Township construction sub-code official, in addition to any other
remedies available to the municipality, may issue an order requiring
immediate cessation of the affected work and prohibiting resumption
thereof until approval is obtained or noncompliance corrected.
A.
Prior to the acceptance by the Township of any street or other improvement
in a subdivision, or release of performance bond covering same, there
shall be filed with the Township Engineer a deed of dedication containing
a metes and bounds description of all easements, two paper prints,
plus "as-built" plans and profiles drawn to a scale of one inch equals
five feet vertically, which plans and profiles shall be based, on
a final survey and shall be the United States Coast and Geodetic Control
Survey datum. Such drawing shall show how streets and other improvements
were actually constructed or installed. The following data must be
shown with measurements from the property lines:
1.
Plans and profiles of the streets showing elevations as constructed
and reference bench marks.
2.
Plans and profiles of sanitary storm sewers showing elevations of
inverts of manholes and catch basins and elevations of inlet gratings
and manhole rims; also locations of sanitary sewer, laterals dimensioned
from main and reference dimensions to "T" or "V" connections from
manholes. Acceptance of streets and improvements by the Township and
release of any performance guaranty shall be in accordance with N.J.S.A.
40:55-53.
B.
A temporary certificate of occupancy may be issued while an applicant,
owner, or developer is awaiting approval and acceptance of the roadway
or access way. The temporary certificate of occupancy shall be revoked
if the Township public works department or any municipal service is
blocked from access on said roadway.
[Ord. No. 2013-62]
A.
Purpose and intent. This section is enacted to establish the mechanism
for the imposition of impact fees upon development to finance the
capital costs of acquiring, establishing, upgrading, expanding, and
constructing public facilities that are necessary to accommodate such
development. This section is intended to assure that development bears
an appropriate share of the cost of capital expenditures necessary
to provide such public facilities within the Township of Lakewood
and its service areas as are required to serve the needs arising out
of development, as well as to comply with the Municipal Land Use Act,
N.J.S.A. 40A:55D-1 et seq. ("MLUL"). The Township of Lakewood, by
adopting this section, is not intending to limit its authority to
finance public facilities by any other means authorized by law.
B.
Definitions. Unless otherwise defined in this section, all words
shall have the same meanings as set forth in the MLUL or The Lakewood
Township Unified Development Ordinance of 2005 ("UDO"). As of the
date of passage of this section, those terms and definitions are as
follows:
1.
CAPITAL COSTS – The cost to construct, expand or improve public
facilities, including the cost of land and legal, engineering and
design costs to construct, expand or improve public facilities, including
legal, engineering and design costs. "Capital costs" do not include
other non-capital costs to construct, expand or improve public facilities,
or vehicles, or the costs of such equipment as the Township may acquire,
rent or use to construct, expand or improve public facilities for
which an impact fee is being collected.
2.
DEVELOPER – A person or business entity that constructs or
creates a land development.
3.
IMPACT FEES – Contributions of cash, land or interests in land,
or any other items of value that are required of developers by the
Township.
4.
LAND DEVELOPMENT OR DEVELOPMENT – The construction, or modification,
of improvements to real property in the Township that adds residential
dwelling units in the Township; or that results in nonresidential
uses that create the need for new, expanded or improved public facilities
in the Township.
5.
PUBLIC FACILITIES – Streets, other transportation facilities,
traffic control devices, facilities that collect and treat sewage,
facilities to collect and treat storm and surface water, facilities
to pump, store and distribute water, parks, playgrounds, land on which
athletic fields will be located, solid waste and recycling facilities,
fire protection facilities, law enforcement facilities, emergency
medical facilities and libraries. "Public facilities" does not include
facilities owned by school districts.
6.
RESIDENTIAL EQUIVALENT UNIT (REU) – Is the unit of measure
for calculating impact fees. One REU is equivalent to one dwelling
unit. Impact fees are charged on a "per REU" basis.
7.
SERVICE AREA – A Geographic area delineated by the Township
within which there are public facilities. The service area of the
Township is equivalent to the full geographic area of the Township.
8.
SERVICE STANDARD – A certain quantity or quality of public
facilities relative to a certain number of persons, parcels of land
or other appropriate measure. The same service standard is in place
through the entire Township.
9.
TOWNSHIP – The Township of Lakewood.
C.
Establishment of Impact Fees. The following impact fees are established
by the Township:
1.
Transportation Impact Fees;
2.
Parks and Recreation Impact Fees; and
3.
Public Facilities Impact Fees.
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The impact fees created in this section shall apply to all development
in the Township, whether the property is owned privately or by any
political corporation, governmental subdivision or agency thereof,
or any nonprofit organization, including any religious or other eleemosynary
organization. Impact fees are created and intended to permit the Township
to recover from developers a fair share of the capital costs necessary
to accommodate land development and maintain current levels of service
to those developing areas of the Township.
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D.
Documentation Required. Certain Township documents contain and support
needs assessments for the impact fees established in this section.
The following documents shall be kept on file and available for public
inspection in the office of the Township Clerk:
Township of Lakewood Comprehensive Master Plan and Smart Growth
Plan, as amended. These documents shall be revised and/or updated
as growth and other circumstances in the Township make updating appropriate.
E.
Segregated Accounts Required. Revenues collected by the Township
as impact fees shall be placed by the Township in segregated interest-bearing
accounts and shall be accounted for separately from other funds of
the Township. Funds collected from impact fees shall be used solely
for the purpose of paying the proportionate costs of providing public
facilities that may become necessary due to development. These costs
may include debt service on bonds or similar debt instruments, when
the debt has been incurred for the purpose of proceeding with designated
public facilities projects prior to the collection of all anticipated
impact fees for that project, reimbursement of the Township for advances
of other funds or reserved where the advance is made for the purpose
of proceeding with designated public facility projects prior to the
collection of all anticipated impact fees for that project, and for
such other purposes as are first approved by the Township Committee.
F.
Reduction in Impact Fee for Low Cost Housing. The Township Committee
may, in its sole discretion; act to lessen the size of the impact
fees imposed on land development that will provide low-cost housing.
Impact fees so reduced shall not be shifted to or collected from any
other development in the Township.
G.
Review and Standards. The Township Committee shall periodically review
its public facilities needs assessment and amount of the impact fees
established herein and modify them as necessary to account for changing
facility needs, inflation, revised cost estimates, capital improvements,
changes in other funding sources applicable to public facility projects
and other relevant factors.
All Impact Fees imposed:
1.
Shall bear a rational relationship to the need for new, expanded
or improved public facilities required to serve land development.
2.
Shall not exceed the proportionate share of the capital costs required
to serve land development, as compared to existing uses of land within
the Township.
3.
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
4.
Shall be reduced to compensate for other capital costs imposed by
the Township with respect to land development to provide or pay for
public facilities, including special assessments, special charges,
land dedications or fees in lieu of land dedications under MLUL, UDO
or any other items of value.
5.
Shall be reduced to compensate for monies received from the federal
or state government specifically to provide or pay for the public
facilities for which the impact fees are imposed.
6.
Shall not include amounts necessary to address existing deficiencies
in public facilities.
H.
Severability. If any section of this ordinance or portion thereof
shall be declared by a court of competent jurisdiction to be invalid,
unlawful or unenforceable, such decision shall apply only to the specific
section or portion thereof directly specified in the decision, and
shall not affect the validity of any other sections or portions of
this ordinance. The remainder of the ordinance shall remain in full
force and effect.
