Editor's Note: Prior ordinance history includes portions of Ordinance 7/13/76, 8/18/78, 12/9/80, 4/13/82, 6/17/86, 9/1/87, 10/6/87, 11/22/88 and 6/7/95.
ATTACHMENTS
Attachment 1 - Schedule A - Minor Subdivision ChecklistAttachment 2 - Schedule B - Preliminary Major Subdivision ChecklistAttachment 3 - Schedule C - Final Major Subdivision ChecklistAttachment 4 - Schedule D - Preliminary Site Plan ChecklistAttachment 5 - Schedule E - Final Site Plan ChecklistAttachment 6 - Schedule F - Variance ChecklistAttachment 7 - Schedule G - Minor Site Plan ChecklistAttachment 8 - Schedule H - Application Fees and Miscellaneous FeesAtatchment 9 - Schedule I - Escrow Fees
[Ord. 6/5/02, § 14-1.1]
There is hereby established pursuant to N.J.S.A. 40:55D-25c in the Township a Land Use Board of nine members consisting of the following four classes:
Class I — The mayor or his designee.
Class II — One of the officials of the Township other than a member of the Township Committee to be appointed by the Mayor.
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 Township Committee. The members of Class IV shall hold no other Township office. One Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, a member of the Environmental Commission who is also a member of the Land Use Board shall be a Class IV member unless there is among the Class IV members or alternates a member of the Historic Preservation Commission and a member of the Board of Education in which case the common member of the Board and the Environmental Commission shall be deemed a Class II member of the Board.
There may also be not more than two alternate members appointed to the Land Use Board in the same manner as Class IV members who shall be designated as "Alternate No. 1" and "Alternate No. 2."
Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. 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.
The Class IV and alternate members shall hold no other municipal office position or employment in the municipality.
[Ord. 6/5/02, § 14-1.2]
The terms of the member composing Class I shall correspond to the Mayor's official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's 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 the 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 upon the completion of his term of office as a member of the Environmental Commission, which- ever occurs first. The term of the Class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of the such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this section shall be so determined that to the greatest practical extent, the expiration of such term shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the term of each Class IV member shall be four years and shall run from January 1st of the year in which the appointment is made.
The terms of alternate members shall be for two years except that of the alternate members first appointed, one shall be appointed for a one year term and one shall be appointed for a two year term, the terms to run from January 1 of the year in which the appointment is made. Thereafter, all appointments shall be made for a term of two years.
No member of the Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal financial interest. Any member other than the Class I member, after a public hearing, if he requests one, may be removed by the Governing Body for cause.
[Ord. 6/5/02, § 14-1.3; Ord. No. 2010-05, § 1]
In accordance with N.J.S.A. 40A:9-12.1, any member of the Board who fails to attend and participate at meetings of the Land Use Board, without being excused, for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, shall be deemed to have vacated their position. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. 6/5/02, § 14-1.4]
The Land Use Board shall elect a Chairman and Vice-Chairman from the members of Class IV and select a secretary who may be either a member of the Land Use Board or a Township employee designated by it.
[Ord. 6/5/02, § 14-1.5]
There is hereby created the office of Land Use Board Attorney. The Land Use Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Land Use Board Attorney who shall be an attorney other than the Township Attorney.
[Ord. 6/5/02, § 14-1.6]
The Land Use 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.
[Ord. 6/5/02, § 14-1.7]
The Land Use Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties.
a. 
To make, adopt and 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. Said Master Plan shall be reexamined every six years in accordance with the provisions of N.J.S.A. 40:55D-89. The next reexamination shall be completed at least once every six years from the previous reexamination. The absence of the adoption by the Land Use Board of a reexamination report pursuant to statute shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable.
b. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Township in accordance with the provisions of said ordinances and the Municipal Land Use Law, C. 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: The Land Subdivision and Site Plan Review Ordinances are codified in Chapter 12, Land Use.
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 Township capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the Township Committee.
f. 
To consider and make report to the Governing Body 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) which report shall identify any provisions in the proposed development regulations, revision or amendment which are inconsistent with the Master Plan, and shall include recommendations concerning these inconsistencies, and any other matters the Board deems appropriate; and also pass upon other matters specifically referred to the Land Use Board by the Governing Body pursuant to provisions of N.J.S.A. 40:55D-26b.
g. 
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 other agencies or officers.
h. 
To consider and make a report within 45 days of its receipt upon any petition for annexation submitted to the Governing Body of the municipality and referred to the Land Use Board pursuant to the provisions of N.J.S.A. 40A:7-12.
i. 
To review a petition for inclusion of a parcel in a municipally approved Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
j. 
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 Ordinance.
k. 
Hear and decide requests for interpretation of the Map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
l. 
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 other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Chapter[2] would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship, including a variance for a conditional use, 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 provided further that the proposed development does not require approval by the Land Use Board of a subdivision, site plan or conditional use in conjunction with which the Land Use Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a of the Municipal Land Use Law of 1975 as amended; and
[2]
Editor's Note: Zoning is codified as Chapter 13 of these Revised General Ordinances.
m. 
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in the Zoning Chapter[3] including, but not limited to, allowing a structure or use in a district restricted against such structure or use but only by affirmative vote of at least five members of the Board.
[3]
Editor's Note: Zoning is codified as Chapter 13 of these Revised General Ordinances.
n. 
No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under this subsection may be referred to any appropriate person or agency, including the Land Use Board, for its report provided that such reference shall not extend the period of time within which the Land Use Board shall act.
o. 
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.
p. 
The Land Use Board shall have the power to grant subdivision or site plan approval pursuant to N.J.S.A. 40:5D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Land Use Board of a variance pursuant to subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Land Use Board. No such subsequent approvals shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this Act for the approval in question, and the special vote pursuant to the aforesaid subsection of Section 57 (N.J.S.A. 40:55D-70d) shall not be required.
q. 
The Land Use Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment and revision, if any. The Land Use Board shall send copies of the report and resolution to the Governing Body.
[Ord. 6/5/02 § 14-1.8]
a. 
Minor Subdivisions and Site Plan. Minor subdivision or site plan applications shall be granted or denied within 45 days of the date of certification of, submission of a complete application, 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 Land Use 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, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Land Use Board before it will be accepted for filing by the County Recording Officer. Minor site plan approval shall be deemed to be final approval of the site plan by the board, provided the Board or a Site Plan Committee of the Board appointed by the chairman finds that the application conforms to the definition of minor site plan, and further provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
Any approvals given pursuant to this subsection shall be conditioned upon timely receipt of a favorable report on the application by the County Land Use Board or approval by the County Land Use Board by its failure to report thereon within the required time period.
b. 
Preliminary Approval, Site Plans and Subdivisions. Upon submission of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, or for a subdivision of 10 or fewer lots, the Land Use Board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, or for a subdivision of more than 10 lots the Land Use Board shall grant or deny preliminary approval within 95 days of the date of certification of completeness of such submission or within such further time as may be consented to by the developer. Otherwise the Land Use Board shall be deemed to have granted preliminary approval to the subdivision or site plan and the applicant shall comply with the provisions of subsection 14-2.12.
c. 
Final Approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the application or within such further time as may be consented to by the applicant.
d. 
The Board shall render its decision on variances not later than 120 days after an application has been determined complete.
[Ord. 6/5/02 § 14-1.9; Ord. No. 2005-1 § 1; Ord. No. 2006-10 § 1; Ord. No. 2009-15 § 4; Ord. No. 2011-08 § 5; Ord. No. 2013-02 § 2; Ord. No. 2013-03 §§ 4, 5; amended 5-4-2021 by Ord. No. 2021-11]
a. 
Certification of Completeness of Application. If an application for development is found to be incomplete in accordance with the checklists that are made a part of this section as Schedule A through G, as applicable, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such an application for development or it shall be deemed to be properly submitted.
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
b. 
Procedure for Filing Application. Applications for development within the jurisdiction of the Land Use Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be filed with the Secretary of the Land Use Board. Applicants shall file at least 21 days before the date of the monthly meeting of the Board:
1. 
Fifteen copies of any conceptual plan to be reviewed by the Board;
2. 
Fifteen copies of applications for minor subdivision approval;
3. 
Fifteen copies of applications for major subdivision approval; and
4. 
Fifteen copies of an application for either major or minor site plan review, conditional use approval or planned development.
The applicant shall also obtain all necessary forms from the Secretary of the Land Use Board. The Secretary of the Land Use Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Land Use Board.
At the time of filing the application the applicant shall also file three copies of all plot plans or site plans, and shall also file all other papers required by virtue of any provision of this chapter, or the Land Subdivision, Site Plan or Zoning Chapters[1] of the Township or required by any rule or regulation of this Board. When the application has been certified to be complete applicant shall be notified of the date set for hearing and shall then file eight copies of all plot plans, site plans or maps, showing any revisions required as a result of review for completeness, with the Secretary of the Land Use Board at least 10 days prior to the date set for hearing, and shall also give all notices as required by ordinance or statute.
[1]
Editor's Note: Land subdivision and site plan regulations are codified in Chapter 12, Land Use, Zoning regulations are codified in Chapter 13, Zoning.
[Ord. 6/5/02 § 14-1.10]
The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Land Use Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons serve at the pleasure of the Mayor.
[Ord. 6/5/02 § 14-1.11]
Whenever the Environmental Commission has prepared and submitted to the Land Use Board an index of the natural resources of the Township, the Land Use Board shall make available to the Environmental Commission an informational copy of every application for development to the Land Use Board. Failure of the Land Use Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. 6/5/02 § 14-1.12]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. 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.
[Ord. 6/5/02 § 14-2.1]
No member of the Land Use Board 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.
[Ord. 6/5/02, § 14-2.2; Ord. No. 2007-12 § 14-2.2; Ord. No. 2010-05, § 2]
a. 
Meetings of the Land Use Board 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 applications 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 a majority vote of the members present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
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, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
f. 
Work Sessions. For purpose of administration of the Board's affairs, a workshop meeting may be held and noticed and shall be known as a "workshop meeting." The purpose of a workshop meeting shall be to discuss and study any applications or other planning, engineering and legal matters coming before the Board and shall not be for the purpose of holding hearings as described in N.J.S.A. 40:55D-10. The Board, however, may or may not take formal action such as, but not limited to, the adoption of resolutions and vote on the payment of bills.
[Ord. 6/5/02, § 14-2.3]
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 the Township Clerk. 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.
[Ord. No. 2007-12, § 14-2.3.1]
The Board shall furnish a transcript of the hearing or duplicate recording in lieu thereof to any interested party at his or her expense. The option as to whether to provide a duplicate recording or a transcript lies solely within the discretion of the Board and/or the municipality. Interested parties may not be charged more than is permitted in N.J.S.A. 40:55D-10(f).
[Ord. 6/5/02, § 14-2.4; Ord. No. 2008-03, § 1]
Fees or charges for submissions of applications or for rendering of any service by the Land Use Board or any member of the administrative staffs or any consultant to the Board for review of an application for development, for inspections or for taking of appeals shall be as set forth in Schedules G and H of Chapter 14 of the Revised General Ordinances of the Township of Lafayette or of any other ordinance regulating the use and development of land in the Township of Lafayette and shall be paid by certified check only.
The Land Use Board Secretary or designee of the Township of Lafayette may, at any time, require an applicant to place additional monies in escrow if it is reasonably determined that the existing escrows are insufficient to cover anticipated inspection or review services. Where the actual cost of providing inspection or review exceeds or is anticipated to exceed the escrow, which has been paid, the Township of Lafayette may bill the applicant for the excess costs, which shall be paid prior to any further inspection or review by the Land Use Board or its professionals. Any applicant that does not satisfy a request for additional escrow by certified check at least 10 days prior to a scheduled Land Use Board hearing involving that applicant shall not be eligible to be on the Board's agenda for that meeting. An applicant's continued failure to replenish the escrow within 10 days of written notice by the Land Use Board Secretary or designee shall entitle the Board to dismiss the application without prejudice subject to replenishment of the escrow without additional application fees. The Board, in its discretion, may grant reasonable extensions for an applicant to replenish the escrow for good cause shown. Any application dismissed without prejudice for one calendar year (365 days) as a result of Board action for an applicant's failure to satisfy a request for additional escrow shall be subject to dismissal with prejudice.
Land Use Board professionals shall submit invoices within 15 days of said meeting.
[Ord. 6/5/02, § 14-2.5; Ord. No. 2007-12, § 14-2.5]
a. 
Rules. The Land Use Board shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this ordinance.
b. 
Oaths. The officer presiding at the hearing 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, C. 38, P.L. 1953 (N.J.S.A. 2A:67AI 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 recording in lieu thereof on request to any interested party at his expense.
f. 
Vote by Absent Members. A member of the Land Use Board who is absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted notwithstanding his absence from one or more of the meetings, provided, however, that such Board member has available to him the transcript or recording of all the hearings from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.
g. 
Continuances. All cases may be continued to a date certain which shall be the next regular meeting of the Land Use Board unless otherwise determined by the Board. The Chair shall announce to all those present the date, time and place to which the hearing on the matter is continued. No further notice need be given by the applicant in that event. However, if the meeting in continued to a special meeting, notice required under the Open Public Meetings Act shall be given. The Board reserves the right to continue a hearing on its own motion for purposes of further consideration, subject to limitations of time as provided in the Municipal Land Use Law and Land Use Ordinance.
The Board may, also, grant reasonable requests of interested parties to continue a matter in order to afford such parties sufficient time to prepare, engage counsel, obtain witnesses or for other good cause. However, the Board may only do so to the extent that the applicant's interests are not unduly compromised or prejudiced with respect to the applicant's protected interests under prevailing law.
Where adjournment for a continuance would extend the statutory period within which the Board is required to act, the consent of the applicant shall be evidenced in writing or shall be made on the record.
Where the applicant requests a continuance, that request shall be made in writing to the Board Secretary and shall specify the date on which the applicant will next appear before the Board.
h. 
Refusal to Consent to a Continuance. Where an applicant refuses to consent to a continuance so that objectors may be heard so that the Board may more fully consider the testimony or hear from the Board professionals or have the Board professionals review the applicant's submissions, such refusal by the applicant may be deemed arbitrary and unreasonable by the Board. Should the applicant demand that the Board decide the matter without affording such opportunity, the applicant shall be at risk of a denial of the application for failure to sustain the burden of proof and failure to afford the Board an opportunity to reach an informed decision.
[Ord. 6/5/02, § 14-2.6]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. and for applications involving conventional preliminary site plans, applications pursuant to N.J.S.A. 40:55D-34 and 36, and applications for appeal and interpretation (N.J.S.A. 40:55D-70(a) & (b)), the applicant shall give notice thereof as follows:
a. 
Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
b. 
Adjoining Property Owners. Notice shall be given to the owners of all real property located in this state as shown on the current tax duplicate or duplicates within 200 feet in all directions of the property, which is the subject of such hearing, and whether located within or outside the Township.
1. 
Such notice shall be given by:
(a) 
Serving a copy thereof on the owner, as shown on the said current tax duplicates, or his agent in charge of the property, or
(b) 
Mailing a copy thereof by certified mail to the property owner at his address, as shown on the said current tax duplicate or duplicates.
2. 
The above requirements shall be deemed satisfied where condominiums or horizontal property regimes are within 200 feet of applicant's property, by making service in the following manner:
(a) 
If the applicant's property abuts a condominium and the owner of any unit is within 200 feet of the applicant's property and said unit has a unit above or below it, by giving notice to the condominium association.
(b) 
If the applicant's property abuts a horizontal property regime and an apartment of the co-owner is within 200 feet of the applicant's property and such apartment has an apartment above or below it by mailing notice to the horizontal property regime.
(c) 
If the applicant is the owner of a condominium unit or co-owner of an apartment, notice shall be given to all other unit owners or apartment co-owners within 200 feet of the unit or apartment owned or co-owned by the applicant.
A return receipt is not required. Notice to a partnership owner may be made upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, 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 such municipality.
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 on an application for development of property adjacent to a State highway.
f. 
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. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10(b).
g. 
All notices hereinabove specified in this subsection 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 to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
i. 
Form of Notice. All notices required to be a given pursuant to the terms of this chapter 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 Township 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.
j. 
Notice pursuant to paragraphs c, d, e and f of this subsection shall not be required unless public notice pursuant to paragraphs a and b of this subsection is required. Notice under paragraphs a and b is not required for (1) conventional site plan review, (2) minor subdivision approval, or (3) final approval pursuant to N.J.S.A. 40:55D-50.
[Ord. 6/5/02, § 14-2.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c the Tax Assessor of the Township shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in said section of the statute, 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.
[Ord. 6/5/02, § 14-2.8; Ord. No. 2007-12, § 14-2.8]
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 for 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.
c. 
The municipal agency may provide the written decision and findings, and conclusions referred to paragraph a of this subsection either on the date of the meeting at which the municipal agency grants or denies approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. The adoption of a resolution of memorialization pursuant to this paragraph shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the 45 day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon. Whenever a resolution of memorialization is adopted in accordance with this paragraph the date of such adoption shall constitute the date of the decision for purposes of the mailings, filing and publications required by N.J.S.A. 40:55D-10 subsections h and i.
d. 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above notwithstanding the time at which the action occurs within the applicable time period for rendering a decision on the application.
e. 
Time of Decision Rule. If, during the pendancy of any application, an ordinance amendment is adopted which effects the application, such amendment shall control the decision of the Board.
f. 
Reservation of Decision. The Board may decide to reserve decision on a matter after the hearing is completed and may make its decision at the next meeting provided that the period within which to decide the application will not expire prior to the next succeeding meeting, or if it will expire, provided that the applicant has waived the right on the record for a vote prior to the expiration date.
[Ord. No. 2007-12, § 14-2.8.1]
a. 
A resolution memorializing the Board's decision as to an application shall be a statement of the Board's findings of fact and conclusions of law, the Board's decision and any conditions attached to the approval.
b. 
A copy of the resolution shall be furnished to the attorney, or where the applicant is not represented by an attorney, to the applicant, within 10 days from the date of the Board's adoption of the resolution pursuant to N.J.S.A. 40:55D-10i.
c. 
The Board Secretary shall publish the decision in the official newspaper of the municipality within 10 days of the vote adopting the resolution. The municipality may make a reasonable charge for this publication pursuant to N.J.S.A. 40:55D-10i.
d. 
The time for the taking of appeal of the Board's decision runs from the date of publication pursuant to N.J.S.A. 40:55D-10i.
[Ord. No. 2007-12, § 14-2.8.2]
A resolution prepared by the Land Use Board Attorney and transmitted to the Board for consideration shall be considered a privileged document between the Land Use Board Attorney and the Land Use Board and shall not become a part of the public record until such time as it is determined by the Board and the Attorney that the resolution properly memorializes the decision of the Board and the Board had voted to adopt the resolution.
[Ord. 6/5/02, § 14-2.9]
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Secretary of the Land Use Board without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten days of the date of any such decision.
[Ord. 6/5/02, § 14-2.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Land Use Board 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 the 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.
[Ord. 6/5/02, § 14-2.11]
The Land Use Board may, in conformity with the provisions of C. 291, P.L. 1975 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.
[Ord. No. 6/5/02, § 14-2.12; Ord. No. 2007-12, § 14-2.12; Ord. No. 2011-08, § 4]
a. 
Any variance from the terms of this chapter hereafter granted by the Land Use Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any property shall expire three years from the adoption of the resolution memorializing the Board's decision unless:
1. 
Construction has commenced on each unit to which the variance applies and is presently proceeding or completed, or unless such permitted use has actually commenced within the three years; or
2. 
An appeal has been filed from a Board action to a Court of competent jurisdiction, in which case the three year period shall resume running upon the signing of a Court Order concluding the appeal.
b. 
Any preliminary site plan, major or minor subdivision approval granted by the Land Use Board shall expire three years from the date of the adoption of the Resolution memorializing the Board's approval unless:
1. 
The application receives an extension pursuant to the MLUL;
2. 
An appeal has been filed from a Board action to a Court of competent jurisdiction, in which case the three year time period shall resume running upon the signing of a Court Order concluding the appeal.
c. 
Any minor site plan and final site plan approval granted by the Land Use Board shall expire within two years from the date of the adoption of the resolution memorializing the Board's approval unless:
1. 
The application received an extension pursuant to the MLUL;
2. 
An appeal has been filed from a Board action to a Court of competent jurisdiction, in which case the two year time period shall resume running upon the signing of a Court Order concluding the appeal.
[Ord. 6/5/02, § 14-2.13]
a. 
A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders 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. 
If a corporation or partnership owns 10% or more of a stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to paragraph a of this subsection, that corporation or partnership shall list the names and addresses of its stockholders 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 have been listed.
[Ord. 6/5/02, § 14-3.1]
An appeal to the Land Use Board 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 Chapter or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 14-2.6 of this chapter, and in accordance with the provisions of N.J.S.A. 40:55D-64 et seq. of the Municipal Land Use Law of 1975 as amended.
[Ord. 6/5/02, § 14-3.2]
a. 
Whenever it is required as a condition to subdivision or site plan approval that a performance guarantee must be furnished in favor of the municipality in an amount not exceeding 120% of the estimated cost of any required improvements within a stated time, the time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution. As a condition of 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 as determined as of the time of passage of the resolution.
b. 
Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township Committee in writing of such completion or substantial completion as provided for in N.J.S.A. 40:55D-53d, and after inspection and report of the Municipal Engineer, the Township Committee may approve, partially approve or reject the improvements. Where partial approval is granted the bond of the obligor may be reduced provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
c. 
The obligor on any such bond shall reimburse the township for all reasonable inspection fees paid to the municipal engineer for any such inspections of improvements and the developer shall post a deposit to cover such fees in such amount as required by the municipal agency having jurisdiction.
[Ord. 6/5/02, § 14-4.1]
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:57D-1 et seq. such terms intended to have the meaning set forth in the definition of such term found in the statute, unless a contrary intention is clearly expressed from the context of this chapter.
[Ord. 6/5/02, § 14-4.2]
All sections of the land subdivision ordinance, zoning ordinance, site plan review ordinance or any other ordinance of the Township which contains provisions contrary to the provisions of this chapter shall be and are hereby; to the extent of such inconsistency, repealed.
[Ord. 6/5/02, § 14-4.3]
This chapter shall be known and may be cited as "The Land Use Procedures Ordinance of the Township of Lafayette."
[Ord. 6/5/02, § 14-4.4]
In accordance with the provisions of N.J.S.A. 40:55D-16, development regulations, except for the Official Map, shall not take effect until a copy thereof shall be filed with the County Planning Board. A zoning ordinance or amendment or revision thereto which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the County Planning Board.
[Ord. No. 2014-05 § 2]
All applications to the Lafayette Township Land Use Board shall include a signed and notarized Consent by the landowner indicating the landowner's consent that all fees must be paid in accordance with the Land Use Board application, and in the event the applicant does not pay all appropriate fees, including application and escrow fees, the landowner consents to have any unpaid balance placed as an added assessment against the property at issue, to be collected by the Township Tax Collector's Office.
[Ord. 6/5/02, § 14-5; Ord. No. 2005-14; Ord. No. 2006-09; Ord. No. 2006-16; Ord. No. 2011-08, § 16; Ord. No. 2015-11 § 2; Ord. No. 2017-12 § 6; Ord. No. 2017-13; Ord. No. 2018-08; amended 9-7-2021 by Ord. No. 2021-19]
Refer to Schedule H.
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 6/5/02, § 14-6; Ord. No. 2005-14; Ord. No. 2006-09; Ord. No. 2006-16; Ord. No. 2008-18, § 1; Ord. No. 2011-08 § 14; Ord. No. 2015-11 § 3; Ord. No. 2017-12 § 7]
Refer to Schedule I.
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 6/5/02, § 14-7.1]
If requested by the applicant in writing, special meetings of the Land Use Board may be held in the Lafayette Township Municipal Building or at such other place within the Township as may be fixed by the Board upon such date and at such hour as may be determined by the Board upon payment of a special meeting fee of $750 which fee shall accompany the request for such special meeting. If a request is made by an applicant for an additional special meeting, a payment of $750 must accompany each request. If more than one applicant requests a special meeting to be held on the same date, each applicant is responsible for a special meeting fee of $750. Such special meeting fee shall be in addition to such base application fee or supplemental base application fee and review fee escrow deposit which may otherwise be applicable. The applicant will also be obliged to indemnify and reimburse the Board for its review fee trust account for the cost of publication of any required special notice and any other reasonable costs which may be incurred by the Board with respect to such professionals or consultants. Whether or not a special meeting shall be held at the request of any applicant shall be within the sole discretion of the Board.
[Ord. 6/5/02, § 14-8]
Any board, agency, committee or entity of the Township of Lafayette may make application to the Land Use Board without the requirement for making payment of any of the fees hereinabove provided. Notwithstanding any other provision of the ordinance to the contrary, the Township Committee, upon application of the applicant, may waive any fee or portions thereof as hereinabove provided for nonprofit organizations, persons or entities where it is deemed to be in the best interests of the Township of Lafayette; provided, however, that such waiver of fees shall be expressed in a formal resolution of the Township Committee adopted by 2/3 of the full membership thereof.
[Ord. No. 2005-15]
See Chapter 12, Section 12-21.
[Ord. No. 2007-07, § 1; Ord. No. 2011-08, § 17]
The Technical Review Committee (TRC) shall be established to review any applications for development or requests for review presented to the Land Use Board (the Board) which may benefit from preliminary review by the Board Professionals as determined by the applicant or the Board:
a. 
The Technical Review Committee may consist of six members:
1. 
Up to two Board members may be appointed by the Chair to attend. An alternate can be assigned by the Chair to attend on an ad hoc basis.
2. 
Other members shall be the Zoning Officer, Land Use Board Planner and Land Use Board Engineer.
3. 
If the applicant is to be represented by an attorney at the TRC meeting, the Board Attorney shall attend and may attend on other applications where legal issues may be raised.
4. 
The terms of all members shall be one year, computed from the first day of January of the year of appointment. Vacancies shall be filled in the same manner as the original appointment; and those occurring other than by the expiration of a term shall be filled for the duration of the unexpired term. Members shall continue serving after the expiration of their terms until such time as their successors shall be appointed.
b. 
The Technical Review Committee shall conduct informal meetings as required, in order to review development applications. Applicants may appear on their own behalf or may appear through an attorney, architect or engineer.
c. 
The cost of appearing at the TRC, as determined by Schedule H,[1] shall be paid prior to the meeting, which shall last no more than one hour.
[1]
Editor's Note: Schedule H, referred to herein, is included as an attachment to this chapter.
d. 
The responsibility of the Technical Review Committee shall include, but not be limited to, the following responsibilities:
1. 
Recommend to the Board whether the application is a minor or major development application.
2. 
Determine compliance with the Township's zoning requirements, development regulations and design standards.
3. 
Make recommendations on the design and technical elements of any application.
4. 
Discuss whether an application is complete and ready for a public hearing.
e. 
Requests for waivers must be granted or denied within 45 days in keeping with the Municipal Land Use Law.
f. 
Applicants who disagree with the position of the TRC, as to their application, may appeal the matter to the Land Use Board for a determination of completeness, waivers and/or the right to proceed.
g. 
Applicants shall be advised that they will not appear at the regularly scheduled Land Use Board meeting the same month that they are reviewed for completeness at the TRC because the Board Engineer will not have time to prepare a report and submit it to the Board 10 days prior to the meeting. However, exceptions may be granted where appropriate as determined by the TRC.
h. 
The report of the Technical Review Committee shall be presented to Board members at the next meeting of the Land Use Board.