[Article IV adopted by Ordinance No. 2007-04]
[Ord. No. 2007-04]
a.
Purpose. The purpose of this section is to establish the procedure
for Land Use Board review and action on applications for subdivisions
and/or site plans. The procedure is intended to provide orderly and
expeditious processing of such applications and encourage early dialogue
between the Board and the developer for the purpose of the constructive
exchange of ideas.
b.
Concept Plan. For the purpose of expediting applications and reducing
subdivision and site plan design and development costs, the developer
may request a concept plan in accordance with the following requirements:
The Board shall grant an informal review of a concept plan for
a development for which the applicant intends to prepare and submit
an application for development. The purpose of the concept plan is
to provide the Board an opportunity to guide the applicant in the
formative stages of subdivision and site plan, and foster dialogue
to achieve a better planning result than might have occurred in the
absence of such dialogue.
Applicants seeking concept plan informal review shall submit
plans 10 days before the concept plan meeting. These items provide
the developer and the Board with an opportunity to discuss the development
proposal in its formative stages.
The applicant may be charged reasonable administrative fees
for concept plan review. The amount of any administrative fees for
such informal review shall be a credit toward fees for review of the
application for development. An escrow deposit may be necessary to
cover review by Board or municipal consultants.
The applicant shall not be bound by any concept plan for which
review is requested, nor shall the Land Use Board or subdivision and
site plan committee be bound by any such review.
c.
Application.
1.
Content. An application for development shall include the items specified
in the relevant application checklist which constitutes a checklist
of items to be submitted for subdivision, site plan review, variances
and other relief. A copy of this checklist shall be completed by the
applicant, and submitted with the application form. See Appendix A[1] annexed hereto, adopted by reference.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
2.
Complete Application. An application for development (see Universal
application form annexed as Appendix B adopted by reference) shall
be complete for purposes of commencing the applicable time period
for action by a municipal agency when so certified by the municipal
agency or its authorized committee or designee.
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In the event that the agency, committee or designee does not
certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless:
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The applicant may request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
shall be construed as diminishing the applicant's obligation to prove
in the application process that he is entitled to approval of the
application. The municipal agency may subsequently require correction
of any information found to be in error and submission of additional
information not specified in this chapter or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
[Ord. No. 2007-04]
a.
The Land Use Board shall conduct its business in public meetings
unless otherwise provided herein and permitted by law. The time and
place for regular meetings shall be fixed by rules adopted pursuant
to N.J.S.A. 40:55D-8. Regular meetings shall be scheduled not less
than once a month and shall be held as scheduled unless canceled for
lack of applications for development to process. Special meetings
may be provided at the call of the chair or on the request of any
two of the members of the Board, which shall be held on notice to
its members and the public in accordance with this chapter. No action
shall be taken at any meeting without a quorum being present. All
actions shall be taken by a majority vote of the members of the Board
present at the meeting except as otherwise required by law. 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.
All regular meetings and all special meetings shall be open
to the public. Notice of all such meetings shall be given in accordance
with this chapter. The Board may convene an executive session for
the purpose of discussing and studying any matters to come before
it, and such session shall not be deemed a regular or special meeting
within the meaning of this chapter.
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.
Once adopted the minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Administrative
Officer. Any interested party, for a fee charged pursuant to this
chapter, may obtain a reproduction of the minutes, once adopted, for
his or her use.
[Ord. No. 2007-04]
a.
The Board shall hold a hearing on each application for development.
The Land Use Board shall hold a hearing on the adoption, revisions
or amendment of the Master Plan.
b.
Hearings shall be conducted in accordance with the rules of the Board.
Any maps and documents for which approval is sought at hearing shall
be on file and available for public inspection at least 21 days before
the date of the hearing during normal business hours in the office
of the Board Secretary. The applicant may produce other documents,
records, or testimony at the hearing to substantiate or clarify or
supplement previously filed maps and documents. However, the Board
shall be under no obligation to proceed upon maps and documents for
which approval is sought, including revised maps, received less than
10 working days prior to the hearing or a continued date thereof,
in order that the Board and its professionals, as well as the public,
shall have a fair and reasonable opportunity to review the same prior
to the hearing or continued hearing thereon.
c.
All persons giving testimony at a hearing shall be duly sworn by
the Board Attorney or the Chair or designee. The presiding officer
shall have the power to 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, N.J.S.A. 2A:67A-1 et seq.
shall apply. All interested parties shall have the right of cross-examination
of witnesses involved in an application for development, which rights
shall be exercised through an attorney or directly, and subject to
the discretion of the presiding officer, and to reasonable limitations
as to time and number of witnesses. 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 the expense of such party.
The Board, in furnishing a transcript of the proceedings or tape to
an interested party, 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.
e.
The Board shall reduce to writing each decision on any application
for development. Such decision shall include findings of fact and
conclusions based thereon. The Board shall provide the findings and
conclusions through the following means:
1.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board 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 denying the application for failure of a motion to receive the number of votes required to approve the same 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 of operative denial. The vote on a memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the memorializing resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by subsections f and g of this section.
f.
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, and to all who request a
copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the Board in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for the fee established
therefor pursuant to this chapter, and shall make the same available
for public inspection during reasonable office hours.
g.
A notice of the decision shall be published in the official newspaper
of the Township, if there be one, or in a newspaper of general circulation
in the Township. Such publication shall be arranged by the secretary
of the Board or the administrative officer if other than the secretary.
Any applicant may also arrange for such publication. The Township
may make a reasonable charge for its publication. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision, whether arranged by the Frankford
Township or the applicant.
h.
No hearing need be convened by the Board in the absence of a complete
application for development as certified by the Board or its authorized
committee or designee. In the event that an application has not been
certified as complete within 45 days of the date of its submission,
the application shall nevertheless be deemed complete upon the expiration
of the forty-five-day period for purposes of commencing the applicable
time period unless (1) the application lacks information indicated
on the approved checklist which has been provided to the applicant,
and (2) the Board, or its authorized committee or designee, has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. If waivers are sought
with respect to one or more of the submission requirements, the applicant
must request the same, in which event the Board or its authorized
committee or designee shall grant or deny the request within 45 days.
i.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process entitlement to approval
of the application. The Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in this chapter or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. However, the application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Board.
j.
The Board, on its own motion, may dismiss any action without prejudice
if neither the applicant nor anyone on his or her behalf appears at
the time set for the hearing of said application. Further, the Board,
on its own motion, may dismiss, without prejudice, any application
for failure to comply with its rules. Any applicant may, at any time
before the commencement of the hearing, voluntarily withdraw his or
her application, in which case the application shall be dismissed
without prejudice. The Board shall have the power to impose reasonable
terms and conditions on the dismissal of any application.
k.
If, during the pendency of an application, an ordinance amendment
is adopted which affects the application, such amendment shall control
the decision of the Board. If the adoption of an ordinance prohibits
the proposed use, the Board's jurisdiction is terminated and the applicant
must submit a new application seeking the appropriate relief. The
applicant's application fee and escrow balance may be transferred
to the new application.
[Ord. No. 2007-04]
a.
A member of the Board who has been absent for one or more of the
meetings in which a hearing was held, or was not a member of the municipal
agency at that time, shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding an absence from one
or more of the meetings; provided, however, that such Board member
certifies in writing to the Board that he or she has read a transcript
or listened to a recording of the hearing from which he or she was
absent or was not a member.
b.
All voting on an application for development shall result from a
motion and a second, together with an opportunity for discussion thereon.
All votes shall be taken by roll call, and the vote and name of the
member casting the vote shall be recorded in the minutes. Unless otherwise
provided in this chapter or by law, any action may be authorized by
a majority vote of the members present at such meeting.
[Ord. No. 2007-04]
a.
Each application shall be decided strictly on the basis of the facts
adduced at the hearing and as contained in the maps and other documents
comprising the record for which approval is sought. The facts adduced
at the hearing, all testimony and all evidence on which the Board
makes its decision must be part of the record, and the Board's decision
must include findings of facts from the record on which it made its
decision and conclusions on the points of law pertaining thereto.
The Board's decision must be reached at a public meeting and the Board's
vote on the making of its decision and the adoption of its resolution
must be taken at a public meeting.
b.
The Board shall have the discretionary power to grant relief other
than the precise relief or portion thereof sought by the applicant.
[Ord. No. 2007-04]
In the event that it appears to the Board on reasonable grounds
that an applicant or witness has not been truthful, or that a mistake
has been made, and such circumstances bear on facts which are essential
in the granting of the relief sought by the applicant and were relied
upon by the Board taking action, then, upon discovery of such misrepresentation,
fraud or mistake, the Board may rehear the matter, either on application
of an interested party or on its own motion when unusual circumstances
so require in the interests of justice. In such event, the Board may,
upon notice directed to the applicant and all other interested parties,
require the applicant to appear before it for the purpose of explaining
the testimony previously given at the hearing. At such subsequent
hearing, it may be determined whether or not the testimony as given
at the original hearing was, in fact, false or mistaken. Mistake or
fraud in proceedings, left uncured, shall constitute grounds for a
rescission.
At any time after the adoption of a resolution of memorialization,
any person having an interest in such decision may move the Board
for an order relaxing, vacating or modifying any term or condition
of said decision by filing with the Board a request in the form of
a letter setting forth the reasons therefor and the grounds relied
upon. If the nature, extent, scope or consequence of the proposed
change would be substantial in any manner or respect, a hearing shall
be set and the movant shall give notice of such hearing in the same
form and manner as otherwise required in the case of the original
application. The Board, on its own motion, may, in a proper case,
similarly order all parties in interest to show cause at the time
and place fixed in the notice why the terms or provisions of any decision
ought not to be vacated or modified.
[Ord. No. 2007-04]
Notice pursuant to subsections a, b, d, e, f, g and h of this
section shall be given by the applicant unless a particular Township
official is hereafter so designated by ordinance; provided, that nothing
contained herein shall prevent the applicant from giving such notice
if he or she so desires. Notice pursuant to the said subsections shall
be given at least 10 days prior to the date of the hearing.
a.
Public notice of a hearing shall be given for an extension of approvals
for five or more years; 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 as defined in this chapter, (2) minor subdivisions
as defined in this chapter or (3) final approval pursuant to this
chapter. Public notice shall be given for appeals of determinations
of administrative officers, and for requests for interpretation. Public
notice shall also be given in the event that relief is requested pursuant
to N.J.S.A. 40:55D-60 or 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,
if there be one, or in a newspaper of general circulation in the Township.
b.
Notice of a hearing requiring public notice pursuant to subsection a of this section shall be given to the owners of all real property as shown on the current tax duplicate, 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.
c.
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.
d.
Upon the written request of an applicant, the administrative officer 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 b 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 h 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.
e.
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.
f.
Notice shall be given by personal service or certified mail to the
Sussex 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.
g.
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. 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 N.J.S.A. 40:55D-10.
h.
Notice of hearings on applications for approval of a major subdivision or site plan not defined as a minor site plan 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 Township and which has registered with the Township in accordance with N.J.S.A. 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.
i.
The applicant shall file an affidavit of proof of service with the
Board holding the hearing on the application for development in the
event that the applicant is required to give notice pursuant to this
section.
[Ord. No. 2007-04]
a.
Every public utility, cable television company and local utility
interested in receiving notice pursuant to subsection h of N.J.S.A.
40:55D-12 may register with the Township. Such registration shall
remain in effect until revoked by the public utility, cable television
company, or local utility or by its successor in interest.
b.
The administrative officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to subsection a of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to subsection (h) of N.J.S.A. 40:55D-12. The information contained therein shall be made available to any applicant, as provided in subsection (c) of N.J.S.A. 40:55D-12.
[Ord. No. 2007-04]
a.
Notice concerning the adoption, revision or amendment of the Master
Plan shall be given in accordance with N.J.S.A. 40:55D-13.
b.
Notice concerning the adoption, revision or amendment of a development
regulation involving property situated within 200 feet of an adjoining
municipality shall be given in accordance with N.J.S.A. 40:55D-15.
c.
Notice concerning hearings on the adoption, revision or amendment
of any development regulation, municipal capital improvement program
or municipal official map shall be given to the Sussex County Planning
Board in accordance with N.J.S.A. 40:55D-15b.
d.
Notice of a hearing on an amendment to the zoning ordinance proposing
a change to the classification or boundaries of the zoning district,
exclusive of classification or boundary changes recommended in a periodic
general re-examination of the Master Plan by the Land Use Board, shall
be given by the Township Clerk in accordance with N.J.S. 40:55D-62.1.
The Clerk shall execute affidavits of proof of service of the notices
required pursuant thereto, and shall keep the affidavits on file along
with proof of publication of the notice of the required public hearing
on the proposed zoning ordinance change. Costs of the notice provision
shall be the responsibility of the proponent of the amendment.
[Ord. No. 2007-04]
Any power expressly authorized by this chapter and the Municipal
Land Use Law to be exercised by the Land Use Board shall not be exercised
by any other body, except as otherwise provided in this chapter and
the said law.
[Ord. No. 2007-04]
In the event that, during the period of approval granted to
an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare, and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
[Ord. No. 2007-04]
a.
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 other party to protect the public health and welfare or by a directive
or order issued 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 the development regulations contained in this chapter, and, if
such application complies with the said regulations, the Board shall
approve such application conditioned on removal of such legal barrier
to development.
b.
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; provided
that the Board shall make a decision on any application for development
within the time period provided by this chapter and by law or within
an extension of such period as has been agreed to by the applicant,
unless the Board is prevented or relieved from so acting by the operation
of law. The Secretary of the Board shall monitor the performance of
all such conditions.
[Ord. No. 2007-04]
Any variance granted pursuant to N.J.S.A. 40:55D-70 or by the
Board pursuant to its ancillary powers under N.J.S.A. 40:55D-60 where
a separate or bifurcated application has been made to the Land Use
Board for a variance subject to subsequent application for any required
approval of a subdivision, site plan or conditional use, shall expire
one year from the date of adoption of the resolution granting such
variance unless an appropriate building permit has been obtained in
connection therewith or as otherwise permitted or required by law.
In the event that the Board, pursuant to its powers under N.J.S.A.
40:55D-76, or pursuant to its powers under N.J.S.A. 40:55D-25, shall
have granted subdivision, site plan or conditional use approval either
predicated on a variance pursuant to subsection d of N.J.S.A. 40:55D-70
or involving ancillary variances contemplated in N.J.S.A. 40:55D-60,
or as otherwise permitted by law, and provided that such approval
has been granted concurrently with or not later than one year after
approval of the subject variance, then, in that event, the term of
any such variance shall be coterminous and coextensive with the period
of protection conferred upon the applicant pursuant to such concurrent
or subsequent approval.
[Ord. No. 2007-04]
a.
The period within which a Board must decide an application shall commence as of the date of certification of completeness and, if not certified as being complete within 45 days, then on such date as the application is deemed to be complete by operation of law; provided that nothing herein shall be construed to disallow an extension pursuant to subsection c of this section.
b.
The secretary to the Land Use Board shall monitor the status of all
pending applications, keep a record thereof, and keep each Board advised
accordingly.
c.
The Board may seek, and an applicant may grant, consent to an extension
of time on the record or in writing. If an applicant fails to appear
and the period within which to decide the application will expire
prior to the next regularly scheduled meeting of the Board, such application
will be dismissed without prejudice. It shall not be necessary to
obtain the consent of any objector to an application in order that
an application be extended.
d.
The time for action by the Board shall be as follows:
1.
On variance applications: 120 days after certification or the deeming
of completeness, or within such further time as may be consented to
by the applicant.
2.
On applications for site plan approval or subdivision approval if
such application was filed simultaneously with the application for
a use variance: 120 days.
3.
On subdivision and site plan applications filed separately after
a use variance application: as provided in paragraphs d5, d6, d7,
d8 and d9 below.
4.
Where simultaneous application for a site plan, subdivision or conditional
use and for a variance is made: 120 days.
5.
On an application for subdivision of 10 or fewer lots: 45 days.
6.
On an application for subdivision of more than 10 lots: 95 days.
7.
On a minor site plan or minor subdivision: 45 days.
8.
On a site plan involving 10 acres of land or less and 10 or fewer
dwelling units: 45 days.
9.
On a site plan involving more than 10 acres or more than 10 dwelling
units: 95 days.
10.
On a conditional use application: 95 days.
11.
On a general development plan: 95 days.
[Ord. No. 2007-04]
The Township Committee shall enforce this chapter and any regulation
hereunder. A zoning permit, or other permit, certificate or authorization
as provided in this chapter and as may be appropriate, shall be required
as a condition precedent to (1) the erection, construction, alteration,
repair, remodeling, conversion, removal or destruction of any building
or structure, (2) the use or occupancy of any building, structure
or land, and (3) the subdivision or re-subdivision of any land. The
Zoning Officer, Code Enforcement Officer or such other administrative
officer and office as shall be established by the Township Committee
shall be responsible for the issuance of such permits, certificates
and authorizations upon the submission of such data, materials, plans,
plats and information as is authorized under this chapter and upon
the express approval of the appropriate state, county or Township
agencies. In case any building or structure is erected, constructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used in violation of this chapter, any proper Township
authority or any interested party, in addition to any other remedies,
may institute an appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure, or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
The Zoning Officer shall enforce the provisions of the Township's
Land Use Ordinances. The Zoning Officer shall investigate any violations
or alleged violations. The Zoning Officer shall require two sealed
plot plans prepared by a New Jersey licensed professional engineer,
land surveyor or architect drawn to scale and showing the size and
location of all existing and proposed dwellings, structures and other
facilities sufficient to enable the Zoning Officer to determine whether
all zoning requirements are met. The requirement for sealed plot plans
may be waived for additions, alterations or accessory structures to
existing single-family dwellings and a sketch prepared by the owner/applicant
accepted instead. If there is a question as to the size, location
or other zoning requirements, the Zoning Officer may require a sealed
location survey. The Zoning Officer, and also Construction Official,
or either of them shall have the right to enter any building or premises
during the daytime in the course of his duty after proper notification
and identification to the property owner or occupant.
The Zoning Officer shall keep a record of all applications for
zoning permits and a record of all permits issued, which shall be
public records. The Zoning Officer shall prepare a monthly report
to the Township Committee summarizing the period since the last report
of all zoning permits issued, complaints of violations received, and
action taken. The Zoning Officer shall also attend a monthly Land
Use Board meeting to provide the information, which information shall
also be available to the Construction Official and Tax Assessor.
[Ord. No. 2007-04]
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Township approval is required by ordinance pursuant to this
act, such person shall be subject to a penalty not to exceed $1,000
and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Township may institute and
maintain a civil action:
a.
For injunctive
relief; and
b.
To set
aside and invalidate any conveyance made pursuant to such a contract
of sale if a certificate of compliance has not been issued in accordance
with this chapter.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
[Ord. No. 2007-04]
The prospective purchaser, prospective mortgagee, or any other
person interested in any land which forms part of a subdivision, or
which formed part of such a subdivision three years preceding the
effective date of this Act, may apply in writing to the Zoning Officer
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the Land Use Board. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
The Zoning Officer shall make and issue such certificate within
15 days after the receipt of such written application and the fees
therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land," and shall certify:
a.
That there
exists in the Township a duly established Land Use Board and that
there is an ordinance controlling subdivision of land adopted under
the authority of this Act.
b.
Whether
the subdivision, as it relates to the land shown in said application,
has been approved by the Land Use Board, and, if so, the date of such
approval and any extensions and terms thereof, showing that subdivision
of which the lands are a part is a validly existing subdivision.
c.
Whether
such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in this act.
[Ord. No. 2007-04]
Any person who shall acquire for a valuable consideration an
interest in the lands covered by any such certificate of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the Township.
If the Zoning Officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the Township.
Any such application addressed to the Township Clerk shall be
deemed to be addressed to the proper designated officer and the municipality
shall be bound thereby to the same extent as though the same was addressed
to the designated official.
[Ord. No. 2007-04]
Any appeals from the Land Use Board decision shall be to the
Superior Court of New Jersey.
[Ord. No. 2007-04]
Any person who shall violate any of the provisions of this chapter
or fail to comply therewith, or with any of the requirements thereof,
or who shall erect, structurally alter, enlarge, rebuild or move any
building or buildings or any structure, or who shall put into use
any lot or land in violation of any detailed statement or plan submitted
hereunder, or who shall refuse reasonable opportunity to inspect any
premises shall be liable for a fine of not more than $2,000 or to
imprisonment for not more than 90 days, or both such fine and imprisonment.
Each and every day such violation continues shall be a separate and
distinct violation.
The owner of any building or structure, lot or land, or part
thereof, where anything in violation of this chapter shall be placed
or shall exist, and any architect, builder, contractor, agent, person
or corporation employed in connection thereof and who assists in the
commission of such violation shall each be guilty of a separate offense
and upon conviction thereof each shall be liable to the fine or imprisonment
or both.
[1]
Editor's Note: Pursuant to N.J.S.A. 40:49-5, any municipality
that chooses to impose a fine in an amount greater than $1,250 upon
an owner for violations of housing or zoning codes shall provide a
thirty-day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
