This Ordinance shall be known and may be cited as the "Land
Development Review Ordinance of the City of Lambertville, New Jersey."
This Ordinance is hereby ordained to carry out the purposes
set forth in New Jersey Revised Statutes 40:55D-2.
The Governing Body, Planning Board and Zoning Board of Adjustment
shall adopt, and may amend reasonable rules and regulations, not inconsistent
with the Municipal Land Use Law or this Ordinance for the administration
of their functions, powers and duties, and shall furnish a copy thereof
to any person upon request and may charge a reasonable fee, as established
by Zoning § 800, for such copy. Copies of all such rules
and regulations and amendments thereto shall be maintained in the
office of the City Clerk.
Every City Agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the City Agency 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. The City Agency
may provide for special meetings, at the call of the Chairman, or
on request of any two of its members and the public in accordance
with the provisions of the "Open Public Meetings Act," P.L. 1975,
c.231, and agency regulations. No action shall be taken at any meeting
without a quorum being present. All sections shall be taken by a majority
vote of a quorum except as otherwise required by § 114E
and § 207, of this Ordinance. Nothing herein shall be construed
to contravene any statue providing for procedures for governing bodies.
Notices pursuant to §§ 109 and 110 shall state
the date, time and place of the hearing, the nature of the matters
to be considered, and, in the case of notices pursuant to § 109,
an 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 City Tax Assessor's office, and
the location and times at which any maps and documents for which approval
is sought are available pursuant to § 107 of this Ordinance.
Notice pursuant to § 109A, B, C, F and G shall be
given by the applicant and shall be given at least 10 days prior to
the date of the hearing.
A. Public notice of a hearing on an application for development shall
be given except for (1) conventional site plan review pursuant to
§ 601A, except as otherwise required by § 606;
(2) minor subdivisions pursuant to § 612; or (3) final approval
pursuant to § 608; provided that public notice shall be
given in the event that relief is requested pursuant to § 206
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 City, if there be one, or in a newspaper
of general circulation in the City.
B. Notice of a hearing requiring public notice pursuant to § 109A
shall be given to the owners of all real property as shown on the
current tax duplicate, located within 200 feet in all directions of
the property which is the subject of such hearing and in accordance
with N.J.S.A. 40:55D-12. Notice shall be given by: (1) serving a copy
thereof on the property owner as shown on the aid 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. 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.
C. 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 § 109B. The applicant
shall be entitled to rely upon the information contained in such list,
and failure to give notice to any owner not on the list shall not
invalidate any hearing or proceeding. A fee of $10 shall be charged
for such list.
D. 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.
E. Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
F. 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.
G. 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 City Clerk pursuant to § 107B.
H. The applicant shall file an affidavit of proof of service with the
City Agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
Any notice made by certified mail pursuant to §§ 109
and 110 of this Ordinance shall be deemed complete upon mailing.
The City Clerk shall file, with the County Planning Board as
soon after passage as possible, all development regulations, including
this one and any amendments or revisions thereto, and file and maintain
for public inspection copies of said regulations in his or her office.
The Governing Body shall enforce this Ordinance. 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 Ordinance, the Governing Body and its agents
or an interested party, in addition to other remedies, may institute
any 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.
In the event that, during the period of approval heretofore
or hereafter 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 or welfare and the developer is
otherwise ready, willing and able to proceed with said development,
the running of the period of approval under this Ordinance shall be
suspended for the period of time said legal action is pending or such
directive or order is in effect.