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.
[Ord. No. 2002-13 § 2]
A. 
Word Usage. Any word or term not defined herein shall be as defined in the Municipal Land Use Law, N.J.S.A., 40:55D-1 et seq., or shall be utilized in standard usage for the context in which the word is used. In interpreting this Article, words in one tense shall include other tenses or derivative forms; words in the singular shall include the plural and in the plural, the singular; either gender shall include the other; the word "shall" is mandatory; the word "may" is permissive.
B. 
Historic District Definitions.
1. 
ADDITION: The construction of a new improvement to a historic structure, which changes its exterior appearance.
2. 
ALTERATION: Any work done on a historic structure which changes its exterior appearance, excepting paint color.
3. 
DEMOLITION: The razing or removal of a structure, or any part thereof, of a historic structure.
4. 
HISTORIC DISTRICT: Any part of the City of Lambertville identified as a historic district on the Zoning Map established pursuant to § 301 of the Zoning Ordinance of the City of Lambertville.
5. 
HISTORIC SITE: Any real property such as a building, structure, ruins, foundation, route, trail, place or object including but not limited to a cemetery, burial ground or village area, or bicycle pathway, or a natural object(s), configuration, geological or geographical feature or formation which is not located in the district and which:
a. 
Is of particular historic, cultural, scenic or architectural significance to the City of Lambertville, and in which the broad cultural, political, economic or social history of the nation, state or community is reflected or exemplified; or
b. 
Is identified with historic personages or with important events in the main current of national, state or local history; or
c. 
Shows evidence of habitation, activity or the culture of prehistoric man; or
d. 
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
e. 
Represents a work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the City of Lambertville or other areas; or
f. 
Is imbued with traditional or legendary lore.
6. 
IMPROVEMENT: Any structure or part thereof constructed or installed upon real property and intended to be kept at the location for a period of not less than 60 continuous days.
7. 
REPAIR: Any work done on any historic structure or historic site that is not an addition and does not change its exterior appearance.
C. 
Other terms within this Ordinance that are not defined herein or by the Municipal Land Use Law shall be as defined in the Zoning Ordinance of the City of Lambertville.
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.
A. 
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 provisions of the "Open Public Meetings Act." P.L. 1975, c.231, (N.J.S.A. 10:4-6 et seq.), and agency regulations.
B. 
Minutes of every regular or special meetings shall be kept and shall include the names of the persons appearing and addressing the City Agency and of the persons appearing by attorney, the action taken by the City Agency, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use.
A. 
The City Agency shall hold a hearing on each application for development, or adoption, revision or amendment of the master plan or any review undertaken by a Planning Board pursuant to N.J.S.A. 40:55D-31.
B. 
The City Agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C. 
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," P.L. 1953, c. 38 shall apply.
D. 
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 to 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.
E. 
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the Agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F. 
The City Agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The City Agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.
G. 
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon in accordance with N.J.S.A. 40:55D-10g.
H. 
A copy of the decision shall be mailed by the Secretary of the City Agency 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 fee. A copy of the decision shall also be filed by the City Agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a fee and available for public inspection at his or her office during City business hours.
I. 
A brief notice of the decision shall be published in the official newspaper of the City, if there be one, or in a newspaper of general circulation in the City. Such publication shall be arranged by the Administrative Officer of the Approving Board. The applicant shall pay a fee as designated for publication of such notice.
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.
A. 
The Planning Board shall give:
1. 
Public notice of a hearing on adoption, revision or amendment of the master plan; such 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 at least 10 days prior to the date of the hearing;
2. 
Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoptions, revision or amendment of a master plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing;
3. 
Notice by personal service or certified mail to the County Planning Board of (a) all hearings on adoption, revision or amendment of the City master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of the master plan or revision or amendment thereto pursuant to N.J.S.A. 40:55D-13.
Any notice made by certified mail pursuant to §§ 109 and 110 of this Ordinance shall be deemed complete upon mailing.
A. 
Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
B. 
Notice by personal service or certified mail shall be made to the county planning board of (1) all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings, and (2) the adoption, revision or amendment of the City capital improvement program or City official map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal official map or the City capital program, or any proposed revision or amendment thereto, as the case may be.
C. 
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section 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.
A. 
Any interested party may appeal to the Governing Body any final decision of the Board of Adjustment approving an application for development pursuant to § 802D. (N.J.S.A. 40:55D-70d.). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 107I. The appeal to the Governing Body shall be made by serving the City Clerk in person or by certified mail with a notice of appeal specifying the grounds therefore and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Governing Body only upon the record established before the Board of Adjustment.
B. 
Notice of the meeting to review the record below shall be given by the Governing Body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 107H and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Governing Body shall provide for verbatim recording and transcripts of such meeting pursuant to § 107F.
C. 
The Governing Body shall conclude a review of the record below not later than 95 days from the date of receipt of the transcript of the hearing unless the appellant, together with the applicant, consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 107F., or otherwise, for use by the Governing Body. Failure of the Governing Body to hold a hearing and conclude a review of the record below and to render a decision within specified period, without such written consent, shall constitute a decision affirming the action of the Board.
D. 
The Governing Body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70.
E. 
The affirmative vote of a majority of the full authorized membership of the Governing Body shall be necessary to reverse, remand or modify any final action of the Board of Adjustment.
F. 
An appeal to the Governing Body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the Governing Body, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board of Adjustment and on good cause shown.
G. 
The Governing Body shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a fee to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the City, if there be one, or in a newspaper of general circulation in the City. Such publication shall be arranged by the City; provided that the applicant may arrange such publication if he so desires.
H. 
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
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.
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 any 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 Municipal Agency shall process such application for development in accordance with this Ordinance, and if such applicant for development complies with the requirements of this Ordinance, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the approving authority shall make a decision on any application for development within the time period provided in this Ordinance or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
[1]
Editor's Note: See Fees in § 800 of the Zoning Ordinance.