[Ord. No. 2002-13 § 3b]
A.
Subdivision and Site Plan Review. Pursuant to N.J.S.A. 40:55D-37,
approval of subdivision plats by resolution of the Planning Board
shall be required as a condition for the filing of such plats with
the County Recording Officer. Approval of site plans by resolution
of the Planning Board shall be required as a condition for the issuance
of a building permit or certificate of occupancy for any development,
except that subdivision or individual lot applications for detached
one or two dwelling-unit buildings shall be exempt from such site
plan review and approval; provided that the resolution of the Board
of Adjustment shall substitute for that of the Planning Board whenever
the Board of Adjustment has jurisdiction over a subdivision or site
plan pursuant to § 808B of this Ordinance.
B.
Certificates of Appropriateness. A Certificate of Appropriateness
issued by the Historic Preservation Commission and signed by the Chairman
and Secretary of the Commission shall be required before a construction,
demolition or sign permit may be issued and before the following work
may begin on any of the following activities on property within the
Lambertville Historic District:
1.
Demolition or relocation of an historic site or of any structure
in the historic district.
2.
Change in the appearance of an existing historic site or change
visible from the street of any structure within the historic district,
whether by addition, alteration or replacement.
3.
Any new construction of a principal or accessory structure in
the historic district or a historic site.
4.
Any sign erected, altered, located, relocated, constructed,
reconstructed, maintained, or changed in any manner within the historic
district or a historic site.
5.
Exceptions. A Certificate of Appropriateness shall not be required
for any repair in kind, or exact replacement of any existing structure.
If the repair or replacement does not conform to these regulations,
then a Certificate of Appropriateness shall be required.
6.
The Certificate of Appropriateness shall constitute the written
report required pursuant to N.J.S.A. 40:55D-110. Nothing herein shall
be construed to limit the powers of the Planning Board and Board of
Adjustment to approve site plans, subdivisions and other matters delegated
to it by law within the historic district or pertaining to historic
sites outside of the district. In such circumstance, the Certificate
of Appropriateness shall constitute advice and recommendation to the
Planning Board and Board of Adjustment on applications for development.
C.
County Planning Board Approval. Each application for subdivision
approval, where required pursuant to section 5 of P.L. 1968, c. 285,
and each application for site plan approval, where required pursuant
to section 8 of P.L. 1968, c. 285, shall be submitted by the applicant
to the County Planning Board for review or approval, as required by
the aforesaid sections, and the municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
[Ord. No. 94-24 § 6; Ord. No. 18-2016]
A.
The applicant shall submit 15 copies of his complete application
for subdivision, site plan, or conditional use approval to the secretary
of the Planning Board. The time for the Board's review shall not begin
to run until the submission of a complete application with the required
fee. Unless the applicant is informed in writing by the Secretary
of the Planning Board within 45 days of the actual submission of the
application that it is incomplete, said application shall be deemed
complete as of the date it was submitted.
B.
A complete application for preliminary approval shall consist of
the following:
1.
A properly completed Planning Board and Zoning Board of Adjustment
application form and checklist(s).
2.
The required fee.
3.
A site plan or subdivision plot plan on which the following
is set out:
a.
Scale, not to exceed one inch - 100 feet.
b.
Locator map showing all road intersections within 500 feet or
the nearest intersection, whichever is greatest.
c.
All structures, wooded areas and topography with two foot intervals,
except where the slope exceeds 15%, in which case contour intervals
may be five feet.
d.
All lot lines and owners of lots within 200 feet of the site.
e.
Streets, easements, watercourses and rights-of-way.
f.
Utility and drainage plans.
g.
Any extension of off-tract improvements necessitated by the
proposed development.
h.
A soil erosion and sedimentation control plan, pursuant to the
requirements of N.J.S.A. 4:24-39 et seq.
i.
In the case of a site plan, preliminary plans for elevations
and locations of structures, parking lighting, loading, signs and
landscaping.
j.
"Will-Serve" letters from utility providers.
C.
The Secretary of the Planning Board shall distribute the site plan,
subdivision and-or conditional use application for review and report,
and where required approval, as follows:
A.
Before approving a subdivision or site plan, the approving authority
may require that streets, public drainage ways, flood control basins
and public areas, designated for reservation on the master plan or
official map, must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of one year after the approval of the final plat or within
such further time as may be agreed to by the developer. Unless during
such period or extension thereof the City shall have entered into
a contract to purchase or institute condemnation proceedings according
to law for the fee or a lesser interest in the land comprising such
streets, ways, basins or areas, the developer shall not be bound by
such reservations shown on the plat and may proceed to use such land
for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainage ways necessitated by the subdivision
or land development and required for final approval.
The developer shall be entitled to just compensation for actual
loss found to be caused by such temporary reservation and deprivation
of use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
B.
Upon the submission to the approving authority of an application
for development showing development proposed for an area reserved
on the official map or master plan, the secretary of the approving
authority shall notify the Governing Body in writing of such application,
and that the approving authority intends to grant approval for said
development in the reserved area unless the Governing Body notifies
the approving authority prior to the date for final approval that
it intends to reserve the area in question and will provide compensation
to the developer for such reservation. Said notice of intent to reserve
shall be in the form of a resolution by the Governing Body. The Governing
Body shall thereupon proceed either to reach an agreement with the
developer as to the amount of compensation to be paid for such reservation,
or negotiate a purchase price for said reserved area. Upon the Governing
Body arriving at the amount to be paid the developer by way of compensation
for reservation or purchase, said amount shall be deposited in escrow
for the benefit of the developer.
Prior to approval of planned developments the Planning Board
shall find the following facts and conclusions:
A.
That departure by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Article VII of this Ordinance;
B.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
C.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
E.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
A.
Application.
1.
Less than 10 lots. Upon the submission to the secretary of the
Planning Board of a complete application for a site plan for 10 acres
of land or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer, except that
if the application for site plan approval also involves an application
for a relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of the
submission of a complete application to the secretary of the Planning
Board, or within such further time as may be consented to by the applicant.
2.
More than 10 lots. Upon the submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
B.
(Reserved)
C.
Failure of the reviewing board to reach a decision within the specified
time periods or extensions thereof shall result in the approval of
the subdivision and-or site plan and-or conditional use as submitted.
D.
The Planning Board may waive site plan approval requirements if the
construction or alteration or change of occupancy or use does not
affect existing circulation, drainage, relationships of buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
E.
If the reviewing board requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development. The reviewing board shall, if the proposed development
complies with the ordinance and N.J.S.A. 40:55D-1 et seq., grant preliminary
subdivision or site plan approval.
F.
Nothing herein shall be construed to limit the right of a developer
to submit a sketch plan to the reviewing board for informal review,
and neither the reviewing board nor the developer shall be bound by
any discussions or statements made during such review; provided that
the right of the developer at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his
submittal of a sketch plan and the time for the reviewing board's
decision shall not begin to run until the submission of a complete
application.
[Ord. No. 18-2016]
A public hearing shall be held on all applications for subdivision,
site plan and variance approvals. At the Zoning Officer's discretion,
a public hearing is not required for uses exempted from Site Plan
Review per Section 516.2 of the Zoning Ordinance as long as the proposed
project meets all of the other requirements within the Zoning Ordinance.
Preliminary approval of a major subdivision or site plan except
as provided in § 607D shall confer upon the applicant the
following rights for a three-year period from the date of the preliminary
approval:
A.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout size; yard dimensions and off-tract improvements;
and, in the case of a site plan, existing natural resources to be
preserved on the site; vehicular and pedestrian circulation, parking
and loading; screening, landscaping and location of structures; exterior
lighting both for safety reasons and street lighting; except that
nothing herein shall be construed to prevent the City from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
B.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan; and
C.
That the applicant may apply for and the reviewing board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
D.
In the case of a subdivision or site plan for an area of 50 acres
or more, the reviewing board may grant the rights referred to in paragraphs
A, B and C above for such period of time, longer than three years,
as shall be determined by the reviewing board to be reasonable taking
into consideration (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (2) economic conditions,
and (3) the comprehensiveness of the development. The applicant may
apply for thereafter and the reviewing board may thereafter grant
an extension to preliminary approval for such additional period of
time as shall be determined by the reviewing board to be reasonable
taking into consideration (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, and (2) the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval, (3) economic conditions and (4)
the comprehensiveness of the development; provided that if the design
standards may govern.
A.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval,
the conditions of preliminary approval; and, in the case of a major
subdivision, the standards prescribed by the "Map Filing Law," N.J.S.A.
46:26B-1 et seq., provided that in the case of a planned development,
the reviewing body may permit minimal deviations from the conditions
of preliminary approval necessitated by change of condition beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval.
B.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the secretary of the reviewing board,
or within such further time as may be consented to by the applicant.
Failure of the reviewing board to act within the period prescribed
shall constitute final approval of the application for final approval
as submitted and a certificate of the secretary of the reviewing board
as to failure of the reviewing board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other required evidence of approval.
C.
A complete application for final approval shall consist of the following
where applicable:
1.
A properly completed final subdivision site plan approval form;
2.
The required fee;
3.
A site plan in final form, including all the information shown
on the preliminary plan and conditions of preliminary approval;
4.
A subdivision plat conforming with the "Map Filing Act," N.J.S.A.
46:26B-1 et seq.
[Ord. No. 18-2017]
A.
The reviewing board when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of this ordinance, if the literal enforcement
of one or more provisions of this Ordinance is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
B.
The reviewing board when acting upon application for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of this Ordinance, if the literal enforcement
of one or more provisions of this Ordinance is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
C.
In accordance with the procedure set forth in Section 516 of the
Zoning Ordinance, upon submission of the applicant, the Zoning Officer
shall be authorized to perform an initial review of an application
seeking waiver of formal site plan review for compliance with the
standards set forth in these ordinances for granting of the waiver.
If appropriate, as set forth in Section 516 of the Zoning Ordinance,
the Zoning Officer may recommend in writing that the Board having
jurisdiction formally ratify the recommendation and grant the requested
waiver, with or without conditions, by itself or in connection with
any other action to be taken or relief to be granted with respect
to the application.
D.
Nothing herein shall otherwise limit the power of the Board having
jurisdiction to grant appropriate waivers, including waivers for submissions
in other contexts, as provided in the Municipal Land Use Law and the
City's Ordinances, such as waivers coupled with requests for bulk
variances or other appropriate relief.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to § 607 of this Ordinance, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval; provided that in the case of major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided in § 613 of this
Ordinance. If the developer has followed the standards prescribed
for final approval, and, in the case of a subdivision, has duly recorded
the plat as required in § 613 of this Ordinance, the Planning
Board may extend such period of protection for extensions of one year
but not to exceed three extensions, notwithstanding any other provisions
of this Ordinance, the granting of final approval terminated the time
period of preliminary approval pursuant to § 607 of this
Ordinance for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned development
of 50 acres or more or conventional subdivision or site plan for 150
acres or more, the reviewing board may grant the rights referred to
in paragraph A in this section for such period of time, longer than
two years, as shall be determined by the reviewing board to be reasonable
taking into consideration (1) the number of dwelling units and nonresidential
floor area permissible under final approval, (2) economic conditions
and (3) the comprehensiveness of the development. The developer may
apply for thereafter, and the reviewing board may thereafter grant,
an extension of final approval for such additional period of time
as shall be determined by the reviewing board to be reasonable taking
into consideration (1) the number of dwelling units and nonresidential
floor area permissible under final approval, (2) the number of dwelling
units and nonresidential floor area remaining to be developed, (3)
economic conditions and (4) the comprehensiveness of the development.
[Ord. No. 18-2016]
A.
Before recording of final subdivision plats, or as a condition of
final site plan approval, the approving authority may require and
shall accept in accordance with the standards adopted by this Ordinance
for the purpose of assuring the installation and maintenance of on-tract
improvements:
1.
The furnishing of a performance guarantee in favor of the City
in an amount not to exceed 120% of the cost of the installation for
improvements it may deem necessary or appropriate including: streets,
grading, pavement, gutters curbs, sidewalks, street lighting, shade
trees, surveyor's monuments, as shown on the final map and required
by the "Map Filing Law," P.L. 1960, c. 141 (C.46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and, in the case
of site plans only, other on-site improvements and landscaping. The
City Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the obligor.
2.
Provision for a maintenance guarantee to be posted with the
Governing Body for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed
of the improvements are covered by performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Governing
Body by resolution. As a condition or as part of any such extension,
the amount of the 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. The City Engineer shall determine the cost of the
improvements according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 as of the time of the passage of the resolution.
C.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligator and surety, if any,
shall be liable thereon to the City for the reasonable cost of the
improvements not completed or corrected and the City may either prior
to or after the receipt of the proceeds thereof complete such improvements.
D.
When all of the required improvements have been completed, the obligor
may request of the Governing Body in writing, by certified mail addressed
in care of the City Clerk, that the City Engineer prepare, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guarantee pursuant to subsection A.1 above,
a list of all uncompleted or unsatisfactory completed improvements.
The request shall indicate which improvements have been completed
and which improvements remain uncompleted in the judgment of the obligor.
Thereupon the City Engineer shall inspect all improvements covered
by the obligor's request and shall file a detailed list and report,
in writing, with the Governing Body, and shall simultaneously send
a copy therof to the obligor not later than 45 days after receipt
of the obligor's request.
The list prepared by the City Engineer shall state, in detail,
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the City Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guarantee pursuant to subsection A.1 above.
E.
The Governing Body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the City Engineer, or
reject any or all of these improvements upon the establishment in
the resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the City Engineer and appended to the performance
guarantee pursuant to subsection A.1 above. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the City Engineer. Upon adoption of the resolution by
the Governing Body, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved; provided
that 30% of the amount of the total performance guarantee posted may
be retained to ensure completion and acceptability of all improvements.
For the purposes of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved improvement shall be reduced by the
total amount for each such improvement, in accordance with the itemized
cost estimate prepared by the City Engineer and appended to the performance
guarantee pursuant to subsection A.1 above, including any contingency
factors applied to the cost of installation. If the sum of the approved
improvements would exceed 70% of the total amount of the performance
guarantee, then the City may retain 30% of the amount of the total
performance guarantee to ensure completion and acceptability of all
improvements.
F.
If any portion of the required improvements is rejected, the Governing
Body may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
G.
The obligor shall reimburse the City for all inspection fees paid
to the City Engineer for the foregoing inspection of improvements.
H.
To the extent that any of the improvements have been dedicated to
the City on the subdivision plat or site plan, the Governing Body
shall be deemed, upon the release of any performance guarantee required
pursuant to subsection A.1 above, to accept dedication for public
use of streets or roads and any other improvements made thereon according
to site plans and subdivision plats approved by the approving authority,
provided that such improvements have been inspected and have received
final approval by the City Engineer.
A.
The Planning Board shall waive notice and public hearing for an application for development if the Planning Board finds that the application for development conforms to the definition of "minor subdivision" in § 102 of this Ordinance. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this Ordinance.
B.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the Secretary
of the Planning Board, or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute minor subdivision approval and
a certificate of the Secretary of the Planning Board as to the failure
of the Planning Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law," N.J.S.A.
46:23-9.9 et seq. 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 accepted for such filing shall have been signed by the Chairman
and Secretary of the Planning Board. In reviewing the application
for development for a proposed minor subdivision the Planning Board
may accept a plat not in conformity with the "Map Filing Act" N.J.S.A.
46:23-9.9 et seq.; provided that if the developer chooses to file
the minor subdivision as provided herein by plat rather than deed
such plat shall conform with the provisions of the Municipal Land
Use Law.
D.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval; provided that the approved minor
subdivision shall have been duly recorded as provided herein.
A.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing
to the plat the signature of the Chairman and Secretary of the reviewing
Board, or a copy of the certificate of the Secretary of the reviewing
Board indicating that the reviewing Board failed to reach a decision
on the subdivision application within the prescribed time. The signatures
of the Chairman and Secretary of the reviewing Board shall not be
affixed until the developer had posted the guarantees required pursuant
to § 611.
[N.J.S.A. 40:55D-55]
A.
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 City approval is required by this Ordinance, 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.
A.
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 August 1,
1976, may apply in writing to the Administrative Officer for the issuance
of a certificate certifying whether or not such subdivision has been
approved by the Planning 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.
B.
The Administrative 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 or her office.
C.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land," and shall certify:
1.
That there exists in the City of Lambertville a duly established
Planning Board and that there is an ordinance controlling subdivision
of land adopted under the authority of the "Municipal Land Use Law"
of 1975, c.291.
2.
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning 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.
3.
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in N.J.S.A. 40:55D-1 et seq. (N.J.S.A. 40:55D-56).
D.
The City Clerk shall be entitled to demand and receive for such certificate
issued by him a reasonable fee not in excess of those provided in
R.S. 54:5-14 and 15. The fees so collected by the City Clerk shall
be paid by him or her to the City.
[Ord. No. 2002-13 § 3b]
The Planning Board and Board of Adjustment shall make available
to the Historic Preservation Commission an informational copy of every
application submitted to either Board for development in a historic
zoning district or on historic sites designated on the zoning map,
official map or in the historic preservation element of the master
plan. Failure to make the informational copy available shall not invalidate
any hearing or proceeding. The Historic Preservation Commission may
provide its advice, which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing on
any application within the Lambertville Historic District and to explain
any written report, which may have been submitted. Notwithstanding
any other provisions of the Zoning Ordinance of the City of Lambertville,
no construction permit shall be issued by the Construction Code Official
prior to Planning Board or Board of Adjustment approval of an application
for development of the following activities:
A.
Demolition or relocation of an historic site or of any structure
in a historic district.
B.
Change in the appearance of an existing historic site or change visible
from the street of any structure within the Lambertville Historic
District, whether by addition, alteration or replacement.
C.
Any new construction of a principal or accessory structure in the
historic district or on the same lot as a historic site.
D.
Any sign erected, altered, located, relocated, constructed, reconstructed,
maintained, or changed in any manner within the Lambertville Historic
District.
E.
Referral of an application for development to the Historic Preservation
Commission shall not apply to any repair in kind, or the exact replacement
of any existing structure.
