Editor's Note: Pursuant to Ordinance No. 2001-22,
the phrase "land use board" replaces the phrases "planning board,"
"zoning board of adjustment," "zoning board" or "board of adjustment"
wherever these phrases appear in the Revised General Ordinances of
the Township of Wantage.
[Ord. 10/13/76; Ord. #80-08; ; Ord. #84-07 Ord. #86-04; Ord.
#93-11; Ord. #01-22; Ord. #2005-18]
There is hereby established in the Township of Wantage pursuant
to N.J.S.A.
40:55D-23 a board entitled the Wantage Township Land Use Board
of nine members consisting of the following four classes:
a.
Class I: The mayor or the mayor's designee in the absence of
the mayor.
b.
Class II: One of the officials of the municipality other than a member
of the governing body, to be appointed by the mayor.
c.
Class III: A member of the governing body to be appointed by it.
d.
Class IV: Other citizens of the municipality to be appointed by the
mayor.
The mayor shall have the authority to appoint up to four alternate
members who shall meet the qualifications of class IV members and
shall be designated at the time of appointment as alternates No. 1
through 4. Alternate members may participate in discussions of the
board proceedings but may not vote except in the absence or disqualification
of a regular member of any class.
The term of the member composing class I shall correspond with
his official tenure. The terms of the members composing class II and
class III shall be for one year or terminate at the completion of
their respective terms of office, whichever occurs first. The term
of a class II member who is also a member of the environmental commission
shall be for three years or terminate at the completion of his term
of office as a member of the environmental commission, whichever comes
first.
The terms of all class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the township committee, provided however that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the planning board, all of
whom shall continue in office until the completion of the term for
which they were appointed. Thereafter all class IV members shall be
appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment was made.
The terms of alternate members shall be for two years except
that of the alternate members first appointed, one shall be appointed
for a one-year term and one shall be appointed for a two-year term,
said terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a class I member, after a public
hearing if he requests one, may be removed by the township committee
for cause.
The land use board shall elect a chairman and vice-chairman
from the members of class IV and select a secretary who may be either
a member of the land use board or a township employee designated by
it.
There is hereby created the office of land use board attorney.
The land use board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the land use board attorney
who shall be an attorney other than the township attorney.
In addition, the land use board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the township committee
for its use.
a.
The land use board shall have and exercise all of the powers, duties
and procedures prescribed or necessarily implied by the Municipal
Land Use Law for planning boards and shall have further powers, duties
and procedures prescribed by ordinance adopted pursuant to the Municipal
Land Use Law.
b.
In addition to the powers set forth in paragraph a., the land use
board shall exercise, to the same extent and subject to the same restrictions,
all of the powers of a board of adjustment: but the class I and the
class III members shall not participate in the consideration of applications
for development which involve relief pursuant to subsection (d) of
N.J.S.A. 40:55D-70.
a.
Minor subdivisions. Upon submission of a complete application, the
land use board shall grant or deny minor subdivision or site plan
approvals within 45 days of certification of completion of such submission
or within such further time as may be consented to by the developer.
Approval of a minor subdivision shall expire 190 days from the date
of land use board approval unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law" or a
deed clearly describing the approved minor subdivision, is filed by
the developer with the county recording officer, the municipal engineer
and the municipal tax assessor. Any such plat or deed must be signed
by the chairman and secretary of the land use board before it will
be accepted for filing by the county recording officer.
b.
Preliminary approval, site plans and subdivisions. Upon submission
of a complete application for a site plan which involves 10 acres
of land or less and 10 dwelling units or less, or for a subdivision
of 10 or fewer lots, the land use board shall grant or deny preliminary
approval within 45 days of certification of completeness of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which
involves more than 10 acres or more than 10 dwelling units, or for
a subdivision of more than 10 lots, the land use board shall grant
or deny preliminary approval within 95 days of the date of certification
of completeness of such submission or within such further time as
may be consented to by the developer.
Otherwise the land use board shall be deemed to have granted preliminary approval to the subdivision or site plan and the applicant shall comply with the provisions of subsection 15-3.14.
c.
Ancillary powers. Whenever the land use board is called upon to exercise its ancillary powers as set forth in paragraph h of subsection 15-1.7 of this chapter, the land use board shall grant or deny approval of the application within 95 days of certification of completeness of said application by the developer or within such further time as may be consented to by the applicant. Failure of the land use board to act within the period prescribed shall constitute approval of the application and a certificate from the secretary of the land use board as to the failure of the land use board to act shall be issued upon request of the applicant.
d.
Final approval. Application for final subdivision or site plan approval
shall be granted or denied within 45 days of certification of completeness
of the application or within such further time as may be consented
to by the applicant. Failure of the land use board to act within the
period prescribed shall constitute approval of the application and
a certificate from the secretary of the land use board as to the failure
of the land use board to act shall be issued upon request of the applicant.
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 land use 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.
a.
Certification of completeness of application. Applications for development within the jurisdiction of the land use board shall be reviewed for completeness in accordance with the provisions of subsection 15-3.8 of this chapter.
b.
Procedure for filing application. Applications for development within
the jurisdiction of the land use board, pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq. shall be filed with the clerk/administrator.
Applicants shall file at least 28 days before the date of the monthly
meeting of the board:
1.
Three copies of any conceptual plan to be reviewed by the board,
for which no charge shall be made;
2.
Three copies of applications for minor subdivision approval;
3.
Three copies of applications for major subdivision approval;
4.
Three copies of an application for either major or minor site plan
review, conditional use approval or planned development.
At the time of filing this application, but in no event less
than 10 days prior to the date set for hearing, the applicant shall
also file all plot plans, maps or other papers required by virtue
of any provision of this chapter or any rule of the land use board.
The applicant shall also obtain all necessary forms from the
secretary of the land use board. The secretary of the land use board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the land use board.
The mayor may appoint one or more persons as a citizens advisory
committee to assist or collaborate with the land use board in its
duties, but such person or persons shall have no power to vote or
take other action required of the board. Such person or persons shall
serve at the pleasure of the mayor.
Whenever the environmental commission has prepared and submitted
to the land use board an index of the natural resources of the township;
the land use board shall make available to the environmental commission
an informational copy of every application for development to the
land use board. Failure of the land use board to make such informational
copy available to the environmental commission shall not invalidate
any hearing or proceeding.
The board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply.
Any variance from the terms of this chapter hereafter granted
by the land use board permitting the erection of alteration of any
structure or permitting a specified use of any premises shall expire
by limitation unless such construction or alteration shall have been
actually commended on each and every structure permitted by said variance
or unless such specified use has actually been commenced within one
year from the date of publication of the notice of the decision of
the board granting the variance; except, however, that the running
of the period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the board to the governing
body or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
[Ord. 10/13/76; Ord. #80-08; Ord. #84-07; Ord. #86-04; Reserved
by Ord. #01-22, S3]
[1]
Editor's Note: Former section 15-2. Zoning Board of Adjustment,
was repealed in its entirety by Ordinance No. 01-22. Pursuant to Ordinance
No. 01-22, the phrase "land use board" replaces the phrases "zoning
board of adjustment," "zoning board" and "board of adjustment" wherever
the phrases appear in the Revised General Ordinances of the Township
of Wantage.
[Ord. 10/13/76; Ord. #80-08; Ord. #84-07; Ord. #86-04; Ord.
#88-17; Ord. #88-09; Ord. #89-03; Ord. #2002-14; Ord. #2002-19; Ord.
#2003-15]
No member of the land use board shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
a.
Meetings of the land use board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by a majority vote of the members present
at the meeting except as otherwise required by any provision of N.J.S.A.
40:55D-1 et seq. (See Board Rules). Failure of a motion to receive
the number of votes required to approve an application for development
shall be deemed an action denying the application.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, C. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either board shall not be deemed
a regular or special meeting in accordance with the provisions of
C.40:55D-9.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
board and of the persons appearing by attorney, the action taken by
the board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the township clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the board.
[1]
Editor's Note: Former subsection 15-3.4, Fees and Escrow
Deposits, previously codified herein was repealed in its entirety
by Ordinance No. 2003-15.
a.
Rules. The planning board and zoning board of adjustment shall make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of c. 40:55D-1 et seq.
or of this ordinance.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, C. 1938 C. 2A:67A-1 et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
f.
When any hearing before the planning board or zoning board of adjustment
shall carry over two or more meetings a member of the board who was
absent for one or more of the meetings shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his
absence from one or more of the meetings; provided, however, that
such board member has available to him a transcript or a recording
of the meeting from which he was absent, and certifies in writing
to the board that he has read such transcript or listened to such
recording.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., including conventional site plan (with the exception of changes in use or occupancy in shopping village development (section 13-10) provided same is permitted by ordinance), or as to any matter coming before the zoning board of adjustment, the applicant shall give notice thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the township at least 10 days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property located
in this State as shown on the current tax duplicate or duplicates
within 200 feet in all directions of the property which is the subject
of such hearing, and whether located within or without the township.
Such notice shall be given by:
1.
Serving a copy thereof on the owner, as shown on the said current
tax duplicates, 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 or duplicates.
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The above requirements shall be deemed satisfied where condominiums
or horizontal property regimes are within 200 feet of applicant's
property, by making service in the following manner:
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1.
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If the applicant's property abuts a condominium and the
owner of any unit is within 200 feet of the applicant's property
and said unit has a unit above or below it, by giving notice to the
condominium association.
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2.
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If the applicant's property abuts a horizontal property
regime and an apartment of the co-owner is within 200 feet of the
applicant's property and such apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
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3.
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If the applicant is the owner of a condominium unit or co-owner
of an apartment, notice shall be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
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A return receipt is not required. Notice to a partnership owner
may be made upon any partner. Notice to a corporate owner may be made
by service upon its president, vice-president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Where a condominium association, horizontal property
regime, community trust or homeowner's association, own grass,
landscaped areas, driveways, parking lots, recreational facilities,
etc., which are common elements or areas, that are within 200 feet
of the property which is the subject of a hearing, notice 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.
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c.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 15-3.6b to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
county planning board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situate within 200 feet of a borough boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the township clerk pursuant to N.J.S.A. 40:55D-10(b).
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of C. 40:55D-14.
i.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the township tax assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
j.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the township clerk.
k.
Notice pursuant to paragraphs c, d, e, and f of this subsection shall
not be required unless public notice pursuant to paragraph a and paragraph
b of this subsection is required. Notice under paragraphs a and b
is not required for (1) conventional site plan review, (2) minor subdivision
approval, or (3) final approval pursuant to N.J.S.A. 40:55D-50.
Pursuant to the provisions of N.J.S.A. 40:55D-12c the tax assessor of the township shall, within seven days after receipt of a request therefore, and upon receipt of a fee not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 15-3.6b of this chapter.
An application for development 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. 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: (a) the application
lacks information indicated on a check list as hereinafter specified,
a copy of which shall have been provided to the applicant; and (b)
the municipal agency 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. 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 herein 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 the ordinance or any revisions in the accompanying documents as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for the 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 agency.
The checklist requirements for applications for development
are as follows:[1]
a.
Checklist for all applications for development.
b.
Additional checklist requirements for minor site plan, minor subdivision,
preliminary site plan, preliminary major subdivision, final site plan
and final major subdivision.
c.
Additional checklist requirements for appeals pursuant to N.J.S.A.
40:55D-70(a); for ordinance or map interpretations or special questions
under N.J.S.A. 40:55D-70(b), for variances under N.J.S.A. 40:55D-70(c)
and N.J.S.A. 40:55D-70(d); for planning variances pursuant to N.J.S.A.
40:55D-34 and 40:55D-36 and for conditional uses.
[1]
Editor's Note: The checklists referred to herein is included as an attachment to this chapter.
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the board which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the board within 10 days
of the date of decision to the applicant, or if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the board for such service. A copy of the decision
shall also be filed in the office of the township clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the township.
c.
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in the act for action by the municipal agency on the application for
development; or
2.
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the municipal
agency 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. An action pursuant to N.J.S.A.
40:55D-9 (resulting from the failure of a motion to approve an application)
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. The vote on any such resolution
shall be deemed to be a memorialization of the action of the municipal
agency and not to be an action of the municipal agency; however, the
date of the adoption of the resolution shall constitute the date of
the decision for purposes of the mailings, filings and publications
required under sub-section 15-4.10. If the municipal agency fails
to adopt a resolution or memorializing resolution as herein above
specified, any interested party may apply to the Superior Court in
a summary manner for an order compelling the municipal agency to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorney's fees, shall be
assessed against the municipality.
d.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as provided above notwithstanding the time at which the action occurs
within the applicable time period for rendering a decision on the
application.
A brief notice of every final decision shall be published in
the official newspaper of the township. Such publication shall be
arranged by the secretary of the planning board, or zoning board of
adjustment, as the case may be, without separate charge to the applicant.
The notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
Pursuant to the provisions of C. 40: 55D-39 and C. 40: 55D-65,
every application for development submitted to the planning board
or the zoning board of adjustment shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the township will be adequately protected.
a.
A corporation or partnership applying to a municipal agency for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units,
or for approval of a site to be used for commercial purposes, shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class, or at least 10% of
the interest in the partnership, as the case may be.
b.
If a corporation or partnership owns 10% or more of a stock of a
corporation, or 10% or greater interest in a partnership, subject
to disclosure pursuant to paragraph a of this subsection, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock, or of 10% or greater interest in
the partnership, as the case may be, and this requirement shall be
followed by every corporate stockholder or partner in a partnership
until the names and addresses of the non-corporate stockholders and
individual partners exceeding the 10% ownership criterion have been
listed.
a.
Conditions precedent. Whenever any application for development is
approved subject to specified conditions, intended to be fulfilled
before the approval becomes effective, said conditional approval shall
lapse and become null and void unless all specified conditions are
fulfilled within 190 days of the date of conditional approval.
b.
The fulfillment of all conditions precedent shall be reported in
writing to the municipal agency, which may cause such reports to be
verified in an appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or site plan be assigned or any required
building permit, occupancy permit or zoning permit be issued.
c.
Conditions subsequent. Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled, or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within six months from the date of the final approval
of the application for development shall be grounds for the issuance
of a stop work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
d.
Nothing herein contained shall be construed as preventing the municipal
agency from specifying a longer period of time within which any specific
condition must be fulfilled, or from granting, upon an ex parte application
an extension of time for fulfilling a condition for good cause shown.
e.
The fulfillment of all conditions shall be reported in writing to
the municipal agency which may cause such reports to be verified in
an appropriate manner. Only upon fulfillment of all conditions shall
any subdivision map or site plan be signed or any required building
permit, occupancy permit, zoning permit or other required approval
be issued.
An applicant shall comply with the provisions of this section
whenever the applicant wishes to claim approval of his application
for development by reason of the failure of a municipal agency to
grant or deny approval within the time periods specified in the Municipal
Land Use Law and this chapter:
a.
Applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to subsection (a) of N.J.S.A. 40:55D-12b. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b.
The applicant shall file an affidavit of proof of service and publication
with the secretary of the planning board or zoning board of adjustment
as the case may be.
a.
Developers agreements. The township may require upon approval of
a development that the applicant enter into a developers agreement
with the township to ensure that the project is completed in accordance
with the resolution of approval adopted by the Municipal Land Use
Board.
b.
Form of developers agreement, deeds and easements. The form of developers
agreement, as well as any deeds or easements to be conveyed to the
township, shall be in a form acceptable to the Wantage Township Attorney.
Prior to these documents being prepared, the person responsible for
preparing the documents for the applicant must contact the township
attorney's office in order to make sure that the approved form
of developers agreement, deed or easement is used. Furthermore, simultaneously
with the township attorney reviewing the deeds or easements, the applicant
must, at a minimum, provide a title report providing clear title to
the township, or an updated search, or an opinion letter from the
applicant's attorney that there are no liens and that the deed
or easement conveys clear title.
[Ord. 10/13/76; Ord. #80-08]
An appeal to the zoning board of adjustment may be taken by
any interested party affected by any decision of the administrative
officer of the township based on or made in the enforcement of the
zoning chapter or official map. Such appeal shall be taken within
20 days by filing a notice of appeal in the manner set forth in subsection
15-2.7a of this chapter, and in accordance with provisions of N.J.S.A.
40:55D-64 et seq. of the Municipal Land Use Law of 1975 as amended.
[Ord. 10/13/76; Ord. #80-08; Ord. #86-04; Ord. #88-14]
Whenever a term is used in this chapter or in the Land Subdivision
Ordinance, Land Disturbance Ordinance, Site Plan Review Ordinance
or Zoning Ordinance of the Township of Wantage, which is defined in
N.J.S.A. 40:55D-1 et seq. as amended, such term is intended to have
the meaning set forth in the definition of such term found in said
statute unless said term is specifically defined in any of the aforementioned
ordinances, in which event said term as defined shall be construed
to be applicable to all of said ordinance unless a contrary intention
is clearly expressed or implied from the context in which such term
is used.
All sections of the land subdivision ordinance, zoning ordinance,
site plan review ordinance or any other ordinance of the township
which contains provisions contrary to the provisions of this chapter
shall be and are hereby, to the extent of such inconsistency, repealed.
a.
Whenever it is required as a condition to subdivision or site plan
approval that a performance guarantee must be furnished in favor of
the municipality in an amount not exceeding 120% of the estimated
cost of any required improvements within a stated time, the time allowed
for installation of the improvements for which the performance guarantee
has been provided may be extended by the township committee by resolution.
As a condition of or as part of any such extension, the amount of
any performance guarantee shall be increased or reduced, as the case
may be, to an amount not to exceed 120% of the cost of the installation
as determined as of the time of passage of the resolution.
b.
Upon substantial completion of all required appurtenant utility improvements
and the connection of same to the public system, the obligor may notify
the township committee in writing of such completion or substantial
completion as provided for in N.J.S.A. 40:55D-53d, and after inspection
and report of the municipal engineer, the township committee may approve,
partially approve or reject the improvements. Where partial approval
is granted, the bond of the obligor may be reduced provided that 30%
of the amount of the performance guarantee posted may be retained
to insure completion of all improvements. Notice shall be given to
the obligor as required by N.J.S.A. 40:55D-53e.
c.
The obligor and any such bond shall reimburse the township for all
reasonable inspection fees paid to the municipal engineer for any
such inspections of improvements and the developer shall post a deposit
to cover such fees in such amount as required by the municipal agency
having jurisdiction.
d.
Maintenance guarantees. The developer shall, if required by the reviewing
municipal board, in addition to the posting of a performance guarantee,
post with the township a maintenance guarantee. Said maintenance guarantee
shall be for a period of two years after final acceptance of the improvement,
in an amount not to exceed 15% of the cost of the improvement. The
reviewing municipal board shall determine, based upon a recommendation
from the township engineer, which of the improvements installed by
the developer shall be so guaranteed. The township shall not require
any of the maintenance guarantee to be in the form of a cash deposit.
However, the developer shall have the option, if he so desires, to
make such guarantee in the form of a cash deposit in lieu of posting
a performance bond or letter of credit. In the event the developer
posts a performance bond or a letter of credit it shall be in a form
acceptable to the township attorney, township engineer and township
committee.
e.
In the event other governmental agencies or public utilities will
automatically own the improvements or utilities installed by the developer,
or in the event said improvements or utilities are covered by a 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.
All applications for development filed prior to August 1, 1976 may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 15-4.
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Township of Wantage.
In accordance with the provisions of N.J.S.A. 40: 55D-16, development
regulations, except for the official map, shall not take effect until
a copy thereof shall be filed with the county planning board. A zoning
ordinance or amendment or revision thereto which, in whole or in part,
is inconsistent with or not designed to effectuate the land use plan
element of the master plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40: 55D-62 shall be filed with the
county planning board.
[Ord. #90-0; Ord. #99-02; Ord. #2005-19; Ord. #2009-06]
A developer, as a condition of approval of an application for
development, may be required to pay impact fees or a pro rata share
of the cost of providing only reasonable and necessary street improvements,
water facilities, sewage facilities, drainage facilities, and easements
therefor located outside the property limits of the development but
reasonably related to construction or improvements within the development
as set forth herein.
a.
Improvements to be constructed at the sole expense of the developer.
In cases where an off-tract improvement or improvements are reasonably
related to construction or improvements within the development and
where no other property owners receive a special benefit thereby,
planning board, or zoning board of adjustment hereinafter referred
to as the reviewing municipal board, shall require the developer,
as a condition of approval, at the developer's sole expense,
to provide for and construct such improvements as if such were on
tract improvements in the manner provided hereafter and as otherwise
provided by law.
b.
Contributions by developer toward required off-tract improvements.
1.
In cases where an off-tract improvement or improvements are reasonably
related to construction or improvements within the development and
where the reviewing municipal board determines that properties outside
the development will also be benefited by the improvements, such determination
shall be made by the reviewing municipal board, in writing. Such resolution
or determination of the board shall specify the off-tract improvement
or improvements which are reasonably related to construction or improvements
within the development and the terms and conditions which shall be
imposed upon the developer to ensure the successful and reasonable
implementation of the same. General criteria to be considered by the
reviewing municipal board include the total cost of the off-tract
improvement, the benefits conferred and the needs created by the development,
the benefit of the improvement to the development and the general
area of the development and the area served by the improvement, the
population and land use projections for the general area of the developer's
property and other areas to be served by the off-tract improvement,
the estimated time for construction and the condition and periods
of usefulness of the improvement, which periods may be based in part
upon the criteria of N.J.R.S. 40A:2-22. In addition, the need to protect
the health, safety and general welfare of the township and the area
should be considered as well as the township development ordinances
and master plan. The board may seek the assistance of the board attorney,
engineer and other consultants, qualified experts or township officials.
2.
In the event that the reviewing municipal board determines that one
or more improvements constitute off-tract improvements, the board
shall notify the township committee, specifying the board's recommendation
relative to the estimated cost of the same, the developer's prorated
share of the cost and possible methods or means to implement the same,
including but not limited to performance and maintenance guaranties,
cash contributions, development agreements, construction by the developer
or construction by the township.
3.
The reviewing board shall not grant final approval on the development
until all aspects of such conditions have been mutually agreed upon
by both the developer and the township committee and a written resolution
to that effect by the township committee has been transmitted to the
reviewing municipal board.
c.
Methods of construction. When the recommendation of the reviewing
municipal board is received by the township committee together with
estimates of the cost of construction, the township committee shall
then decide whether the off-tract improvement is to be constructed
by the township as a general improvement; by the township as a local
improvement; by the applicant solely; or by the applicant under a
formula providing for partial reimbursement by the township for benefits
to properties other than the development.
d.
Methods of implementation.
1.
Performance and maintenance guaranties. The reviewing municipal board
may require a performance guarantee and/or maintenance guarantee to
insure the construction of an off-tract improvement as a condition
of approval of the development.
2.
Developer's agreement. The reviewing municipal board may require
as a condition of approval a developer's agreement to be entered
into between the applicant and the township committee governing the
installation of improvements within and outside of the development,
including off-tract improvements. Said agreement shall be approved
as to form by the reviewing municipal board, board attorney and board
engineer. The agreement shall specify the manner of construction of
the improvements, the amount of cash contributions and amount and
form of performance and maintenance guaranties, the timing of the
installation and payment of contributions and the posting of performance
guaranties and maintenance guaranties and other appropriate obligations
of the parties.
3.
Cash contributions.
(a)
Any and all monies received by the treasurer shall be deposited in
an escrow account for the purpose of undertaking the improvement specified.
If the township has not expended those funds within eight years after
collection, the funds shall be returned to the developer upon application.
4.
Cash contributions when not required. Cash contributions for off-tract
improvements shall not be required under the following conditions.
(a)
Where another county or state agency has jurisdiction over the subject
improvement and requires a cash contribution, guaranty or other surety
of the applicant in lieu of such conditions imposed by the township.
(b)
Where a benefit assessment or other similar tax levy is imposed upon
the applicant for the off-tract improvement provided.
(c)
Where the applicant, where permitted by the reviewing municipal board,
undertakes the improvement in lieu of the township, subject to standards
and other conditions as may be imposed by the board and township committee.
5.
Pro rata formula for determining applicant's share of off-tract
improvements. Where an off-tract improvement is required, the following
criteria shall be utilized in determining the proportionate share
of such improvement to the applicant:
(a)
Transportation district and road trust fund.
(1)
Purpose. This section is intended to insure a pro rata share
allocation of the cost for off-tract improvements necessitated by
new development and to achieve the following purposes.
[a]
Insure a fair and equitable pro rata share allocation of the
cost for off-tract improvements necessitated by new development within
the township;
[b]
To encourage safe and efficient traffic flow along the roadway
system serving the township;
[c]
To maintain satisfactory levels of traffic service throughout
the township during the peak travel times;
[d]
To assess future development its fair share of the cost of reasonable
and necessary off tract improvements;
[e]
To raise revenue that will be managed and expended in such a
manner and time that the development paying the fee will receive a
benefit from the improved roads and related facilities;
[f]
To encourage development that is compatible with and carries
out the land use and circulation plan objectives of Wantage Township
and other regional and state planning incentives that match Wantage
Township's goals and objectives;
[g]
To accomplish objectives through thoughtful and cooperative
planning between all levels of government and the private sector for
the benefit of all residents and businesses in Wantage Township; and
[h]
To provide for off-tract improvement that will insure continued
protection of the natural environment of Wantage Township and minimize,
to the extent reasonably practical, any adverse impact to the public
health, safety, general welfare and environment.
(2)
Subdivisions/Guidelines. As a condition of any subdivision,
the approving land use agency (land use board) may require an applicant
to pay a pro rata share of the costs in providing reasonable and necessary
traffic related improvements including land and easements located
off-tract of the property of the subdivision or development when necessitated
or required by the development. These necessary improvements are those
clearly, directly and substantially related to the development in
question. The approving land use agency shall provide in its resolution
of approval the basis for the required improvements. The capacity
and design of the proposed improvements shall be based upon the circulation
plan element of the adopted master plan. The proportionate or pro
rata amount of the cost of such facilities within a related or common
area shall be based upon the following criteria in paragraph (3) below.
[a]
(Reserved)
[b]
Development applications made by a municipal agency for the
construction of a public building shall be exempt from the requirements
of the payment of an off-tract improvement fee as set forth in this
paragraph d.5(a), provided that the governing body of the township
reaches a finding that the proposed facility will serve a public purpose
and promote the public health, safety and general welfare. The traffic
impact, if any, of such a public building shall be considered as part
of the general sector share of cost of infrastructure improvements.
(3)
Cost Allocation.
[a]
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owners receive
special benefit of the improvement, the applicant may be required,
at applicant's sole expense and as a condition of approval, to
provide and install such improvements.
[b]
Proportionate allocation.
[1]
Where it is determined that properties outside
the development will also be benefited by the off-tract improvements,
the following criteria shall be used in determining the proportionate
share of the costs of such improvements to the developer.
[2]
Allocation formula:
(i)
Roadways. The applicant's proportionate share
of street improvements, alignment, channelization, barriers, new improved
traffic signalization signs, curbs, sidewalks, trees and utilities,
the construction or reconstruction of new or existing streets and
other associated street or traffic improvements shall be as follows
in paragraph d, 5(a)(3)[a][3].
(ii)
Drainage. (Reserved)
[3]
Assessment of allocation. Before apportioning the
cost of off-tract improvements to an applicant, the appropriate land
use board shall notify and afford the applicant an opportunity to
be heard thereon at a public meeting. If the applicant shall deem
that any of the amounts so estimated by the appropriate land use board
are unreasonable, the applicant may challenge the estimate and seek
to have it revised in appropriate proceedings before that board as
part of the applicant.
[4]
Credit for work performed. In the event the applicant
proposes to install and construct an off-tract improvement which would
immediately improve the safety of vehicular traffic, provided the
township engineer concurs with the proposed construction rather than
a monetary contribution, that improvement shall be treated as a credit
against any future assessment for that particular off-tract improvement.
(4)
Traffic districts and traffic rings.
[a]
Traffic development districts. The township is divided into
three traffic development districts (TD#1, TD#2 and TD#3) which are
attached as schedule "A" and "A1".[1] Any interpretations as to the map shall be made by the
township engineer based on a full sized map entitled, "Traffic Development
Districts, dated Nov. 20, 1998", prepared by Harold E. Pellow &
Associates, as may be amended from time to time which is on file with
the township clerk.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[b]
Traffic rings. There are three traffic development rings or
districts, each containing subdistricts for a total of seven areas
designated as parcels A-G as shown on Schedules A and A-1.[2] Each ring or area is based upon the planning assumption
that development within each ring or area will benefit from the corresponding
transportation district.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[c]
Based upon the TD and ring designation, the pro rata share shall
be as shown on schedule "A1".[3]
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
(5)
As a condition of subdivision approval and prior to the chairman
and secretary of the land use board signing the plat, the applicant
shall make payments as determined under this paragraph d,5(a) for
the proposed off-tract improvements to be undertaken at some future
date. The monies required for the improvements shall be deposited
in an interest bearing account to the credit of the township designated
as the road trust fund account until such time as the improvement
is constructed. Payments under this paragraph d,5(a) shall be in lieu
of any other off-tract road or circulation plan improvements which
otherwise might have been imposed. In the event an applicant subsequently
challenges the amount and need of such contribution, then the final
approvals which were the basis for the contribution are voided requiring
a remand to the land use board for further action.
(b)
Water distribution facilities. Water distribution facilities, including
the installation of new water mains, the extension of existing water
mains, the relocation of such facilities and the installation of other
appurtenances associated therewith. The applicant's proportionate
cost shall be in the ratio of the estimated daily use of water from
the property and properties in gallons to the sum of the deficiency
in gallons per day for the existing system or subsystem and the estimated
daily use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
(c)
Sanitary sewage distribution facilities. Sanitary sewage distribution
facilities, including the installation, relocation or replacement
of collector and interceptor sewers and the installation, relocation
or replacement of other appurtenances associated therewith. The applicant's
proportionate cost shall be in the ratio of the estimated daily flow
in gallons to the sum of the present deficient capacity for the existing
system or subsystem and the estimated daily flow from the proposed
project or development. In the case where the peak-flow period for
the proposed development may occur during the peak-flow period for
the existing system, the ratio shall be the estimated peak-flow rate
from the proposed development in gallons per minutes to the sum of
the present peak-flow deficiency in the existing system or subsystem
and the estimated peak-flow rate from the proposed development. The
greater of the two ratios thus calculated shall be increased by 10%
for contingencies and shall be the ratio used to determine the cost
to the applicant.
(d)
Stormwater and drainage improvements. Stormwater and drainage improvements,
including installation, relocation or replacement of transmission
lines, culverts, catch basins and the installation, relocation of
other appurtenances associated therewith. The applicant's proportionate
cost shall be in the ratio of the estimated peak surface runoff as
proposed to be delivered into the existing system, measured in cubic
feet per second, to the sum of the existing peak flow in cubic feet
per second deficient for the existing system and the estimated peak
flow as proposed to be delivered. The ratio thus calculated shall
be increased by 10% for contingencies. The applicant's engineer
shall compute the drainage basin area and the area of the development
and the percent of the total drainage basin area occupied by the development.
Where no drainage system exists which will receive the flow of surface
water from the applicant's development, the applicant shall furnish
all drainage rights-of-way deemed to be necessary by the planning
board.
(e)
Watercourses. Where a development is traversed by a watercourse,
drainage way, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction as
both will be adequate for the purpose of the township or other entity
as designated by the reviewing municipal board.
(f)
General considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract improvement which shall
be borne by the developer, the reviewing municipal board shall also
determine the pro rata share of the cost to be borne by other owners
of lands which will be benefited by the proposed improvements, if
any.
e.
Severability. In the event that one section or portion of the within
section is declared invalid for any reason, the remaining sections
or portions of the section shall remain valid and in full force and
effect.
f.
The section shall be administered and enforced in a manner consistent
with the State Highway Management Act, N.J.S.A. 27:7-100 et seq.,
and the State Highway Access Management Code about to be adopted by
the State of New Jersey.
