Whenever a term is used in this chapter which is defined in c. 291, Laws of 1975,[1] that term is intended to have the meaning set forth in the definition of the term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
All sections of Chapter 159, Subdivision of Land, Chapter 190, Zoning, Chapter 131, Site Plan Review, or any other ordinance of the Township which contain provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
Pursuant to the provisions of c. 291, Laws of 1975, § 81,[1] the substantive provisions of the existing Chapter 159, Subdivision of Land, Chapter 190, Zoning, and Chapter 131, Site Plan Review, of the Township and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said Act or until the Township exercises the authority delegated by the Act to regulate development, whichever occurs first.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 3-23-2009 by Ord. No. 2009-03]
A. 
Application. An application for approval of a lot-line adjustment shall be submitted to the Land Use Board. The applicant shall submit five copies of the application and a survey prepared by a licensed land surveyor indicating the existing and proposed lot lines and all existing structures and buildings, as well as such other information as the Land Use Board Engineer may require. The applicant shall also submit an application fee of $250 and an initial escrow fee of $1,500. Upon approval of the lot-line adjustment, the applicant shall also submit to the secretary an administrative fee in the amount of $100 to cover the cost of revisions to the municipal tax maps.
[Amended 10-22-2012 by Ord. No. 2012-10]
B. 
Findings. The Land Use Board has the jurisdiction to grant lot-line adjustment approval. The Land Use Board Engineer may recommend a lot-line adjustment subject to the following criteria:
[Amended 10-22-2012 by Ord. No. 2012-10]
(1) 
The adjustment involves one lot line between two adjoining lots;
(2) 
Owner(s) of both lots consent(s) in writing to the adjustment;
(3) 
No new lots are created;
(4) 
Both lots are conforming after the adjustment, or any preexisting nonconformities are not increased; and
(5) 
If approved, the applicant must perfect the subdivision by deed recorded in the Sussex County Clerk's Office.
C. 
Subsequent subdivision. Subsequent subdivision of either of the adjusted lots within two years of the filing of the adjusted lot deeds in the County Clerk's office shall be accepted only as a major subdivision.
D. 
Report by the Land Use Board Engineer. Upon review of an application for lot-line adjustment approval, the Land Use Board Engineer shall submit a report to the Land Use Board in regard to the merits of the applications. The Land Use Board may approve the lot-line adjustment based solely on the recommendation of the Land Use Board Engineer as long as the conditions outlined in Subsection B are satisfactorily addressed.
[Added 10-22-2012 by Ord. No. 2012-10]
This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Andover."
The Township Clerk shall file with the County Planning Board copies of all ordinances of the Township relating to land use, such as subdivision, zoning and site plan review ordinances, and all amendments thereto. 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.
Applicants for major subdivision, site plans and conditional uses, and for "D" variances for nonresidential uses, shall comply with the provisions of § 159-11L, Protection of freshwater wetlands. Subsection L deals with the protection of freshwater wetlands and streams and is applicable to those applications.
A. 
The Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., as well as the New Jersey Department of Environmental Protection Regulations, N.J.A.C. 7:15-1 et seq., require that Andover Township adopt a wastewater management plan. This plan should be included in the Township Master Plan pursuant to N.J.S.A. 40A:55D-28b(5). The funding of said plan, together with any revisions thereto, should be fairly allocated among developers of land who are to benefit from said study.
B. 
A wastewater management plan escrow account is hereby created. Said account is to be permanent in nature and to be used for the payment for the preparation of the original wastewater management plan and any revisions thereto.
C. 
All developers of land in Andover Township who anticipate or who may be reasonably expected to construct an on-site disposal system treating 2,000 gallons or more per day, or who expect to apply for connection to a public sewer system, or intend to propose a package plant for their property or propose alternative methods of on-site wastewater disposal, shall participate in the funding of the wastewater management plan.
D. 
Each developer shall contribute to the wastewater management account his or its pro rata share of the cost of the preparation of the plan at the time the Township signs the contract for the preparation of the wastewater management plan.
E. 
After the completion of the original wastewater management plan, any developer who wishes to supplement and amend the plan may apply to do so at his own cost and expense in lieu of a contribution to the wastewater management plan escrow account calculated as set forth above.