A.
Local approval. Approval of subdivision plats by resolution
of the reviewing board shall be required as a condition for filing
of such plats or for the filing of a deed evidencing such approval
with the County Recording Officer. Approval of site plans by resolution
of the reviewing board shall be required as a condition for the issuance
of a building permit, issuance of a certificate of occupancy, issuance
for any permit required for any construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any building or
other structure, or of any mining, excavation or landfill, and any
use or change in the use of any building or other structure or land
or extension of use of land for which permission may be required pursuant
to N.J.S.A. 40:55D-1 et seq.; 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.
B.
County approval. Each application for subdivision
approval, where required pursuant to Section 5 of P.L. 1968, c. 285,[1] and each application for site plan approval, where required
pursuant to Section 8 of P.L. 1968, c. 285,[2] shall be submitted by the applicant to the County Planning
Board for review and approval, as required by the aforesaid sections,
and the approving authority 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.
Nothing herein contained shall be construed to limit the right of an applicant to seek informal discussions with the reviewing board or its staff. Where such a procedure is sought, the applicant shall indicate its desire in a letter to the Administrative Officer. If the applicant desires or if the reviewing board requires that the applicant's proposal be reviewed by the board's professional staff, the escrow sums required under Article VI shall be posted. Neither the reviewing board nor the applicant shall be bound by any such discussions or statements made during such review, provided that the right of the developer at any time to submit a complete formal application for development shall not be limited by his submission of a preliminary discussion plat and the time for the reviewing board's decision shall not begin to run until the submission of a complete formal application.
A.
Submittal procedure.
(1)
Generally. The applicant shall submit copies of his
complete formal application for development to the Administrative
Officer. The time for the Board's review shall not begin to run until
the submission of a complete formal application with the required
fee. Unless the applicant is informed in writing by the Administrative
Officer within 45 days of the actual submission of the application
that it is incomplete, specifying the deficiencies therein, said application
shall be deemed complete as of the date it was submitted.
(2)
Complete formal application. A complete formal application
for development shall consist of the following:
(3)
Distribution. The Administrative Officer shall distribute
a copy of the plat submitted as part of the application for development
for review and report and, where required, approval, as follows:
(a)
Reviewing board (four copies).
(b)
Reviewing board's consulting engineer (one copy).
(c)
Reviewing board's attorney (one copy).
(d)
Board of Fire Engineers (four copies).
(e)
Township Engineer (one copy).
(f)
Township Police Department (four copies).
(h)
Recreation Commission (one copy).
(i)
Department of Public Works (one copy).
B.
Hearing procedures.
(2)
Scheduling.
(a)
Generally. The Administrative Officer subsequent
to certifying an application for development as complete, shall cause
the question of applicant's application to be placed upon the agenda
of the next regularly or specially scheduled meeting of the reviewing
board, except where the certification has not occurred at least two
weeks prior to the regularly or specially scheduled meeting of the
reviewing board, in which case said question shall be held over until
the next regularly or specially scheduled meeting of the reviewing
board. When the terms specially scheduled meeting is used above, it
is deemed to refer to only specially scheduled meetings as the reviewing
board shall at its discretion call for the review of applications
for development and not for work sessions. The Administrative Officer
shall advise the applicant in writing of the date and time when his
application for development or rezoning will be heard.
(b)
Waiver. The reviewing board may, by a 2/3 majority vote of its entire membership, waive the two-week requirement set forth in Subsection B(2)(a) above.
(c)
Notice. Subsequent to receiving notice from the Administrative Officer of the date and time when the application for development will be heard, an applicant whose application requires the holding of a public hearing shall cause the notices required under § 330-16 to be sent or published. The applicant shall, prior to the holding of a public hearing, file an affidavit of service and publication on a form approved by the reviewing board, indicating the names of persons served pursuant to the requirements of § 330-16 of this chapter and the date and newspaper of publication with the Administrative Officer. Prior to consideration by the reviewing board of the applicant's application, the board shall determine that proper service was effectuated.
(d)
Official reports. All parties, boards and officials
to whom plans were submitted pursuant to this chapter shall review
said plans prior to the hearing referred to above and may make such
written or oral reports upon the conformity or lack of conformity
of these plans to all Township requirements and the standards set
forth in this chapter as are deemed appropriate. Said reports shall
be made a part of the minutes of the hearing and shall constitute
a basis upon which the reviewing board may take action upon the application.
Such references shall not extend the period of time within which the
reviewing board shall act.
(e)
Reviewing board action. At the regularly or
specially scheduled meeting of the reviewing board during which the
applicant's application is upon the agenda for consideration, the
reviewing board by written resolution may take any of the following
actions:
[1]
Rejection of the application. The reviewing
board may reject the application of the applicant for any deviation
from the requirements of this chapter, other Township ordinances or
state law. The board shall in the resolution rejecting the application
set forth the factual and legal grounds relied upon by the board in
reaching its decision. Upon rejection, the secretary of the reviewing
board shall cause a notation of said rejection to be placed on two
copies of the plan submitted in connection with the applicant's application,
retain one copy for reviewing board files and send the second copy
to the Administrative Officer, who shall in turn cause the rejected
plan to be returned to the applicant along with a copy of the adopted
resolution.
[2]
Approval. The reviewing board may approve the application for development under the standards of § 330-24D, with or without conditions:
[a]
Without conditions. In the event that the reviewing board shall approve an applicant's application for development without conditions, the application shall be deemed approved and grant to the applicant the right granted under § 330-24E of this chapter.
[b]
Subject to conditions. In the event
that the reviewing board shall approve the applicant's application
for development subject to conditions, said conditions shall be noted
where possible on the plans approved in connection with the applicant's
application as well as set forth within the resolution adopted by
the reviewing board.
[3]
Holdover for further study. The reviewing board may hold over any application for development for further study and action. In no event, however, may the reviewing board hold over any matter without first establishing a date certain wherein further action of the board will take place and in no event for a period of time in excess of that set forth in § 330-24C of this chapter.
[4]
Modification on appeal. The Board of Adjustment
may reverse or affirm, wholly or in part, or may modify the action,
order, requirement, decision, interpretation or determination appealed
pursuant to N.J.S.A. 40:55D-72, and to that end have all the powers
of the subcode official or Administrative Officer from whom the appeal
is taken.
C.
Time of decision.
(1)
Minor subdivisions. Minor subdivision approval shall
be granted or denied within 45 days of the date of submission of a
complete application to the Administrative Officer or within such
further time as may be consented to by the applicant.
(2)
Preliminary site plan approval and conditional use
applications.
(a)
Site plans: 10 acres or less and/or 10 units
or less. Upon the submission to the Administrative Officer of a complete
application for a site plan for 10 acres of land or less and/or 10
units or less, the reviewing 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 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 Administrative Officer
or within such further time as may be consented to by the applicant.
(b)
Site plans: more than 10 acres and/or more than
10 dwelling units and conditional use application. Upon the submission
of a complete application for a site plan of more than 10 acres and/or
more than 10 dwelling units, or for a conditional use approval, the
reviewing board shall grant or deny preliminary approval of the site
plan and/or approval of the conditional use within 95 days of the
date of such submission or within such further time as may be consented
to by the applicant.
(3)
Preliminary subdivision approval.
(a)
Ten or fewer lots. Upon the submission to the
Administrative Officer of a complete application for a subdivision
of 10 or fewer lots, other than a minor subdivision as defined in
this chapter, the reviewing 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 subdivision approval also involves an application
for relief pursuant to N.J.S.A. 40:55D-60, the reviewing board shall
grant or deny preliminary approval within 95 days of the date of submission
of a complete application to the Administrative Officer, or within
such further time as may be consented to by the applicant.
(b)
More than 10 lots. Upon the submission of a
complete application for a subdivision of more than 10 lots, the reviewing
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.
(4)
Final subdivision or site plan approval. Final approval
for a site plan or subdivision shall be granted or denied within 45
days after submission of a complete application to the Administrative
Officer of the reviewing board or within such further time as may
be consented to by the applicant.
(5)
Zoning Board of Adjustment action. The Board of Adjustment
shall render a decision not later than 120 days after the date:
(6)
Special rules.
(a)
Failure to act. Failure of the reviewing board
to reach a decision within the specified time periods or extensions
thereof shall result in the approval of the application for development
as submitted.
(b)
Simultaneous review. The reviewing board shall
have the power to review and approve or deny conditional uses, variances
or site plans simultaneously with review for subdivision approval
without the developer being required to make further application to
the reviewing board or the reviewing board being required to hold
further hearings. The longest time period for action by the reviewing
board, whether it be for subdivision, conditional use, variance or
site plan approval, shall apply. Whenever approval of a conditional
use or variance is requested by the developer pursuant to this subsection,
notice of the hearing on the plat shall include reference to the request
for such conditional or variance use.
(c)
Waiver.
[1]
Requirement for approval. The reviewing board
may waive site plan approval requirements if the construction or alteration
or change of occupancy or use does not affect circulation, parking
demands, drainage, relationships of buildings to each other, landscaping,
buffering, lighting and other considerations of site plan review.
[2]
Exception to application of subdivision or site
plan regulations.
[a]
Exceptions: subdivisions. 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 chapter, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[b]
Exceptions: site plans. 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 chapter, if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
(d)
Substantial amendment. If the reviewing board
requires or the applicant proposes 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.
(e)
Stay of proceedings by appeal. An appeal to
the Board of Adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the subcode official or Administrative Officer from whose action
the appeal is taken certifies to the Board of Adjustment, after the
notice of appeal shall have been filed with him that, by reason of
facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
D.
Review standards.
(1)
Minor subdivisions. The Planning Board shall waive notice and public hearing for an application for development if the reviewing board finds that the application for development conforms to the definition of minor subdivisions in this chapter. 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 Articles XII and XIII of this chapter.[2]
(2)
Preliminary subdivision or site plans. Upon the submission of a complete formal application for preliminary subdivision or site plan approval, and after holding hearings as required by law, the reviewing board shall determine whether the application conforms to the design and improvement standards set forth in Articles XII and XIII of this chapter. If the application either with or without conditions conforms to these standards, it shall be approved. If the application does not conform to these standards, it shall be rejected.[3]
(3)
Final subdivision or site plans. The reviewing board shall grant approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final plans (Article III), the conditions of preliminary approval, and, in the case of major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,[4] provided that, in the case of a planned development, the
reviewing board may permit minimal deviations from the conditions
of preliminary approval necessitated by changes 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.
[4]
Editor's Note: See N.J.S.A. 46:23-9.8 et seq.
(4)
Conditional use applications. Upon the submission of a complete application for a conditional use, and after holding hearings as required by law, the reviewing board shall determine whether the application conforms to the design and improvement standards set forth in Articles XII and XIII of this chapter. If the application either with or without conditions conforms to these standards, the reviewing board shall further determine whether the proposed use as presented or as conditioned is compatible with the prevailing and proposed community plan for the area of the proposed use and that, if allowed, the proposal will not adversely affect other uses in the general area. Upon making these determinations, the reviewing board shall approve the applicant's plan. If the application does not conform to these standards, it shall be rejected.[5]
(5)
Variances. Upon the submission of a complete application
for a variance and after holding hearings as required by law, the
reviewing board shall determine whether the applicant has established
by a preponderance of the evidence submitted that cause exists for
the granting of the applicant's application under N.J.S.A. 40:55D-70.
In making this finding, the reviewing board shall determine that the
variance or other relief can be granted, either with or without conditions,
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
If the reviewing board makes such findings, the application shall
be approved; if not, the application should be rejected.
E.
Rights under an approval.
(1)
Minor subdivision. Upon approval and compliance with the filing requirements contained in § 330-24F of this chapter, 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.
(2)
Preliminary subdivisions and site plans.
(a)
Preliminary approval of a major subdivision or site plan except as provided in Subsection E(2)(b) of this subsection shall confer upon the applicant the following rights for a three-year period from the date of the resolution granting preliminary approval:
[1]
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to the requirements, layout and design standards for streets,
curbs and sidewalks; lot 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 streetlighting, except that nothing
herein shall be construed to prevent the Township from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety;
[2]
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
[3]
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.
(b)
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 Subsection E(2)(a)[1], [2] and [3] above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension on preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
(3)
Conditional use. The approval of a conditional use
is a determination by the reviewing board that a use permitted within
a zone if certain conditions are met is a permitted use of an applicant's
property. Approval of the application grants to the applicant the
right to utilize his property in the fashion set forth within his
approval and, in this connection, to receive upon request a building
permit and certificate of occupancy, provided that other conditions
for their issuance not addressed by this chapter are met.
(4)
Variances. The approval of a variance is a determination by the reviewing board that a use or condition not otherwise permitted or allowed within a zone is allowed because the applicant has affirmatively met the standards for approval specified under § 330-24D(5) of this chapter. Approval of the application grants to the applicant the right to utilize his property in the fashion set forth within his approval as if said usage were permitted under this chapter. Such rights run with the land and are transferable. In this connection, an applicant may receive upon request a building permit and certificate of occupancy, provided that other conditions for their issuance not addressed by this chapter are met.
(5)
Final subdivision or site plan approval.
(a)
Generally. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 330-24E(2) of this chapter, 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 a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 330-24F of this chapter. If the developer has followed the standards prescribed for final approval, and in the case of subdivision has duly recorded the plat as required in § 330-24F of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 330-24E(2) of this chapter for the section granted final approval.
(b)
Planned developments. In the case of a subdivision or site plan for a planned unit residential development or residential cluster, if such usage is specifically permitted under other sections of this chapter, of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection E(1) of this section for such period of time longer than two years as shall be determined by the approving authority to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and 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 approving authority to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
F.
Filing requirements.
(1)
Minor subdivisions. 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," P.L. 1960, c. 141, 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 the secretary of the reviewing
board. In reviewing the application for redevelopment for a proposed
minor subdivision, the reviewing board may accept a plat not in conformity
with the Map Filing Act, provided that, if the developer chooses to
file a minor subdivision as provided herein by the plat rather than
deed, such plat shall conform with the provisions of said Act.
(2)
Major subdivisions.
(a)
Filing. 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 approving authority 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. The board
secretary shall sign and date the plat on the date the board adopts
a resolution approving or conditionally approving the plat. Such date
and signature shall commence the ninety-five-day period during which
the developer must satisfy any conditions of approval necessary to
acquire the balance of the approving signatures on the plat and cause
said plat to be filed.
(b)
Evidence of approval. Subject to the rights set forth in N.J.S.A. 40:55D-54b, final approval of a major subdivision for filing purposes shall be evidenced by affixing to the plat the signature of the chairman and secretary of the approving authority. The signature of the chairman of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to § 330-77, Performance and maintenance guarantees, of this chapter.[6]
A.
Application procedure.
(1)
Generally. While not specifically required under the
Land Use Law,[1] the Township has determined that a procedure should be
established whereby an applicant may apply through proper Township
channels for rezoning of property. By the standards hereinafter established,
an applicant is required to submit documentary evidence and proofs
which will indicate the necessity for and appropriateness of rezoning.
Rezoning is a legislative act left to the sole discretion of the Township
Council; the Township, however, is establishing a procedure whereby
the Township Council may obtain sufficient information in order to
make a proper determination on the request. The Township Council hereby
delegates to the Planning Board, pursuant to N.J.S.A. 40:55D-25, the
advisory function of reviewing and making recommendations to the governing
body on all applications for rezoning in accordance with the standards
and procedures set forth hereinafter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Application.
(a)
A person desiring to have the Township Council
rezone any property shall file an application for rezoning with the
Administrative Officer of the Township of Burlington. The Administrative
Officer shall certify the completeness of the application 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 review, unless:
(b)
The Planning Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the chapter or any revisions
in the accompanying documents as are necessary to make an informed
decision as to whether the requirements necessary for recommendation
to the Township Council for rezoning have been met.
(3)
Distribution. The Administrative Officer shall distribute copies of the plot plan, rezoning information form and supporting documentation to the municipal officials or agencies listed in § 330-24A(3).
B.
Hearing procedures.
(1)
Requirements. The Planning Board of the Township of Burlington shall hold hearings meeting the standards of Article IV of this chapter on all applications for rezoning. The applicant shall provide notice of the hearing in accordance with § 330-16. Said hearings shall be conducted by the Planning Board, which shall review the application in light of the existing Master Plan, conditions existing within the community, and its general expertise in matters of community development to determine whether it should recommend that Township Council adopt an ordinance rezoning the property. The Planning Board shall make specific detailed findings of fact and conclusions of law concerning the applicant's proposal as it relates to the standards set forth in § 330-25C set forth below. The applicant shall at all times bear the burden of establishing proof sufficient to show both the desirability and necessity for rezoning of the property involved.
(2)
Scheduling and time of decision. The Planning Board for the Township of Burlington shall schedule the hearings required under this section in accordance with § 330-24B(2) of this chapter. The Planning Board shall conclude its review of the proposal within 95 days of the certification of the application as complete by the Administrative Officer.
(3)
Reports. Subsequent to the action by the Planning
Board, the written findings of fact and conclusions of law prepared
by the Planning Board shall be forwarded to the Township Clerk of
the Township of Burlington, together with a brief written statement
concerning its recommendation to the Township Council on the application
for rezoning.
C.
Review standards. Each application for rezoning shall
specifically address and meet the burdens established by the following
standards:
(1)
Necessity. No application for rezoning shall be granted
where it is determined that a proper vehicle under an application
for development exists whereby the applicant could obtain the relief
sought of rezoning.
(2)
Master Plan. No application for rezoning shall be
granted which substantially disrupts the findings and conclusions
addressed within the Master Plan unless the Planning Board of the
Township of Burlington determines that it is in the best interest
of the community to amend the Master Plan based on changed circumstances
which challenge the principles upon which the Master Plan was based.
(3)
Community benefit. The applicant shall demonstrate
that the proposed rezoning will substantially benefit the community
and the goals to be achieved by proper planning and will not unduly
burden the planned and orderly growth of the community or place an
undue exaction upon community facilities required to service the area.
(4)
Public interest. The applicant shall demonstrate that
the proposed rezoning will promote the public health, safety, morals
and general welfare of the Township of Burlington.
(5)
Other standards. The applicant shall demonstrate that
the proposed rezoning will promote the additional purposes set forth
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the
benefit of the Township of Burlington.
D.
Township Council action.
(1)
Receipt of the report. Subsequent to receipt of the
report of the Planning Board referred to above, the Township Clerk
will cause the question of the applicant's rezoning request to be
placed upon the agenda of a Council meeting to be held within 45 days
from the date that the Township Clerk received the said report from
the Planning Board.
(2)
Hearing procedure. At the Council meeting scheduled as set forth in Subsection D(1) above, the Township Council shall proceed to hold a hearing on the report submitted by the Planning Board. No new evidence shall be received by the Township Council which has not previously been considered by the Planning Board. In the event that the applicant desires to present new evidence, the matter shall be considered a new application for rezoning and the applicant shall be required again to appear before the Planning Board as provided for above in this chapter.
(3)
Determination. The Township Council shall determine by resolution whether it will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the applicant for rezoning, which decision shall be made within 95 days of the date of the hearing held as set forth in Subsection D(2) above. Such an amendment may be consistent with the applicant's request, contrary to the applicant's request or a modification of the applicant's request to meet the general health, safety and welfare concerns of the community. Subsequent to the passage of the resolution, the matter shall proceed under the procedural requirements of the Municipal Land Use Law.
A.
The developer of land receiving major subdivision
approval shall prominently display a copy of the approved preliminary
plan and final plan containing all conditions in the sales office
and shall provide a reduced copy of the same to any and all interested
persons. Also, developers of land receiving major subdivision approval
shall provide a written statement to a contract purchaser at the time
of the execution of the agreement of sale of a particular lot, which
statement shall be signed by the contract purchaser, setting forth
the following information:
(1)
A statement that the contract purchaser was provided
with a full and complete explanation of the approved preliminary and
final plan containing all conditions and was provided with a reduced
copy of same at their request.
(2)
The location of the house/lot to be purchased on the
preliminary and final approval plans.
(3)
A location and description of all encumbrances, liabilities
and restrictions on the use of the land, including, but not limited
to, easements, wetlands, floodplain lines, to include the FEMA flood
boundary lines and recreation areas, and their relationship to the
property.
(4)
The location of all recreational facilities, roadways
and other improvements and the relationship of the same to the property
and the date when the improvements will be commenced and completed.
(5)
The current tax rate of real property assessed in
Burlington Township.
B.
The Planning Board shall condition the preliminary
and final approval of a major subdivision upon compliance with the
terms of this section. Failure to comply with the terms of this section
can result in recision of the approved plan and/or such other action
as may be available to the Township of Burlington at law or in equity.
