Administrative provisions dealing with this
chapter and applications to the Borough of Medford Lakes are set forth
in the ordinances of the Borough.
The Borough Manager shall appoint officers whose
titles shall be Zoning Officer and Construction Official of the Borough
of Medford Lakes, to administer and enforce the provisions of this
chapter. They shall be appointed to serve at the pleasure of Borough
Council at the next succeeding Council meeting following the date
of their appointment. They shall receive such compensation for their
services as shall be fixed by ordinance. The same individual may be
appointed as both Zoning Officer and Construction Official.
A. No structure shall be erected, altered, converted
or enlarged, or any development commenced, until a building permit
is obtained from the Construction Official and no structure or lot
shall be used in violation of this chapter. It shall be the duty of
the Zoning Officer to issue permits for accessory uses. It shall be
the duty of the Construction Official/Zoning Officer to keep a record
of all applications and all permits which are either issued or denied,
with notations of any conditions involved, which data shall form a
part of the Borough public records. A monthly report of permits issued
shall be filed with the Tax Assessor. Both the Construction Official
and Zoning Officer shall render an account at the end of each month
for fees collected and turn same over to the Borough Treasurer. It
shall be the duty of the Zoning Officer to inspect the structures
and land in the Borough and order the owner in writing to remedy any
condition found to exist in violation of any provision(s) of this
chapter.
B. A change of use within the Borough of Medford Lakes
will void the previously issued certificate of occupancy and require
the issuance of a new certificate of occupancy. The Construction Official/Zoning
Officer may require a submission for new site plan review, even though
no construction is planned with the conversion of the use, if he finds
that increased traffic will result, that off-street parking facilities
should be expanded or that buffering and/or screening may be necessary.
Any variance hereinafter granted by the Planning
Board pertaining to the erection or alteration of any structure or
structures or permitting a specified use of any premises shall expire
in one year from the date of adoption of the resolution of approval
unless the property owner shall have secured a construction permit
and has commenced construction in conformity with the variance approval,
including any conditions attached to the approval. For variances which
become the subject of litigation, the one-year period shall commence
on the date of the last reviewing court's decision to grant or affirm
the variance. For good cause shown, and after a hearing before the
Planning Board on notice in the manner required for original variance
applications, the Planning Board may extend the variance by written
resolution. Any extension may not exceed one year in duration and
no more than two extensions shall be permitted. An application for
extension of a variance shall be made prior to the expiration of the
time limit sought to be extended. Any variance granted with a site
plan, subdivision or conditional use approval shall expire within
the time limits as established by the Municipal Land Use Law for site
plans, subdivisions and/or conditional use approvals.
The following schedule of fees shall be applicable
and required for all applications and other matters pertaining to
this chapter. No action shall be taken by the Planning Board until
all applicable fees have been paid.
A. Copies of all Land Development Ordinances: $35 per
copy.
B. The following application fees shall accompany application
to the Planning Board:
|
Type of Application
|
Application
Fee
|
---|
|
Minor subdivision
|
$75
|
|
Preliminary major subdivision
|
$150
|
|
Final major subdivision
|
$150
|
|
Informal review by Planning Board
|
$50
|
|
Amended subdivision plan
|
$150
|
|
Minor site plan
|
$75
|
|
Preliminary major site plan
|
$150
|
|
Final major site plan
|
$150
|
|
Amended site plan
|
$150
|
|
Conditional uses
|
$150
|
|
Ordinance interpretation
|
$150
|
C. The following application fees shall accompany each
application:
D. In the event the Borough is requested, under proper circumstances, to perform any of the functions set forth in Subsection
B above, an applicant shall submit the application fee required by Subsection
B for that function, in addition to the application fee required by Subsection
C above.
E. In the event the Planning Board is requested, under proper circumstances, to perform any of the functions set forth in Subsection
C above, an applicant shall submit the application fee required by Subsection
C for that function in addition to the application fee required by Subsection
B above.
F. Copy of any Planning Board or Historic Preservation
Commission decision, resolution, or minutes pursuant to this chapter:
$10.
G. Professional escrows.
(1) Minor subdivisions escrow fee: $350.
(2) Informal review escrow fee: $500 if professional review
is requested.
(3) Site plans:
(a)
Minor site plan escrow: $500.
(b)
Preliminary major site plan escrow: $500per
acre or part thereof; $1,000 minimum.
(c)
Final major site plan escrow: $250 per acre
or part thereof; $750 minimum.
(4) Preliminary major subdivision escrow fee: $250 + $75
per lot; minimum $750.
(5) Final major subdivision escrow fee: $250 + $75 per
lot; minimum $750.
(6) Amended plans.
(a)
Amended site plan escrow: $500.
(b)
Amended subdivision plan escrow: $500.
(7) Variances requested in conjunction with site plan
or subdivision (escrow): $150 variance (residential); $200/variance
(commercial).
(8) Use variance escrow fees:
(9) Bulk variances escrow fees:
(10)
Conditional use escrow fee: $500.
Every application for a permit shall be accompanied
by 10 sets of plans showing the actual shape and dimensions of the
lot to be built on, the exact location, size and height of all existing
and proposed structure(s), the existing or intended use of each structure,
the number and location of off-street parking spaces, any information
filed with the County Board of Health, and such other information
regarding the lot and neighboring lots as may be necessary to determine
and provide for the enforcement of this chapter. In addition every
application shall be accompanied by evidence that an application has
been filed with the Pinelands Commission. A permit shall be granted
or denied within 10 days from the date of a complete application unless
additional time is agreed upon in writing by the applicant. One copy
of such plans shall be returned to the owner when such plans shall
have been approved or denied by the Construction Official/Zoning Officer
together with such permit as may be granted. All dimensions shown
on these plans relating to the location and size of the lot to be
built upon shall be based on an actual survey of the lot by a licensed
professional engineer or land surveyor in the State of New Jersey.
The lot and the location of the structure(s) thereon shall be staked
out on the ground before construction is started. No permit shall
be issued for any new dwelling unit unless the subdivision is duly
approved by the Planning Board in accordance with the provisions Part
III, Subdivision of Land, of this chapter.
A. It shall be unlawful to use or permit the use of any
structure or part thereof, or to commence any development, either
proposed to be occupied by a new use or hereafter erected, altered,
converted or enlarged, wholly or in part, until a certificate of use
and occupancy shall have been issued by the Construction Official.
It shall be the duty of the Construction Official to issue a certificate
of use and occupancy only when he is satisfied that the structure
or part thereof and the proposed new use or development conform to
this chapter and all other applicable codes and ordinances of the
Borough.
B. A certificate of occupancy shall be granted or denied
in writing within 10 days from the date that a written notification
is filed with the Construction Official that the work on the structure
is completed, unless additional time is agreed upon by the applicant
in writing. The fee to be charged for issuance of each certificate
of use and occupancy incident to a change of use of a building shall
be $25.
C. Should the Construction Official decline to issue
a certificate of occupancy, his reasons for doing so shall be stated
on two copies of the application, and one copy shall be returned to
the applicant.
A. It shall be unlawful to use or permit the accessory
use of any structure or part thereof, either proposed to be occupied
by a new use or hereafter erected, altered, converted or enlarged,
wholly or in part, until a certificate of conformity shall have been
issued by the Construction Official. It shall be the duty of the Construction
Official to issue a certificate of conformity only when he is satisfied
that the structure or part thereof and the proposed use conform to
this chapter and all other applicable codes and ordinances of the
Borough.
B. A certificate of conformity shall be granted or denied
in writing within 10 days from the date that a written notification
is filed with the Zoning Officer that the erection of the structure
is completed, unless additional time is agreed upon by the applicant
in writing. A fee of $25 shall be charged for issuance of each certificate
of conformity.
C. Should the Zoning Officer decline to issue a certificate
of conformity, his reasons for doing so shall be so stated on two
copies of the application, and one copy shall be returned to the applicant.
Upon notice being served of any condition found
to exist in violation of any provision(s) of this chapter with respect
to any land use, the certificate of use and occupancy/conformity for
such use shall thereupon, without further notice, be null and void,
and a new certificate of use and occupancy/conformity shall be required
for any further use of such structure or land.
The zoning permit and certificate of use and
occupancy required by this chapter are in addition to, and not in
lieu of, any and all other permits and certificates that are or may
be required by law or by any governmental agency or by virtue of any
other ordinance or ordinances of the Borough of Medford Lakes or otherwise.
A. Development approval required. No person shall carry
out any development within the Borough without obtaining approval
from an approval agency and without obtaining development approval
in accordance with the procedures set forth in this section.
B. Applicability of procedures. Except as provided in Subsection
C below, the following shall not be subject to the procedures set forth in this section. No submission of any documentation whatsoever shall be required to the Pinelands Commission for these activities; however, Borough requirements shall be met whether or not submission of any application is required to the Pinelands Commission.
(1) The improvement, expansion, or reconstruction within
five years of destruction or demolition of any single-family dwelling
unit or appurtenance thereto;
(2) The improvement, expansion, construction, or reconstruction
of any structure accessory to a single-family dwelling;
(3) The improvement, expansion, construction, or reconstruction
of any structure used exclusively for agricultural or horticultural
purposes;
(4) The construction, repair or removal of any sign, except
for the construction or replacement of any off-site commercial advertising
sign;
(5) The repair of existing utility distribution lines;
(6) The clearing of less than 1,500 square feet of land;
(7) The construction of any addition or accessory structure for any nonresidential
use or any multifamily residential structure, provided that:
[Amended 12-13-2018 by Ord. No. 657]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8) The demolition of any structure that is less than
50 years old;
(9) The installation of utility distribution lines, except
for sewage lines, to serve areas which are effectively developed or
development which has received all necessary approvals and permits;
(10)
The repair or replacement of any existing on-site
wastewater disposal system;
(11)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Amended 12-13-2018 by Ord. No. 657]
(12)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 12-13-2018 by Ord. No. 657]
(13)
Fences, provided no more than 1,500 square feet
of land is to be cleared;
(14)
Aboveground telephone equipment cabinets;
(16)
The following forestry activities:
(a)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year;
(c)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity, and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
and
(d)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining
of fire breaks;
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to §
145-65; or
(19)
Certificates of use/occupancy and conformities
pursuant to valid building permits and permits for accessory uses.
(20)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 12-13-2018 by Ord.
No. 657]
(21)
The installation of a local communications facility antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 12-13-2018 by Ord.
No. 657]
(22)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 12-13-2018 by Ord.
No. 657]
(23)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 12-13-2018 by Ord.
No. 657]
C. The exceptions contained in subsection
B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D. Nothing herein shall preclude any local or state agency
from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
Any application for approval of minor development
as defined by the Pinelands Commission shall include at least the
following information:
A. The applicant's name and address and his interest
in the subject property;
B. The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application;
C. The legal description, including block and lot designation
and street address, if any, of the subject property;
D. A description of all existing uses of the subject
property;
E. A brief written statement generally describing the
proposed development;
F. A United States Geological Survey Quadrangle Map,
or copy thereof, and a copy of the Municipal Tax Map sheet on which
the boundaries of the subject property, the Pinelands management area
designation and the zoning designation are shown;
G. A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development,
existing or proposed facilities to provide water for the use and consumption
of occupants of all buildings, and sanitary facilities which will
serve the proposed development. The following information shall be
included with respect to existing or proposed sanitary facilities:
(1) On-site treatment facilities: location, size, type
and capacity of any proposed on-site water treatment facilities; and
(2) Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in §
145-53.
H. A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary of the proposed development, owners of holdings adjoining
and adjacent to the subject property, existing facilities, buildings
and structures on the site, all proposed development, wetlands, streams
(including intermittent streams), rivers, lakes and other water bodies
and existing roads;
I. A soils map including a county soils survey which
conforms to the guidelines of the United States Department of Agriculture,
Soil Conservation Service, showing the location of all proposed development;
J. A map showing existing vegetation identifying predominant
vegetation types in the area, and showing proposed landscaping of
the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development;
K. A certificate of filing from the Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board of the
Commission pursuant to the Interim Rules and Regulations; and
L. When prior approval for the development has been granted by the approving authority, evidence of Commission review pursuant to §
145-27.
All applications for major development, other
than forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 7:50-4.2(b)(5), as well as
the following:
A. A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations;
and
B. When prior approval for the development has been granted by a local approval agency, evidence of Pinelands Commission review pursuant to §
145-27.
[Amended 12-13-2018 by Ord. No. 657]
A. Application submission and modifications. Written notification shall
be given by the Borough, by e-mail or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Borough that an application for development in the Pinelands Area
is complete or if a determination is made by the Borough approval
agency that the application has been modified. Said notice shall contain:
(1) The name and address of the applicant;
(2) The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3) A brief description of the proposed development, including uses and
intensity of uses proposed;
(4) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(5) The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
(6) The approval agency with which the application or change thereto
was filed;
(7) The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
(8) The nature of the municipal approval or approvals being sought.
B. Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by e-mail, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(1) The name and address of the applicant;
(2) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(3) The date, time and location of the meeting, hearing or other formal
proceeding;
(4) The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
(5) Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
(6) The purpose for which the meeting, hearing or other formal proceeding
is to be held.
C. Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by e-mail
or regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(1) The name and address of the applicant;
(2) The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3) The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(4) The date on which the approval or denial was issued by the approval
agency;
(5) Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
(6) Any revisions to the application not previously submitted to the
Commission; and
(7) A copy of the resolution, permit or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
A. Upon receipt by the Pinelands Commission of a notice of approval pursuant to §
145-26C, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
B. Until January 14, 1991, approvals issued by the Pinelands
Development Review Board or the Commission under the Interim Rules
and Regulations shall serve as the basis for Commission review of
the local approval under this section.
C. Although the Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Commission.
Where a prior approval has been granted by the
Borough, no subsequent approval of an application for development
approval shall be obtained until one of the following is satisfied.
A. Notification is received from the Commission that
review of the Borough's approval is not required; or
B. Review of the Borough's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order
regarding the approval is received by the Borough from the Commission.
If the Pinelands Commission disapproves an application
for development previously approved by an approval agency, such approval
shall be revoked by the approval agency within 30 days and the agency
shall thereafter deny the application. If the Commission approves
the decision of an approval agency subject to conditions, the approval
agency which had previously approved the application shall, within
30 days, modify its approval to include all conditions imposed by
the Commission and, if final approval of the application is required,
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Commission have been met by the
applicant.
The Pinelands Commission may participate in
a hearing held in the Borough involving the development of land in
the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
All development proposed by the Borough or any agency thereof shall comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article
VI of this chapter.
A construction schedule shall be provided by
the owner to the Borough Construction Official prior to start of construction.
Any partial construction which is determined by the Construction Official
to be unsafe and/or not progressing sufficiently toward completion
for a period of one year from the start of construction in accordance
with the construction schedule shall be demolished and removed in
accordance with demolition requirements.