These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. Any action
taken by the Township under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
[Added 9-7-2004 by Ord. No. 29-2004;
amended 7-6-2010 by Ord. No. 15-2010]
Definitions. “Municipal capital improvement
project” for the purposes of this section means a municipal
acquisition of real property or major construction project.
Municipal capital improvement projects within the Township shall be exempt from subdivision, site plan or variance approval as set forth in the development regulations of the Land Development Ordinance of the Township of Readington, Chapter
148 et seq., in the following cases:
A. Where the municipal governing body is the applicant
and contract purchaser or owner of the real property which is the
subject of the governmental acquisition and development application,
and:
(1)
The primary purpose of the acquisition by the
municipality is to provide for permanently preserved property, in
fee or easement to be used for conservation, recreational or agricultural
purposes under a municipal-, county- or state-funded preservation
program, such as but not limited to the County or State Farmland Preservation
Program, New Jersey Environmental Infrastructure Trust Program, Green
Acres or other similar program; and
(2)
The application does not propose any new development.
Nothing herein shall preclude the municipality from proceeding pursuant
to this section if the application contemplates a conservation easement,
agricultural development rights easement with one or more nonseverable
"exception areas" which would allow the property to eventually be
developed for some purpose. All municipal, county, state or federal
rules or regulations shall continue to comply with the aforesaid exception
areas and no building permit shall be issued within such exception
areas until the applicant or property owner has met all applicable
rules or regulations that may apply to the future development.
B. Notwithstanding the above, the municipal entity shall
present the proposed municipal capital improvement project to the
Planning Board for a courtesy review to determine whether or not it
is in accordance with the Township's Master Plan and for any recommendations.
In the event the governing body authorizes the Planning Board to prepare
a capital improvement program, then, in those circumstances, the procedures
set forth in N.J.S.A. 40:55D-29 through 40:55D-31, et seq., shall
also be followed.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted or any building,
structure or land is used in violation of, or contrary to, the provisions
of this chapter or any building, structure or land is used in violation
of, or contrary to, any approved site plan and/or subdivision plat,
including any conditions made thereto, the Township may institute
an action to enjoin or any other appropriate action or proceeding
to prevent such erection, construction, reconstruction, alteration,
conversion or use. However, nothing in this chapter shall be construed
to restrict the right of any party to obtain a review by any court
of competent jurisdiction according to law.