[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
There is hereby established pursuant to P.L. 1975, c. 291,[1] in the Township of Westampton a Land Development Board of nine
members consisting of the following four classes:
A.
Class I: 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: six other citizens of the municipality to be
appointed by the Mayor. The members of Class IV shall hold no other municipal
office. A member of the Environmental Commission who is also a member of the
Land Development Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Land Development Board member.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
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 the Class IV 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.
B.
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 governing
body; 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 Land Development 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 herein provided. All terms shall run from January 1 of the year
in which the appointment was made.
[Amended 11-10-1998 by Ord.
No. 24-1998]
[Added 2-7-1984 by Ord. No.
1-1984]
The Township Committee may appoint two alternate members for Class IV
members who shall meet the qualifications of Class IV members. Alternate members
shall be designated by the Mayor at the time of their appointment as "Alternate
No. 1" and "Alternate No. 2." The terms of the alternate members shall be
for two years commencing from January 1 of the year of their appointment,
except that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate member first
appointed exceed two years. Alternate members may participate in discussions
of the proceedings but may not vote, except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order that
a regular member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
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.
[Added 1-13-1998 by Ord.
No. 1-1998; amended 11-10-1998
by Ord. No. 24-1998]
Pursuant to the authority granted by P.L. 1994, c. 186, commonly cited
and referred to as the "Municipal Land Use Law," N.J.S.A. 40:55D-1 et seq.,
as amended by P.L. 1985, c. 516, and P.L. 1994, c. 186,[1] the Land Development Board of the Township of Westampton shall
consist of nine members and shall exercise to the same extent and subject
to the same restrictions all of the power of the Zoning Board of Adjustment.
[1]
Editor's Note: See N.J.S.A. 40:55D-25.
[Added 1-13-1998 by Ord.
No. 1-1998; amended 11-10-1998
by Ord. No. 24-1998]
Pursuant to N.J.S.A. 40:55D-25c(1), the Class I and III members of such
Land Development Board shall not participate in the consideration of applications
for development which involve relief pursuant to Subsection d of Section 57
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70d).
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
The Land Development Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master
Plan for the physical development of the township, including any areas outside
its boundaries which in the Board's judgment bear essential relation to the
planning of the township, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
C.
To participate in the preparation and review of programs
or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuous
planning process.
E.
To annually prepare a program of municipal capital improvement
projects projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
F.
To consider and make report to the governing body within
35 days after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40-55D-26a, and also pass upon
other matters specifically referred to the Land Development Board by the Township
Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
When reviewing applications for approval of subdivision
plats, site plans or conditional uses, to grant variances pursuant to Section
57c of c. 291, Laws of New Jersey 1975,[3] from lot area, lot dimensional, setback and yard requirements.
Whenever relief is requested pursuant to this subsection, notice of a hearing
on the application for development shall include reference to the request
for a variance or direction for issuance of a permit as the case may be.
[3]
Editor's Note: See N.J.S.A. 40:55d-70c.
H.
To hear and decide applications for a conditional use.
The term "conditional use" shall mean a use permitted in a particular zoning
district only upon the showing that such use in a specified location will
comply with the conditions and standards for the location or operation of
such use as contained in the Zoning Ordinance.[4] All uses contained in the Zoning Ordinance designated as special
exceptions shall be considered to be conditional uses.
I.
To perform such other advisory duties as are assigned
to it by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
J.
Additional powers.
(1)
The Land Development Board shall have such powers as
are granted by law to:
(a)
Hear and decide, by majority vote, appeals where it is
alleged by the appellant that there is error in any other requirement, decision
or refusal made by an administrative officer based on or made in the enforcement
of this chapter.
(b)
Hear and decide, by majority vote, requests for interpretation
of the Zoning Map or Ordinance, or for decisions upon other special questions
upon which such Board is authorized by the Zoning Ordinance to pass.
(c)
Grant, by majority vote, a variance from the strict application
of the zoning regulations where by reasons of exceptional narrowness, shallowness
or shape of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situations
or conditions of such piece of property, the strict application of any regulation
in the Zoning Ordinance would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the owner of such property,
except that if the applicant requires subdivision, site plan or conditional
use approval by the Land Development Board, the request for a variance under
these circumstances shall be acted on by the Land Development Board in conjunction
with the subdivision, site plan or conditional use application, provided that
not more than one lot is involved in the variance request. In no case shall
a variance be granted under this subsection to allow a structure or use in
a district restricted against such structure or use.
(d)
Grant a variance to allow a structure or use in a district
restricted against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 1/3 of the full authorized
membership of the Board.
(2)
No variance or other relief may be granted under the
provisions of this subsection unless such variance or other relief can be
granted without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
(3)
Any application under any subsection of this section
may be referred to any appropriate person or agency for its report, provided
that such reference shall not extend the period of time within which the Land
Development Board shall act.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
Any variance from the terms of this chapter hereafter granted by the
Land Development Board permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall expire
by limitation unless such construction or alteration shall have been actually
commenced on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within 12 months from the
date of publication of notice of the decision; 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 Land Development Board to the
governing body, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
[Amended 11-10-1998 by Ord.
No. 24-1998]
A.
Minor subdivisions. Minor subdivision approval shall
be granted or denied within 45 days of the date of submission of a complete
application to the Land Development Board or within such further time as may
be consented to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Land Development 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 Development Board before it will be accepted
for filing by the County Recording Officer.
B.
Preliminary approval of major subdivisions and site plans.
(1)
Upon submission of a complete application for a subdivision
of 10 or fewer lots or a complete application for a site plan of 10 or fewer
acres, the Land Development 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. Upon submission of a complete application
for a subdivision of more than 10 lots or submission of a complete application
of a site plan of more than 10 acres, the Land Development 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; otherwise,
the Land Development Board shall be deemed to have granted preliminary approval
for the subdivision or site plan.
(2)
A public hearing shall be held at the preliminary approval
stage for subdivision. Applicants shall be guided by Section 6, Hearings,
and Section 7, Notice, of the Municipal Land Use Law.[1] No hearings will be held with respect to minor subdivisions or
site plans at either the preliminary or final approval stages.
[1]
Editor's Note: See N.J.S.A. 40:55D-10 and 40:55D-11.
C.
Ancillary powers.
(1)
Whenever the Land Development Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 149-7G, of this chapter, the Land Development Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Land Development Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Land Development Board to act shall be issued on the request of the applicant.
(2)
All applications to the Land Development Board for a
hearing and decision on a conditional use shall be in accordance with the
procedures, fee structure, forms and evidentiary requirements set forth in
the Zoning Ordinance with respect to special exceptions.
D.
Final approval.
(1)
Application for final subdivision approval and final
site plan approval shall be granted or denied within 45 days of submission
of a complete application or within such further time as may be consented
to by the applicant.
(2)
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 Development Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the date of
the signing of the plat.
[Amended 11-10-1998 by Ord.
No. 24-1998]
A.
Applications for development within the jurisdiction
of the Land Development Board pursuant to the provisions of c. 291, P.L. 1975,[1] shall be filed with the Secretary of the Land Development Board.
For the purpose of all filings or other communications pertaining to the Land
Development Board of the Township of Westampton, the Secretary of the Land
Development Board shall be the administrative officer of said Board with the
sole exception being the obligation to furnish a list of property owners.
The submission of all applications shall be in accordance with the procedures
set forth in the existing developmental ordinances. The only changes in procedure
with respect to said ordinances will be as required under the provisions c.
291, P.L. 1975.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The requirements of the Design and Site Plan Review Ordinance
of the Township of Westampton[2] shall be interpreted to pertain to preliminary approval of site
plans only. When the applicant has obtained a preliminary approval of his
site plan or preliminary approval with conditions of the site plan, the applicant
shall file an application for final site plan approval. A fee of $25 shall
be paid, together with this application. The applicant's plan shall be in
accordance with the criteria set forth in the Design and Site Plan Review
Ordinance of the Township of Westampton and shall set forth those conditions
and requirements imposed by the Land Development Board at the time of preliminary
approval.
