[1]
Editor's Note: Former Art. II, Zoning Board of Adjustment, as amended,
was repealed 1-13-1998 by Ord. No. 1-1998. This ordinance abolished the Zoning
Board of Adjustment, subject to the requirements of N.J.S.A. 40:55D-72.1.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
The Land Development Board shall elect a Chairman and Vice Chairman
from the members of Class IV. The Board shall select a Secretary and Assistant
Secretary who may be members of the Board or municipal employees.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
There is hereby created the office of Land Development Board Attorney.
The Board may annually appoint and fix the compensation of or agree upon the
rate of compensation of the Board Attorney, who shall be an attorney other
than the Municipal Attorney.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
A.
The Land Development Board may annually employ or contract
for the services of experts and other staff and services as it may deem necessary.
The staff of the Board may include, but shall not be limited to, a Clerk or
Administrative Clerk. The Board shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing body
for its use.
B.
Board Engineer. The Land Development Board shall have
the power, right and responsibility to employ a licensed professional engineer,
who may also be the Township Engineer, to advise the Board as to engineering
matters. Said appointee shall be answerable and responsible to the Board.
The term of such appointment shall be an annual appointment. The Board Engineer
shall be the advisor on engineering matters to the Board he represents. However,
all review, plans, documents, whether for subdivision, site plan or variance,
the approval of any and all plats or plans and the signing thereof and the
review, inspection and approval of all construction made pursuant to any plats
or plans approved by the Board shall be the sole responsibility and duty of
the Township Engineer.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and taking of testimony, the provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
No member of the Land Development Board shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing of such
matter nor participate in any discussion or decision relating thereto.
A.
Meetings of the Land Development Board shall be scheduled
no less often than once a month, and any meeting so scheduled shall be held
as scheduled unless canceled for lack of applications for development to process.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
B.
Special meetings may be provided for at the call of the
Chairman or on the request of any two Board members, which meetings shall
be held on notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum
being present.
[Amended 9-21-1992 by Ord.
No. 10-1992]
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Board and of
the persons appearing by attorney, the action taken by the Board, the findings,
if any, made by it and the reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours at the
office of the Municipal Clerk/Administrator. Any interested party shall have
the right to compel production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
A.
Rules. The Land Development Board may make rules governing
the conduct of hearings before such bodies, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
B.
Oaths. The officer presiding at the hearing or such person
as he may designate shall have power to administer oaths or issue subpoenas
to compel the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the provisions
of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A.
2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to
an application for development shall be taken under oath or affirmation by
the presiding officer, and the right of cross-examination shall be permitted
to all interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu thereof
upon request to any interested party at his expense.
[Amended 9-21-1992 by Ord.
No. 10-1992; 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
Hearings shall be required with respect to submission of a preliminary
plat for major subdivision and all applications to the Land Development Board.
Whenever a hearing is required on an application for development, the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official
newspaper of the municipality or in a newspaper of general circulation in
the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing and
whether located within or without the municipality in which the applicant's
land is located. Such notice shall be given by serving a copy thereof on the
owner as shown on the current tax duplicate or his agent in charge of the
property or by mailing a copy thereof, by certified mail, to the property
owner at his address as shown on the current tax duplicate. A return receipt
is not required. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment or by
law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown on
the Official County Map or on the County Master Plan, adjoining other county
land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice shall
include a copy of any maps or documents required to be on file with the Municipal
Clerk/Administrator pursuant to Section 6b of c. 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
All notices hereinabove specified in this section shall
be given at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding the hearing
on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing, in accordance with the provisions of
N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the property
proposed for development by street address, if any, or by reference to lot
and block numbers as shown on the current tax duplicate in the Municipal Tax
Assessor's office and the location and times at which any maps and documents
for which approval is sought are available as required by law.
[Amended 8-10-1987 by Ord.
No. 11-1987]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in a sum not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners of lands within this township to whom the applicant is required to give notice pursuant to Article II, § 149-19B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution shall
include findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board within
10 days of the date of decision to the applicant or, if represented, then
to his attorney, without separate charge. A copy of the decision shall also
be mailed to all persons who have requested it and who have paid the fee prescribed
by the Board for such service. A copy of the decision shall also be filed
in the office of the Municipal Clerk/Administrator, who shall make a copy
of such filed decision available to any interested party upon payment of a
fee calculated in the same manner as those established for copies of other
public documents in the municipality.
[Amended 9-21-1992 by Ord.
No. 10-1992]
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
A brief notice of every final decision shall be published in the official
newspaper of the municipality. Such publication shall be arranged by the Secretary
of the Land Development Board. The applicant shall pay an additional fee of
$10 at the time of submission of his initial application to cover this cost.
Said notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
[Amended 1-13-1998 by Ord.
No. 1-1998; 11-10-1998 by Ord.
No. 24-1998]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every
application for development submitted to the Land Development Board shall
be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the making
of adequate provision for the payment thereof in such manner that the municipality
will be adequately protected.
The fees as required in the Township Land Subdivision Ordinance, the
Zoning Ordinance and the Design and Site Plan Review Ordinance shall be continued
until amended, with the addition of those fees contained in this chapter.[1] In the event that an application contains a request for subdivision,
variance and/or site plan approval, the appropriate fee for each application
made and approval requested shall be submitted. Any charges made against any
escrow account by any professional on behalf of the township shall be charged
against the escrow at the same rate that said employee charges the township
or as specified by ordinance, whichever is lower. In no event shall any charge
against an applicant's escrow exceed the rate of billing which that particular
township professional charges the township or the rate at which said person
receives remuneration from the township. Said charges shall be made in accordance
with a statement of fees and billing filed by each such professional employee
with the township. A statement setting the rate for township billing when
the professional employee is engaged will be adequate. Said statement shall
be held to be operative and in effect until supplanted by a new statement
of fees and charges filed by the professional and accepted by the township.
A copy of said statement or schedule shall be available to each applicant
upon request.
[Added 6-21-1979 by Ord.
No. 9-1979]
A.
Expiration of approvals. Any approval from the terms
of any developmental ordinance of the Township of Westampton, including but
not limited to the Zoning Ordinance, the Subdivision Ordinance, the Design
and Site Plan Review Ordinance, the Land Use Procedures Ordinance, those ordinances
dealing with excavation and floodplain regulation and the Soil Removal Ordinance,
shall expire unless construction shall have been actually commenced or completed
in accordance with the provisions set forth below.
(1)
Any variance, conditional use permit, special exception,
special use permit's interpretation of a Zoning Ordinance, decision with respect
to appeal from a decision of the Construction Official or other appropriate
official or any other construction official or other appropriate official,
or any other approval or decision under the land development ordinances of
this township other than subdivision and site plan approvals shall expire
unless construction or alteration shall have been actually commenced on each
and every structure permitted by said approval or unless such permitted use
has actually been commenced within one year from the date of approval by the
approving authority.
(2)
Any subdivision or site plan approval shall expire within
three years from the date of preliminary plat approval if no application has
been filed for final approval or extension of the preliminary plat approval
granted by the approving authority in accordance with the provisions of this
chapter set forth below. If final plat approval has been granted, this provision
with respect to preliminary plat approval shall be inapplicable, and the expiration
of approval shall be governed as is set forth below with respect to final
plats.
(3)
Any subdivision or site plan approval shall expire within
two years from the date of final plat approval unless construction shall have
been actually commenced on those improvements, whether on-tract, off-tract,
on-site or off-site, required as part of the approval, as a condition of the
approval or shown on the plan presented for approval or plan revised in accordance
with the approval. Said improvements shall include but not be limited to streets,
grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees,
surveyors' monuments as required by the Map Filing Law, water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plan only, other on-site improvements
and landscaping. If the performance bond covering any of the above improvements
expires prior to the two-year period following final plat approval without
completion of the aforesaid improvements covered by the bond, the approval
shall expire with the expiration of the bond.
B.
Extension of time period for approval. Any approval requiring
an improvement as is set forth above shall last for the life of the performance
bond and any extension of said bond. All improvements must be completed during
the effective life of the performance bond or the approval shall expire. Any
approval may be extended by resolution of the approving authority. Any extension
of preliminary or final approval of a site plan or subdivision by the approving
authority, pursuant to the Municipal Land Use Law, shall automatically extend
those time periods for expiration of approvals as are set forth above.
C.
Completion of construction. All improvements set forth
above must be completed during the effective life of the performance bond
guaranteeing that improvement or the approval shall expire. Those improvements
which must be commenced during a period of time following approval as is set
forth above shall be completed in accordance with the building permit or construction
permit issued by the state or municipality, within the time period set forth
by such permit or the law authorizing such permit, requiring continuation
of work upon the premises, building or use. A cessation of construction for
a six-month period shall be prima facie evidence of intent to abandon, at
which time the approval shall expire without hearing or notice unless the
permit has been renewed.
D.
Previously approved applications, uses and plans. Any
previous approval granted by the Zoning Board of Adjustment, the Land Development
Board or the township governing body of the Township of Westampton, wherein
no construction of the use approved or the improvements required by the approval
has commenced, shall expire on July 2, 1980, unless an extension is granted
by the interpretation of one of the provisions set forth in this section. [1]
[Amended 11-10-1998 by Ord.
No. 24-1998]
[1]
Editor's Note: The former section pertaining to appeals to Zoning
Board of Adjustment, which immediately followed this section, was repealed
1-13-1998 by Ord. No. 1-1998.
