Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Economic Development Advisory Committee — See Ch. 11.
Development regulations — See Ch. 130.
Tax exemptions and abatements — See Ch. 256.
[Adopted 4-6-1998 by Ord. No. 1998-14]

§ 230-1 Purpose and intent; background.

A. 
It is the purpose and intent of this article to adopt and expand upon a certain redevelopment plan recommended by the Lumberton Township Planning Board in November 1997. This article is adopted under the authority of N.J.S.A. 40A:12A-1 et seq., the Local Redevelopment and Housing Law. This article, and the redevelopment plan adopted herein, are intended to implement a series of redevelopment strategies to overcome certain obstacles to the comprehensive improvement of the Route 38 commercial corridor in order to improve the quality of life of the residents of Lumberton Township. The primary thrust of these strategies seek to remove bathers to new investment, business and jobs creation; and to deliver a wide-range of community retail services within the Route 38 redevelopment corridor. The Township Committee ultimately hopes to improve not only commercial shopping and industrial opportunities in Lumberton Township, but also housing and employment opportunities and aesthetic improvements to the Route 38 commercial corridor.
B. 
By Resolution No. 1997-110, adopted June 16, 1997, the Lumberton Township Committee directed the Township Planning Board to undertake an investigation to make certain determinations regarding the establishment of a redevelopment area within the meaning of the aforementioned Local Redevelopment and Housing Law. On or about October 13, 1997, John J. Lynch, P.P., A.I.C.P., Township Planner, issued Memorandum No. 97-25 entitled "Delineation of Area in Need of Redevelopment." This memorandum was prepared in response to the Township Committee's Resolution No. 1997-110.
C. 
On November 13, 1997, the Lumberton Township Planning Board conducted a hearing to consider the creation of a proposed redevelopment area pursuant to the criteria established at N.J.S.A. 40A:12A-1 et seq. Said hearing was conducted pursuant to all notices required by law. On December 9, 1997, the Lumberton Township Planning Board adopted Resolution No. 1997-54, entitled "Resolution Adopting a Redevelopment Plan," which incorporated by reference the Planner's Memorandum No. 97-25 aforementioned. The Lumberton Township Committee has now reviewed said memorandum, as well as a supplemental memorandum from the Township Planner, Memorandum No. 97-31 dated December 11, 1997. As a result, the Township Committee is prepared to adopt this redevelopment plan for the Township of Lumberton in accordance with the aforementioned statutes.

§ 230-2 Determination of area in need of redevelopment.

The Township Committee hereby finds and determines that the specifically delineated project area, as shown on the map attached to this article as Schedule A,[1] is an area in need of redevelopment as defined in N.J.S.A. 40A:12A-5, and further concludes that the Township Planning Board has met its obligation to follow the criteria set forth in that statute prior to making said recommendation.
A. 
The area in need of redevelopment is generally identified as consisting more or less of those lands surrounding that portion of Route 38 lying in the B-1 and B-2 Zoning Districts, and the I-1 Industrial area lying north of Route 38 in the vicinity of Maple Avenue. The area stretches east to west from Eayrestown Road to the Lumberton/Hainesport boundary and is located in the northernmost portion of the municipality.
B. 
Those parcels along County Route 541/North Main Street from the bridge traversing the south branch of the Rancocas Creek just north of Edward Street and south of Pointe Street, to that point just south of the intersection of Route 33 and Main Street which is the boundary of the existing redevelopment area; and the area along Route 38 beyond the boundary of the existing redevelopment area to the boundary of Lumberton Township near the Smithville Road area; all as more accurately reflected on the attached Exhibit A[2] showing the existing redevelopment area and the proposed redevelopment areas.
[Added 1-19-1999 by Ord. No. 1999-1]
[2]
Editor's Note: Said Schedule A is on file in the Township offices.
C. 
Those areas along County Route 541, from Route 38 to the County Route 541/Main Street intersection (across from Bobby's Run Boulevard), and specifically, although not by way of limitation, including all the land on both sides of Route 541 between those two terminus points, and generally known as Block 15, Lot 6.01; Block 15.03, Lots 1 and 2; Block 15.04, Lots 1 and 2.01; or as more accurately reflected on the attached Schedule A[3] showing the existing redevelopment area and the proposed redevelopment areas.
[Added 12-6-199 by Ord. No. 199-25]
[3]
Editor's Note: Said Schedule A is on file in the Township offices.
D. 
Block 19.58, Lots 1 and 2; Block 20, Lot 16.04; and Block 20.03, Lot 13.
[Added 7-21-2003 by Ord. No. 2003-6]
[1]
Editor's Note: Said Schedule A is on file in the Township offices.

§ 230-3 Adoption of redevelopment plan. [1]

A. 
Planning Board recommendations. The Township Committee hereby adopts by reference, and incorporates the same herein as if set forth at length, the Planning Board's Resolution No. 1997-54 and the Township Planner's Memorandum No. 97-25. In adopting said recommendations, the governing body hereby declares and determines that same meet the criteria, guidelines and conditions set forth at N.J.S.A. 40A:12A-7; that they provide realistic opportunities for redevelopment in said area when combined with other initiatives set forth in this article; and that, when combined with the balance of this article, are otherwise in conformance with the provisions of the Local Redevelopment and Housing Law, N J.S.A. 40A:12A-1 et seq.
B. 
Supplemental provisions to redevelopment plan.
(1) 
Planner's Memorandum 97-31. In addition to the recommendations and comments contained in the Planner's Memorandum No. 97-31, the Township Committee also incorporates the Planner's recommendations in Memorandum No. 97-31, dated December 11, 1997, subject however to the following caveat: the recommendation for the establishment of a special improvement district (SID) is not incorporated into this redevelopment plan. The Township Committee reserves the right at some point in the future, however, to amend this plan to incorporate such a concept.
(2) 
Goals and objectives of Route 38 commercial corridor redevelopment area. The Redevelopment and Housing Law provides that no redevelopment project shall be undertaken except in accordance with a redevelopment plan adopted by ordinance. The redevelopment plan is required to indicate its relationship to definite local objectives as to appropriate land uses, density of population and improved traffic and public transportation, public utilities, recreation and community facilities and other public improvements. The following are the goals and objectives of the Route 38 commercial corridor redevelopment area:
(a) 
A broad range and variety of commercial and industrial services should be available to Lumberton Township residents and visitors along the Route 38 commercial corridor, providing essential goods and services locally, rather than relying on commercial services at remote locations.
(b) 
The Route 38 commercial corridor should function as a hub of community activity and as the Township's essential place for shopping, cultural and other leisure activities which will attract visitors and residents to the Route 38 commercial corridor.
(c) 
Aesthetic improvements throughout the redevelopment area should result in an architecturally attractive, physically and visually uncluttered, clean and landscaped environment.
(d) 
Traffic improvement should provide safe, improved access for all modes of travel.
(e) 
Retail development which promotes tourism to the Route 38 commercial corridor redevelopment area is desirable and should be encouraged.
(f) 
The core of business establishments offering basic goods and services should be improved and expanded. Residents' needs for such items as groceries, apparel, household supplies, personal and medical services should be provided in an attractive environment that is clean and safe.
(g) 
A unifying architectural theme should be developed to improve the appearance of buildings and surroundings. Facade improvements to existing buildings and the construction of new structures should follow the architectural theme to the greatest extent achievable.
(h) 
Standards should provide for attractive signage, consistent with aesthetic and architectural themes. Signage should be scaled to appropriate sizes, heights and placement which complements the Route 38 commercial corridor character and eliminates clutter.
(i) 
Roadways, parking areas and sidewalks throughout the Route 38 commercial corridor redevelopment area should be well marked, lit and landscaped to ensure safe, attractive access to the Route 38 commercial corridor.
(j) 
A series of pedestrian linkages should be developed which promote safe pedestrian access along roadway corridors and connect with residential, commercial, public and recreational opportunities around the Route 38 commercial corridor. The system should include both conventional sidewalks and a system of pathways which promote safe public access to all ranges of land uses and activities available along the collector roads which service the Route 38 commercial corridor. This plan should not be interpreted to promote pedestrian, bicycle or other nonvehicular traffic along Route 38 itself.
C. 
Redevelopment plan strategies.
(1) 
New development. There are a number of principal vacant and undeveloped portions along the Route 38 commercial corridor which should be a focus for new development. With proper planning and the provision of developer incentives, such as tax abatement, these lands hold the potential to yield millions of dollars in new ratable value as a result of the redevelopment plan.
(2) 
Redevelopment. There are a number of parcels of land in the Route 38 commercial corridor for which redevelopment initiatives would provide substantial benefits to both the property owners and to the municipality vis-a-vis increasing ratables and providing better and higher quality commercial opportunities to local residents.
(3) 
Redevelopment plan incentives. In preparing the Route 38 commercial corridor redevelopment plan, the Township has identified a series of efforts and commitments which will be brought to this commercial corridor and which are deemed to be particularly useful in implementing the redevelopment plan. They include:
(a) 
Tax abatement. New Jersey's Five-Year Tax Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq., which will be available to businesses within the redevelopment area, can attract new business and promote the expansion of existing businesses by reducing and/or freezing the tax liability associated with new development and redevelopment during a five-year period. This technique allows the Township to forgive or abate taxes due on new construction, additions or substantial renovations by limiting the increased assessment on improved value during the subsequent five-year tax period. The redevelopment plan provides for tax abatement for new construction or substantial improvements to existing buildings within the Route 38 commercial corridor redevelopment area.
(b) 
Development financing. Below market interest loans to the redevelopment area businesses will be solicited through the Township's Economic Development Committee.[2] Lumberton Township will approach local banks and lending institutions to provide a loan reserve commitment to create a pool of resources available for new construction and redevelopment pursuant to the Federal Community Reinvestment Act (FCRA), 12 U.S.C. § 2901 et seq. This federal law imposes on regulated financial institutions an affirmative and continuing duty to help meet the credit needs of the local communities in which they are chartered consistent with safe and sound operations.
[2]
Editor's Note: See Ch. 11, Economic Development Advisory Committee.
(c) 
Government grants. To the extent possible, and in appropriate circumstances, the Township will assist businesses seeking to develop new construction and/or redevelop existing facilities in securing state and/or federal funding by way of grants. These might either be through the Economic Development Authority or such other sources of funding as might be available.
(d) 
Economic Development Committee/redevelopment area association. Redevelopment initiatives stand the greatest chances of success when teamed with community support and acceptance. The existing Economic Development Committee of Lumberton Township, when joined with other entities in the redevelopment area, will serve as an advisory and advocacy group consisting of redevelopment area business operators, banking and real estate interest, employees, residents and representatives of religious organizations and is intended to provide support and advice to the Township Committee in implementing the redevelopment plan.
(e) 
Fast-track approval process. This initiative will provide for expedited review and approval of local development proposals within the redevelopment area. Included among the strategies for fast-track approvals are expedited concept plan review, technical advisory committee review and an expedited hearing process, which may involve the scheduling of special Planning Board meetings specifically for review of redevelopment area proposals. Technical assistance to applicants and businesses within the redevelopment area in the formulation of development concepts and application preparation will also serve to expedite the approval process.
(f) 
Architectural themes. An objective of the redevelopment plan will be to improve the visual attractiveness of the built environment and new development. Toward that end, the Planning Board will be required to develop an architectural theme for new development and redevelopment. The Planning Board will need to analyze the Route 38 commercial corridor to include an urban design subplan element, which can utilize the relationships between building height, length, width and roof angles to promote an attractive retail environment. This is intended to advance an architecturally pleasing appearance throughout all developments within the redevelopment area. Similarly, theme lighting, coordinated signage and street furniture should be respectful of and complement the architectural theme.
(g) 
Landscape standards. The redevelopment plan will ensure that all new development and redevelopment will be attractively complemented by landscape plantings which enhance the physical appearance of buildings and site development. Landscape plantings should enhance the natural landscape and, wherever possible, flowering shrubs should be used to enhance the appearance to buildings and to provide for seasonal displays of flowering shrubbery. All development should seek to maximize the extent of landscaped areas and minimize excessive lot coverage with paving and other impervious surfaces. Development plans should provide landscaped shade tree plantings along street frontages and locate green spaces where they will provide the greatest visual enhancement.
(h) 
Signage regulations. Standards should be developed to improve existing B-1, B-2 and I-1 Zone signage controls. The redevelopment plan seeks to eliminate the proliferation of large imposing signage within the Route 38 commercial corridor redevelopment area. The placement and size of signs should be limited to appropriate heights and dimensions that visually enhance the character and architectural theme of the Route 38 commercial corridor. Additionally, the following specific changes should be made to Route 38 commercial corridor sign regulations:
[1] 
Maximum allowable size of freestanding and attached signs for businesses should be analyzed to determine if they need to be reduced.
[2] 
Setbacks for freestanding signs should be designed to reduce visual clutter within the redevelopment area streetscape and minimize viewshed obstructions.
[3] 
Signs should be constructed of materials and designs that reflect a sensitivity to the architectural theme to be developed in the redevelopment area.
[4] 
Signs attached to buildings should seek to complement and not compete with interesting architectural building elements.
(i) 
Traffic flow. Many of the commercial properties along Route 38 are not laid out according to current standards. Many buildings are located too close to the highway, and others have obsolete parking arrangements. Truck traffic is inadequately accommodated in many of the uses, and there is a general need to encourage reinvestment in the area in order to correct problems associated without modal commercial layouts and substandard and obsolete buildings signs. Future developments and applications for approval will be required to address these specific concerns.
(4) 
Master plan relationships.
(a) 
State plan. The State Development and Redevelopment Plan Reexamination Report and Preliminary Plan, June 25, 1997, seeks to focus new development and redevelopment efforts in centers. The 1997 Reexamination Report specifically identifies Lumberton Township's status as the first community to adopt a transfer of development rights (TDR) ordinance under the 1989 Burlington County Transfer of Development Rights Demonstration Act, N.J.S.A. 40:55D-113. The TDR program is recognized as a tool to preserve farmland while accommodating development and to potentially define centers. The focus of development and redevelopment along the Route 38 commercial corridor would serve to enhance the state plan by providing a centralized commercial district to service the needs of the residents living in the TDR receiving areas.
(b) 
County plan. Burlington County does not maintain a County Master Plan.
(c) 
Municipal plans. The Route 38 commercial corridor redevelopment area abuts the boundary of Hainesport Township at its westerly boundary and Mount Holly Township at its northerly and easterly boundaries. Mount Holly Township specifically has been recently designated as an urban enterprise zone by the State of New Jersey, and the establishment of this Route 38 commercial corridor as a redevelopment area can only serve to complement the initiatives in Mount Holly Township in creating this area as a destination point for commerce. Hainesport's commercial zone also borders Route 38; thus the redevelopment plan is consistent with Hainesport's master plan.
(d) 
Lumberton Township Master Plan. The Route 38 commercial corridor is described in Lumberton Township's Master Plan as providing opportunities for commercial, industrial and other nonresidential opportunities. As such, the redevelopment plan promotes the objectives of the Master Plan and is designed to effectuate promotion of commercial and industrial opportunities in this area.
(5) 
Code enforcement. Effective enforcement of zoning and property maintenance regulations will play an important role in achieving a revitalized Route 38 commercial corridor. In some cases, unauthorized expansion of structures or conversion to alternate uses has overburdened some parcels. A comparison of existing versus authorized uses and buildings should be undertaken within the Route 38 commercial corridor to assure the public health and safety are protected and that all buildings comply with existing regulations. Unauthorized uses and activities within the redevelopment area should be brought into compliance with applicable regulation.
(a) 
Property maintenance. Property maintenance is also a critical component in a revitalized commercial corridor. The redevelopment area should be the focus of a concerted effort to improve the level of maintenance throughout the Route 38 commercial corridor. Township Code Enforcement Officials and Zoning Officers should conduct bench mark surveys of property maintenance on each property with photographic documentation of existing conditions. This will permit monitoring and evaluation of the progress in improving property maintenance.
(b) 
Informing the public. A public education effort should also be part of any property maintenance improvement effort to advise residents and business owners of ongoing redevelopment efforts and the role of property maintenance. Many, if not most, property owners will respond with voluntary efforts to comply with this important aspect of revitalization. However, where a voluntary compliance is not forthcoming, the Township should be prepared to act quickly and effectively to eliminate conditions which degrade the character of the Route 38 commercial corridor redevelopment area.
[1]
Editor's Note: See § 230-8.

§ 230-4 Powers and authority of municipality in furtherance of redevelopment plan.

The Township Committee, as the governing body of the Township of Lumberton, shall have and be entitled to, and is hereby vested with, all powers and authority available to it in furtherance of the goals and purposes of said redevelopment plan. The Township Committee is specifically empowered with, and authorized to undertake, all such actions, proceedings and undertakings as set forth at N.J.S.A. 40A:12A-1 et seq., including by way of example and not by way of limitation, those powers set forth at N.J.S.A. 40A:12A-8, 40A:12A-9, 40A:12A-10, 40A:12A-13, 40A:12A-22, 40A:12A-27, 40A:12A-37, 40A:12A-38 and 40A:12A-39 et seq.

§ 230-5 Annual reports.

Pursuant to the requirements of N.J.S.A. 40A:12A-43, the Township shall submit an annual report to the Commissioner of the Department of Community Affairs of the State of New Jersey indicating the name, location and size of all projects undertaken in the redevelopment area. In addition, the annual report shall contain such information as the Commissioner shall deem necessary in order to fulfill the reporting requirements of N.J.S.A. 52:27D-3.3.

§ 230-6 Fees and charges for proposed redevelopment.

[Added 2-20-2007 by Ord. No. 2007-3]
A. 
The following fees shall be payable in connection with submittals to the Township Committee of the Township of Lumberton for all projects located within a duly designated Redevelopment Zone of the municipality. Said fee shall be nonrefundable and shall be used solely for purposes of processing said application or review. It shall include all work done in connection with said application or review other than those fees charged for professional services.
B. 
The escrow fee charged for review shall be used exclusively for professional reviews by the "architects, engineers, planners and/or attorneys" employed by the municipality. Said escrow fees shall be so segregated for each application so that the fee to be paid shall be utilized only for the particular project. In the event any of the escrow remains unused at the conclusion of the application, said amount that is not utilized shall be returned to the applicant upon written request. If the escrow fee charged is insufficient so as to cover the professional fees applicable to that particular project, then that applicant shall be required to pay all deficiencies within his or her individual account. When it has been determined that an escrow account has been depleted by 2/3 of the original fee, same shall be replenished by an additional 1/3 of the original escrow fee.
C. 
Fees.
(1) 
The following fees shall be established for review by the Township Committee for projects within a duly designated redevelopment area.
Type
Application Fee
Escrow Fee
Residential (single lot)
$350
$500
Residential (more than one lot)
$750
$2,500 + $100 per lot
Commercial
$1,250
$5,000
(2) 
In addition, any escrow fees remaining on account after the conclusion of review by the Township's redevelopment entity may be utilized for purposes of escrow deposits for applications before the Township's Land Development Board or returned to the applicant at the applicant's option. All such escrow fees shall be maintained in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55d-1 et seq.

§ 230-7 A-1 Pallet Site Redevelopment Plan.

[Added 6-19-2007 by Ord. No. 2007-9]
A. 
The A-1 Pallet Site Redevelopment Plan, dated April 20, 2007, shall govern as the redevelopment plan for Block 16, Lot 1.02 on the Tax Assessment Parcel Maps of the Township of Lumberton, in accordance with N.J.S.A. 40A:12A-7, and shall supersede any more general plan for the redevelopment area adopted under § 230-3.
B. 
The redevelopment plan shall supersede Chapter 130, Development Regulations, as governing land use and area, building coverage and yard requirements as set forth in the section of the A-1 Pallet Site Redevelopment Plan entitled, "Relationship of Redevelopment Plan Regulations and Lumberton's Development Regulations Ordinance."

§ 230-8 Plan to supersede other provisions.

[Added 5-6-2008 by Ord. No. 2008-6]
A. 
The Route 38 Highway Corridor Redevelopment Plan, dated March 12, 2008, shall govern as the redevelopment plan for Block 6, Lots 1 and 2; Block 8, Lots 3-9 and 11; Block 14.03, Lots 1-3, 4.01, 4.02 and 4.03; Block 15, Lots 2, 4.01, 4.02, 5 and 6.02; and Block 60.01, Lot 1.01 (part) on the Tax Assessment Parcel Maps of the Township of Lumberton, in accordance with N.J.S.A. 40A:12A-7, and shall supersede any more general plan for the redevelopment area adopted under § 230-3.
B. 
The Redevelopment Plan shall supersede Chapter 130, Development Regulations, as governing land use and area, building coverage and yard requirements as set forth in the section of the Route 38 Corridor Redevelopment Plan entitled "Relationship of Redevelopment Plan Regulations and Lumberton’s Development Regulations Ordinance."