[HISTORY: Adopted by the Township Committee of the Township of Lumberton 6-10-2008 by Ord. No. 2008-7. Amendments noted where applicable.]
Development regulations — See Ch. 130.
The Official Map of the Township of Lumberton, entitled "Official Map, Township of Lumberton, Burlington County, New Jersey," dated January 2008, is hereby adopted, pursuant to N.J.S.A. 40:55D-32. Said Official Map is attached hereto and made a part of this chapter, and all notations, legends, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein. Copies of the Official Map shall be on file in the office of the Township of Lumberton, where they shall remain available for public inspection.
As used in this chapter, the following terms shall have the meanings indicated:
- The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation or landfill; any use or change in the use of any building or other structure or land; and any extension of use of land for which permission may be required.
- PUBLIC AREAS
- Public parks, playgrounds, trails, paths and other recreational areas and public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
Official Map and locations/reservation. The Official Map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the Township Committee may reserve for future public use the aforesaid streets, ways, basins and areas in the manner provided in § 206-5 for the reservation of public areas.
Permits. Following the adoption of the Official Map or any amendment or revision thereto, no permit for any building or structure in the bed of any street, drainageway, flood control basin or public area shown thereon shall be issued by any official, board or agency of the Township unless an Official Map variance has been authorized and the issuance of such permit has been directed pursuant to this section.
Permits for structures not abutting a street. Following the adoption of the Official Map or any amendment or revision thereto, no permit for the erection of any building or structure shall be issued unless:
The building or structure abuts upon a street and, further, the street is shown on the Official Map, as amended or revised, is improved in accordance with the requirements of this chapter and is accessible to such building or structure; or
A street so improved gives such access and is either an existing public street, a street shown on a plat approved by the Land Development Board or a street shown on a plat duly filed with the Lumberton Township Clerk prior to the adoption of any ordinance requiring the approval of such plan by Lumberton Township; or
A variance from such requirements has been granted and the issuance of such permit has been directed pursuant to this section.
Initiation of amendment. The Official Map or any part thereof may be amended at any time in accordance with the provisions of this subsection. Such amendment may be initiated by the Township Committee, the Land Development Board or by any owner of property affected by the provisions of the Official Map sought to be amended.
Changes to the Master Plan. After adoption by the Land Development Board of the Master Plan or changes thereto, the Land Development Board shall initiate an amendment to the Official Map pursuant to this section, which amendment shall reflect any such changes in the Master Plan.
Hearing. Amendments initiated by the Township Committee or the Land Development Board shall be processed as provided in Subsections A, B and C above, except that any amendment referred to the Land Development Board by the Township Committee shall be set for hearing with all reasonable dispatch, and the Land Development Board shall act on such proposed amendment not later than 30 days following the conclusion of such hearing.
Amendment initiated by property owner. Amendments initiated by an owner of affected property shall be initiated by an application addressed to the Land Development Board and filed with the Township. Nonrefundable application and hearing fees, as established pursuant to this chapter, to help defray administrative costs and the costs of hearing shall accompany each such application.
Amendment application. The application shall be in such form and contain such information as may from time to time be established by general rule of the Land Development Board, but shall in no event contain less than the following information:
The name and address of the owner-applicant.
The address of the affected property.
Text and maps showing the proposed change or changes in the Official Map.
A statement of the reason and necessity for the proposed change or changes.
A statement of any other applications relating to the affected property which have been or are intended to be filed pursuant to this chapter or any other law, ordinance or regulation of the Township, county, state or federal government.
A statement of the present use of the affected property and any proposed change in such use.
Such other and further information as may be necessary or appropriate to full and proper consideration and disposition of the particular application.
Reservation requirements. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, parks or other public areas within the proposed development, before approving a site plan, the Land Development Board may further require that such streets, ways, basins or areas be shown on the plan in locations and sizes suitable to their intended uses. The Land Development Board may reserve the location and extent of such streets, ways, basins or areas shown on the plan for a period of one year after the approval of the final plan or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or instituted condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.
Compensation due to reservation. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.
Actions by Township. Upon submission to the Land Development Board of an application for site plan/subdivision approval for a land area subject to reservation pursuant to Subsection A above, a copy of the application shall, in addition to the usual distribution of such application, be forwarded to the Township Committee with a report summarizing the provisions of the Township Map, indicating the need for the reservation, providing a current assessment of the public need for such reservation and setting forth the date upon which the Land Development Board is expected to take final action on the application. Before such date, the Township governing body shall decide upon, and give the Land Development Board notice of, one of the following courses of action to be followed.
The Township shall forego the right to reserve the land area in question, and the Land Development Board shall consider the proposed development as if no such right existed.
The Township Committee has, prior to the date set for final action on the application, negotiated a price for the acquisition of any interests in land necessary, a program for the installation of any public improvements and an agreement as to any incidental compensation which may be due, and all approvals granted by the Land Development Board shall reflect such agreements.
Expiration of reservation. Should the Township Committee fail to so notify the Land Development Board, the Land Development Board shall proceed as if notified in pursuing the course of action set out in Subsection C(1) above. Should the Township Committee elect to proceed pursuant to Subsection C(3) above and then fail to negotiate compensation or to institute condemnation proceedings during the reservation period, the reservation shall expire and the Township Committee shall, within 30 days following the end of the reservation period, tender to the developer an amount considered by it to be just compensation for all compensable claims of the developer, pursuant to Subsection B above, arising out of the temporary reservation. The developer shall either accept and, in writing, acknowledge his acceptance of such tender in full settlement of his claim for compensation or shall institute an appropriate action for judicial determination and enforcement of his claim.