[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 6-10-2008 by Ord. No. 2008-7. Amendments noted where
applicable.]
GENERAL REFERENCES
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 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.
A.
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.
B.
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.
C.
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:
(1)
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
(2)
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
(3)
A variance from such requirements has been granted
and the issuance of such permit has been directed pursuant to this
section.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
(1)
The name and address of the owner-applicant.
(2)
The address of the affected property.
(3)
Text and maps showing the proposed change or changes
in the Official Map.
(4)
A statement of the reason and necessity for the proposed
change or changes.
(5)
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.
(6)
A statement of the present use of the affected property
and any proposed change in such use.
(7)
Such other and further information as may be necessary
or appropriate to full and proper consideration and disposition of
the particular application.
A.
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.
B.
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.
C.
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.
(1)
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.
(2)
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.
D.
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.
