[Added by Ord. No. 9-80; amended 11-10-2016 by Ord. No. 2016-11]
A.
There shall be in the Township of Fredon, pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., and specifically N.J.S.A.
40:55D-25c, a Land Use Board of nine members consisting of the following
four classes:
(1)
Class I. The mayor.
(2)
Class II. One of the officials of the Township other than a member
of the Township Committee, to be appointed by the Mayor.
(3)
Class III. A member of the Township Committee, to be appointed by
it.
(4)
Class IV. Six other citizens of the Town, to be appointed by the
Township Committee. The Class IV members shall hold no other office
in Town.
B.
There shall also be four alternate members appointed to the Land
Use Board in the same manner as Class IV members who shall be designated
by the Chair of the Land Use Board as "Alternate No. 1" through "Alternate
No. 4." Upon the effective date of this ordinance[1], to stagger appointment expiration dates, Alternate Nos.
1 and 3 shall be appointed for a term of two years each, and Alternate
Nos. 2 and 4 shall be appointed for a term of one year each. Thereafter
an alternate member shall be appointed for a term of two years.
[1]
Editor's Note: “This ordinance” refers to Ord.
No. 2016-11, effective 1-1-2017.
C.
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 members are to vote, Alternate
No. 1 shall be chosen first, followed in turn by Alternate No. 2,
then Alternate No. 3 and then Alternate No. 4, if necessary.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a Class I member, after a public
hearing if he requests one, may be removed by the Township Committee
for cause.
The Land Use Board shall elect a chairman and vice chairman
from the members of Class IV and select a secretary who may be either
a member of the Land Use Board, a Township employee or other qualified
person designated by it.
There is hereby created the office of Land Use Board attorney.
The Land Use Board may annually appoint, fix the compensation of,
or agree upon the rate of compensation of, the Land Use Board attorney,
who shall be an attorney other than the Township attorney.
In addition, the Land Use Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Township Committee
for its use.
[Added 11-10-2016 by Ord.
No. 2016-11 [1]]
Any variance from the terms of this chapter hereinafter granted
by the Land Use 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 such variance, or unless such permitted use has actually been commenced
within nine months from the date of entry of the judgment or determination
of the Board; 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 Board to the Township Committee, or to a
court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Amended by Ord. No. 9-80]
The Land Use 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.
To administer the provisions of the land subdivision and site plan
review chapters of the Township in accordance with the provisions
of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A.
40:55D-1 et seq.
C.
To hear applications for conditional uses and in proper cases to
approve conditional use permits in accordance with the provisions
of the zoning chapter, pursuant to N.J.S.A. 40:55D-67.
D.
To participate in the preparation and review of programs or plans
required of the Land Use Board by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous planning
process.
F.
To annually prepare a program of Township capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
such to the Township Committee.
G.
To consider and make report to the Township Committee 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-26(a), and also
pass upon other matters specifically referred to the Land Use Board
by the Township Committee, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
H.
Pursuant to N.J.S.A. 40:55D-25c, the Land Use Board shall exercise,
to the same extent and subject to the same restrictions, all powers
of a zoning board of adjustment as listed and provided under the Municipal
Land Use Law. In the event an application requires relief under N.J.S.A.
40:55D-70d, the Class I and Class III members of the Land Use Board
shall not participate in the consideration thereof, and said application
shall be considered by no more than seven members/alternates.
[Amended 11-10-2016 by Ord. No. 2016-11 [1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
I.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies or officers.
[Amended by Ord. No. 9-80]
A.
Minor subdivisions. Upon submission of a complete application, the
Land Use Board shall grant or deny minor subdivision or site plan
approvals within 45 days of certification of completion of such submission
or within such further time as may be consented to by the developer.
Approval of a minor subdivision shall expire 190 days from the date
of Land Use Board approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the County Recording Officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed shall
be signed by the chairman and secretary of the Land Use Board before
it will be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Preliminary approval, site plans and subdivisions.
(1)
Upon submission of a complete application for a site plan which involves
10 acres of land or less, and 10 dwelling units or less, or for a
subdivision of 10 or fewer lots, the Land Use Board shall grant or
deny preliminary approval within 45 days of certification of completeness
of such submission, or within such further time as it may be consented
to by the developer.
(2)
Upon submission of a complete application for a site plan which involves
more than 10 acres or more than 10 dwelling units, or for a subdivision
of more than 10 lots, the Land Use Board shall grant or deny preliminary
approval within 95 days of the date of certification of completeness
of such submission, or within such further time as may be consented
to by the developer. Otherwise, the Land Use Board shall be deemed
to have granted preliminary approval to the subdivision or site plan.
C.
Ancillary powers. Whenever the Land Use Board is called upon to exercise its ancillary powers as set forth in § 45-8H of this chapter, the Land Use Board shall grant or deny approval of the application within 95 days of certification of completeness of such application by the developer, or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute approval of the application and a certificate from the Secretary of the Land Use Board as to the failure of the Land Use Board to act shall be issued upon request of the applicant.
D.
Final approval.
(1)
Application for final subdivision or site plan approval shall be
granted or denied within 45 days of certification of completeness
of the application or within such further time as may be consented
to by the applicant. Failure of the Land Use Board to act within the
period prescribed shall constitute approval of the application and
a certificate from the Secretary of the Land Use Board as to the failure
of the Land Use Board to act shall be issued upon request of 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 Use Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
[Added by Ord. No. 9-80; amended by Ord. No.
20-84; Ord. No.
2-86; Ord. No.
2001-08]
A.
Certification of completeness of application. Applications for development within the jurisdiction of the Land Use Board shall be reviewed for completeness in accordance with the provisions of § 45-33 of this chapter.
B.
Procedure for filing application.
(1)
Applications for development within the jurisdiction of the Land
Use Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq.,
shall be filed with the Secretary of the Land Use Board. Applicants
shall file at least 30 days before the date of the monthly meeting
of the Board:
(a)
Sixteen copies of any conceptual plan to be reviewed by the
Board.
(b)
Sixteen copies of an application for either major or minor subdivision
approval.
(c)
Sixteen copies of an application for either major or minor site
plan review.
(d)
Sixteen copies of an application for conditional use approval.
(e)
Sixteen copies of an application for a planned development.
(2)
At the time of filing this application, but in no event less than
30 days prior to the date set for hearing, the applicant shall also
file all plot plans, maps or other papers required by virtue of any
provision of this chapter or any rule of the Land Use Board.
(3)
The applicant shall also obtain all necessary forms from the Secretary
of the Land Use Board. The Secretary of the Land Use Board shall inform
the applicant of the steps to be taken to initiate applications and
of the regular meeting dates of the Land Use Board.
(4)
After the initial submission of an original application for development,
in the event the applicant desires or is required to prepare revisions
to the originally submitted plat and/or submit additional data or
documentation in support thereof, same shall be submitted to the Secretary
of the reviewing board having jurisdiction thereof at least 15 working
days, excluding Saturdays, Sundays and legal holidays, prior to the
work meeting or regular meeting of the reviewing board having jurisdiction
thereof at which consideration or review of the application is expected.
(5)
In the event such resubmissions are not made in accordance with the
advance filing requirements set forth above, the revision shall not
be reviewed by the Board engineer, attorney or planner, nor considered
by the reviewing board having jurisdiction thereof until the next
subsequent scheduled work meeting or regular meeting following such
late submission.
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Land Use Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared and submitted
to the Planting Board an index of the natural resources of the Township,
the Land Use Board shall make available to the Environmental Commission
an information copy of every application for development to the Land
Use Board. Failure of the Land Use Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
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.
