Editor's Note: Prior ordinance history includes portions
of Ordinance 7/13/76, 8/18/78, 12/9/80, 4/13/82, 6/17/86, 9/1/87,
10/6/87, 11/22/88 and 6/7/95.
Attachment 1 - Schedule A - Minor Subdivision Checklist
Attachment 2 - Schedule B - Preliminary Major Subdivision ChecklistAttachment 3 - Schedule C - Final Major Subdivision ChecklistAttachment 4 - Schedule D - Preliminary Site Plan ChecklistAttachment 5 - Schedule E - Final Site Plan ChecklistAttachment 6 - Schedule F - Variance ChecklistAttachment 7 - Schedule G - Minor Site Plan ChecklistAttachment 8 - Schedule H - Application Fees and Miscellaneous FeesAtatchment 9 - Schedule I - Escrow Fees
Attachment 2 - Schedule B - Preliminary Major Subdivision ChecklistAttachment 3 - Schedule C - Final Major Subdivision ChecklistAttachment 4 - Schedule D - Preliminary Site Plan ChecklistAttachment 5 - Schedule E - Final Site Plan ChecklistAttachment 6 - Schedule F - Variance ChecklistAttachment 7 - Schedule G - Minor Site Plan ChecklistAttachment 8 - Schedule H - Application Fees and Miscellaneous FeesAtatchment 9 - Schedule I - Escrow Fees[Ord. 6/5/02, § 14-1.1]
There is hereby established pursuant to N.J.S.A. 40:55D-25c
in the Township a Land Use Board of nine members consisting of the
following four classes:
Class I — The mayor or his designee.
Class II — One of the officials of the Township other
than a member of the Township Committee to be appointed by the Mayor.
Class III — A member of the Township Committee to be appointed
by it.
Class IV — Six other citizens of the Township to be appointed
by the Township Committee. The members of Class IV shall hold no other
Township office. One Class IV member may be a member of the Board
of Education. If there is a Municipal Environmental Commission, a
member of the Environmental Commission who is also a member of the
Land Use Board shall be a Class IV member unless there is among the
Class IV members or alternates a member of the Historic Preservation
Commission and a member of the Board of Education in which case the
common member of the Board and the Environmental Commission shall
be deemed a Class II member of the Board.
There may also be not more than two alternate members appointed
to the Land Use Board in the same manner as Class IV members who shall
be designated as "Alternate No. 1" and "Alternate No. 2."
Alternate members may participate in discussion 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 member is to vote, Alternate
No. 1 shall vote.
The Class IV and alternate members shall hold no other municipal
office position or employment in the municipality.
[Ord. 6/5/02, § 14-1.2]
The terms of the member composing Class I shall correspond to
the Mayor's official tenure, or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first, except for the Class II member who is also a member
of the Environmental Commission. The term of the Class II or Class
IV member, who is also a member of the Environmental Commission shall
be for three years or terminate upon the completion of his term of
office as a member of the Environmental Commission, which- ever occurs
first. The term of the Class IV member who is also a member of the
Board of Education shall terminate whenever he is no longer a member
of the such other body or at the completion of his Class IV term,
whichever occurs first. The terms of all Class IV members first appointed
under this section shall be so determined that to the greatest practical
extent, the expiration of such term shall be distributed evenly over
the first four years after their appointment, provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
term of each Class IV member shall be four years and shall run from
January 1st of the year in which the appointment is made.
The terms of alternate members shall be for two years except
that of the alternate members first appointed, one shall be appointed
for a one year term and one shall be appointed for a two year term,
the terms to run from January 1 of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
No member of the Board shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
financial interest. Any member other than the Class I member, after
a public hearing, if he requests one, may be removed by the Governing
Body for cause.
[Ord. 6/5/02, § 14-1.3; Ord. No. 2010-05, § 1]
In accordance with N.J.S.A. 40A:9-12.1, any member of the Board
who fails to attend and participate at meetings of the Land Use Board,
without being excused, for a period of eight consecutive weeks, or
for four consecutive regular meetings, whichever shall be of longer
duration, shall be deemed to have vacated their position. If a vacancy
of any class shall occur otherwise than by expiration of term, it
shall be filled by appointment as above provided for the unexpired
term.
[Ord. 6/5/02, § 14-1.4]
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 or a Township employee designated by
it.
[Ord. 6/5/02, § 14-1.5]
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.
[Ord. 6/5/02, § 14-1.6]
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.
[Ord. 6/5/02, § 14-1.7]
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, adopt and 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.
Said Master Plan shall be reexamined every six years in accordance
with the provisions of N.J.S.A. 40:55D-89. The next reexamination
shall be completed at least once every six years from the previous
reexamination. The absence of the adoption by the Land Use Board of
a reexamination report pursuant to statute shall constitute a rebuttable
presumption that the municipal development regulations are no longer
reasonable.
b.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance[1] of the Township in accordance with the provisions of said
ordinances and the Municipal Land Use Law, C. 291, P.L. 1975, N.J.S.A.
40:55D-1 et seq.
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of Township capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Township Committee.
f.
To consider and make report to the Governing Body 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) which report
shall identify any provisions in the proposed development regulations,
revision or amendment which are inconsistent with the Master Plan,
and shall include recommendations concerning these inconsistencies,
and any other matters the Board deems appropriate; and also pass upon
other matters specifically referred to the Land Use Board by the Governing
Body pursuant to provisions of N.J.S.A. 40:55D-26b.
g.
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.
h.
To consider and make a report within 45 days of its receipt upon
any petition for annexation submitted to the Governing Body of the
municipality and referred to the Land Use Board pursuant to the provisions
of N.J.S.A. 40A:7-12.
i.
To review a petition for inclusion of a parcel in a municipally approved
Farmland Preservation Program pursuant to N.J.S.A. 4:1C-21(c).
j.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency, based on or made in the enforcement
of the Zoning Ordinance.
k.
Hear and decide requests for interpretation of the Map or Zoning
Ordinance, or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
l.
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the Zoning Chapter[2] would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship, including a variance for a
conditional use, provided, however, that no variance shall be granted
under this paragraph to allow a structure or use in a district restricted
against such structure or use; and provided further that the proposed
development does not require approval by the Land Use Board of a subdivision,
site plan or conditional use in conjunction with which the Land Use
Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60a
of the Municipal Land Use Law of 1975 as amended; and
m.
In particular cases and for special reasons, grant a variance to
allow departure from regulations set forth in the Zoning Chapter[3] including, but not limited to, allowing a structure or
use in a district restricted against such structure or use but only
by affirmative vote of at least five members of the Board.
n.
No variance or other relief may be granted under the provisions of
this subsection unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
Any application under this subsection may be referred to any appropriate
person or agency, including the Land Use Board, for its report provided
that such reference shall not extend the period of time within which
the Land Use Board shall act.
o.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
p.
The Land Use Board shall have the power to grant subdivision or site plan approval pursuant to N.J.S.A. 40:5D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Land Use Board of a variance pursuant to subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Land Use Board. No such subsequent approvals shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approvals shall be as otherwise provided in this Act for the approval in question, and the special vote pursuant to the aforesaid subsection of Section 57 (N.J.S.A. 40:55D-70d) shall not be required.
q.
The Land Use Board shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report on its findings on Zoning Ordinance provisions
which were the subject of variance requests and its recommendations
for zoning ordinance amendment and revision, if any. The Land Use
Board shall send copies of the report and resolution to the Governing
Body.
[Ord. 6/5/02 § 14-1.8]
a.
Minor Subdivisions and Site Plan. Minor subdivision or site plan
applications shall be granted or denied within 45 days of the date
of certification of, submission of a complete application, or within
such further time as may be consented to by the applicant. 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, or a
deed clearly describing the approved minor subdivision, is filed by
the developer with the County Recording Officer, the Municipal Engineer
and the Municipal Tax Assessor. Any such plat or deed must be signed
by the Chairman and Secretary of the Land Use Board before it will
be accepted for filing by the County Recording Officer. Minor site
plan approval shall be deemed to be final approval of the site plan
by the board, provided the Board or a Site Plan Committee of the Board
appointed by the chairman finds that the application conforms to the
definition of minor site plan, and further provided that the Board
or said subcommittee may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
Any approvals given pursuant to this subsection shall be conditioned
upon timely receipt of a favorable report on the application by the
County Land Use Board or approval by the County Land Use Board by
its failure to report thereon within the required time period.
b.
Preliminary Approval, Site Plans and Subdivisions. 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 may be consented to by the developer.
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 and the applicant shall comply with the provisions of subsection 14-2.12.
c.
Final Approval. 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.
d.
The Board shall render its decision on variances not later than 120
days after an application has been determined complete.
[Ord. 6/5/02 § 14-1.9; Ord. No. 2005-1 § 1; Ord. No. 2006-10 § 1; Ord. No. 2009-15 § 4; Ord. No. 2011-08 § 5; Ord. No. 2013-02 § 2; Ord. No. 2013-03 §§ 4, 5;
amended 5-4-2021 by Ord. No. 2021-11]
a.
Certification of Completeness of Application. If an application for
development is found to be incomplete in accordance with the checklists
that are made a part of this section as Schedule A through G, as applicable,
the developer shall be notified in writing of the deficiencies therein
by the Board or the Board's designee for the determination of completeness
within 45 days of the submission of such an application for development
or it shall be deemed to be properly submitted.
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
b.
Procedure for Filing Application. 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 21 days before
the date of the monthly meeting of the Board:
1.
Fifteen copies of any conceptual plan to be reviewed by the Board;
2.
Fifteen copies of applications for minor subdivision approval;
3.
Fifteen copies of applications for major subdivision approval; and
4.
Fifteen copies of an application for either major or minor site plan
review, conditional use approval or planned development.
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.
At the time of filing the application the applicant shall also
file three copies of all plot plans or site plans, and shall also
file all other papers required by virtue of any provision of this
chapter, or the Land Subdivision, Site Plan or Zoning Chapters[1] of the Township or required by any rule or regulation
of this Board. When the application has been certified to be complete
applicant shall be notified of the date set for hearing and shall
then file eight copies of all plot plans, site plans or maps, showing
any revisions required as a result of review for completeness, with
the Secretary of the Land Use Board at least 10 days prior to the
date set for hearing, and shall also give all notices as required
by ordinance or statute.
[Ord. 6/5/02 § 14-1.10]
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 serve
at the pleasure of the Mayor.
[Ord. 6/5/02 § 14-1.11]
Whenever the Environmental Commission has prepared and submitted
to the Land Use Board an index of the natural resources of the Township,
the Land Use Board shall make available to the Environmental Commission
an informational 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.
[Ord. 6/5/02 § 14-1.12]
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.
[Ord. 6/5/02 § 14-2.1]
No member of the Land Use 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.
[Ord. 6/5/02, § 14-2.2; Ord. No. 2007-12 § 14-2.2; Ord. No. 2010-05, § 2]
a.
Meetings of the Land Use 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.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which 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.
d.
All actions shall be taken by a majority vote of the members present
at the meeting except as otherwise required by any provision of N.J.S.A.
40:55D-1 et seq. Failure of a motion to receive the number of votes
required to approve an application for development shall be deemed
an action denying the application.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6
et seq. An executive session for the purpose of discussing and studying
any matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
f.
Work Sessions. For purpose of administration of the Board's affairs,
a workshop meeting may be held and noticed and shall be known as a
"workshop meeting." The purpose of a workshop meeting shall be to
discuss and study any applications or other planning, engineering
and legal matters coming before the Board and shall not be for the
purpose of holding hearings as described in N.J.S.A. 40:55D-10. The
Board, however, may or may not take formal action such as, but not
limited to, the adoption of resolutions and vote on the payment of
bills.
[Ord. 6/5/02, § 14-2.3]
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 reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Township Clerk.
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.
[Ord. No. 2007-12, § 14-2.3.1]
The Board shall furnish a transcript of the hearing or duplicate
recording in lieu thereof to any interested party at his or her expense.
The option as to whether to provide a duplicate recording or a transcript
lies solely within the discretion of the Board and/or the municipality.
Interested parties may not be charged more than is permitted in N.J.S.A.
40:55D-10(f).
[Ord. 6/5/02, § 14-2.4; Ord. No. 2008-03, § 1]
Fees or charges for submissions of applications or for rendering of any service by the Land Use Board or any member of the administrative staffs or any consultant to the Board for review of an application for development, for inspections or for taking of appeals shall be as set forth in Schedules G and H of Chapter 14 of the Revised General Ordinances of the Township of Lafayette or of any other ordinance regulating the use and development of land in the Township of Lafayette and shall be paid by certified check only.
The Land Use Board Secretary or designee of the Township of
Lafayette may, at any time, require an applicant to place additional
monies in escrow if it is reasonably determined that the existing
escrows are insufficient to cover anticipated inspection or review
services. Where the actual cost of providing inspection or review
exceeds or is anticipated to exceed the escrow, which has been paid,
the Township of Lafayette may bill the applicant for the excess costs,
which shall be paid prior to any further inspection or review by the
Land Use Board or its professionals. Any applicant that does not satisfy
a request for additional escrow by certified check at least 10 days
prior to a scheduled Land Use Board hearing involving that applicant
shall not be eligible to be on the Board's agenda for that meeting.
An applicant's continued failure to replenish the escrow within 10
days of written notice by the Land Use Board Secretary or designee
shall entitle the Board to dismiss the application without prejudice
subject to replenishment of the escrow without additional application
fees. The Board, in its discretion, may grant reasonable extensions
for an applicant to replenish the escrow for good cause shown. Any
application dismissed without prejudice for one calendar year (365
days) as a result of Board action for an applicant's failure to satisfy
a request for additional escrow shall be subject to dismissal with
prejudice.
Land Use Board professionals shall submit invoices within 15
days of said meeting.
[Ord. 6/5/02, § 14-2.5; Ord. No. 2007-12, § 14-2.5]
a.
Rules. The Land Use Board shall 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 of this ordinance.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and 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,
C. 38, P.L. 1953 (N.J.S.A. 2A:67AI 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. Each 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 on request to any interested party at his expense.
f.
Vote by Absent Members. A member of the Land Use Board who is absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on the matter upon which the hearing was conducted
notwithstanding his absence from one or more of the meetings, provided,
however, that such Board member has available to him the transcript
or recording of all the hearings from which he was absent, and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
g.
Continuances. All cases may be continued to a date certain which
shall be the next regular meeting of the Land Use Board unless otherwise
determined by the Board. The Chair shall announce to all those present
the date, time and place to which the hearing on the matter is continued.
No further notice need be given by the applicant in that event. However,
if the meeting in continued to a special meeting, notice required
under the Open Public Meetings Act shall be given. The Board reserves
the right to continue a hearing on its own motion for purposes of
further consideration, subject to limitations of time as provided
in the Municipal Land Use Law and Land Use Ordinance.
The Board may, also, grant reasonable requests of interested
parties to continue a matter in order to afford such parties sufficient
time to prepare, engage counsel, obtain witnesses or for other good
cause. However, the Board may only do so to the extent that the applicant's
interests are not unduly compromised or prejudiced with respect to
the applicant's protected interests under prevailing law.
Where adjournment for a continuance would extend the statutory
period within which the Board is required to act, the consent of the
applicant shall be evidenced in writing or shall be made on the record.
Where the applicant requests a continuance, that request shall
be made in writing to the Board Secretary and shall specify the date
on which the applicant will next appear before the Board.
h.
Refusal to Consent to a Continuance. Where an applicant refuses to
consent to a continuance so that objectors may be heard so that the
Board may more fully consider the testimony or hear from the Board
professionals or have the Board professionals review the applicant's
submissions, such refusal by the applicant may be deemed arbitrary
and unreasonable by the Board. Should the applicant demand that the
Board decide the matter without affording such opportunity, the applicant
shall be at risk of a denial of the application for failure to sustain
the burden of proof and failure to afford the Board an opportunity
to reach an informed decision.
[Ord. 6/5/02, § 14-2.6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. and for applications involving
conventional preliminary site plans, applications pursuant to N.J.S.A.
40:55D-34 and 36, and applications for appeal and interpretation (N.J.S.A.
40:55D-70(a) & (b)), the applicant shall give notice thereof as
follows:
a.
Public notice shall be given by publication in the official newspaper
of the Township at least 10 days prior to the date of the hearing.
b.
Adjoining Property Owners. Notice shall be given to the owners of
all real property located in this state as shown on the current tax
duplicate or duplicates within 200 feet in all directions of the property,
which is the subject of such hearing, and whether located within or
outside the Township.
1.
Such notice shall be given by:
2.
The above requirements shall be deemed satisfied where condominiums
or horizontal property regimes are within 200 feet of applicant's
property, by making service in the following manner:
(a)
If the applicant's property abuts a condominium and the owner
of any unit is within 200 feet of the applicant's property and said
unit has a unit above or below it, by giving notice to the condominium
association.
(b)
If the applicant's property abuts a horizontal property regime
and an apartment of the co-owner is within 200 feet of the applicant's
property and such apartment has an apartment above or below it by
mailing notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium unit or co-owner
of an apartment, notice shall be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
A return receipt is not required. Notice to a partnership owner
may be made upon any partner. Notice to a corporate owner may be made
by service upon its president, 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.
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
State Planning Commission 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 Township Clerk pursuant to N.J.S.A. 40:55D-10(b).
g.
All notices hereinabove specified in this subsection 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 to be 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 a 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 Township 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.
j.
Notice pursuant to paragraphs c, d, e and f of this subsection shall
not be required unless public notice pursuant to paragraphs a and
b of this subsection is required. Notice under paragraphs a and b
is not required for (1) conventional site plan review, (2) minor subdivision
approval, or (3) final approval pursuant to N.J.S.A. 40:55D-50.
[Ord. 6/5/02, § 14-2.7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c the Tax Assessor
of the Township shall, within seven days after receipt of a request
therefor and upon receipt of payment of the maximum fees provided
for in said section of the statute, make and certify a list from the
current tax duplicate of names and addresses of owners to whom the
applicant is required to give notice.
[Ord. 6/5/02, § 14-2.8; Ord. No. 2007-12, § 14-2.8]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which 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 Township Clerk 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 Township.
c.
The municipal agency may provide the written decision and findings,
and conclusions referred to paragraph a of this subsection either
on the date of the meeting at which the municipal agency grants or
denies approval, or, if the meeting at which such action is taken
occurs within the final 45 days of the applicable time period for
rendering a decision on the application for development, within 45
days of such meeting by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions of the
municipal agency thereon. The adoption of a resolution of memorialization
pursuant to this paragraph shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency; except that
failure to adopt such a resolution within the 45 day period shall
result in the approval of the application for development, notwithstanding
any prior action taken thereon. Whenever a resolution of memorialization
is adopted in accordance with this paragraph the date of such adoption
shall constitute the date of the decision for purposes of the mailings,
filing and publications required by N.J.S.A. 40:55D-10 subsections
h and i.
d.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as provided above notwithstanding the time at which the action occurs
within the applicable time period for rendering a decision on the
application.
e.
Time of Decision Rule. If, during the pendancy of any application,
an ordinance amendment is adopted which effects the application, such
amendment shall control the decision of the Board.
f.
Reservation of Decision. The Board may decide to reserve decision
on a matter after the hearing is completed and may make its decision
at the next meeting provided that the period within which to decide
the application will not expire prior to the next succeeding meeting,
or if it will expire, provided that the applicant has waived the right
on the record for a vote prior to the expiration date.
[Ord. No. 2007-12, § 14-2.8.1]
a.
A resolution memorializing the Board's decision as to an application
shall be a statement of the Board's findings of fact and conclusions
of law, the Board's decision and any conditions attached to the approval.
b.
A copy of the resolution shall be furnished to the attorney, or where
the applicant is not represented by an attorney, to the applicant,
within 10 days from the date of the Board's adoption of the resolution
pursuant to N.J.S.A. 40:55D-10i.
c.
The Board Secretary shall publish the decision in the official newspaper
of the municipality within 10 days of the vote adopting the resolution.
The municipality may make a reasonable charge for this publication
pursuant to N.J.S.A. 40:55D-10i.
d.
The time for the taking of appeal of the Board's decision runs from
the date of publication pursuant to N.J.S.A. 40:55D-10i.
[Ord. No. 2007-12, § 14-2.8.2]
A resolution prepared by the Land Use Board Attorney and transmitted
to the Board for consideration shall be considered a privileged document
between the Land Use Board Attorney and the Land Use Board and shall
not become a part of the public record until such time as it is determined
by the Board and the Attorney that the resolution properly memorializes
the decision of the Board and the Board had voted to adopt the resolution.
[Ord. 6/5/02, § 14-2.9]
A brief notice of every final decision shall be published in
the official newspaper of the Township. Such publication shall be
arranged by the Secretary of the Land Use Board without separate charge
to the applicant. The notice shall be sent to the official newspaper
for publication within ten days of the date of any such decision.
[Ord. 6/5/02, § 14-2.10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Land
Use 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 the 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 Township
will be adequately protected.
[Ord. 6/5/02, § 14-2.11]
The Land Use Board may, in conformity with the provisions of
C. 291, P.L. 1975 or amendments thereto or subsequent statutes applying,
reverse or affirm wholly or partly or may modify the order, requirement,
decision, or determination appealed from, and make such other requirement,
decision or determination as ought to be made, and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
[Ord. No. 6/5/02, § 14-2.12; Ord. No. 2007-12, § 14-2.12; Ord. No. 2011-08, § 4]
a.
Any variance from the terms of this chapter hereafter granted by
the Land Use Board permitting the erection or alteration of any structure
or structures, or permitting a specified use of any property shall
expire three years from the adoption of the resolution memorializing
the Board's decision unless:
1.
Construction has commenced on each unit to which the variance applies
and is presently proceeding or completed, or unless such permitted
use has actually commenced within the three years; or
2.
An appeal has been filed from a Board action to a Court of competent
jurisdiction, in which case the three year period shall resume running
upon the signing of a Court Order concluding the appeal.
b.
Any preliminary site plan, major or minor subdivision approval granted
by the Land Use Board shall expire three years from the date of the
adoption of the Resolution memorializing the Board's approval unless:
c.
Any minor site plan and final site plan approval granted by the Land
Use Board shall expire within two years from the date of the adoption
of the resolution memorializing the Board's approval unless:
[Ord. 6/5/02, § 14-2.13]
a.
A corporation or partnership applying to a municipal agency for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units,
or for approval of a site to be used for commercial purposes, shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class, or at least 10% of
the interest in the partnership, as the case may be.
b.
If a corporation or partnership owns 10% or more of a stock of a
corporation, or 10% or greater interest in a partnership, subject
to disclosure pursuant to paragraph a of this subsection, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock, or of 10% or greater interest in
the partnership, as the case may be, and this requirement shall be
followed by every corporate stockholder or partner in a partnership
until the names and addresses of the non-corporate stockholders and
individual partners exceeding the 10% ownership criterion have been
listed.
[Ord. 6/5/02, § 14-3.1]
An appeal to the Land Use Board may be taken by any interested party affected by any decision of the administrative officer of the Township based on or made in the enforcement of the Zoning Chapter or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 14-2.6 of this chapter, and in accordance with the provisions of N.J.S.A. 40:55D-64 et seq. of the Municipal Land Use Law of 1975 as amended.
[Ord. 6/5/02, § 14-3.2]
a.
Whenever it is required as a condition to subdivision or site plan
approval that a performance guarantee must be furnished in favor of
the municipality in an amount not exceeding 120% of the estimated
cost of any required improvements within a stated time, the time allowed
for installation of the improvements for which the performance guarantee
has been provided may be extended by the Township Committee by resolution.
As a condition of or as part of any such extension the amount of any
performance guarantee shall be increased or reduced, as the case may
be, to an amount not to exceed 120% of the cost of the installation
as determined as of the time of passage of the resolution.
b.
Upon substantial completion of all required appurtenant utility improvements
and the connection of same to the public system, the obligor may notify
the Township Committee in writing of such completion or substantial
completion as provided for in N.J.S.A. 40:55D-53d, and after inspection
and report of the Municipal Engineer, the Township Committee may approve,
partially approve or reject the improvements. Where partial approval
is granted the bond of the obligor may be reduced provided that 30%
of the amount of the performance guarantee posted may be retained
to insure completion of all improvements. Notice shall be given to
the obligor as required by N.J.S.A. 40:55D-53e.
c.
The obligor on any such bond shall reimburse the township for all
reasonable inspection fees paid to the municipal engineer for any
such inspections of improvements and the developer shall post a deposit
to cover such fees in such amount as required by the municipal agency
having jurisdiction.
[Ord. 6/5/02, § 14-4.1]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:57D-1 et seq. such terms intended to have the meaning
set forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[Ord. 6/5/02, § 14-4.2]
All sections of the land subdivision ordinance, zoning ordinance,
site plan review ordinance or any other ordinance of the Township
which contains provisions contrary to the provisions of this chapter
shall be and are hereby; to the extent of such inconsistency, repealed.
[Ord. 6/5/02, § 14-4.3]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Township of Lafayette."
[Ord. 6/5/02, § 14-4.4]
In accordance with the provisions of N.J.S.A. 40:55D-16, development
regulations, except for the Official Map, shall not take effect until
a copy thereof shall be filed with the County Planning Board. A zoning
ordinance or amendment or revision thereto which, in whole or in part,
is inconsistent with or not designed to effectuate the land use plan
element of the Master Plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
County Planning Board.
[Ord. No. 2014-05 § 2]
All applications to the Lafayette Township Land Use Board shall
include a signed and notarized Consent by the landowner indicating
the landowner's consent that all fees must be paid in accordance with
the Land Use Board application, and in the event the applicant does
not pay all appropriate fees, including application and escrow fees,
the landowner consents to have any unpaid balance placed as an added
assessment against the property at issue, to be collected by the Township
Tax Collector's Office.
[Ord. 6/5/02, § 14-5; Ord. No. 2005-14; Ord.
No. 2006-09; Ord. No. 2006-16; Ord. No. 2011-08, § 16; Ord. No. 2015-11 § 2; Ord. No. 2017-12 § 6; Ord. No. 2017-13; Ord.
No. 2018-08; amended 9-7-2021 by Ord. No. 2021-19]
Refer to Schedule H.
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 6/5/02, § 14-6; Ord. No. 2005-14; Ord.
No. 2006-09; Ord. No. 2006-16; Ord. No. 2008-18, § 1; Ord. No. 2011-08 § 14; Ord. No. 2015-11 § 3; Ord. No. 2017-12 § 7]
Refer to Schedule I.
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 6/5/02, § 14-7.1]
If requested by the applicant in writing, special meetings of
the Land Use Board may be held in the Lafayette Township Municipal
Building or at such other place within the Township as may be fixed
by the Board upon such date and at such hour as may be determined
by the Board upon payment of a special meeting fee of $750 which fee
shall accompany the request for such special meeting. If a request
is made by an applicant for an additional special meeting, a payment
of $750 must accompany each request. If more than one applicant requests
a special meeting to be held on the same date, each applicant is responsible
for a special meeting fee of $750. Such special meeting fee shall
be in addition to such base application fee or supplemental base application
fee and review fee escrow deposit which may otherwise be applicable.
The applicant will also be obliged to indemnify and reimburse the
Board for its review fee trust account for the cost of publication
of any required special notice and any other reasonable costs which
may be incurred by the Board with respect to such professionals or
consultants. Whether or not a special meeting shall be held at the
request of any applicant shall be within the sole discretion of the
Board.
[Ord. 6/5/02, § 14-8]
Any board, agency, committee or entity of the Township of Lafayette
may make application to the Land Use Board without the requirement
for making payment of any of the fees hereinabove provided. Notwithstanding
any other provision of the ordinance to the contrary, the Township
Committee, upon application of the applicant, may waive any fee or
portions thereof as hereinabove provided for nonprofit organizations,
persons or entities where it is deemed to be in the best interests
of the Township of Lafayette; provided, however, that such waiver
of fees shall be expressed in a formal resolution of the Township
Committee adopted by 2/3 of the full membership thereof.
[Ord. No. 2007-07, § 1; Ord. No. 2011-08, § 17]
The Technical Review Committee (TRC) shall be established to
review any applications for development or requests for review presented
to the Land Use Board (the Board) which may benefit from preliminary
review by the Board Professionals as determined by the applicant or
the Board:
a.
The Technical Review Committee may consist of six members:
1.
Up to two Board members may be appointed by the Chair to attend.
An alternate can be assigned by the Chair to attend on an ad hoc basis.
2.
Other members shall be the Zoning Officer, Land Use Board Planner
and Land Use Board Engineer.
3.
If the applicant is to be represented by an attorney at the TRC meeting,
the Board Attorney shall attend and may attend on other applications
where legal issues may be raised.
4.
The terms of all members shall be one year, computed from the first
day of January of the year of appointment. Vacancies shall be filled
in the same manner as the original appointment; and those occurring
other than by the expiration of a term shall be filled for the duration
of the unexpired term. Members shall continue serving after the expiration
of their terms until such time as their successors shall be appointed.
b.
The Technical Review Committee shall conduct informal meetings as
required, in order to review development applications. Applicants
may appear on their own behalf or may appear through an attorney,
architect or engineer.
c.
The cost of appearing at the TRC, as determined by Schedule H,[1] shall be paid prior to the meeting, which shall last no
more than one hour.
[1]
Editor's Note: Schedule H, referred to herein, is included as an attachment to this chapter.
d.
The responsibility of the Technical Review Committee shall include,
but not be limited to, the following responsibilities:
1.
Recommend to the Board whether the application is a minor or major
development application.
2.
Determine compliance with the Township's zoning requirements, development
regulations and design standards.
3.
Make recommendations on the design and technical elements of any
application.
4.
Discuss whether an application is complete and ready for a public
hearing.
e.
Requests for waivers must be granted or denied within 45 days in
keeping with the Municipal Land Use Law.
f.
Applicants who disagree with the position of the TRC, as to their
application, may appeal the matter to the Land Use Board for a determination
of completeness, waivers and/or the right to proceed.
g.
Applicants shall be advised that they will not appear at the regularly
scheduled Land Use Board meeting the same month that they are reviewed
for completeness at the TRC because the Board Engineer will not have
time to prepare a report and submit it to the Board 10 days prior
to the meeting. However, exceptions may be granted where appropriate
as determined by the TRC.
h.
The report of the Technical Review Committee shall be presented to
Board members at the next meeting of the Land Use Board.
