Whenever a term is used in this chapter which
is defined in c. 291, Laws of 1975,[1] that term is intended to have the meaning set forth in
the definition of the term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Pursuant to the provisions of c. 291, Laws of
1975, § 81,[1] the substantive provisions of the existing Chapter 159, Subdivision of Land, Chapter 190, Zoning, and Chapter 131, Site Plan Review, of the Township and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said Act or until the Township exercises the authority delegated by the Act to regulate development, whichever occurs first.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 3-23-2009 by Ord. No. 2009-03]
A.
Application. An application for approval of a lot-line adjustment
shall be submitted to the Land Use Board. The applicant shall submit
five copies of the application and a survey prepared by a licensed
land surveyor indicating the existing and proposed lot lines and all
existing structures and buildings, as well as such other information
as the Land Use Board Engineer may require. The applicant shall also
submit an application fee of $250 and an initial escrow fee of $1,500.
Upon approval of the lot-line adjustment, the applicant shall also
submit to the secretary an administrative fee in the amount of $100
to cover the cost of revisions to the municipal tax maps.
[Amended 10-22-2012 by Ord. No. 2012-10]
B.
Findings. The Land Use Board has the jurisdiction to grant lot-line
adjustment approval. The Land Use Board Engineer may recommend a lot-line
adjustment subject to the following criteria:
[Amended 10-22-2012 by Ord. No. 2012-10]
(1)
The adjustment involves one lot line between two adjoining lots;
(2)
Owner(s) of both lots consent(s) in writing to the adjustment;
(3)
No new lots are created;
(4)
Both lots are conforming after the adjustment, or any preexisting
nonconformities are not increased; and
(5)
If approved, the applicant must perfect the subdivision by deed recorded
in the Sussex County Clerk's Office.
C.
Subsequent subdivision. Subsequent subdivision of either of the adjusted
lots within two years of the filing of the adjusted lot deeds in the
County Clerk's office shall be accepted only as a major subdivision.
D.
Report by the Land Use Board Engineer. Upon review of an application for lot-line adjustment approval, the Land Use Board Engineer shall submit a report to the Land Use Board in regard to the merits of the applications. The Land Use Board may approve the lot-line adjustment based solely on the recommendation of the Land Use Board Engineer as long as the conditions outlined in Subsection B are satisfactorily addressed.
[Added 10-22-2012 by Ord. No. 2012-10]
This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the Township of Andover."
The Township Clerk shall file with the County
Planning Board copies of all ordinances of the Township relating to
land use, such as subdivision, zoning and site plan review ordinances,
and all amendments thereto. 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.
Applicants for major subdivision, site plans and conditional uses, and for "D" variances for nonresidential uses, shall comply with the provisions of § 159-11L, Protection of freshwater wetlands. Subsection L deals with the protection of freshwater wetlands and streams and is applicable to those applications.
A.
The Water Quality Planning Act, N.J.S.A. 58:11A-1
et seq., as well as the New Jersey Department of Environmental Protection
Regulations, N.J.A.C. 7:15-1 et seq., require that Andover Township
adopt a wastewater management plan. This plan should be included in
the Township Master Plan pursuant to N.J.S.A. 40A:55D-28b(5). The
funding of said plan, together with any revisions thereto, should
be fairly allocated among developers of land who are to benefit from
said study.
B.
A wastewater management plan escrow account is hereby
created. Said account is to be permanent in nature and to be used
for the payment for the preparation of the original wastewater management
plan and any revisions thereto.
C.
All developers of land in Andover Township who anticipate
or who may be reasonably expected to construct an on-site disposal
system treating 2,000 gallons or more per day, or who expect to apply
for connection to a public sewer system, or intend to propose a package
plant for their property or propose alternative methods of on-site
wastewater disposal, shall participate in the funding of the wastewater
management plan.
D.
Each developer shall contribute to the wastewater
management account his or its pro rata share of the cost of the preparation
of the plan at the time the Township signs the contract for the preparation
of the wastewater management plan.
E.
After the completion of the original wastewater management
plan, any developer who wishes to supplement and amend the plan may
apply to do so at his own cost and expense in lieu of a contribution
to the wastewater management plan escrow account calculated as set
forth above.
