Lakewood Township City Zoning Code
ARTICLE VII
PROVISIONS APPLICABLE TO SITE PLANS AND SUBDIVISIONS
18-700 Simultaneous Review.
The Board shall have the power to review and either approve or deny conditional uses or plans simultaneously with review for subdivision approval without the developer being required to make further application to the Board, or the Board being required to hold further hearings. The longest time period for action by the Board, whether it be for subdivision, conditional use or plan approval, shall apply.
18-701 Hearings and Notices.
A.
Hearings shall be required as part of approval for all applications for development.
B.
Maps and Documents and Exhibits on File. A complete set of maps, documents and exhibits shall be on file at the office of the Board at least 10 days prior to the date of the noticed hearing.
C.
Public Notice of Application.
1.
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of section 37 of P.L.1975, c.291 (C.40:55D-49) and Subsection b of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) minor site plan review, (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50). Notice shall be required for all preliminary major site plan and subdivision applications, for appeals of determinations of administrative officers pursuant to Subsection a of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to Subsection b of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D- 60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township.
2.
Notice of a hearing requiring public notice pursuant to Subsection 1 of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
3.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
4.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection 2 of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection 9 of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed twenty-five ($0.25) cents per name, or $10, whichever is greater, may be charged for such list.
5.
Notice of 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.
6.
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 situated within 200 feet of a municipal boundary.
7.
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.
8.
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. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection b of section 6 of P.L.1975, c.291 (C.40:55D-10).
9.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection a of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
10.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
D.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at their expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to Article III, of decisions by the Zoning Board of Adjustment pursuant to said article, up to a maximum amount as specified by ordinance.
The municipal agency, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.
18-702 Decisions on Applications for Development.
A.
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
1.
A memorializing resolution adopted at a meeting held not later than 45 a days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to Section 5 of the Act (C.40:55D-9) (resulting from failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of P.L. 1975 C.40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
B.
County Planning Board Approval. Whenever review or approval of any application by the County Planning Board is required, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
C.
Developments Barred by Administrative or Judicial Order. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with this article, and if such application complies with the requirements of this article, the Board shall approve such application conditioned on removal of such legal barrier to development.
D.
Approval by Other Governmental Agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board may recommend that construction permits be issued consistent with the resolution of approval while outside agency approval is pending, so long as the applicant proceeds at their own risk.
E.
Decisions to be furnished to Applicant and Others. A copy of each decision shall be mailed by the Board, within 10 days after the date of decision, to the applicant, or if represented then to their attorney, without separate charge, and to all others upon request for a fee as noted in this chapter.
F.
Filing in Office of Board Secretary. A copy of each decision shall also be filed by the Board in the office of the Board Secretary who shall make a copy of the filed decision available to any interested party for a fee as noted in this chapter and available for public inspection at their office during reasonable hours.
G.
Publication. A brief notice of each decision shall be published by the Board Secretary and the Township may make a reasonable charge for such publication. The applicant, also, may cause such publication to be made if they so desires. The time for appeal from the decision shall run from the first publication, whether made by the Board Secretary or the applicant.
H.
Time for Decision on Applications to Board for Preliminary Approval of Site Plans and Major Subdivisions. Preliminary approval shall be granted or denied on applications to the Board for a plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Board Secretary except as otherwise provided in §§ 18-702J through M.
I.
Time for Decision on Applications to Board for Minor Subdivision Approval and Final Approval of Plans and Major Subdivisions. Final approval of plans, major subdivisions, and approval of minor subdivisions shall be granted or denied on applications to the Board within 45 days after the date of submission of a complete application to the Board Secretary except as otherwise provided in §§ 18-702J through M.
J.
Time for Decision When Board Reviews Conditional Uses or Plans Simultaneously with Subdivisions. Whenever the Board reviews conditional uses or plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.
K.
Time for Decision When Board Reviews Applications for Subdivision, Plan or Conditional Use Approval That Includes Request for Variance. Whenever an application to the Board for approval of a subdivision plat, plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Board shall grant or deny approval of the application within 120 days after the date of submission of a certified complete application to the Board Secretary. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter.
L.
Time for Decision When Board Reviews Application for Conditional Use That Includes Request for Plan Approval. Whenever the Board reviews an application for conditional use that includes a request for plan approval, the Board shall grant or deny approval of the application within 95 days after the date of submission of a certified complete application to the Board Secretary.
M.
Time for Decision When Board of Adjustment Reviews Subdivision, Plan or Conditional Use in Conjunction With Use Variance. Whenever an application is made to the Board of Adjustment for subdivision, plan or conditional use approval in conjunction with the Board's review of a use variance, the Board of Adjustment shall grant or deny approval of the application within 120 days after the date of submission of a certified complete application to the Board Secretary.
N.
Extension of Time for Decision. Any time period for action by the Board may be extended with the consent of the applicant or appellant.
O.
Failure to Make Decision within Time. The failure of the Board to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the Board Secretary as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by this section and shall be accepted as such by the County Clerk for purposes of filing subdivision plats.
18-703 Application by Corporation, Partnership or Limited Liability Company.
A.
A corporation, partnership, or limited liability company (LLC) applying to the Planning Board or the Board of Adjustment for approval to subdivide a parcel of land or for approval of a site to be used for commercial or industrial purposes shall be represented by an attorney, and shall list the names and addresses of all stockholders, members 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.
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to § 18-703A, that corporation or partnership shall list the names and addresses of its stockholders or members 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 established in this act, have been listed.
D.
Penalty. Any corporation or partnership, which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the municipality in any court of record in the State in a summary manner pursuant to "The Penalty Enforcement Law" (N.J.S.A. 2A:58 1 et seq.).
18-704 Inspection and Escrow Fees.
A.
As a condition of final approval and prior to starting any construction of the required improvements, the developer must submit final detailed construction plans to the Township Engineer for their review and approval and shall pay to the Township Treasurer, by cash or certified check, the inspection escrow fee which shall be determined by the Township Municipal Engineer for both private and public improvements.
B.
All of the required public improvements for a development, during and upon completion of their construction, shall be subject to inspection and approval by the Township Engineer or Township Planner, who shall be notified by the developer at least 24-hours prior to the start of construction. On site private improvements relating to drainage, landscaping and circulation as shown on an approved final development plan, shall also be subject to inspection and approval by the Township Engineer or Township Planner.
C.
No underground installations shall be covered until inspected and approved by the Township Engineer or the relevant Township construction sub-code official. At a minimum, the Township Engineer or the relevant Township construction sub-code official will make the following inspections:
1.
Roadway subgrade prior to placing subbase material and/or bituminous stabilized base course material.
2.
The bituminous stabilized base course material after complete compaction and prior to applying bituminous material tack coat for the bituminous concrete surface course.
3.
Bituminous concrete surface course materials while it is being laid.
4.
Finished bituminous concrete surface course pavement.
5.
Concrete curb and sidewalks, when the forms are laid and the subgrade is leveled and tamped prior to placing concrete, also during the placing and finishing of the concrete.
6.
Such inspections as the Township Engineer or the relevant Township construction sub-code official shall deem necessary of the pipe drains, inlets, municipal utilities lines and appurtenances, etc. while pipes, etc. are being laid and prior to backfilling trenches, inlets and manholes while being constructed.
D.
Approval or reasons for withholding approval for either public or private improvements shall be given promptly, and in any event within 45 days after inspection. If work proceeds without such approval or not in compliance therewith, the Township Engineer or the relevant Township construction sub-code official, in addition to any other remedies available to the municipality, may issue an order requiring immediate cessation of the affected work and prohibiting resumption thereof until approval is obtained or noncompliance corrected.
18-705 Acceptance of Streets and Improvements.
A.
Prior to the acceptance by the Township of any street or other improvement in a subdivision, or release of performance bond covering same, there shall be filed with the Township Engineer a deed of dedication containing a metes and bounds description of all easements, two paper prints, plus "as-built" plans and profiles drawn to a scale of one inch equals five feet vertically, which plans and profiles shall be based, on a final survey and shall be the United States Coast and Geodetic Control Survey datum. Such drawing shall show how streets and other improvements were actually constructed or installed. The following data must be shown with measurements from the property lines:
1.
Plans and profiles of the streets showing elevations as constructed and reference bench marks.
2.
Plans and profiles of sanitary storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims; also locations of sanitary sewer, laterals dimensioned from main and reference dimensions to "T" or "V" connections from manholes. Acceptance of streets and improvements by the Township and release of any performance guaranty shall be in accordance with N.J.S.A. 40:55-53.
B.
A temporary certificate of occupancy may be issued while an applicant, owner, or developer is awaiting approval and acceptance of the roadway or access way. The temporary certificate of occupancy shall be revoked if the Township public works department or any municipal service is blocked from access on said roadway.
18-706 Impact Fees.
[Ord. No. 2013-62]
A.
Purpose and intent. This section is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities that are necessary to accommodate such development. This section is intended to assure that development bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the Township of Lakewood and its service areas as are required to serve the needs arising out of development, as well as to comply with the Municipal Land Use Act, N.J.S.A. 40A:55D-1 et seq. ("MLUL"). The Township of Lakewood, by adopting this section, is not intending to limit its authority to finance public facilities by any other means authorized by law.
B.
Definitions. Unless otherwise defined in this section, all words shall have the same meanings as set forth in the MLUL or The Lakewood Township Unified Development Ordinance of 2005 ("UDO"). As of the date of passage of this section, those terms and definitions are as follows:
1.
CAPITAL COSTS – The cost to construct, expand or improve public facilities, including the cost of land and legal, engineering and design costs to construct, expand or improve public facilities, including legal, engineering and design costs. "Capital costs" do not include other non-capital costs to construct, expand or improve public facilities, or vehicles, or the costs of such equipment as the Township may acquire, rent or use to construct, expand or improve public facilities for which an impact fee is being collected.
2.
DEVELOPER – A person or business entity that constructs or creates a land development.
3.
IMPACT FEES – Contributions of cash, land or interests in land, or any other items of value that are required of developers by the Township.
4.
LAND DEVELOPMENT OR DEVELOPMENT – The construction, or modification, of improvements to real property in the Township that adds residential dwelling units in the Township; or that results in nonresidential uses that create the need for new, expanded or improved public facilities in the Township.
5.
PUBLIC FACILITIES – Streets, other transportation facilities, traffic control devices, facilities that collect and treat sewage, facilities to collect and treat storm and surface water, facilities to pump, store and distribute water, parks, playgrounds, land on which athletic fields will be located, solid waste and recycling facilities, fire protection facilities, law enforcement facilities, emergency medical facilities and libraries. "Public facilities" does not include facilities owned by school districts.
6.
RESIDENTIAL EQUIVALENT UNIT (REU) – Is the unit of measure for calculating impact fees. One REU is equivalent to one dwelling unit. Impact fees are charged on a "per REU" basis.
7.
SERVICE AREA – A Geographic area delineated by the Township within which there are public facilities. The service area of the Township is equivalent to the full geographic area of the Township.
8.
SERVICE STANDARD – A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure. The same service standard is in place through the entire Township.
9.
TOWNSHIP – The Township of Lakewood.
C.
Establishment of Impact Fees. The following impact fees are established by the Township:
1.
Transportation Impact Fees;
2.
Parks and Recreation Impact Fees; and
3.
Public Facilities Impact Fees.
The impact fees created in this section shall apply to all development in the Township, whether the property is owned privately or by any political corporation, governmental subdivision or agency thereof, or any nonprofit organization, including any religious or other eleemosynary organization. Impact fees are created and intended to permit the Township to recover from developers a fair share of the capital costs necessary to accommodate land development and maintain current levels of service to those developing areas of the Township. |
D.
Documentation Required. Certain Township documents contain and support needs assessments for the impact fees established in this section. The following documents shall be kept on file and available for public inspection in the office of the Township Clerk:
Township of Lakewood Comprehensive Master Plan and Smart Growth Plan, as amended. These documents shall be revised and/or updated as growth and other circumstances in the Township make updating appropriate.
E.
Segregated Accounts Required. Revenues collected by the Township as impact fees shall be placed by the Township in segregated interest-bearing accounts and shall be accounted for separately from other funds of the Township. Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that may become necessary due to development. These costs may include debt service on bonds or similar debt instruments, when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project, reimbursement of the Township for advances of other funds or reserved where the advance is made for the purpose of proceeding with designated public facility projects prior to the collection of all anticipated impact fees for that project, and for such other purposes as are first approved by the Township Committee.
F.
Reduction in Impact Fee for Low Cost Housing. The Township Committee may, in its sole discretion; act to lessen the size of the impact fees imposed on land development that will provide low-cost housing. Impact fees so reduced shall not be shifted to or collected from any other development in the Township.
G.
Review and Standards. The Township Committee shall periodically review its public facilities needs assessment and amount of the impact fees established herein and modify them as necessary to account for changing facility needs, inflation, revised cost estimates, capital improvements, changes in other funding sources applicable to public facility projects and other relevant factors.
All Impact Fees imposed:
1.
Shall bear a rational relationship to the need for new, expanded or improved public facilities required to serve land development.
2.
Shall not exceed the proportionate share of the capital costs required to serve land development, as compared to existing uses of land within the Township.
3.
Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities.
4.
Shall be reduced to compensate for other capital costs imposed by the Township with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedications under MLUL, UDO or any other items of value.
5.
Shall be reduced to compensate for monies received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed.
6.
Shall not include amounts necessary to address existing deficiencies in public facilities.
H.
Severability. If any section of this ordinance or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other sections or portions of this ordinance. The remainder of the ordinance shall remain in full force and effect.