This chapter shall be considered the minimum requirements for
the protection of the public health, safety and welfare. Any action
taken shall give primary consideration to the health, safety and general
welfare of the entire community. Subdivision and/or site plan approvals
are required prior to the sale of new lots or the issuance of building
permits or certificates of occupancy.
All provisions of this chapter may be amended in accordance
with applicable laws.
Any interested party may appeal to the governing body any final
decision of a Board of Adjustment approving an application for a use
variance. Such appeal shall be made within 10 days of the date of
publication of such final decision. The appeal to the governing body
shall be made by serving the Borough Clerk in person or by certified
mail with a notice of appeal specifying the grounds thereof and the
name and address of the appellant and name and address of his attorney,
if represented. Such appeal shall be decided by the governing body
only upon the record established before the Board of Adjustment. The
appellant shall, within five days of service of the notice of appeal,
arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by
the governing body and pay a deposit of $50 or the estimated cost
of such transcript, whichever is less, or, within 35 days of the notice
of appeal, submit a transcript as otherwise arranged to the Borough
Clerk; otherwise the appeal may be dismissed for failure to prosecute.
The governing body shall conclude a review of the record below not
later than 95 days from the date of publication of notice of the decision
below pursuant to N.J.S.A. 40:55D-10 unless the applicant consents,
in writing, to any extension of such period. Failure of the governing
body to hold a hearing and conclude a review of the record below and
to render a decision within such specified time shall constitute a
decision affirming the action of the Board appealed from.
[1]
Editor's Note: Former § 200-7, Board of Adjustment,
as amended, was repealed 12-27-2012 by Ord. No. 1613.
All requirements of this chapter shall be met at the time of
any construction, moving, or change in use.
[Amended 11-19-1987 by Ord. No. 1029; 5-2-2002 by Ord. No. 1297]
This chapter shall take effect upon its final passage, publication,
and filing with the County Planning Board.
[Amended 5-13-2010 by Ord. No. 1516]
The Zoning Officer and Code Enforcement Officer shall administer
and enforce the zoning provisions of this chapter. No building or
occupancy permit shall be issued unless the proposal complies with
this chapter, including the floodplain regulations, and unless the
Municipal Engineer has certified that, in the case of a certificate
of occupancy, the development has been completed in accordance with
the plans approved by the approving authority. It shall be the duty
of the Municipal Engineer to enforce the provisions of subdivision
and site plan approvals.
[Amended 4-6-1989 by Ord. No. 1058; 3-2-2000 by Ord. No. 1258; 10-25-2006 by Ord. No. 1403; 9-1-2009 by Ord. No. 1488]
See other fee requirements in § 200-12, Guarantees and inspections, and § 200-14, Permits and zoning approval.
A.
Nonrefundable application fees. The following nonrefundable application fees have been established to defray the administrative and clerical costs of operating the Planning Board exclusive of legal, planning, engineering and other professional costs incurred in reviewing applications. These fees shall be payable to the Borough at the time an application for development is filed. Additionally, applicants shall pay a review fee escrow deposit and execute an escrow agreement as provided in Subsection B below. Proposals involving more than one use shall pay a fee equal to the sum of the fees for the component parts of the plan. In the event any development application requires more than two hearings, other than any requested special meetings, the applicant shall pay an additional fee of $200 for each hearing date.
[Amended 12-27-2012 by Ord. No. 1613]
B.
Review fee escrow deposits. In addition to the nonrefundable application
fees set forth above, the applicant shall also pay an amount equal
to the legal, planning, engineering and other professional costs incurred
by the Borough in reviewing an application for development. The following
schedule of review fee escrow deposits are estimates of these professional
costs and shall be deposited with the Borough at the time an application
for development is filed. Additionally, applicants shall execute an
escrow agreement, in a form approved by the Borough Council, consenting
to pay these review costs and specifically stating that in the event
the fees imposed are not paid, any development approvals granted shall
be considered null and void. The review fee escrow deposit shall be
held in an escrow account to the credit of the applicant. The Borough
shall be responsible to keep a record to determine the actual review
costs attributed to each application.
(1)
In the event that the initial deposit is not sufficient to cover
the professional charges incurred in reviewing an application, the
applicant shall be required to deposit additional funds as determined
by the Borough. The approving authority shall not be required to process
the application or take further action upon an application until such
additional deposits are made by the applicant. If these additional
deposits remain unpaid for a period of 60 days, the development application
shall be deemed to be withdrawn and shall be dismissed without prejudice.
(2)
In the event the review fee escrow deposit shall be in excess of
the amounts necessary to cover the professional charges incurred in
reviewing an application, the excess funds shall be returned to the
applicant within 45 days of the final decision on the application,
or adoption of a resolution memorializing the decision, whichever
occurs later.
Nonrefundable Application Fees and Review Fee Escrow Deposits
| ||||
---|---|---|---|---|
Type of Application
|
Application Fee
|
Escrow Deposit
| ||
Appeal alleging Zoning Officer (N.J.S.A. 40:55D-70a)
|
$230
|
$460
| ||
Interpretation Zoning Map or Ordinance and special questions
(N.J.S.A. 40:55D-70b)
|
$230
|
$460
| ||
Request for hardship (bulk) variances (N.J.S.A. 40:55D-70c)
|
$280
|
$690
| ||
Variances related to the construction of fences/accessory structures
|
$280
|
$460
| ||
Single-family residential
|
$280
|
$690
| ||
All others
|
$280
|
$690
| ||
Request for use variance (N.J.S.A. 40:55D-70d):
| ||||
Residential use/single-family residential
|
$345
|
$690
| ||
Other uses/multifamily residential
|
$520
|
$1,150
| ||
Minimum/business and commercial
|
$520
|
$1,150
| ||
Request for direct issuance of a permit to build in bed of mapped
street [N.J.S.A. 40:55D-76a(1)]
|
$230
|
$460
| ||
Request for direct issuance of a permit to build on lot not
abutting a street [(N.J.S.A. 40:55D76a(2)]
|
$230
|
$460
| ||
Request for issuance of certificate of nonconforming use (N.J.S.A.
40:55D-68)
|
$230
|
$460
| ||
Conditional use approval (N.J.S.A. 40:55D-67
|
$345
|
$690
| ||
Waiver of required submissions
|
$230
|
$460
| ||
Extend time period for previously approved
|
50% original fee
|
50% original deposit
| ||
Pre-applications
| ||||
Exempt site plan classification approval
|
$280
|
$460
| ||
Minor site plan approval:
| ||||
Preliminary and final
|
$345
|
$690
| ||
Major site plan approval:
| ||||
Informal review
|
$345
|
$690
| ||
Preliminary plat
|
$345
|
$690
| ||
Final plat
|
$345
|
$690
| ||
Combined preliminary and final plat
|
$690
|
$1,380
| ||
Amended preliminary and final plat
|
50% original fee
|
50% original deposit
| ||
Request for exception to site plan requirements and standards
(N.J.S.A. 40:55D-51b)
|
$345
|
$460
| ||
Minor subdivision approval:
| ||||
Preliminary and final
|
$345
|
$690
| ||
Major subdivision approval:
| ||||
Informal review
|
$230
|
$460
| ||
Sketch plat
|
$230
|
$460
| ||
Preliminary plat
|
$345
|
$690
| ||
Final plat
|
$345
|
$690
| ||
Combined preliminary and final plat
|
$690
|
$1,380
| ||
Amended preliminary and final plat
|
50% original fee
|
50% original deposit
| ||
Request for exception to subdivision requirements and standards
(N.J.S.A. 40:55D-51a)
|
$345
|
$690
| ||
Change of use
|
$345
|
$690
| ||
Design variances
|
$115
|
$230
| ||
Special meeting
|
$700
| |||
Floodplain regulations
|
$230
|
$460
| ||
Tax Map maintenance fees:
| ||||
Minor subdivision, 2 to 4 lots
|
$460
| |||
Final major subdivision, up to 6 lots
|
$690
|
C.
Special meeting fee. The fee for any special meeting shall be $700.
D.
Appeal to the governing body. Any appeal shall be accompanied by
a fee of $100 and eight copies of the transcript(s) of the hearing(s)
before the Board.
E.
List of property owners. The Borough Tax Assessor, upon written request,
shall make and certify a list from the current tax duplicates of names
and addresses of owners of property within 200 feet of the property.
The fee shall be $10.
A.
A plat requiring bonded improvements shall not be approved until
a developer's agreement has been approved by the governing body and
all improvements have either been installed and approved with a maintenance
guarantee accepted by the governing body, or a performance guarantee
has been accepted and approved by the governing body for their future
installation.
B.
If final approval is by stages, bonding shall be by stage.
C.
The developer shall be principal in any performance guarantee. The
surety shall be an acceptable surety company approved by the governing
body and licensed in New Jersey, and/or shall be cash or certified
check deposited with the Borough Treasurer. Any performance bond shall
be issued in the name of, and executed by, a representative of the
developer. In addition, at least one corporate officer, partner, member
of a joint venture or other similar entity shall sign the bond in
his individual capacity. The obligor and surety shall be liable for
either paying for or completing any improvements not meeting specifications,
not completed within the required time, but no longer than two years.
D.
The performance guarantee shall equal 120% of the cost of installing
the improvements. Ninety percent shall be either certified check,
bank money order, or surety bond. The remaining 10% shall be a certified
check or bank money order payable to the Borough. In the event of
default, the ten-percent cash shall be used first followed by the
other surety, if necessary.
E.
The cost of inspections shall be the responsibility of the developer
who shall reimburse the Borough for all reasonable inspection fees
by submitting a certified check or bank money order to the Borough
Clerk. This fee shall be in addition to the cost of the performance
guarantee and application fees. The initial deposit shall be in accordance
with the following schedule. Should the initial deposit be insufficient
to cover inspection costs, the developer shall deposit additional
sums upon notice from the Borough Clerk, each additional deposit being
in amounts not to exceed 50% of the initial deposit. Upon completion
of all inspections, the developer shall receive any unspent funds.
Estimated Construction Cost of Required Improvement
|
Inspection Fee
| |
---|---|---|
Under $50,000
|
6% of estimate
| |
$50,000 to $100,000
|
$3,000, plus 5% of excess over $50,000
| |
Over $100,000
|
$5,500, plus 4% of excess over $100,000
|
F.
Prior to construction, the developer shall arrange a preconstruction conference among the developer, contractor, and Municipal Engineer. No work shall be done without permission from the Municipal Engineer. In addition to the requirements of this chapter, the applicable provisions of Chapter 405, Streets and Sidewalks, and Chapter 450, Water and Sewers, shall be adhered to. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
G.
All utility installations installed by utility companies shall not
be subject to municipal inspection and bonding.
H.
Upon substantial completion of all utility improvements, and their
connection to the public system, the obligor shall prepare plans and
profiles to read "as constructed" and submit one set to the administrative
officer along with a maintenance guarantee. The obligor shall notify
the governing body in writing, by certified mail addressed to the
Borough Clerk, of the completion of the improvements with a copy sent
to the Municipal Engineer. The Municipal Engineer shall inspect the
improvements and, within 30 days of the inspection, file a report
in writing with the governing body recommending either approval, partial
approval, or rejection of the improvements with a statement of reasons
for any rejection.
I.
The governing body shall either approve, partially approve, reject,
or extend the time for installing the improvements and shall notify
the obligor by certified mail of the contents of the Municipal Engineer's
report and their action in relation thereto, not later than 65 days
after receipt of the notice of completion and the accompanying documents
from the obligor. If an extension of time is granted, 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 current costs of installing
the remaining improvements. No approval or partial approval shall
be granted until an acceptable maintenance guarantee has been approved.
Failure of the governing body to notify the obligor within 65 days
shall be deemed to constitute approval of the improvements and he
shall be released from all liability pursuant to such performance
guarantee.
J.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth shall
be followed.
K.
Occupancy permits will be issued only when required fire alarms,
curbs, aprons, utilities, functioning water supply and sewage treatment
facilities, gutters and other required storm drainage facilities,
including fine grading of lots, clearing of sight triangles, soil
stabilization, including topsoil and seeding, including dune restoration
(where applicable), base course for the street and driveway, and sidewalks
are installed to serve the lot and structure for which the permit
is requested. Streets shall not receive surface course paving until
all heavy construction is completed. Shade trees shall not be planted
until all grading and earth moving is completed.
L.
Maintenance guarantee. No improvement shall be accepted by the governing
body unless and until all of the following conditions have been met:
(1)
Written certification has been received from the Municipal Engineer
that all improvements are complete and comply with Borough ordinances.
(2)
There are no further stages of work or alterations to be made on
the improvements submitted for a maintenance guarantee.
(3)
The maintenance guarantee is equal to 15% of the cost of improvements
and runs for two years after final acceptance of the improvements
by the governing body. The maintenance guarantee shall provide for
replacing all work and materials if defects become apparent during
the two-year period. In addition, the developer shall accomplish regular
maintenance such as curb and pavement replacement and repair, cleaning
out catch basins and other matters.
(4)
The maintenance guarantee shall be in a form acceptable to the governing
body, Municipal Engineer, and Attorney. Where other governmental agencies
or public utilities will own the improvements, no maintenance guarantee
shall be required by the Borough for such improvements.
(5)
To release the maintenance bond the developer shall complete all
required maintenance and apply to the governing body in writing, by
certified mail with a copy to the Municipal Engineer, for final inspection
of the work. The Municipal Engineer shall, within 30 days of receipt
of the request, send his report to the governing body in writing.
[Amended 5-2-1991 by Ord. No. 1104; 11-4-1993 by Ord. No. 1152; 5-24-2006 by Ord. No. 1388; 9-1-2009 by Ord. No. 1488]
A.
Zoning approval required. A zoning permit or approval by the Zoning
Officer shall be required prior to the erection, construction, alteration,
conversion, repair, remodeling, removal or destruction of any building
or structure; prior to the use or occupancy or any building, structure
or land; and prior to the issuance of a building permit, certificate
of occupancy or certificate of approval. Building permits shall be
required as set forth in the Uniform Construction Code.[1] A zoning permit or approval by the Zoning Officer shall
also be required prior to:
B.
Filing of plans. An application for a zoning permit or approval by
the Zoning Officer shall be made on forms provided for such purpose
and shall be accompanied by plans, in duplicate, drawn to scale, showing
the size, shape and dimensions of the lot, the size and location of
existing and proposed buildings, structures and impervious materials
on the lot, the existing and intended use of each building or structure,
or part thereof, the heights thereof and the number of families intended
to be accommodated.[2] An applicant shall also provide such other pertinent information
as may be necessary to determine the propriety of the issuance of
a zoning permit.
C.
Zoning Officer review. The Zoning Officer shall approve or deny an
application for a zoning permit within 10 business days in accordance
with the provisions of N.J.S.A. 40:55D-18.
D.
Approval. If the Zoning Officer approves the zoning permit application,
one copy of the filed plans shall be returned to the applicant certified
as approved by the Zoning Officer. Zoning approval shall expire six
months after the date of issuance if a building permit has not been
obtained.
E.
Denial. If the Zoning Officer shall decline to approve the zoning
permit application, such reasons for denial shall be provided to the
applicant in writing.[3]
F.
Temporary approval for a use related to the development of a permitted
use, such as a construction trailer, may be granted for a period not
to exceed six months with one one-month extension.
G.
A grading and drainage plan is required prior to the issuance of
a building permit. A final as-built plan is required prior to the
issuance of a certificate of occupancy.
[Amended 5-2-2013 by Ord. No. 1615; 3-11-2010 by Ord. No. 1506; 12-27-2012 by Ord. No. 1613]
A.
Board established. There is hereby established, pursuant to P.L.
1975, c. 291, in the Borough of Seaside Park, a Planning Board of
nine members, consisting of the following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the absence of the
Mayor or, in the case of the Council-Manager form of government, pursuant
to the Optional Municipal Charter Law, P.L. 1950, c. 210 (N.J.S.A.
40:69A-1 et seq.) or the Municipal Manager Form of Government Law
(N.J.S.A. 40:79-1 et seq.), the Manager, if so provided by the aforesaid
ordinance.
(2)
Class II: one of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor; provided, however,
that, if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed
to be the Class II Planning Board member for purposes of this section
in the event that there is among the Class IV or alternate members
of the Planning Board a member of the Board of Education.
(3)
Class III: a member of the governing body, to be appointed by it.
(4)
Class IV: other citizens of the municipality, to be appointed by
the Mayor or, in the case of the Council-Manager form of government,
pursuant to the Optional Municipal Charter Law, P.L. 1950, c. 210
(N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of Government
Law (N.J.S.A. 40:79-1 et seq.), by the Council, if so provided by
the aforesaid ordinance. The members of Class IV shall hold no other
municipal office, position, or employment, except that, in the case
of the nine-member boards, one such member may be a member of the
Historic Preservation Commission. No member of the Board of Education
may be a Class IV member of the Planning Board, except that, in the
case of a nine-member Board, one Class IV member may be a member of
the Board of Education. If there is a Municipal Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board, as required by Section 1 of P.L. 1968, c. 245
(N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless
there is among the Class IV or alternate members of the Planning Board
both a member of the Historic Preservation Commission and a member
of the Board of Education, in which case the member common to the
Planning Board and Municipal Environmental Commission shall be deemed
a Class II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature and the establishment of which is discretionary and not
required by statute shall not be considered the holding of municipal
office.
B.
Terms of members.
(1)
The term of the member composing Class I shall correspond to the
Mayor's or Manager'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 a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his/her
term of office as a member of the Environmental Commission, whichever
occurs first. The term of a Class IV member who is also a member of
the Board of Education shall terminate whenever he/she is no longer
a member of such other body or at the completion of his/her 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 practicable extent, the expiration of such terms shall
be distributed evenly over the first four years after their appointments;
provided, however, that the initial Class IV term of no member shall
exceed four years. Thereafter, the Class IV term of each such member
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided, for the unexpired term. No member
of the Planning Board shall be permitted to act on any matter in which
he/she has, either directly or indirectly, any personal or financial
interest. Any member other than a Class I member, after a public hearing
if he/she requests one, may be removed by the governing body for cause.
(2)
In any municipality in which the term of the municipal governing
body commences on January 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member of the
Planning Board appointed pursuant to this section shall commence on
January 1. In any municipality in which the term of the municipal
governing body commences on July 1, the governing body may, by ordinance,
provide that the term of appointment of any class of member appointed
pursuant to this section commence on July 1.
C.
Alternate members.
(1)
The Mayor may appoint four alternate members to the Planning Board.
Alternate members shall meet the qualifications of Class IV members.
At the time of appointment, the Mayor shall designate such members
as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate
No. 4." The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the term of not more than two alternate members shall expire in any
one year. In no instance shall the terms of the alternate members
first appointed exceed two years. A vacancy occurring otherwise than
by expiration of term shall be filled by the Mayor for the unexpired
term only. All other matters respecting alternate members shall be
as set forth in N.J.S.A. 40:55D-23.1.
(2)
No alternate member shall be permitted to act on any matter in which
he/she has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he/she
requests one, be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. Participation of alternate members shall not be deemed to increase
the size of the Planning Board established by ordinance of the governing
body pursuant to Section 14 of P.L. 1975, c.291 (N.J.S.A. 40:55D-23).
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.
D.
Vacancies. 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.
E.
Organization. The Planning Board shall elect a Chair and Vice Chair
from the members of Class IV and select a Secretary, who may be a
member or alternate member of the Planning Board or a municipal employee
designated by it. An alternate member shall not serve as Chair or
Vice Chair of the Planning Board.
F.
Attorney. There is hereby created the office of the Planning Board
Attorney. The Planning Board may annually appoint and fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
G.
Experts and staff. The Planning 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 exceed, however, exclusive of
gifts or grants, the amount appropriated by the governing body for
its use.
H.
Powers and duties. The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
(1)
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the Borough, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough, in accordance with the provisions
of N.J.S.A. 40:55D-28.
(2)
To administer land subdivision control and site plan review in accordance
with the provisions of this chapter and the Municipal Land Use Law
of 1975, N.J.S.A. 40:55D-1 et seq.
(3)
To consider and make a 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, and also
to pass upon other matters specifically referred to the Planning Board
by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26.
(4)
Granting variances or direction.
(a)
When reviewing applications for the approval of subdivision
plats, site plans or conditional uses, to grant:
[1]
Variances, pursuant to the provisions of N.J.S.A. 40:55D-70c.
[2]
Direction, pursuant to the provisions of N.J.S.A. 40:55D-34,
for the issuance of a permit for a building or structure in the bed
of a mapped street or public drainageway, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
[3]
Direction, pursuant to the provisions of N.J.S.A. 40:55D-36,
for the issuance of a permit for a building or structure not related
to a street.
(b)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for the issuance of a permit,
as the case may be.
(5)
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body or other agencies or officers.
(6)
To perform any and all duties formerly exercised by the Zoning Board
of Adjustment, subject to the limitation that the Class 1 and the
Class III members of the Planning Board shall not participate in the
consideration of applications for development which involve relief
pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 [N.J.S.A.
40:55D-70(d.)].
I.
Rules and regulations. 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
Investigation Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
J.
Zoning Board dissolved.
(1)
The Zoning Board of Adjustment is hereby dissolved in accordance
with P.L. 1985, c. 516, and the Planning Board shall exercise to the
same extent and subject to the same restrictions all of the powers
formerly exercised by the Zoning Board of Adjustment. All provisions
in Chapter 25 of the Code of the Borough of Seaside Park inconsistent
herewith are hereby repealed and are of no effect.
(2)
All references to the "Zoning Board" or "Zoning Board of Adjustment"
in this Code are hereby amended to refer to the "Planning Board,"
except where such reference is clearly inapplicable.
[Amended 12-27-2012 by Ord. No. 1613; 5-2-2013 by Ord. No. 1615; 9-26-2013 by Ord. No. 1637]
A.
Meetings.
(1)
Meetings shall be scheduled and held no less than once a month unless
cancelled for lack of development applications.
(2)
Special meetings may be called by the Chairman or any two Board members,
provided there is notice to the members and public in accordance with
applicable legal requirements.
(3)
No action shall be taken without a quorum being present. All actions
shall be by majority vote of the members of the Board present except
where a specified portion of the full authorized membership is required:
N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34, and 40:55D-70d.
(4)
All meetings shall be open to the public with notice given in accordance
with the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
B.
Minutes. Minutes of regular and special meetings shall be kept, including
the names of persons appearing and addressing the Board and of persons
appearing by attorney, action taken, findings, and reasons therefor.
The minutes shall be available for public inspection during normal
business hours at the office of the Borough Clerk. Any interested
party shall have the right to compel production of the minutes and
be charged a fee for their reproduction.
C.
Hearings.
(1)
Rules. Both Boards may make rules governing the conduct of hearings
consistent with N.J.S.A. 40:55D-1 et seq. and this chapter. The approving
authority may waive the required notices and hearing for exempt subdivisions
and exempt site plans.
(2)
Oaths. The presiding officer or such person as he may designate shall
have power to administer oaths or issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence, including witnesses
and documents presented by the parties. The provisions of the County
and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.)
shall apply.
(3)
Testimony. All testimony shall be taken under oath or affirmation
by the presiding officer. The right of cross examination shall be
permitted to all interested parties subject to the discretion of the
presiding officer and to reasonable limitations as to time and number
of witnesses.
(4)
Evidence. Technical rules of evidence shall not be applicable, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
Each Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense. The charge
for a copy of the transcript shall not be more than the maximum permitted
in N.J.S.A. 2B:7-4, and the transcript shall be certified in writing
by the transcriber to be accurate.
(6)
Certified court reporter. If an applicant desires a certified court
reporter, the cost of taking testimony and transcribing it and providing
a copy of the transcript to the approving authority shall be at the
expense of the applicant who shall also arrange for the reporter's
attendance.
(7)
When any hearing shall carry to two or more meetings, a member who
was absent for one or more meetings shall be eligible to vote notwithstanding
his absence, provided such Board member certifies, in writing, to
the Board that he has read the transcript or listened to the recording
of the hearing(s) he missed.
D.
Expiration of variance. In the granting of bulk variances under N.J.S.A.
40:55D-70c and use and/or density variances under N.J.S.A. 40:55D-70d,
a time limitation of two years from the date of approval shall be
set within which the owner shall secure a building permit; otherwise,
the variance granted shall be null and void. The approving authority
may for good cause shown extend the period for securing a building
permit for an additional six-month period.
[Amended 11-4-1993 by Ord. No. 1152; 5-9-2019 by Ord. No. 1907]
The approving authority shall set the date for and hold a public
hearing on each application for development following its acceptance
as a complete application except that the approving authority may
waive the required notices and hearing for exempt subdivisions and
exempt site plans unless a variance or conditional use is part of
the application. All public hearings shall follow the requirements
of the Municipal Land Use Law as summarized and supplemented below
(N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12):
A.
All public hearing dates shall be set by the approving authority.
All hearing notices shall be the responsibility of the applicant and
shall be given at least 10 days prior to the hearing date.
B.
Pursuant to the optional provisions authorized by N.J.S.A. 40:55D-12(a),
public notice of applications for action pursuant to N.J.S.A. 40:55D-70(a),
appeals of determinations of administrative officers, and N.J.S.A.
40:55D-70(b), requests for interpretations, shall also be given by
the applicant.
C.
All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered, an identification of the
property proposed for development, and the location and time(s) at
which maps and documents are available for public inspection.
D.
The applicant shall file an affidavit of proof of service with the
approving authority holding the hearing certifying that notices were
given in accordance with N.J.S.A. 40:55D-12. Any notice made by certified
mail shall be deemed complete upon mailing.
E.
The application shall be available for public inspection at least
10 days before the hearing.
F.
Each decision shall be in writing, including findings of fact and
conclusions. Failure to approve an application shall be deemed a denial
and a resolution of memorialization shall be adopted to that effect
by a majority of the members who voted for the action. The date of
adoption of the resolution of memorialization shall constitute the
date of publication as required by statute.
G.
The approving authority shall mail a copy of the decision within
10 days of the date of the decision to the applicant or, if represented
by an attorney, then to the attorney. A copy shall be on file with
the administrative officer and a brief notice of the decision published
in the official newspaper of the Borough as arranged by the administrative
officer. The period of time within which an appeal may be taken shall
run from the first publication of the decision.
These regulations shall not abate or modify any action, penalty,
liability, or right pending under any ordinance repealed by the adoption
of this chapter except as expressly provided in this chapter.[1]
[1]
Editor's Note: Original § 25-417, Use variance applications
referred to the Planning Board, of the 1970 Borough Code, which immediately
followed this section, was repealed 10-28-2010 by Ord. No. 1544.
[Amended 5-2-1991 by Ord. No. 1104; 11-10-2011 by Ord. No.
1582; 4-12-2012 by Ord. No. 1588]
A.
In case of any violation of this chapter, the Borough or an interested
party may institute appropriate action to prevent such violation;
to restrain, correct or abate such violation; to prevent the occupancy
of said structure or land; and to prevent any illegal act, conduct,
business or use in or about such premises. Any person convicted of
such violation(s) before a court of competent jurisdiction shall be
subject to penalty of not less than $250 nor more than $2,000; provided,
however, that where the penalty for any particular offense is limited
by state statute, then such limitation shall be applicable to the
provisions of the Code and other ordinances of the Borough or any
rule, order or regulation, as aforesaid, notwithstanding the provisions
of this section.
B.
Each day
any violation of the Code or of any other ordinance of the Borough,
or any rule, regulation or order, as aforesaid, shall continue shall
constitute a separate offense.
C.
Each separate
act committed in violation of any provision of the Code or any other
ordinance of the Borough, or any rule, regulation or order, as aforesaid,
shall constitute a separate offense and shall be punishable as such
separate offense.
D.
The sale or transfer of property prior to final approval shall carry
those penalties outlined in N.J.S.A. 40:55D-55.