Borough of Seaside Park, NJ General Provisions

Editor's Note: Former § 200-7, Board of Adjustment, as amended, was repealed 12-27-2012 by Ord. No. 1613.

§ 200-8 Compliance.

All requirements of this chapter shall be met at the time of any construction, moving, or change in use.

§ 200-9 Effective date.

[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.

§ 200-10 Enforcing officer.

[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.

§ 200-11 Application and review fees; escrow deposits.

[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.

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]

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.

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.

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

Special meeting fee. The fee for any special meeting shall be $700.

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.

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.

§ 200-12 Guarantees and inspections.

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.

If final approval is by stages, bonding shall be by stage.

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.

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.

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

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.

All utility installations installed by utility companies shall not be subject to municipal inspection and bonding.

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.

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.

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.

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.

Maintenance guarantee. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:

Written certification has been received from the Municipal Engineer that all improvements are complete and comply with Borough ordinances.

There are no further stages of work or alterations to be made on the improvements submitted for a maintenance guarantee.

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.

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.

(6)

The governing body shall either approve, partially approve, or reject the improvements and the release of the maintenance bond, or they may reduce the amount of the maintenance bond following the procedures for performance bonds in Subsection I above.

§ 200-13 Interpretation.

These provisions shall be minimum requirements. Where there are conflicts between this and any other ordinance or law, the more restrictive or higher standards shall control.

See § 200-64, Interpretation of zoning district boundaries, in Article VII.

§ 200-14 Permits and zoning approval.

[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]

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:

The replacement or installation of any sign, fence or flagpole.

The replacement or installation of any impervious material which increases lot coverage by more than 50 square feet.

Any change in use as defined in this chapter.

Editor's Note: See Ch. 185, Construction Codes, Uniform.

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.

[2]

Editor's Note: See § 225-9, Zoning permit fees.

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.

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.

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]

[3]

Editor's Note: Original § 25-412F, regarding a fee for a zoning permit, of the 1970 Borough Code, which previously followed this subsection, was repealed 3-11-2010 by Ord. No. 1506 and 10-28-2010 by Ord. No. 1544. See now Ch. 225, Fees.

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.

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.

§ 200-15 Planning Board.

[Amended 5-2-2013 by Ord. No. 1615; 3-11-2010 by Ord. No. 1506; 12-27-2012 by Ord. No. 1613]

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:

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.

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.

Class III: a member of the governing body, to be appointed by it.

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.

Terms of members.

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.

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.

Alternate members.

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.

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.

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.

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.

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.

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.

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.

Powers and duties. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

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.

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.

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.

Granting variances or direction.

(a)

When reviewing applications for the approval of subdivision plats, site plans or conditional uses, to grant:

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.)].

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.

Zoning Board dissolved.

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.

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.

§ 200-16 Additional Planning Board provisions.

[Amended 12-27-2012 by Ord. No. 1613; 5-2-2013 by Ord. No. 1615; 9-26-2013 by Ord. No. 1637]

Meetings.

Meetings shall be scheduled and held no less than once a month unless cancelled for lack of development applications.

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.

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.

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.

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.

Hearings.

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.

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.

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.

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.

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.

§ 200-17 Public hearings and public hearing notices.

[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):

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.

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.

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.

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.

The application shall be available for public inspection at least 10 days before the hearing.

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.

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.

§ 200-18 Saving provision.

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]