[Amended 4-19-1995 by Ord. No. 95-03]
Pursuant to N.J.S.A. 40:55D-1, a Planning Board
of nine members consisting of the following four classes is hereby
established in the Borough of Longport:
A.
Class I: The Mayor.
B.
Class II: One of the officials of the Borough of Longport,
other than a member of the governing body, to be appointed by the
Mayor.
C.
Class III: a member of the governing body, to be appointed
by the Mayor.
[Amended 10-15-1997 by Ord. No. 97-16]
D.
Class IV: Six other citizens of the municipality,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except one member may also be a member of
the Board of Education. 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.
[Amended 10-15-1997 by Ord. No. 97-16]
A.
The term of the member composing Class I and Class
III shall correspond with his or her official tenure. The term of
the member composing Class II shall be for one year or terminate at
the completion of his or her term of office, whichever occurs first.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he or she is no longer a member
of such other body or at the completion of his or her Class IV term,
whichever occurs first.
[Amended 4-19-1995 by Ord. No. 95-03; 10-15-1997 by Ord. No. 97-16]
B.
The terms of all Class IV members first appointed
pursuant to this article shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be evenly distributed
over the first four years after their appointment as determined by
resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the term for which they were appointed. Thereafter, all Class IV members
shall be appointed for terms of four years except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment is made.
[Amended 4-19-1995 by Ord. No. 95-03]
A.
In addition to the nine members of the Planning Board as set forth in § 15-1 hereof, two alternate members of the Planning Board shall be appointed, who shall meet the qualifications of Class IV members and who shall be designated by the Mayor at the time of their appointments as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years and shall be such that the term of not more than one alternate shall expire in any one year.
B.
Alternate members may participate in discussions of
the proceeding but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
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.
The Planning Board shall elect a Chairman from
the members of Class IV and select a Secretary, who may or may not
be a member of the Planning Board or a municipal employee designated
by it.
There is hereby created the Office of Planning
Board Attorney. The Planning Board may annually 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. 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, however, exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
A.
The Planning Board shall follow the provisions of
N.J.S.A. 40:55D-1 et seq. and shall accordingly exercise its power
in regard to:
(1)
Drafting and adopting and, from time to time, amending
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 provision of N.J.S.A. 40:55D-28.
(2)
Administering the provisions of any land subdivision
ordinance or site plan review ordinance of the Borough in accordance
with the provisions of said ordinances and the provisions of N.J.S.A.
40:55D-37 et seq.
(3)
Any official map duly established for the Borough
in accordance with the provision of N.J.S.A. 40:55D-37 et seq.
(5)
Any capital improvements program authorized by the
governing body in accordance with the provisions of N.J.S.A. 40:55D-29
et seq.
(6)
Variances and certain building permits in conjunction
with subdivision, site plan and conditional use approval pursuant
to N.J.S.A. 40:55D-60 et seq.
(7)
Development regulation referral reports to the governing
body in accordance with the provisions of N.J.S.A. 40:55D-26a.
B.
The Planning Board may:
(1)
Participate in the preparation and review of programs
or plans required by state or federal law or regulations.
(2)
Assemble data on a continuing basis as part of a continuous
planning process.
(3)
Perform such other advisory functions as assigned
to it by ordinance or resolution of the governing body.
C.
Variances and permits.
[Amended 4-19-1995 by Ord. No. 95-03]
(1)
The Borough of Longport hereby exercises the option
provided by N.J.S.A. 40:55D-25c. The Planning Board shall exercise,
to the same extent and subject to the same restrictions, all the powers
and duties of a Board of Adjustment; but the Class I and Class III
members shall not participate in the consideration of applications
for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
(2)
Whenever relief is requested pursuant to this subsection,
notice of a hearing on the application for development shall include
reference to the request for variance or direction for issuance of
a permit, as the case may be.
A.
Review for completeness.
[Amended 2-17-1999 by Ord. No. 3-1999]
(1)
For all Planning/Zoning Board applications, the applicant
shall make submission to the Zoning Officer on forms provided by the
municipality with the necessary information and copies as stated on
the application forms. With said submission, the applicant shall also
provide the application and escrow fees in accordance with the Developmental
Regulation Fee Schedule.[1]
(2)
Prior to being placed on any board agenda, the Zoning
Officer shall forward copies of the application to the Staff Committee
for a review for completeness. The Staff Committee shall consist of
the Planning Board Attorney, Planning Board Engineer and Municipal
Zoning Officer. The Staff Committee shall have the required time as
permitted by law to review and determine the completeness of the application.
(3)
Upon determiniation by the Staff Committee, the applicant
shall be advised, in writing, as to whether said application is complete.
Should the application be deemed incomplete, the applicant will be
advised, in writing, of the additional or revised information necessary
to make the application complete. Should the application be deemed
complete, the applicant shall be advised, in writing, of same and
informed of the date on which the application will be scheduled for
Planning/Zoning Board action. Only after being notified in writing
of the assigned Planning/Zoning Board meeting date shall the applicant
provide the public noticing as required by law.
(4)
Any materials or revisions to applications which have
already been deemed complete and are listed for action at a Planning/Zoning
Board Meeting shall be provided to the Zoning Officer a minimum of
10 calendar days prior to the meeting date. Any such revisions submitted
less than 10 calendar days before the meeting date shall automatically
cause the application to be stricken from the meeting agenda.
C.
Initial approvals.
(1)
Minor subdivisions; site plans for conventional developments
of 10 acres or 10 dwelling units or fewer. Final approval in the case
of minor subdivisions and preliminary approval in the case of site
plans of 10 acres or 10 dwelling units or fewer shall be granted or
denied within 45 days from the date an application is determined to
be complete or within such further time as may be consented to by
the applicant. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) is filed by the developer
with the County Clerk, the Municipal Engineer and the Municipal Tax
Assessor. Any such plat or deed must be signed by the Chairman and
Secretary of the Longport Planning Board, Municipal Engineer and Municipal
Tax Assessor before it will be accepted for filing by the County Clerk.
(2)
Major subdivisions; site plans for conventional developments
of more than 10 acres or 10 dwelling units; planned developments.
(a)
Preliminary applications for major subdivisions, site plans for conventional developments of more than 10 acres or 10 dwelling units shall be subject to public hearing after notice properly given by the applicant as provided in Article III, § 15-26, of this chapter, and preliminary approval shall be granted or denied within 95 days from the date an application is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
(b)
In the event that preliminary approval of a
subdivision or site plan is denied because of failure to comply with
municipal or regional development regulations, a notation to that
effect, together with the signature of the Administrative Officer
of the Planning Board, shall be placed on the plat and reasons for
the denial shall be stated in the denial resolution.
(c)
Preliminary approval of a major subdivision,
site plan or planned development shall be granted by resolution, which
shall set forth any conditions that must be met, including required
performance guaranties, and plat changes that must be made precedent
to final action. A notation indicating preliminary approval shall
be placed on each plat and plan, said notation to clearly state that
preliminary approval does not authorize recording in the case of a
subdivision nor the issuance of a building permit in the case of a
site plan, together with the signature of the Chairman or Secretary
of the Longport Planning Board.
(d)
Preliminary approval of a subdivision plat or
site plan shall confer upon the developer the following rights:
[1]
That the general terms and conditions on which
approval was granted shall not be changed for a three-year period
from the date of the preliminary approval, unless modified by ordinance
with respect to public health or public safety objectives.
[2]
That the developer may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat or site
plan.
[3]
That the developer may apply for and the Planning
Board may grant extension of one year or longer as provided in N.J.S.A.
40:55D-49 of the Municipal Land Use Law.
(e)
In the case of subdivision of or a site plan for an area of five acres or more, the Planning Board may grant the rights referred to in Subsection C(2)(d) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
D.
Final approval of site plans, major subdivisions and
planned development.
(1)
Except as otherwise provided in Article II, § 15-18, of this chapter, a developer seeking final approval of a major subdivision or site plan shall, with the knowledge of the Zoning Administrative Officer, submit 10 paper prints of the final plan, together with originals and processed tracings as required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) in the case of subdivisions, along with a completed application form, to the Planning Board Administrative Officer at least 10 days prior to a regularly scheduled Planning Board meeting.
(2)
The Planning Board, at its next regular meeting, shall
determine, on the basis of advice from the Municipal Engineer and
the Board's Administrative Officer, that the application is complete
and properly submitted as of that date or that the application is
incomplete or in error, in which latter case the developer shall be
advised within 45 days of his initial submission for final approval
as to the additional material or corrections required. An amended
application, together with any required revised plans, shall be submitted
in the same manner as the original application.
(3)
Final approval of a major subdivision or site plan
shall be granted only after all requirements and conditions imposed
at the time of preliminary approval have been complied with. A notation
indicating approval shall be placed on each plat, together with the
signatures of the Chairman and Secretary of the Longport Planning
Board.
(4)
An application for final approval shall be granted
or denied within 45 days from the date it is determined to be complete
or within such further time as may be consented to by the applicant.
Otherwise, the Planning Board shall be deemed to have granted final
approval and a certificate of the Planning Board Administrative Officer
as to the failure of the Planning Board to act shall be issued on
request of the applicant.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the County
Clerk. The Planning Board, for good cause shown, may extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat.
(6)
It shall be expressly understood that, notwithstanding
the posting of a performance guaranty for a lot in a major subdivision,
no building permit shall be issued until the subdivider shall have
installed the road subbase, road base and curbs in accordance with
the Borough's specifications and as certified by the Borough Engineer,
and until the underground utilities such as sewer, water, gas, storm
drainage lines and all other underground work shall have been duly
and properly installed. No occupancy permit shall be issued until
a finished road base has been installed pursuant to Borough specifications
and until all other improvements and conditions as may be required
by the Planning Board, this chapter and the Building and Plumbing
Codes have been properly complied with as certified in writing by
the Borough Engineer or other designated administrative officer prior
to the issuance of such certificate of occupancy.
(7)
Final approval of a major subdivision or site plan
shall confer upon the developer the following rights:
(a)
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Subsection C(2)(d) of this section, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with expiration provisions above set forth in this section. If the developer has followed the standards prescribed for final approval and, in the case of a major subdivision, has duly recorded the plat as required herein, the Planning Board may extend such period of protection for extensions of one year but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection C(2) of this section for any portions granted final approval.
E.
Ancillary powers.
(1)
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 15-7C, of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in Subsection B(2) of this section or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
(2)
The Planning Board, when acting upon applications
for minor or major subdivision approval, shall have the power to grant
such exceptions from the requirements for approval as may be reasonable
and within the general purpose and intent of the chapter if the literal
enforcement of one or more provisions of the chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
F.
Advisory Committee. The Mayor may appoint one or more
persons as a Citizens' Advisory Committee to assist or collaborate
with the Planning Board in its duties, but such person or persons
shall have no power to vote or take other action required of the Board.
Such person or persons shall serve at the pleasure of the Mayor.
G.
Submission of application to Environmental Commission.
Whenever an Environmental Commission has prepared and submitted to
the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
A.
The development fees shall be as follows:
[Amended 11-2-1994 by Ord. No. 94-22; 7-9-1995 by Ord. No.
95-07; 5-16-2001 by Ord. No. 2001-06; 12-17-2003 by Ord. No.
2003-17]
(1)
Minor site plan application fee: $800.
(2)
Major site plan - preliminary application fee: $1,500.
(3)
Major site plan - final application fee: $1,000.
(4)
Minor subdivision plan application fee: $800.
(5)
Major subdivision - preliminary application fee: $1,500.
(6)
Major subdivision - final application fee: $1,000.
(7)
Use variance/interpretation application fee: $800.
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Note: The use variance and/or interpretation
fee is in addition to the scheduled application fees for other applications
should the other applications request a use variance and/or, interpretation.
For example, a minor site plan (fee of $800) with use variance/interpretation
(fee of $800) will have a total application fee of $1,600.
|
(8)
Appeals form the Building or Zoning Officer: $800.
(9)
Submission of revised plans shall require the applicant
to pay an additional 1/2 of the established application fee.
(10)
Publication of notice of an application scheduled
for a Board hearing as required by law shall be published by the applicant
at the applicant's sole cost.
(11)
Publication of decision by the Board on any application
shall be the responsibility of the Board Solicitor at the applicant's
sole cost.
(12)
All costs associated with ordering transcripts of
hearings shall be paid in advance by the applicant or other requester
in accordance with the applicable Borough Ordinance.
(13)
A professional escrow fee of $1,000 shall be paid
in addition to the required fee for all nonresidential and multifamily
applications.
(14)
Applications relating to existing structures being
raised to comply with the requirements of the Federal Emergency Management
Agency (FEMA), which applications do not result in the further reduction
of current nonconforming setbacks to the existing structure or the
need for variances relating to lot and/or building coverages: $250.
[Added 7-17-2006 by Ord. No. 2006-12]
(15)
Application
relating to construction of an ADA-complaint ramp on a single-family
residential lot, which application does not result in the necessity
of variance request for other construction on the property: $150.
[Added 7-1-2009 by Ord. No. 2009-20]
B.
All application, fees and escrow deposits pursuant
to the schedule listed above shall be submitted at the time of application.
These moneys are intended to cover all necessary and reasonable costs
incurred by the technical and professional staff retained by the approving
authority to review and make recommendations on such applications.
The amounts specified for escrow deposit are estimates. In the event
that more than the amount specified for escrow are required in order
to pay the reasonable costs incurred, the applicant shall, prior to
being permitted to move forward in the approval procedure or prior
to obtaining certificates of occupancy for any portion of the application
project, pay all additional sums required. In the event that the escrow
deposit is more than required, the excess funds shall be returned
to the applicant within 30 days of the issuance of a certificate of
occupancy.
C.
In addition, if the Planning Board sets, as a condition
to any approval, a requirement that ongoing inspections are necessary
by the Borough of Longport to ensure compliance of a condition of
approval by an applicant, then it shall be the obligation of the applicant
to bear the cost of the inspection fees by placing a sum designated
by the Planning Board or Borough of Longport in the escrow fund to
be billed against for said inspection costs.
