This chapter shall be known as the "Borough
of Seaside Heights Land Use Ordinance."
The intent and purposes of this chapter are:
A.
To encourage municipal action to guide the appropriate
use and development of all lands in the Borough of Seaside Heights
in a manner which will promote the public health, safety, morals and
general welfare;
B.
To secure safety from fire, flood, panic and other
natural and manmade disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Borough of Seaside
Heights does not conflict with the development and general welfare
of neighboring municipalities, the county and the state as a whole;
E.
To promote appropriate population densities and concentrations
that will contribute to the well-being of persons, neighborhoods,
communities and regions and preserve the environment;
F.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
G.
To provide sufficient space in appropriate locations
for a variety of land uses, and open space, both public and private,
according to their respective environmental requirements, in order
to meet the needs of the residents of the Borough of Seaside Heights;
H.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of facilities and routes which result in congestion or blight;
I.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites, open
space, energy resources and valuable natural resources and to prevent
urban sprawl and degradation of the environment which might otherwise
occur through improper use of land;
K.
To encourage development which is carefully planned
to incorporate the best features of design and properly relate the
land use development to the particular site;
L.
To encourage senior citizen community housing construction
consistent with provisions permitting other residential uses of a
similar density in the same zone;
M.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;
N.
To promote use of renewable energy resources; and
O.
To promote the maximum practicable recovery and recycling
of materials from municipal solid waste through the use of planning
practices designed to incorporate and complement the State Recycling
Plan goals.
The regulations established by this chapter
shall be held to be the minimum requirements and shall apply uniformly
to each class or kind of structure or land. It is not the intention
of this chapter to interfere with, abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction with regard
to use, height or open space, the provisions of this chapter shall
govern.
A.
Use of land; construction of buildings. On and after
the effective date of this chapter, no land or building shall be used,
constructed, located, altered, rebuilt or enlarged for any purpose
within the Borough of Seaside Heights except in conformity with the
restrictions and regulations established by this chapter for the zone
in which such land or building is located, and in conformity with
all other pertinent terms and provisions of this chapter.
B.
Existing uses and structures. In all zones, after
the effective date of this chapter, any existing building or structure
and all tracts of land, the use of which is not in conformity with
the regulations for the zone in which it is located, shall be deemed
as nonconforming and subject to the appropriate regulations of this
chapter governing such nonconforming lots, uses and structures.
C.
Failure to comply. Any building constructed, rebuilt,
altered or located on or after the effective date of this chapter
in violation of the restrictions and regulations established for the
zone in which it is located or in violation of other pertinent terms
or provisions of this chapter shall be changed, altered, corrected
or relocated by the person who constructed or located such building
and by the owner of the land on which it is situated so that both
building and premises shall conform to all provisions of this chapter.
Such change, alteration, correction or relocation shall be made within
30 days after notification, in writing, by the Zoning Officer to the
person who constructed, altered or located the building and the owner
of the land on which it is located. Such notification shall be by
personal service on those to be served or by certified or registered
mail, return receipt requested, to the last known address of those
to be served.
D.
Any nonconforming building or structure or any building
or structure situated upon a nonconforming lot, which has been legally
used primarily for year-round occupation, may continue to be occupied
on a year-round basis. Any expansion of a nonconforming building or
structure or any building or structure situated upon a nonconforming
lot from less than year-round use to year-round use, requires the
owner to apply for a use variance permitting such expansion.
[Added 6-7-2000 by Ord. No. 2000-11; amended 8-7-2002 by Ord. No. 2002-18]
A.
As used in this chapter, the word "shall" denotes
a mandatory requirement, and the term "may" indicates a permissive
action.
B.
Words and phrases shall be presumed to have their
ordinary meanings, unless specifically defined differently. Disputes
concerning definition or interpretation of a word or phrase shall
be resolved by the Land Use Board.
The meaning of words and phrases defined by
the Municipal Land Use Law, particularly N.J.S.A. 40:55D-3 through
40:55D-7, if not contained in this section, are incorporated herein
and declared to be a part of this chapter. As used in this chapter,
the following words and phrases shall have the meanings indicated:
A building or structure detached from and subordinate to
the principal building on the same lot, the use of which is customarily
incidental to that of the principal building or structure.
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use shall be conducted
in the main or an accessory building or structure.
The Land Use Board Secretary, unless a different municipal
official is designated within this chapter.
As applied to a building or structure, a change or rearrangement
in the structural supports or other structural parts, or in the existing
facilities; an enlargement, whether by a change in height, width or
depth; or moving a building or structure from one location or position
to another.
A developer submitting an application for development.
The Land Use Board of the Borough of Seaside Heights, unless
a different agency is designated by this chapter, when acting pursuant
to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., and this chapter.
A story partly underground and having more than 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
A sign which directs attention to a business, product, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and designed in conjunction with the sign standards of Chapter 191.
An area of land usually bounded by streets, railways, streams
or other barriers to development, which includes within its boundaries
land parcels designated by lot numbers on the Municipal Tax Maps.
A covered passageway extending between a main and an accessory
building and having a permanent connection so as to be, or become,
an integral part of the main building.
An area within a property or site generally adjacent to or
parallel with the property line either consisting of natural existing
vegetation or created by the use of trees, shrubs or fences and used
to visibly separate one use from another or to shield or block noise,
lights or other nuisances. Buffers may include fences or berms as
well as vegetation. All fences shall be constructed with structural
elements and posts facing the property or site on which they are located.
Any structure having a roof supported by columns, piers or
walls, or having other support, including tents, lunch wagons, trailers,
dining cars, camp cars or other structures on wheels, intended for
the shelter, housing or enclosure of any person or use.
The aggregate of the areas of all buildings, as defined in
the definition of "building," on a tract. Such areas shall be computed
by using outside building dimensions measured on a horizontal plane
at ground level.
The vertical distance measured from the ground point determined
within this chapter to the top of the roof beam.
[Amended 8-4-2004 by Ord. No. 04-10]
A building or structure in which is conducted the main or
principal use of the lot on which said building is situated, to which
all other buildings and structures on the lot are accessory.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line. All yard requirements
are measured to the building line. This is the line which no building
or structure shall extend beyond unless otherwise provided for in
this chapter.
Permanent devices set in each stall to block the front wheels
and prevent encroachment beyond the stall space.
A freestanding projection from a wall of a building or structure
to support a balcony, cornice, etc.
An open structure attached to the main building intended
for the sheltering of motor vehicles and being not more than 400 square
feet in area. The carport shall have no sides, unless such sides are
the exterior walls of adjacent buildings or structures.
A story partly underground and having 1/2 or more than 1/2
of its clear height below the average grade of the adjoining ground.
A certificate issued by the Building Inspector or other designated
Construction Official of the Borough of Seaside Heights upon completion
of construction, modification or alteration of a building. Said certificate
shall acknowledge compliance with all requirements of this chapter,
such adjustments thereto granted by the Land Use Board and/or all
other applicable requirements.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses
or rectories, convents and such accessory uses. The word "church"
shall exclude, however, buildings or uses for residential, educational,
burial, recreational or other purposes not normally associated with
worship.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Land Use Board.
Any lot fronting on two or more streets.
A board or table in commercial establishments behind which
the vendor stands and upon which goods are displayed or consumed or
monetary transactions made.
An establishment holding a state-issued craft distillery
license pursuant to N.J.S.A. 33:1-10 entitling the holder, subject
to state rules and regulations, to manufacture and bottle, distribute
and sell the products authorized by such license.
[Added 4-5-2017 by Ord.
No. 17-06]
The opening along the curbline at which point vehicles may
enter or leave the roadway.
The elevation of the curb as established. The center-line
elevation of the street at the midpoint of the lot.
The permitted number of dwelling units per gross area of
land to be developed.
The mean distance between front property line and rear property
line.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to the Municipal
Land Use Law or this chapter.
An easement required for the installation of storm sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream, watercourse or other drainage facility.
A detached residential structure designed to provide living
facilities, including kitchen, for one family only.
—[Amended 12-20-2006 by Ord. No. 06-21]
[Amended 12-20-2006 by Ord. No. 06-21]
APARTMENT UNITA dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
HOTEL or MOTEL UNITA temporary dwelling unit for transient use having limited or no storage space and at least one, full bathroom.
ROOMING HOUSE UNITA dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The official action of the Land Use Board taken on a preliminarily
approved major subdivision or site plan, after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
Any vessel used, designed or occupied as a permanent dwelling
unit, business office or source of any occupation or for any private
or social club of whatsoever nature, including but not limited to
a structure constructed upon a barge primarily immobile and out of
navigation or which functions substantially as a land structure while
the same is moored or docked within the corporate limits of the Borough
of Seaside Heights, whether such vessel is self-propelled or not,
and whose volume coefficient is greater than 3,000 square feet. "Volume
coefficient" is the ratio of the habitable space of a vessel measured
in cubic feet and the draft of a vessel measured in feet of depth.
That area within the Borough of Seaside Heights covered by
any waterway within the Borough where one or more sites or locations
are rented or offered for rent, sold or offered for sale for the location
of floating homes.
An open space existing between the property line upon which
a building fronts and the front setback line and running entirely
across the lot to the two side property lines.
A building used, intended or suitable as an accessory to
a dwelling unit which provides for the storage of one or more motor
vehicles, but not exceeding three such motor vehicles, and in which
no occupation, business or service for profit is carried on.
Any garage other than a private garage, available to the
public, operated for gain and which is used for the equipping, adjusting,
storage, rental, repair, greasing, washing, polishing or other cleaning
and servicing of automobiles or other motor vehicles, including the
supplying of gasoline or oil or other fuel for vehicular propulsion.
This term shall include gasoline filling and motor vehicle service
stations, but shall not be construed to include motor vehicle showrooms
for new or used motor vehicles.
All areas of land and any structure thereon used for the
retail sale of motor fuel, lubricants and incidental services, such
as car washing and the sale, installation and repair of tires, batteries
or other automobile accessories.
The sum of the gross horizontal areas of the floor or floors
of any building which are enclosed and usable for residential purposes
or for business or commercial activities which, in the case of the
latter, includes customer facilities, showcase facilities, storage
and sales facilities. Said areas shall be measured between the inside
face of exterior walls or from the center line of walls separating
two dwelling units. Said areas shall not include areas below the average
level of the adjoining ground, garage space or accessory building
space unless such areas are improved for residential purposes.
A professional or vocational activity carried on only by
a full-time resident of the premises, conducted as an accessory use
within the resident's dwelling or in a separate structure, which is
accessory to the main building or structure, such as a garage that
is located on the same site. The home occupation shall not create
the need for off-street parking beyond normal residential needs, shall
not generate additional motor vehicle traffic and shall not require
any equipment other than that normally used in household, domestic
or general office use.
The office of a member of a recognized profession when conducted
on residential property by the full-time resident thereof. Such occupations
shall include doctors, lawyers, architects, engineers, planners, accountants,
ministers, dentists and may include other recognized and licensed
professional persons.
Any building containing any combination of temporary dwelling
units, with no more of the following percentages of such dwelling
units being used for nontransient rentals at any given time:
[Added 12-20-2006 by Ord. No. 06-21;
amended 12-17-2008 by Ord. No. 08-17]
From January 1, 2009, through December 31, 2009:
35% of the total dwelling units in the hotel or motel.
From January 1, 2010, through December 31, 2010:
30% of the total dwelling units in the hotel or motel.
From January 1, 2011, through December 31, 2011:
25% of the total dwelling units in the hotel or motel.
From January 1, 2012, forward: 20% of the total
dwelling units in the hotel or motel.
Any vessel not designed primarily for residential dwelling
units, but designed primarily for pleasure craft, recreation and for
independent navigation, whose volume coefficient is less than or equal
to 3,000 square feet, and not considered a floating home in accordance
with the definition of "floating home."
Those animals traditionally kept as pets, such as dogs or
cats, and excluding such animals traditionally kept as livestock.
A use approved by the Zoning Officer applied on a temporary
basis as prescribed while permanent plans for the area are formulated
or implemented.
[Added 3-1-2023 by Ord. No. 2023-03]
The designated land use board of the Borough of Seaside Heights,
known as the “Land Use Board,” and referred to within
this chapter as the “Board.” Any and all references within
this chapter to the Planning Board shall be revised and deemed to
be references to the Board.
[Added 12-17-2008 by Ord. No. 08-17]
Any area and/or structure used or intended to be used for
the conducting and operation of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
The provision of lawns, trees, plants, stone and other natural
and decorative features in order to improve the visual and climatic
condition of the land.
An establishment holding a state-issued limited brewery license
pursuant to N.J.S.A. 33:1-10 entitling the holder, subject to state
rules and regulations, to manufacture and bottle, distribute and sell
the products authorized by such license.
[Added 4-5-2017 by Ord.
No. 17-06]
A designated parcel, tract or area of land established by
plat or otherwise, as permitted by law and to be used, developed or
built upon as a unit.
The total horizontal area of land which is determined by
the limits of the lot lines bounding that area and expressed in terms
of square feet or acres. Any portion of a lot included in a street
right-of-way shall not be included in calculating lot area.
A parcel of land at the intersection of and fronting on two
or more intersecting streets.
The percentage of the lot area occupied by the ground area
of principal and accessory buildings, structures, driveways and parking
areas.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lines of the
lot.
Any boundary line of a lot.
The horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
Any subdivision not classified as a minor subdivision.
A dock or base, operated for profit or to which public patronage
is invited, providing moorings or marine services primarily for power
yachts, launches or other watercraft other than floating homes, and
which is also capable of removing any and all crafts moored within
the marina, out of water for repair or as a result of emergent conditions.
A subdivision of land that does not involve the creation
of more than three lots, a planned development, any new street, or
the extension of any off-tract improvements.
[Added 4-5-2023 by Ord. No. 2023-06]
A lot the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of the zoning ordinance
and schedules, but which, by reason of such adoption, revision or
amendment, fails to conform to the present requirements of the zone
in which the lot is located.
A structure or building the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of the
zoning ordinance and schedules, but which fails, by reason of such
adoption, revision or amendment, to conform to the present requirements
of the zone in which the building or structure is located.
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning ordinance and schedules, but which
fails, by reason of such adoption, revision or amendment, to conform
to the present requirements of the zone in which it is located by
reason of such adoption, revision or amendment.
A roofed piazza or porch which projects beyond a main wall
of a building or structure.
A paved open area other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free or as an accommodation of clients or customers.[1]
The conferral of certain rights specified herein prior to
final approval after elements of the preliminary plan have been reviewed
and approved.
Any garage available to the public and conducted or operated
for gain.
An open space situated between the rear property line and
the rear setback line and running entirely across the lot to the two
side property lines.
The total number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open space
are provided.
An establishment regularly and principally used for the purpose
of providing meals to restaurant patrons that are seated at tables
and chairs in a dining room, having a full-service kitchen adequately
equipped for the preparation, cooking and serving of food and shall
have, at minimum, a dishwasher, range, sink, oven, refrigerator and
countertop. The restaurant shall offer to customers a standard printed
menu or menu board system or similar signage featuring a list of meals
and food items with separate prices listed adjacent to each meal item,
or a price for a full course meal.
[Amended 5-19-2021 by Ord. No. 2021-14]
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or which is occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary storm sewer and other
similar uses and which grants the right of one to pass over the property
of another.
Any combination of rooming house units in a building in which
all units may be used for nontransient rentals at any given time.
[Added 12-20-2006 by Ord. No. 06-21]
A method of visually shielding or obscuring one structure
or use from another structure or use by using walls, berms or densely
planted vegetation which acts as a visual barrier and a muffler of
noise.
The line beyond which a building or structure shall not extend
unless otherwise provided for in this chapter.
Any sign, billboard, ground sign, wall sign, roof sign, sign
painted on the exterior of a building or structure, illuminated sign,
projecting sign, temporary sign, flag, pennant or badge, which includes
a visual communication of any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person, firm or corporation when the same is placed
out of doors in view of the general public. This shall not include
official court or public notices, the flag or an emblem or insignia
of a government, a school or a religious group when displayed for
official purposes, or any public traffic or directional signs.
The area included within the edges of the sign or within
the outer edges of any frame attached thereto, whichever is greater.
Where the sign has no clearly defined frame or edge, the "sign area"
or "area of a sign" shall be defined by and in terms of four sides
(straight sides) which most closely outline such sign or frame.
Any sign which indicates on-site traffic flow or access which
carries no advertising message.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it. A split-level story shall be considered a story if
its floor level is six feet or more above the level of the line of
the finished floor next below it, except a cellar. A half story is
defined as the uppermost story of a building in which a sloping roof
replaces the upper part of the wall.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this act, or
which is shown on a plat duly filed and recorded in the office of
the County Recording Officer prior to the appointment of a Land Use
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, including among other things buildings, stadia,
reviewing stands, platforms, stagings, observation towers, radio towers,
tanks, trestles, open sheds, shelters, fences over six feet in height
and display signs.
[Amended 6-7-2000 by Ord. No. 2000-11]
A rental for 90 days or less to a tenant having a permanent
residence elsewhere.
[Added 12-20-2006 by Ord. No. 06-21]
Any purpose or activity for which land, a building or other
structure is designed, arranged or intended or for which it is or
may be occupied or maintained.
The officially established Zoning Officer of the Borough
of Seaside Heights.
[1]
Editor's Note: The former deginition of “Planning
Board,” which immediately followed, was repealed 12-17-2008
by Ord. No. 08-17. This ordinance also provided that all references
to the Borough's Planning Board, in this chapter and throughout the
Code, be replaced with references to the Borough's Land Use Board.
See also definition of “Joint Land Use Board.”
The Land Use Board shall adopt and may amend
reasonable rules and regulations for its administrative functions
and shall furnish a copy thereof to any person upon request. A reasonable
fee may be charged.
[Amended 12-20-2006 by Ord. No. 06-21]
A.
Fees shall be as follows:
(1)
The following application fee must accompany the application
when filed with the Land Use Board Secretary:
(a)
Applications concerning residential properties
containing one or two dwelling units: $100.
(b)
Applications concerning residential properties
containing from three to five dwelling units: $250.
(c)
Applications concerning business or commercial
properties or residential properties containing six or more dwelling
units: $500.
(2)
Special meetings held on a nonscheduled meeting night
requested by and/or charged to applicant: $750.
(3)
Certified list of owners within two-hundred-foot radius:
$10.
(4)
Preparation of transcripts: actual cost of transcript,
plus statutorily permitted copying fee per page.
(5)
Administrative change to previously approved site
plan by letter request: $125.
(6)
Letter request determined to be ineligible for administrative
change: $50.
B.
Escrows. Each applicant shall submit, prior to any
application being deemed complete, certain amounts to be held in escrow
according to Schedule B attached hereto and incorporated herein.
The following are exempt from payment of the
initial review fee:
A.
The Board shall fix the time and place for holding
regular meetings.
B.
Regular meetings shall be held once a month unless
canceled for lack of applications.
C.
Special meetings may be called for by the Chairman
or at the request of any two members of the Board, which special meeting
shall be held on notice to its members and the public in accordance
with all statutory legal requirements.
D.
No action shall be taken at any meeting without a
quorum being present (that is a majority of the full authorized membership
of the Board having power to act).
E.
All action shall be taken by a majority vote of the
members present, unless required otherwise by any provision of the
Municipal Land Use Law.
F.
All regular and special meetings shall be open to
the public. An executive session for the purpose of discussion and
study shall not be deemed a regular or special meeting.
G.
Minutes shall be kept of every regular and special
meeting and shall be made available for public inspection or used
as evidence in a legal proceeding. A reasonable fee for a copy of
the minutes may be charged.
Hearings shall be held by the Land Use Board
for all development applications. Notice of such hearing in accordance
with the public notice requirements listed below shall be provided
for by the applicant/developer/subdivider for all applications.
A.
Public notice shall be given pursuant to N.J.S.A.
40:55D-12. At least 10 days prior to the date of the hearing, a notice
of hearing shall be given stating the date, time and place of the
hearing and nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which maps and exhibits for which approval is sought
are available for inspection.
(1)
Such notice shall be given as follows:
(a)
By publication in the official newspaper of
the Borough of Seaside Heights.
(b)
To all owners of real property as shown on the
current tax duplicate located within 200 feet in all directions of
the property which is the subject of the hearing, which notice shall
be given by serving a copy thereof on the owner, as shown on the current
tax duplicate, or his agent in charge of the property, or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. It is not required that a
return receipt be obtained. Notice is deemed complete upon mailing
(N.J.S.A. 40:55D-14).
(c)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, the vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas. Where notice is required to be given to owners of all real
property as shown on the current tax duplicate and within 200 feet
of the subject property, this requirement shall be deemed satisfied
by notice to the condominium association in the case of any unit owner
whose unit has a unit above or below it.
(d)
To the Clerk of any adjoining municipality or
municipalities and to the County Planning Board when the property
involved is located within 200 feet of said adjoining municipality
or municipalities, which notice shall be given by personal service
or certified mail.
(e)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road shown on the Official County Map or a County Master
Plan or adjoining other county land.
(f)
To the Commissioner of Transportation of the
State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and
Regional Planning in the Department of Community Affairs when the
hearing involves an application for development of property which
exceeds 150 acres or 500 dwelling units, in which case the notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
(2)
Upon written request from the applicant, the Land
Use Board Secretary shall obtain from the Municipal Tax Assessor and
provide to the applicant a certified list from the current tax duplicate
of the names and addresses of owners within 200 feet of the subject
property to whom the applicant is required to give notice for a fee
of $10.
B.
Each decision on an application for development shall
be reduced to writing as provided in this subsection and shall include
findings of fact and conclusions based thereon.
(1)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(2)
The board may provide such written decision and findings
and conclusions either on the date of the meeting at which it takes
action to grant or deny approval or, if the meeting at which such
action is taken occurs within the final 45 days of the applicable
time period for rendering a decision on the application for development,
within 45 days of such meeting by the adoption of a resolution of
memorialization setting forth the decision and the findings and conclusions
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding that the time at which such action occurs is within
the applicable time period for rendering a decision on the application.
(3)
The adoption of a resolution of memorialization shall
not be construed to alter the applicable time period for rendering
a decision on the application for development. Such resolution shall
be adopted by a vote of a majority of the members who voted for the
action previously taken, and no other member shall vote thereon. The
vote of such resolution shall be deemed to be a memorialization of
an action of the Board and not to be an action of the Board, except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
(4)
Whenever a resolution of memorialization is adopted,
the date of such adoption shall constitute the date of the decision
for purposes of the required mailings, filings and publications.
(5)
A copy of the decision shall be mailed within 10 days
of the date of the decision to the applicant or, if represented, then
to his attorney without separate charge and to all who request a copy
of the decision for a reasonable fee. A copy of the decision shall
also be filed in the office of the Municipal Clerk. The Municipal
Clerk shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
reasonable hours.
(6)
A brief notice of the decision shall be published
in the official newspaper of the Borough of Seaside Heights by the
Secretary of the Land Use Board, and the cost is to be paid by the
applicant. The period of time in which an appeal of the decision may
be made shall run from the first publication of the decision.
C.
Conduct of hearings.
(1)
The Land Use Board shall make and adopt rules governing
such hearings. The subject maps and documents shall be available for
public inspection at least 10 days before the date of the hearing.
(2)
The officer presiding at the hearing shall have power
to administer oaths and issue subpoenas.
(3)
The testimony of all witnesses shall be taken under
oath or affirmation, and the right of cross-examination shall be permitted
to all interested parties, subject to the discretion of the presiding
officer as to reasonable limitations of time and number of witnesses.
(4)
Technical rules of evidence shall not apply, but the
Board may exclude irrelevant, immaterial and unduly repetitious evidence.
(5)
A verbatim recording of the proceedings shall be provided
either by stenographer or by mechanical or electronic means. Transcripts
or duplicate recordings shall be provided on request to any interested
party at his expense. Said transcript shall be certified in writing.
At the request of the developer, the Land Use
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. Any fees for such an informal review shall be a credit
toward fees for review of the application for development. Neither
the Land Use Board nor the developer shall be bound by such review.
A member who was absent from one or more meetings
at which a hearing was held shall be eligible to vote, provided that
such member has read the transcript or listened to the recording and
so certifies in writing.
A.
An application shall be deemed complete when so certified
by the Board, for the purpose of commencing the applicable time period
for action.
B.
If the Board does not certify the application to be
complete within 45 days of the date of its submission, the application
shall be deemed complete unless:
C.
The applicant may request a waiver of one or more
submission requirements. Such request shall be granted or denied within
45 days.
D.
The applicant shall prove he is entitled to approval
of the application.
E.
The Board may require the correction of information
and the submission of additional information not specified herein
or revisions which are reasonably needed to make an informed decision
as to whether the requirements necessary for approval of the application
have been met.
A.
The applicant shall provide notice of the default
to all entitled to notice on the application for development by personal
service or certified mail.
B.
The applicant shall arrange publication of the notice
of default in the official Borough newspaper.
C.
The applicant shall file proof of service and publication
as provided by law.
The Land Use Board shall give, at least 10 days
prior to the date of a hearing:
A.
Public notice of the adoption, revision or amendment
of the Master Plan.
B.
Notice by personal service or certified mail to the
Clerk of an adjoining municipality when property within 200 feet of
such municipality is involved.
C.
Notice by personal service or certified mail to the
County Planning Board, including a copy of proposals to be heard.
Notice shall also be sent to the county within 30 days of the adoption
of proposals, including a copy as adopted.
Any notice made by certified mail pursuant to
the provisions contained herein shall be deemed to be complete upon
mailing.
A.
Development regulations, except for the Official Map,
shall not take effect until a copy is filed with the County Planning
Board.
B.
A zoning ordinance, or amendment or revision, which
is inconsistent with the land use element of the Master Plan shall
not take effect until a copy of the required resolution has been filed
with the County Planning Board.
C.
The Official Map shall not take effect until it is
filed with the County Recorder.
D.
All copies of development regulations, reviews or
amendments shall be filed and maintained by the Borough Clerk.
The governing body of the Borough of Seaside
Heights shall enforce the provisions of this chapter and the New Jersey
Municipal Land Use Law on which it is based. In the event of any violations
of this chapter and the Land Use Law, the proper local authorities
or any interested parties, in addition to other remedies, may institute
any appropriate action or proceedings to prevent unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, or to restrain, correct or abate such violation, to prevent
the occupancy of said unlawful construction or land use, or to prevent
any illegal act, conduct, business or use in or about such premises.
Any power authorized herein to be exercised
by the Land Use Board shall not be exercised by any other body except
as may be otherwise provided under the New Jersey Municipal Land Use
Law.
If, during the period of approval, the developer
is barred or prevented from proceeding by a legal action or order
and the developer is otherwise ready to proceed with the development,
the running of the period of approval shall be suspended for the time
said legal action is pending or such court order is in effect.
A.
Approved application pending legal action. The Land
Use Board shall process the application and grant approval, if it
complies with the provisions of this chapter, conditioned on the removal
of such legal barrier to development.
B.
Approved application requiring other agency approval.
The Land Use Board shall condition its approval upon the subsequent
approval of such other governmental agency, provided that the other
agency acts within the time and under the specifics of this chapter
and/or applicable New Jersey statutes.
