[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Landmarks preservation — See Ch. 187.
Site plan review — See Ch. 220.
Subdivision of land — See Ch. 231.
Zoning — See Ch. 255.
[Adopted 7-19-1976 by Ord. No. 3-1976[1]]
[1]
Editor's Note: This ordinance stated that it would take effect on 8-1-1976.
[Amended 4-20-1981 by Ord. No. 3-1981; 4-7-2003 by Ord. No. 2-2003; 12-7-2009 by Ord. No. 13-2009]
A. 
There is hereby established, pursuant to P.L. 1975, c. 291,[1] in the Borough of Tuckerton a Planning Board of nine members, consisting of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor.
(3) 
Class III: a member of the governing body, to be appointed by it.
(4) 
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Alternate members.
(1) 
In addition, there shall be two alternate members to the Planning Board. Said alternates shall be appointed by the appointing authority for Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." 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 one alternate member shall expire in any one year; provided, however, that 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 appointing authority for the unexpired term only.
(2) 
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
(3) 
Alternate members may participate in discussions of the proceedings 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.
A. 
The term of the member composing Class I shall correspond with his 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.
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 distributed evenly 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise hereinabove provided.
C. 
All terms shall run from January 1 of the year in which the appointment is made.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided above for the unexpired term.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either 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 appoint, 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.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the powers and duties to:
A. 
Make and adopt and from time to time amend a Master Plan for the physical development of the Borough of Tuckerton, including any areas outside its boundaries, which, in the Board's judgment, bear an essential relation to the planning of the Borough of Tuckerton in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
Administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance[1] of the Borough of Tuckerton in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: See Ch. 231, Subdivision of Land, and Ch. 220, Site Plan Review, respectively.
C. 
Participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
Assemble data on a continuing basis as part of a continuous planning process.
E. 
Consider and make reports 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-26a and also pass upon other matters specifically referred to the Planning Board by the governing body of the Borough of Tuckerton, pursuant to the provisions of N.J.S.A. 40:55D-26b.
F. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant the following to the same extent and subject to the same restrictions as the Zoning Board of Adjustment. 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 issuance of a permit, as the case may be.
(1) 
Variances, pursuant to Subsection 57c of P.L. 1975, c. 291,[2] from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.
[2]
Editor's Note: See N.J.S.A. 40:55D-70c.
(2) 
Direction, pursuant to Section 25 of said Act,[3] for 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 Section 23 of said Act.[4]
[3]
Editor's Note: See N.J.S.A. 40:55D-34.
[4]
Editor's Note: See N.J.S.A. 40:55D-32.
(3) 
Direction, pursuant to Section 27 of said Act,[5] for issuance of a permit for a building or structure not related to a street.
[5]
Editor's Note: See N.J.S.A. 40:55D-36.
G. 
Perform such other advisory duties as are assigned to it by ordinance of the governing body for the aid and assistance of the governing body or other agencies or office.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board 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[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a compete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission 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 for the subdivision.
C. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 45-7F of this article, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application 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 from the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. 
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. 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 recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
E. 
Complete application. "Complete application" within the meaning of this chapter means an application form completed as specified by the ordinances of the municipality and the rules and regulations of the respective municipal agency, be it the Planning Board or Zoning Board of the Borough of Tuckerton, and all accompanying documents required by ordinance for approval of the application for development, including or applicable but not limited to a site plan or subdivision plat; provided, however, that the municipal agency involved may require such additional information not specified in said ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the subject municipal agency. An application shall be certified in the ordinances of this Borough as well as in the rules and regulations of the subject municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the subject municipal agency.
[Added 4-21-1980 by Ord. No. 3-1980]
F. 
The administrative officer, for the purpose of determining whether an application is complete, shall be the Borough Engineer for the Borough of Tuckerton.
[Added 4-21-1980 by Ord. No. 3-1980]
A. 
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291,[1] shall be filed with the Secretary of the Planning Board. Applicants shall file, at least 14 days before the date of the monthly meeting of the Board, nine copies of a sketch plat, nine copies of an application for minor subdivision approval, nine copies of an application for major subdivision approval or nine copies of an application for site plan review or conditional use approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plat plans, maps or other papers required by virtue of any provision of this article or any rule of the Planning Board.
C. 
The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
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.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this article. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to Board members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by a majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[2] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the finding, if any, made by it and the reasons therefor. The minutes thereafter shall be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[Amended 4-21-1980 by Ord. No. 3-1980; 10-19-1987 by Ord. No. 13-1987; 8-1-1988 by Ord. No. 9-1988; 11-18-1996 by Ord. No. 8-1996; 10-16-2000 by Ord. No. 13-2000]
The applicant shall, at the time of filing an application, pay the following nonrefundable fees to the Borough of Tuckerton. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivision, site plan and/or variance shall pay a fee equal to the sum of the fee for each element.
A. 
Site plan.
(1) 
Residential.
(a) 
Preliminary: $25 per unit from one to 50 units, plus $20 per unit from 51 to 150 units, plus $15 per unit from 151 units on. Minimum fee shall be $200.
(b) 
Final: 50% of preliminary fee.
(2) 
Other than residential.
(a) 
Preliminary:
[1] 
The greater of:
[a] 
One hundred dollars per acre for each acre being developed.
[b] 
Fifteen dollars for each parking space up to 500 and $10 for each space above 500.
[c] 
Three cents per square foot of building area up to 5,000 square feet, plus $0.02 per square foot from 5,001 to 25,000 square feet, plus $0.01 per square foot above 25,000 square feet.
[2] 
The minimum fee shall be $200.
(b) 
Final: 50% of preliminary fee.
(3) 
Extensions of site plan approval: pursuant to N.J.S.A. 40:55D-49 and 40:55D-52, shall be 50% of the original application fee for the stage of application (preliminary or final).
B. 
Subdivisions.
(1) 
Minor subdivisions: $50 per lot, not less than $100.
(2) 
Major subdivisions.
(a) 
Preliminary: $200, plus $25 per lot for one through 25 lots, plus $20 per lot for 26 through 100 lots, plus $15 per lot for 100 through 200 lots, plus $10 per lot for 201 lots on.
(b) 
Final: $200, plus $10 per lot.
(3) 
Extension of subdivision of approval: 50% of the original application fee.
C. 
Conditional use applications: $300.
D. 
Variances.
(1) 
Appeals.
(a) 
Single- or two-family uses: $300.
(b) 
Multifamily uses: $300.
(2) 
Interpretation of Zoning Map or Ordinance: $175.[1]
[1]
Editor's Note: See Ch. 255, Zoning.
(3) 
Hardship or bulk variance.
(a) 
Single- or two-family uses: $20 per variance with a minimum of $50.
(b) 
Other: $50 per variance with a minimum of $100.
(4) 
Use variance.
(a) 
Single- or two-family uses: $50.
(b) 
Other residential: $50 per unit with a minimum of $200.
(c) 
Other than residential: $250 per acre with a minimum of $250.
(5) 
Building permit in conflict with Official Map or building permit for lot not related to a street: $100.
(6) 
Exception to design and performance standards: $250.
E. 
Special meetings of Boards.
(1) 
Upon request of the applicant, the Planning Board or Zoning Board of Adjustment may call for a special meeting to conduct a public hearing or otherwise consider an application for development, provided that, in such event, the applicant shall pay a fee of $1,000 to the Borough of Tuckerton to defray the costs associated with attendance of the Planning Board or Zoning Board of Adjustment staff.
(2) 
The applicant may request special meetings with the staff of the reviewing agency to review an application, subject however, to the availability of staff and scheduling of such meetings through the office of the Board Secretary, provided that the applicant shall pay a fee of $250 to defray the cost of the consultants and staff.
F. 
Geographic Information System (GIS) Services. In addition to the application fees as set forth hereinbefore, Geographic Information System (GIS) service fees in the amounts specified herein shall be required relative to the following applications:
[Added 5-2-2005 by Ord. No. 2-2005]
(1) 
Site plan: $50.
(2) 
Subdivision: $50.
(3) 
Hardship or bulk variance: $10.
(4) 
Use variance: $10.
G. 
Appeals from decision of Zoning Officer or his/her designee: $100.
[Added 8-21-2006 by Ord. No. 18-2006]
[Added 10-16-2000 by Ord. No. 13-2000]
A. 
General.
(1) 
In addition to the submission of application filing fees (which are charged to cover general Borough administrative costs) as set forth hereinbefore, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this section.
(2) 
Said escrow funds shall be utilized to cover the municipal costs of professional services incurred during the development review process. Professional fees and salaries incurred in connection with review of plans, consultation, site inspections, written report and resolution preparation, meeting attendance, general preparation, research, testimony and other work performed by the Board Planner, Board Attorney, Municipal Engineer or other professional consulting services as may be required due to the nature of the application shall be paid from escrow funds. Escrow fees established pursuant to this section shall not be utilized to pay inspection costs required during the construction process.
(3) 
Escrow fund agreement. As part of the required application submission, the applicant shall also be required to submit an escrow fund agreement in the form approved by the Planning Board, for the purpose of securing assurance that all professional fees of the Planning Board incurred in connection with an application are to be paid by the applicant. Said escrow fund agreement shall provide that, in addition to any other remedy, any and all outstanding fees shall be a collectible as a lien upon the real estate to which the application applies.
[Added 12-19-2011 by Ord. No. 16-2011]
B. 
Escrow amounts. Escrow funds in the amounts specified herein shall be required relative to the following applications:
[Amended 8-21-2006 by Ord. No. 18-2006; 2-3-2020 by Ord. No. 2-2020]
(1) 
Sketch plat for major subdivision, minor subdivision, preliminary major subdivision approval and preliminary site approval for residential use.
Lots or Units
Escrow Funds
1 to 3
$2,000
4 to 10
$3,000
11 to 25
$4,000
26 to 50
$7,500
51 to 100
$10,000
In excess of 100
$20,000
(2) 
Final major subdivision approval and final site plan approval for residential use.
Lots or Units
Escrow Funds
1 to 3
$1,500
4 to 10
$2,000
11 to 25
$2,500
26 to 50
$3,000
51 to 100
$10,000
(3) 
Nonresidential preliminary site plan approval inclusive of minor site plan.
Square Feet of Building Area
Escrow Funds
Less than 10,000
$5,000
10,001 to 50,000
$15,000
50,001 to 100,000
$20,000
In excess of 100,000
$25,000
(4) 
Nonresidential final site plan approval: 1/3 of the original escrow fee paid at the time of preliminary plan applications.
(5) 
Other.
(a) 
Appeals from decision of Zoning Officer or his/her designee: $750.
(b) 
Conditional use: $1,000.
(c) 
Interpretation of Zoning Code Map: $500.
(d) 
Hardship variance: $1,500.
(e) 
Exception to design standards and performance standards: $1,000.
(6) 
Any application involving more than one of the above categories shall deposit cumulative amounts.
(7) 
Use variance and density variance: $2,500.
(8) 
Bulk variance(s): $1,500.
(9) 
Informal review of conceptual plans (if application made within one year, this fee applied as a credit to escrow fees): $750.
(10) 
Requests for administrative approval of changes: $250.
(11) 
Requests for extensions of time to commence development or file subdivision maps: $750.
C. 
Procedural requirements.
(1) 
All escrow funds provided herein shall be deposited with the Borough by the applicant prior to appearing before the Planning Board or Zoning Board of Adjustment. No meeting or hearing with the applicant shall be held by said Boards or Committees until all escrow funds and required fees have been deposited in accordance with this chapter. All sums must be in the form of personal or business check, certified check or money order. All deposits of escrow funds shall be made by the Chief Financial Officer of the Borough.
(2) 
The above fees are promulgated on the basis of the applicant submitting completed applications and plans in conformance with the applicable ordinances. These fees are based upon an initial review by the professional, together with one subsequent review, to verify the applicant's response to various items listed in the professional's reports. Any further submissions required on behalf of the applicant shall be deemed resubmissions, and the applicant will be required to sign a consent form agreeing to pay any additional costs involved with the review of this application over and above the fees previously submitted with the original application. The Board may require the posting of additional escrow deposits for this purpose.
(3) 
Additional escrow funds may be required when the escrow has been depleted to 20% of the original escrow amount. The Borough shall notify the appropriate Board when escrow funds have been so depleted. Professionals being paid from escrow funds shall notify the Board or other review committee as to additional costs anticipated or incurred. The Board or other review committee shall not take any further action on the application until adequate additional fees have been deposited by the applicant with the Borough. Adequate additional fees shall be an amount estimated to be required to complete all remaining professional review, but shall not be in excess of the amounts set forth to be originally deposited.
(4) 
Escrow deposits shall be placed in an interest-bearing account, and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1 and N.J.S.A. 40:55D-53.2.
(5) 
The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq.
(6) 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant, and the municipal agency for whom said services were performed.
(7) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(8) 
No plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the governing body, unless the applicant shall have deposited with the Chief Financial Officer an amount agreed upon by the applicant and the municipal agency which is likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the Chief Financial Officer, the appropriate maps or permits may be signed and released or issued to the applicant. If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the applicant shall be entitled to a return of the excess deposit, together with such interest as allowed by the Municipal Land Use Law[1]; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the applicant shall be liable for payment of such deficiency.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(9) 
The Borough shall provide the applicant with an accounting of escrow funds within 90 days after the appropriate Board has taken action on the application.
(10) 
All sums not actually expended shall be refunded to the applicant within 90 days after the appropriate Board has taken action on the application and the applicant has complied with all conditions of their approval.
(11) 
No resolution approving any development application which is subject hereto shall be passed by either the Planning Board or Zoning Board of Adjustment until all fees and escrow sums required hereunder have been paid in full.
[Added 9-6-2011 by Ord. No. 12-2011]
A. 
Failure to maintain sufficient escrow account. Any applicant for development before the Tuckerton Land Use Board who is required to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so, shall be considered to have violated the terms and conditions of Borough Code § 45-16. A certification from the Borough Chief Financial Officer or other Borough or Board official that an applicant or its representative was provided notice by way of regular mail and certified mail, return receipt requested, that the escrow account was deficient, and 30 days have elapsed since said notice was sent, and the escrow account has not been replenished during that time period, shall constitute prima facie evidence that the applicant has violated the terms of Borough Code § 45-16.
B. 
Liability. The applicant for development, the property owner and the property itself shall all be jointly and severally liable to the Borough, the Board and its professionals for the payment of all professional fees associated with the application, and any unpaid professional fees shall constitute a lien upon the subject property until paid in full.
C. 
Penalties. Any person or entity who violated the terms and conditions of Borough Code § 45-16 regarding fees, escrows and professional fees shall be subject to a fine of not less than $250 and not more than $1,000 for each such violation. Each separate day that a violation continues, meaning each separate day that the escrow account remains deficient and/or the Land Use Board professionals remain unpaid, shall constitute a separate and distinct violation.
A. 
Rules. The Planning Board may make rules governing the conduct of hearings before said body, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this article.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his expense.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or on 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 the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. 
Notice of all hearings on applications for development located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of land in such adjoining municipalities which are located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road, as shown on the official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development on property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the day set for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices to be given pursuant to the terms of this article shall state the date, time and place of the hearing, the 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 any maps and documents for which approval is sought are available as required by law.
J. 
Provided, however, that in accordance with the provisions of N.J.S.A. 40:55D-12a, no notice is required for a hearing on an application for conventional site plan review, minor subdivisions or final approval of site plans and major subdivisions.
[Added 5-4-1981 by Ord. No. 6-1981]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Tuckerton shall, within seven days after receipt of a request therefor and upon receipt of a payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 45-18B of this article.
A. 
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon. 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. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes 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 findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application. The adoption of a resolution of memorialization pursuant to this subsection shall 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 of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, 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. Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, findings and publications required by Subsection B and § 45-21 of this chapter.
[Amended 4-21-1980 by Ord. No. 3-1980]
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
[Amended 4-21-1980 by Ord. No. 3-1980; 6-15-2015 by Ord. No. 8-2015]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant and at the applicant's cost. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision, and proof of publication shall be provided by the applicant to the Secretary of the Land Use Board within 14 days of publication.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that the taxes or assessments are delinquent on said property, any approvals or other relief granted by said Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
An appeal from any final decision of the Planning Board may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
Whenever a term is used in this article which is defined in P.L. 1975, c.291,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
All sections of the Land Subdivision Ordinance (Ord. No. 8-1973) and of the Zoning Ordinance (Ord. No. 4-1973)[1], which includes site plan review, and the ordinance creating a Planning Board in the Borough of Tuckerton, adopted on April 18, 1960, and any and all amendments to said ordinances or any other ordinance of the Borough of Tuckerton which contain provisions contrary to the provisions of this article shall be and are hereby repealed to the extent of such inconsistency.
[1]
Editor's Note: See Ch. 231, Subdivision of Land, and Ch. 255, Zoning, respectively.
Pursuant to the provisions of Section 81 of P.L. 1975, c.291, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and site plan review provisions of the Borough of Tuckerton and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said Act or until the governing body of the Borough of Tuckerton exercises the authority delegated by said Act to regulate development, whichever occurs first.
All applications for development filed prior to the effective date of this article may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of § 45-23 of this article.
[Amended 4-7-2003 by Ord. No. 2-2003; 12-7-2009 by Ord. No. 13-2009]
In addition to its Planning Board powers, the Planning Board shall exercise to the same extent and subject to the same restrictions all the powers of the Board of Adjustment pursuant to N.J.S.A. 40:55D-70 et seq., 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-70(d). The Planning Board, its members, officers and employees, may also be referred to with the term "Land Use Board."
Immediately upon adoption of this article, the Municipal Clerk shall file a copy of this article with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.[1]
[1]
Editor's Note: The former article which immediately followed this article, regarding the Zoning Board of Adjustment, adopted 1-27-1977 by Ord. No. 1-1977, was repealed 4-7-2003 by Ord. No. 2-2003. Former Art. II, Landmarks Preservation, adopted 11-2-2015 by Ord. No. 15-2015, which also followed this article, was repealed 8-20-2018 by Ord. No. 5-2018.