[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton as indicated in article histories. Amendments
noted where applicable.]
[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.
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.
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.
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.
(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.
C.
Conditional use applications: $300.
D.
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]
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.
(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.
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.
