[Added 2-8-2024 by Ord. No. 2024-03]
A. Establishment; members; terms; meetings; reports.
(1)
Establishment. The Historic Preservation Commission, referred
to in this chapter as the "Commission," is established consistent
with the Municipal Land Use Law; namely, at N.J.S.A. 40:55D-107 et
seq.
(2)
Members. The Commission shall consist of seven regular members
and two alternate members, all of whom shall be appointed by the Mayor.
Members shall serve without compensation. At the time of appointment,
at least one member shall be designated from each of the following
classes:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
(b)
Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
(c)
Class C: citizens of the municipality who shall hold no other
municipal office, position, or employment except for membership on
the Planning Board. Class C members should have, at minimum, a demonstrated
interest in history, historic preservation, or a related field.
(d)
Alternate members shall meet the qualifications of Class C members.
At the time of appointment, alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2."
(e)
Of the seven regular members, at least one less than a majority
shall be of Classes A and B.
(3)
Terms. Members of the Commission first appointed under this
section during 2024 shall have their terms staggered such that two
members shall be appointed to a one-year term, two members shall be
appointed to a two-year term, two members shall be appointed to a
three-year term, and one member shall be appointed to a four-year
term. Alternate No. 1 shall be appointed to a two-year term, and Alternate
No. 2 shall be appointed to a one-year term. The first year of the
terms of all initial appointments under this section shall expire
on December 31, 2024. Thereafter, the term of a regular member subsequently
appointed shall be four years and the term of an alternate member
shall be two years. Notwithstanding any other provision herein, the
term of any member common to the Commission and the Planning Board
shall be for the term of membership on the Planning Board.
(4)
Vacancies. A vacancy occurring other than by expiration of term
shall be filled for the unexpired term only.
(5)
Officers. Annually, the Commission shall elect a Chair and Vice
Chair from its members and select a recording secretary, who may or
may not be a member of the Commission or a municipal employee.
(6)
Meetings. The Commission shall establish and post in Borough
Hall a regular schedule of meetings with a minimum of one meeting
per month. Regular meetings shall be held as scheduled unless cancelled
for lack of applications or work to process. Additional special meetings
may be called by the Chair or Vice Chair, or on the request of any
two of its members, when the regular meetings are inadequate to meet
the needs of its business, to handle emergencies or to meet time constraints
imposed by law.
(7)
Alternate member participation. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
If a choice must be made as to which alternate member is to vote,
Alternate No. 1 shall vote.
(8)
Council liaison. The Red Bank Borough Council shall designate
a Council member to act as a liaison between the Commission and the
Council.
(9)
Quorum/voting. Four members shall constitute a quorum. A majority
vote of those present and voting shall govern and shall be sufficient
to approve a permit recommendation on behalf of the Commission. Nonmember
liaisons shall not be entitled to vote. A staff member of the Department
of Planning and Zoning may attend meetings of the Commission and may
participate in a nonvoting capacity.
(10)
Reports. The Commission shall prepare an annual report for the
Borough Council, detailing all Commission activities, which shall
be available to the public.
B. Scope and purpose.
(1)
The Commission shall report to the Planning Board and the Zoning
Board of Adjustment on development applications for properties in
historic districts, designated historic sites, and properties identified
in the historic preservation element of the Master Plan.
(2)
The Commission shall review permits for exterior improvements
for buildings and structures in a historic district or designated
as a historic site and report to the Planning Board regarding the
historic preservation aspects of the requested permit that are not
approved by an application for development.
(3)
The purpose of the Commission is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners
in achieving preservation of historic resources and to advance the
following public purposes:
(a)
To preserve and protect historic resources; and
(b)
To maintain and develop an appropriate and harmonious setting
for the historically and architecturally significant historic resources
in the Borough.
C. Powers and responsibilities. The Commission shall have the following
duties and responsibilities:
(1)
To identify, record and maintain a survey of buildings, structures,
sites, objects, improvements, and districts of historical significance
within the Borough.
(2)
To carry out such other advisory, educational, and informational
functions to promote historic preservation.
(3)
To recommend to the Planning Board and Borough Council historic
resources for inclusion in the New Jersey and National Registers of
Historic Places and for local designation.
(4)
To make recommendations to the Planning Board regarding the
historic preservation element of the Master Plan and on the implications
for preservation of historic landmarks and historic districts of any
other Master Plan elements.
(5)
To make recommendations to the Planning Board and Borough Council
on the historic preservation implications of any proposed or adopted
development ordinances.
(6)
To draft and recommend to the Planning Board and Borough Council
ordinances or amendments to existing ordinances that would resolve
any conflicts that may exist between the design standards of this
article and the development regulations of the Borough.
(7)
To advise and assist Borough officers, employees, boards, and
other bodies, including those at the county, state, and federal levels,
on matters that have potential impacts on the historic resources in
the Borough.
(8)
To advise the Planning Board and the Zoning Board on applications
for development pursuant to N.J.S.A. 40:55D-110.
(9)
To report to the Planning Board regarding permits.
(10)
To advise the Planning Board and Borough Council on the relative
merits of proposals involving the use of public funds for historic
resources and to secure grants and assistance to support and monitor
such projects.
(11)
To provide guidelines for rehabilitation and design criteria
to owners of historic properties and for new construction established
under this chapter.
(12)
To seek any benefits that may be available under the National
Historic Preservation Act or any other state, county, or federal legislation,
including, but not limited to, the benefits that flow to communities
under the certified local government program for training, grant funding,
and technical assistance.
D. Budget/finances.
(1)
Budget. The Borough Council shall make provision in its budget
and appropriate funds for the expenses of the Commission. The Commission
may employ, contract for, and fix the compensation of experts and
other staff and services as it shall deem necessary. The Commission
shall obtain its legal counsel from the municipal attorney at the
rate of compensation determined by Borough Council, unless Council
by appropriation provides for separate legal counsel for the Commission.
Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or grants, the amount appropriated by Borough Council for
the Commission's use. If the Commission receives gifts or grants,
they will be placed in a dedicated fund for the exclusive use of the
Commission.
(2)
Finances. The Borough Council shall establish reasonable fees
necessary to cover the expenses of administration and professional
services to aid the Commission in its review of permits and reviews
of applications for development. These fees are in addition to any
other required under any portion of this chapter or any other applicable
regulations.
E. Rules/procedures.
(1)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for permits,
for reports on applications for development and for designation and
de-designation of historic districts and sites. Such rules shall not
be inconsistent with the provisions of this chapter and shall include,
but not be limited to, rules pertaining to all notices and hearings
required.
(2)
To provide information to the public that is useful to the preservation
and protection of historic resources and to provide the basis for
consistency of policy, the administrative officer on behalf of the
Commission shall maintain complete files and records. The Commission's
files shall include, but are not limited to, data used in the classification
of buildings, places and structures, minutes of Commission meetings,
comments on reviewed applications and permits.
(3)
The Commission shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions, and applications. All meetings
shall be noticed and conducted in accordance with the Open Public
Meetings Act. Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the Borough Clerk.
A record of Commission proceedings shall be maintained and made available,
but a formal verbatim record shall not be required.
(4)
Copies of records shall be made available to municipal bodies,
agencies, and officials for their use.
(5)
When the Planning Board or Zoning Board of Adjustment refers
an application for development to the Commission, the Commission shall
provide a copy of its report to the referring board and shall provide
a copy to the applicant.
(6)
The Zoning Officer shall maintain and display an up-to-date
zoning map showing the historic districts, as well as a current listing
of historic resources with addresses.
(7)
No member of the Commission shall be permitted to act on any
matter in which he or she has, either directly or indirectly, any
personal or financial interest. Unless a member resides or owns property
within 200 feet of property that is the subject of an application,
mere ownership or residence in a designated historic district or ownership
of a designated historic site, or a non-designated site, shall not
be deemed to be a personal or financial interest.
[Amended by Ord. No. 1990-2; Ord. No. 2004-47]
A. Establishment. Pursuant to N.J.S.A. 40:55D-69 et seq., there is hereby
established a Zoning Board of Adjustment consisting of seven regular
members and not more than four alternate members, all of whom shall
be residents of the Borough appointed by the Mayor.
[Amended 10-12-2023 by Ord. No. NP2023-16]
B. Terms and alternates.
(1) The members of the Board of Adjustment shall continue until their
respective terms expire. Thereafter, the term of each member shall
be four years from January 1 of the year of their appointment. The
terms of members first appointed under this subsection shall be so
determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years after their
appointment, provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of each regular member
shall be four years, and the term of each alternate member shall be
two years. The terms of not more than two alternates shall expire
in any one year.
(2) The Mayor may appoint not more than four alternate members who shall
be designated at the time of their appointment as "Alternate No. 1,"
"Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." Alternate
members shall meet the same qualifications as regular members.
[Amended 10-12-2023 by Ord. No. NP2023-16]
(3) Alternate members may participate in all matters, but may not vote
except in the absence or disqualification of a regular member. 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 members shall vote
in the order of their numerical designations.
C. Conflicts. No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the municipality.
D. Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only.
E. Removal. A member may, after public hearing if he requests one, be
removed by the governing body for cause.
F. Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall also select a Secretary who may
or may not be a Board member or another municipal employee.
G. If the
Board of Adjustment lacks a quorum because any of its regular or alternate
members are prohibited by N.J.S.A. 40:55D-69 from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
H. Board of Adjustment Attorney. There is hereby created the office
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint, fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney,
who shall be an attorney other than the Borough Attorney. The Board
shall not authorize expenditures which exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
I. Expenses, experts and staff. The governing body shall make provision
in its budget and appropriate funds for the expenses of the Board
of Adjustment. The Zoning Board of Adjustment may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
J. Rules and regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
K. Powers of the Zoning Board of Adjustment.
(1) The Board of Adjustment shall have the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of the provisions of this chapter adopted pursuant to
N.J.S.A. 40:55D-62 through 40:55D-68.
[1]
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
Borough based on or made in the enforcement of the zoning provisions
of this chapter or the Official Map. Such appeal shall be taken within
20 days by filing a notice of appeal with the officer from whom the
appeal is taken, specifying the grounds of such appeal. The officer
from whom the appeal is taken shall immediately transmit to the Board
all papers constituting the record upon which the action appealed
was taken. A developer may file an application for development with
the Board of Adjustment for action under any of its powers without
prior application to an administrative officer.
[2]
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him that, by
reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
[3]
The Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or
may modify the order, requirement, decision or determination appealed
from and make such other requirement, decision or determination as
ought to be made and, to that end, have all the powers of the administrative
officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation of the Zoning Map
or this chapter or for decisions upon other special questions upon
which such Board is authorized to pass by any zoning or official map
ordinance in accordance with this chapter and N.J.S.A. 40:55D-1 et
seq.
(c)
Bulk variance.
[1]
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property; or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to N.J.S.A. 40:55D-46 would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon,
the developer of each property, grant, upon an application or an appeal
relating to such property, a variance from such strict application
of such regulation so as to relieve such difficulties or hardship;
[2]
Where, in an application or appeal relating to a specific piece of property, the purpose of this chapter or the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) would be advanced by a deviation from the requirements of this chapter and the benefits of this deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant N.J.S.A. 40:55D-62 through 40:55D-68; provided, however, that no variance from these departures enumerated in Subsection
K(1)(d) of this section (N.J.S.A. 40:55D-70d) shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to §
490-7K(9)(a) of this chapter (N.J.S.A. 40:55D-60a).
(d)
Use variance.
[1]
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to Article
IX, Conditional Uses, of this chapter and N.J.S.A. 40:55D-67 (Conditional uses; site plan review) pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in §
490-6, Definitions, of this chapter and N.J.S.A. 40:55D-4; an increase in the permitted density as defined in §
490-6, Definitions, of this chapter and N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersize lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by an affirmative vote of at least five members.
[2]
No variance or other relief may be granted under the terms of
this subsection or N.J.S.A. 40:55D-70 unless such variance or other
relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and the purpose
of the zone plan and this chapter. In respect of any airport hazard
areas delineated under the Air Safety and Hazardous Zoning Act of
1983 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be
granted under the terms of this subsection permitting the creation
or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to the Act except under issuance
of a permit by the Commissioner of Transportation. An application
under this subsection may be referred to any appropriate person or
agency for its report, provided that such reference shall not extend
the period of time within which the Board of Adjustment shall act.
(2) The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 40:55D-59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection
K(1)(d) of this section (N.J.S.A. 40:55D-70d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter and according to N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d [Subsection
K(1)(d) of this section] shall not be required.
(3) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood-control basin or public area reserved on the Official Map.
(4) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
L. Referral. Any application to the Zoning Board of Adjustment may be
referred by the Zoning Board to any appropriate person or agency,
Shade Tree Commission and the Environmental Commission for consideration
and report; provided, however, that such reference shall not extend
the time within which the Zoning Board of Adjustment is required to
act.
(1) If such reports are not received by the Zoning Board of Adjustment
within 45 days from the date or dates of such references, the Zoning
Board of Adjustment may proceed to act without further delay and without
reference to such reports should they be received after the expiration
of such forty-five-day period.
(2) When such a report is received from the Planning Board within 45
days, the Zoning Board of Adjustment shall take no action inconsistent
therewith except by the affirmative vote of a majority of the fully
authorized membership of the Zoning Board of Adjustment.
(3) The report of the Shade Tree Commission, Environmental Commission
or any other person or agency shall be advisory only.
M. Time for decision.
(1) Whenever an application for development requests relief pursuant to Subsection
K(1),
(2),
(3) or
(4) of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter and N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period described shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2) Whenever review or approval of the application by the Monmouth County
Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning
Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in
the case of a site plan, the Board of Adjustment shall condition any
approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time.
N. Expiration of variance. Any variance hereafter granted by the Board
of Adjustment permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises shall
expire by limitation unless such construction or alteration shall
have been actually commenced on each and every structure permitted
by said variance, or unless such development has actually been commenced,
within a time period specified by the Board of Adjustment from the
date of publication of the notice of the judgment or determination
of the Board of Adjustment; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the Borough Council, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding. Where
subdivision or site plan approval is required, the period of time
for commencement of the development specified by the Board of Adjustment
shall be the same as the period of time for which other rights are
conferred upon the applicant by such subdivision or site plan approval
pursuant to the provisions of this chapter.
O. Continuance of hearing and voting eligibility. A member of the Board
of Adjustment who was absent for one or more of the meetings at which
a hearing was held shall be eligible to vote on the matter upon which
the hearing was conducted, notwithstanding his absence from one or
more of the meetings; provided, however, that such Board member has
available to him the transcript or recording of all of the hearing
from which he was absent and certifies, in writing, to the Board that
he has read such transcript or listened to such recording.
P. Annual Zoning Ordinance report. The Board of Adjustment shall, at
least once a year, review its decisions on applications and appeals
for variances and prepare and adopt by resolution a report on its
findings on provisions of this chapter which were the subject of variance
requests and its recommendations for Zoning Ordinance amendment or
revision, if any. The Board of Adjustment shall send copies of the
report and resolution to the governing body and Planning Board.
[Amended by Ord. No. 1987-8; Ord. No. 1997-28; Ord. No. 2003-10]
A. Application fees.
(1) Nonrefundable application fees. The developer shall, at the time
of filing an application, pay a nonrefundable fee to the Borough of
Red Bank by cash, certified check or bank draft. The fee to be paid
shall be the sum of the fees for the component elements of the plat.
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.
[Amended 5-11-2009 by Ord. No. 2009-15]
(a)
Application for development permit:
[1]
For single- and two-family dwellings: $50.
[2]
Nonresidential applications: $100.
[3]
Residential/commercial applications for site plan/subdivision
approval: $100.
(b)
Application fee: minor subdivision approval:
[1]
Each preliminary submission: $350.
(c)
Application fee: major subdivision approval:
[1]
Each preliminary submission: $350.
[2]
Sketch plat (optional): $150, plus $25 per lot.
[3]
Preliminary plat: $300 per lot.
[4]
Final plat: $250 per lot.
(d)
Application fee: minor site plan approval:
[1]
Each preliminary submission: $175.
(e)
Application fee: major site plan approval:
[1]
Each preliminary submission: $350.
[2]
Preliminary approval:
[a] Residential, including hotel, motel, multifamily,
planned residential and community residence, but not including sheltered
care, nursing homes, or other medical/institutional uses, the sum
of:
[i] For each new dwelling unit, remodeled dwelling
unit, parking space, reconstructed or repaved parking space: $50.
[ii] For each ground sign eight feet or greater in
height: $150.
[iii] Other uses: the sum of $300, plus:
[A] For each full 1,000 square feet of lot area: plus
$50.
[B] For each full 1,000 square feet of proposed new
gross floor area: plus $50.
[C] For each proposed new or additional parking space:
plus $40.
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NOTE: The fee for structured parking will be calculated
on the basis of spaces (ii) or floor area (iii), whichever is greater.
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[D] For each full 1,000 square feet of remodeled or
gross floor area: plus $50.
[E] For each reconstructed, resurfaced or improved
existing paved parking space: plus $30.
[F] For each ground sign eight feet or greater in height:
$200.
[3]
Final approval: 50% of the fees for preliminary approval enumerated
above.
(f)
Variances:
[1]
Appeals:
[a] Single- and/or two-family residential uses: $225.
[2]
Interpretation of the zoning regulations or map: $350.
[3]
Hardship or bulk variance:
[a] Single- and/or two-family residential uses: $190.
[b] Other, including "C" variances for signs: $400
for first variance ($175 for each additional variance).
[4]
Use variance:
[a] Proposed single- and/or two-family residential
uses: $500.
[b] Signs not permitted: $400.
[c] Other, including conditional use variance: $1,000.
[5]
Building permit in conflict with Official Map or building permit
for lot not related to a street: $500.
(g)
Conditional uses:
[2]
Other: $1,000.
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NOTE: When a sign which is a conditional use is
part of an application for another conditional use, the fee shall
be $350 total.
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(h)
Public hearing for those development applications which require public notice or hearing pursuant to §
490-9D of this chapter: $100.
(i)
Reproduction of records:
[1]
Duplication of meeting recordings: $5 per disk.
(j)
Change of zone request application:
[1]
Residential to other residential: $400.
(k)
Environmental impact report:
[1]
For those development applications which require review of an EIR pursuant to §
490-90 of this chapter: $350.
(l)
Requests for administrative approval of changes: $250.
(m)
Requests for extension of time:
[1]
Minor subdivision and/or site plan: $200 (plus escrow).
[2]
Major subdivision and/or site plan: $250 (plus escrow).
[3]
Other applications for development: $50 (plus escrow).
(2) Escrow funds required to be deposited with the Borough toward anticipated
expenses for professional services to review applications for development,
to review and prepare documents and to inspect developments under
construction.
(a)
General.
[1]
In addition to the submission of nonrefundable application filing
fees, 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 cost to the
Borough of professional services rendered to the Borough for review
of applications for development; review and preparation of documents;
inspections of developments under construction; and review by outside
consultants when an application is of a nature beyond the scope of
the expertise of the professionals normally utilized by the Borough.
Professional fees and salaries incurred in connection with the review
of an application, plans, consultations, site inspections, written
reports, resolution preparation, meeting attendance, general preparation,
research, testimony, and other work performed by the Board Planner,
Attorney, Borough Engineer, consulting engineer, Health Officer, and
any other professional consulting services, such as a professional
traffic consultant, may be required due to the nature of the application.
Escrow funds deposited with the Borough as provided for in this subsection
shall not be utilized to pay inspection costs required during the
construction process.
(b)
Escrow amounts. Escrow funds in the amounts specified herein
shall be required relative to the following applications:
[Amended 4-24-2006 by Ord. No. 2006-21; 5-11-2009 by Ord. No.
2009-15]
[1]
All applications for development: $500.
[2]
Sketch plat for major subdivision, minor subdivision, preliminary
major subdivision approval for residential use:
|
|
Escrow Amount
|
---|
|
1 to 2 lots or units
|
$3,000
|
|
3 to 10 lots or units
|
$4,000
|
|
11 to 25 lots or units
|
$5,000
|
|
26 to 50 lots or units
|
$6,000
|
|
51 to 100 lots or units
|
$10,000
|
|
In excess of 100 lots or units
|
$30,000
|
[3]
Final major subdivision approval and final site plan approval
for residential use:
|
|
Escrow Amount
|
---|
|
1 to 10 lots or units
|
$1,500
|
|
11 to 25 lots or units
|
$2,000
|
|
26 to 50 lots or units
|
$3,000
|
|
51 to 100 lots or units
|
$4,000
|
|
In excess of 100 lots or units
|
$5,000
|
[4]
Nonresidential preliminary site plan approval inclusive of minor
site plan:
|
|
Escrow Amount
|
---|
|
Less than 1,000 square feet of building area
|
$1,500
|
|
Less than 10,000 square feet of building area
|
$3,500
|
|
10,001 to 50,000 square feet of building area
|
$6,000
|
|
50,001 to 100,000 square feet of building area
|
$9,000
|
|
In excess of 100,000 square feet of building area
|
$12,000
|
[5]
Nonresidential final site plan approval: 1/3 of the original
escrow fee paid at the time of preliminary plan application.
[6]
Any application having more than one of the above categories
shall deposit cumulative amounts.
[7]
Requests for extensions of time to commence development or file
subdivision maps: $200.
[8]
Review of performance and maintenance guarantees. If a performance
or maintenance guarantee or bond is required, $350 for review and
preparation of resolutions accepting and releasing of same by the
Borough Attorney.
[9]
Developer's agreements. If a developer's agreement is required
by the Planning Board or Zoning Board of Adjustment, $3,500 for legal
fees for the review of pertinent documents, meeting attendance, drafting
and preparation of the developer's agreement and resolutions implementing
same.
[10] Applications requiring grading plan review: $500.
[11] An additional reasonable escrow shall be required
for sites requiring extraordinary review based upon the scale and
complexity of the proposed development. For example, traffic-intensive
or stormwater-intensive sites shall require additional reasonable
escrow. This additional escrow shall be established by the administrative
officer and Borough Engineer after consultation with the reviewing
professionals.
(c)
Procedural requirements.
[1]
An applicant appearing initially before the Planning Board or
Zoning Board of Adjustment shall deposit all escrow funds called for
in the within section before said appearance. No conference, meeting
or hearing with the applicant shall be held by the said Boards or
any committees or professionals until all escrow funds and required
fees have been deposited. The escrow sums must be in the form of cash,
certified or bank cashier's check or money order. All deposits of
escrow funds shall be made to the Borough administrative official
and payable to the Borough of Red Bank.
[2]
Additional escrow funds may be required of the applicant when
the escrow has been depleted to 25% of the original escrow amount.
The Chief Financial Officer shall notify the Director of Planning
and Zoning when escrow funds have been depleted to the aforementioned
amount. The Board Secretary shall provide the applicant with a notice
of insufficient escrow or deposit balance. In order for work to continue
on the development or the application, the applicant shall, within
a twenty-one-day period from date of notification, post a deposit
to the account in an amount to be agreed upon by the Borough and the
applicant. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
[3]
Deposits received from any developer pursuant to this subsection
shall be deposited in a banking institution or savings-and-loan association
in this state insured by an agency of the federal government, or in
any other fund or depository approved for such deposits by the state,
in an account bearing interest at the minimum rate currently paid
by the institution or depository on time or savings deposits. The
Borough shall notify the applicant in writing of the name and address
of the institution or depository in which the deposit is made and
the amount of the deposit. Escrow account 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.
[4]
The Chief Financial Officer of the Borough shall make all of
the payments to professionals for services rendered to the Borough
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon
a schedule established by resolution or resolutions as adopted from
time to time by the governing body for professional services.
[5]
All disbursements to consulting professionals, Borough professionals
and Borough employed professionals for services involved in processing
an application which required escrow account deposits shall be charged
against the escrow account.
[6]
Each payment charged to the escrow deposit for review of the
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional.
Said voucher shall identify the personnel performing the service,
the date, the services performed, the hours spent to not greater than
one-quarter-hour increments, the hourly rate and the expenses incurred.
All professionals shall submit vouchers to the Chief Financial Officer
of the Borough on a monthly basis and in accordance with schedules
and procedures established by the Chief Financial Officer of the Borough.
[7]
If the services are provided by a Borough employee, the employee
shall prepare and submit to the Chief Financial Officer a statement
containing the same information as required on the voucher, on a monthly
basis.
[8]
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Borough
simultaneously to the applicant.
[9]
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.
[10] The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professionals
or consultants, including normal and typical expenses incurred in
processing applications and inspecting improvements. The Borough shall
not bill the applicant or charge an escrow account or deposit for
any Borough clerical or administrative functions, overhead expenses,
meeting room charges, or any other costs and expenses, except as provided
for in this chapter, nor shall a Borough professional add any such
charges to his bill.
[11] A professional shall not review items which are
subject to approval by any state agency and not under municipal jurisdiction
except to the extent that consultation with a state agency is necessary
due to the effect of state approval on the subdivision or site plan.
[12] All professional charges for review of an application
for development, review and preparation of documents, or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modifications or amendment made by the applicant.
[13] If the Borough retains a different professional
or consultant in the place of the professional originally responsible
for development application review or inspection of improvements,
the Borough shall be responsible for all time and expenses of the
new professional to become familiar with the application or project
and shall not bill the applicant or charge the deposit or the escrow
account for any such services.
[14] If the salary, staff support and overhead for
a Borough professional are provided by the municipality, the charge
shall not exceed 200% of the sum of the product resulting from multiplying
the hourly base salary of the professional by the number of hours
spent by the respective professional upon review of the application
for development or inspection of the developer's improvements, as
the case may be. For other professionals, the charge shall be at the
same rate as all other work of the same nature by the professional
for the municipality when fees are not reimbursed or otherwise imposed
on applicants or developers.
(d)
Inspection fees.
[1]
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan required by the Borough. Professionals
inspecting improvements under construction shall charge only for inspections
that are reasonably necessary to check the progress and quality of
the work, and such inspections shall be reasonably based on the approved
development plans and documents.
[2]
The developer shall be required to deposit funds into an escrow account for the inspection fees pursuant to Subsection
C of this section.
[3]
The amount of monies to be deposited with the Borough shall be as set forth in Subsection
B of this section.
[4]
The terms and provisions of this Subsection
A(2)(d), Inspection fees, shall be retroactive to January 1, 1997, except that it shall not apply to those inspection fees paid to the Borough under the terms and provisions of a land use developer's agreement, if any, whereby it was agreed by the developer that said inspection fees would be treated as a flat, nonescrow inspection fee.
(e)
Refund of monies in escrow account. The following closeout and
refund procedure shall apply to all deposits and escrow accounts established
under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., and shall commence after the Borough has granted final approval
and signed the subdivision plat or site plan, in the case of application
review escrows and deposits, or after the improvements have been approved,
in the case of improvement inspection escrows and deposits, and the
Borough has further determined that there is no longer any need to
retain any escrow account:
[1]
The applicant shall send written notice by certified mail to
the Director, Planning and Zoning, as well as to the relevant Borough
professional, that the application or the improvements, as the case
may be, are completed.
[2]
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer within 30 days and shall
send a copy simultaneously to the applicant.
[3]
The Chief Financial Officer shall render a written final accounting
to the applicant on the uses to which the escrow account deposit was
put within 45 days after the receipt of the final bill.
[4]
Any balances remaining in the deposit or escrow account, including
interest in accordance with the requirements of N.J.S.A. 40:55D-53.1,
shall be refunded to the developer along with the final accounting.
[5]
In the event that an applicant requests a refund of any balances
remaining in a deposit or escrow account and it is necessary for the
Borough to provide additional professional services or inspection
services relating to that development application, it will be necessary
for developer to post a new deposit or escrow amount pursuant to this
chapter as if it were a new development application.
[6]
The Borough shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, that entire amount shall belong to
the developer and shall be refunded to him by the Borough annually
or at the time the deposit is repaid or applied to the purposes for
which it was deposited, as the case may be, except that the Borough
may retain for administrative expenses a sum equivalent to not more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses pertaining to the
escrow account.
(f)
Dispute of charges.
[1]
An applicant shall notify, in writing, the Borough Council,
with copies to the Chief Financial Officer, the approving authority
and the professional, whenever the applicant disputes the charges
made by a professional for services rendered to the Borough in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[2]
The governing body or its designee shall, within a twenty-one-day
period, attempt to remediate any disputed charges. In the event that
the matter is not resolved to the satisfaction of the applicant, the
applicant may appeal, in writing, to the County Construction Board
of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A.
52:27D-127).
[3]
An applicant filing an appeal shall simultaneously send a copy
to the Borough approving agency and any professional whose charge
is the subject of the appeal.
[4]
Any appeal shall be filed within 45 days from receipt of the
informational copy of the professional's voucher, except that, if
the professional has not supplied the applicant with the informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the municipal statement of activity against
the deposit or escrow account.
[5]
During the pendency of any appeal, the municipality or approving
authority shall continue to process, hear and decide the application
for development, and to inspect the development in the normal course,
and shall not withhold, delay or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment,
the Chief Financial Officer of the municipality shall reimburse the
deposit or escrow amount in the amount of any such disallowed charge
or refund the amount to the applicant. If a charge is disallowed after
payment to a professional or consultant who is not an employee of
the municipality, the professional or consultant shall reimburse the
municipality in the amount of any such disallowed charge.
B. Inspection fees.
[Amended 4-24-2019 by Ord. No. 2019-15]
(1) Inspection fees as per procedures prescribed by the Department of
Planning and Zoning consistent with the Municipal Land Use Law (N.J.S.A.
40:55D-53).
(2) Required inspection fees shall be paid prior to the issuance of a
development permit.
C. Additional inspection fee escrow for excess Borough expenses.
(1) If the municipal agency determines that a proposed development involves
unusual or complicated aspects which could result in expenses to the
Borough in excess of the inspection fees set forth above, the municipal
agency may, as a condition of final approval, require the developer
to provide an additional escrow deposit. Expenses in excess of the
normal inspection fees may be deducted from the escrow deposit. Any
balance shall be returned to the applicant upon release of performance
guarantees and/or issuance of a final certificate of occupancy. In
determining the amount of any escrow required, the municipal agency
may consider the duration and size of the project; unusual design
aspects; the degree and extent of municipal inspection required; and
the extent of conformity to normal municipal design standards.
(2) For those developments for which the reasonably anticipated fees
are less than $10,000, fees may, at the option of the developer, be
paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Municipal
Engineer shall not perform any inspection if sufficient funds to pay
for those inspections are not on deposit.
D. Easements and other rights in Borough-owned real property.
[Added 10-23-2006 by Ord. No. 2006-50; amended 5-11-2009 by Ord. No.
2009-15]
(1) Except as otherwise permitted by the Local Lands and Building Law,
N.J.S.A. 40A:12-1 et seq., the following minimum prices shall be established
for easements, licenses, and any other encroachments upon or encumbrances
of Borough-owned lands or rights-of-way:
(a)
Access easements: $3,500.
(b)
Major encroachments (physical encroachments or encumbrances
of more than 225 square feet): $2,000.
(c)
Minor encroachments (physical encroachments or encumbrances
of 225 square feet or less): $1,500.
(d)
Utility or drainage easements: $1,000.
(2) The Borough shall have the right to increase these minimum bids,
at its discretion, upon a finding that special circumstances exist
warranting an increase in the aforementioned minimum bids.
(3) Nothing in this section shall otherwise restrict, or limit, the Borough
from exercising any other rights or powers granted to it by the Local
Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq.
E. Revised plats. Any proposed revisions to a plat, including all supporting
maps and documents, previously approved by the Planning Board or Board
of Adjustment, which approval is still in effect, shall require submission
of a revised plat and payment of fees in accordance with the following:
(1) Where changes in the plat are requested by the municipal agency or
Borough Engineer, no fees need be paid, and only sufficient copies
of the plat incorporating the changes as may be necessary for distribution
need be submitted.
(2) Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency, where approval was a condition
of the Planning Board or Board of Adjustment approval, which do not
involve any additional building or parking or significant change in
the design of the site or subdivision, an application fee of $350
will be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
[Amended 5-11-2009 by Ord. No. 2009-15]
(3) Where there are changes in the plat proposed by the applicant, or
required by another governmental agency whose approval was a condition
of the municipal agency approval, which involve additional building
or parking or a significant change in the design of the site or subdivision,
an application fee equal to 1/2 the fee required for the initial submission
will be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
(4) Where the proposed changes involve a change in use and/or major alteration
of the design concepts of the plat approved by the municipal agency,
it shall be considered a new application and shall require the full
payment of fees as set forth in this section for new applications
for development.
(5) Where revisions in the plat only involve additional information required
as a condition of a previous approval, no additional fees shall be
required.
F. Request for reapproval or extension of time:
[Amended 5-11-2009 by Ord. No. 2009-15]
(1) Minor subdivisions and site plans: $225.
(2) Major subdivisions and site plans: $250.
(3) Other applications for development: $75.
G. Tax Map revision fees.
(1) When an application for development requires revisions to the Borough's
Tax Maps, which may include costs in regard to reviewing deeds and
revising said maps in addition to costs incurred by the Borough Assessor's
office in establishing additional line items, the following fees will
be paid prior to or as a condition of final approval or issuance of
a development permit:
Number of Lots or Units
|
Tax Map Revision Fee
|
---|
Less than 20
|
$60/lot or unit ($200 minimum)
|
20 but less than 100
|
$1,200, plus $45/lot or unit in excess of 20
|
100 but less than 200
|
$4,800, plus $35/lot or unit in excess of 100
|
200 but less than 400
|
$8,300, plus $30/lot or unit in excess of 200
|
(2) Where an applicant sells or leases property necessitating subsequent
revisions to the Borough's Tax Maps, the applicant or present owner
(if different from the applicant) shall be responsible for additional
Tax Map revisions. Subsequent fees shall be the same as above and
paid prior to the issuance of a certificate of occupancy for each
new unit.
H. Application for a certificate of appropriateness from the Historic
Preservation Commission: $50.
[Added 6-13-2018 by Ord.
No. 2018-15]
I. Development
impact fees.
[Added 8-18-2021 by Ord. No. 2021-15]
(1) The purpose of this article is to establish regulations pursuant
to which a developer, as a condition for approval of a subdivision
and/or site plan, shall pay a pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor, and provide for open
space and park improvements, located off tract but necessitated or
required by construction or improvements within the subdivision or
development.
(2) To the fullest extent permitted by New Jersey law, presently or as
may be amended and supplemented from time to time, and whenever the
Borough can fairly and reasonably establish, based upon appropriate
traffic and utility service analyses, plans or studies and open space
or park improvement plans, the proportionate or pro rata amount of
the cost of the aforementioned facilities that shall be borne by each
developer or owner within a related and common area as provided for
herein, the developer or owner shall pay said cost as a condition
of approval up to the following amounts:
(a)
Each square foot of new construction of warehouse space shall
be assessed an impact fee of $3.25.
(b)
Each square foot of new construction of retail, commercial and/or
other industrial space shall be assessed an impact fee of $4.25.
(c)
Each square foot of new construction of residential space shall
be assessed an impact fee of $3.
(d)
Construction of new tanks above or below grade of any gallon
size shall be assessed an impact fee of $0.10 per gallon. Single-family
and multifamily homes shall be exempt.
(3) The foregoing amounts shall apply to each square foot of lot coverage
only and shall not be required for additions to existing owner-occupied
residential dwellings unless said addition increases the total square
footage of lot coverage by the dwelling by more than 50%.
(4) Where a developer or owner pays under protest the amount determined
to be his/her/its pro rata share as provided for herein, he/she/it
shall institute legal action within one year of such payment in order
to preserve the right to a judicial determination as to the fairness
and reasonableness of such amount.
(5) The provisions of this article notwithstanding, nothing herein shall
prevent a developer or owner from voluntarily agreeing to pay, and
the Borough agreeing to accept, an amount, either by way of direct
contribution or in-kind services, that the developer or owner agrees
reflects the pro rata or proportionate share of the cost of providing
reasonable and necessary off-tract improvements or facilities required
by the construction or improvements to be approved pursuant to a respective
development application. In such a case, the Borough and developer
or owner may enter into a developer's agreement that provides for
said direct payment or in-kind services in lieu of any contribution
provided for pursuant to the provisions of this article. In addition,
the Borough may waive the requirements of this article for any duly
authorized redevelopment project.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the administrative officer or his
designee, who shall have such powers as are conferred by this chapter
and as reasonably may be implied. The officer shall be appointed by
the Borough Council. In no case shall a development permit be granted
for a subdivision or the construction of or alteration of any building
or site where the proposed construction, alteration or use thereof
would be in violation of any provisions of this chapter. It shall
be the duty of the administrative officer or his designee to cause
any building, plans or premises to be inspected or examined and to
order in writing the remedying of any conditions found to exist in
violation of this chapter, and the officer or his designee shall have
the right to enter any building or premises during the daytime, or
other normal business hours of the premises, in the course of performing
these duties.
[Amended by Ord. No. 1989-10]
A. Development permit.
(1) Development permits shall hereafter be secured from the administrative
officer prior to:
(a)
Filing of (or recording a deed of) a subdivision application
or resubdivision of any land;
(b)
Application for and/or issuance of any construction permit except
a permit for minor work (as defined by N.J.A.C. 5:23-2.17A);
(c)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure;
(d)
Application for and/or issuance of any permit for a new or expanded
or relocated sign;
(e)
Application for and/or issuance of any permit for erection of
a fence;
(f)
Any change in use or occupancy (as herein defined) of any building,
structure or land;
(g)
Any alteration in the natural condition of any parcel of land;
(h)
Any use of any portion of any parcel of land for any activity
regulated by this chapter;
(i)
The construction of any site improvement either above or below
ground;
(j)
The issuance of any certificate of occupancy where no building
permit was previously required.
(k)
Any leasing of parking spaces to off-site uses.
[Added 7-18-2018 by Ord.
No. 2018-19]
(2) Prior to issuance of a development permit, the applicant shall have,
where applicable, secured other required permits, including, but not
limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of
Environmental Protection.
(d)
Coastal Area Facility Review Act (CAFRA) permit from the New
Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection.
(g)
Required permits from the United States Army Corps of Engineers
for work within navigable waterways.
(h)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection.
(i)
Land disturbance permit from the Freehold Area Soil Conservation
District.
(3) Prior to the issuance of a development permit, the applicant shall
have secured all approvals required by this chapter and shall have
met any and all conditions of any municipal agency approval.
B. Certificates as to approval of subdivision of land.
(1) The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative
officer for issuance of a certificate certifying whether or not such
subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name and the owner thereof.
(2) The administrative officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
(3) Each such certificate shall be designated as "certificate as to approval
of subdivision of land" and shall certify:
(a)
Whether there exists in the Borough a duly established Planning
Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
by N.J.S.A. 40:55D-1 et seq.
(4) The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
(5) Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the Borough pursuant to the provisions of N.J.S.A.
40:55D-55.
(6) If the administrative officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the Borough pursuant to N.J.S.A. 40:55D-55.
(7) Any such application addressed to the Borough Clerk shall be deemed
to be addressed to the proper designated officer, and the Borough
shall be bound thereby to the same extent as though the same was addressed
to the designated official.
C. Building permit. No building or structure shall be erected, restored,
added to, or structurally altered until a permit therefor has been
issued by the Construction Official. All applications for such permits
shall be in accordance with the requirements of the Uniform Construction
Code. No building permit shall be issued unless the applicant shall
have first secured a development permit.
D. Certificate of occupancy.
(1) Development permit required. No certificate of occupancy shall be
issued for the use of any building, structure or land unless a development
permit shall have first been issued for the use of such building,
structure or land.
(2) New uses.
(a)
No building, structure or land shall be occupied or used until
such time as a certificate of occupancy is issued by the Construction
Official.
(b)
Such certificate shall be issued upon application by the owner,
prospective occupant, or purchaser only after the Construction Official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the Uniform Construction Code and other codes and ordinances
affecting construction and occupancy.
(c)
A temporary certificate of occupancy may be issued pursuant to the provisions of this chapter, including specifically but not limited to §
490-76 of this chapter, for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
(3) Existing uses at the time of passage of this chapter. Upon written
request from the owner, tenant, occupant, or purchaser under contract,
the Construction Official, after inspection, shall issue an occupancy
permit for a use legally existing at the time this chapter is made
effective, certifying the extent and kind of use and whether any such
existing use conforms with the provisions of this chapter.
(4) Change of use. Whenever there occurs a change in the occupancy or
use (as herein defined) of a nonresidential building, structure or
land, a new certificate of occupancy shall be applied for, to ensure
compliance with all applicable codes and ordinances. The Construction
Official may issue such certificate if the administrative officer
determines that such change in occupancy or use is not a change in
use as herein defined and determines, therefore, that a development
permit is not required, provided that the applicant has met the requirements
of other applicable regulations.
(5) Scope of certificate of occupancy. The certificate of occupancy shall
contain sufficient information as to the extent and kind of use or
uses, such that any future investigation of the premises would disclose
the extent to which a use was altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
(6) Improvement required. No permanent certificate of occupancy shall
be issued until all required improvements have been installed in accordance
with the provisions of this chapter.
E. Soil erosion and sediment control plan certification. Where required,
a soil erosion and sediment control plan certification shall be obtained
from the Freehold Area Soil Conservation District prior to subdivision
or the erection of any structure or the alteration of the existing
grade on any lot. No such certification shall be valid until a development
permit shall have first been issued for the subdivision, building,
structure or use.
It shall be the duty of the administrative officer to keep a
record of all applications, all actions of the municipal agencies,
all complaints, all violations noted and a record or any action taken
thereon and all development permits issued, together with a notation
of all special conditions involved. He shall file and safely keep
copies of all plans submitted, and the same shall form a part of the
records of his office and shall be available for the use of the Borough
Council and of other officials of the Borough.
Any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided by §
490-28 of this chapter, and except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
All amendments to this chapter and to the Zoning Map, which
forms a part hereof, shall be adopted in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
Upon adoption of this chapter, the Borough Clerk shall file
a copy of this chapter with the Monmouth County Planning Board as
required by N.J.S.A. 40:55D-16.