The governing body, Planning Board and Zoning Board of Adjustment
shall adopt and may amend reasonable rules and regulations, not inconsistent
with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or with this chapter, for the administration of their functions, powers
and duties and shall furnish a copy thereof to any person upon request
and may charge a reasonable fee for such copy. Copies of all such
rules and regulations and amendments thereto shall be maintained in
the City Hall in the office of the City Clerk.
[Amended 2-12-1980]
Every municipal agency shall, by its rules, fix the time and
place for holding its regular meetings for business authorized to
be conducted by such agency. Regular meetings of the agency shall
be scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
The agency may provide for special meetings, at the call of the Chairman
or on request of any two of its members, which shall be held on notice
to its members and the public in accordance with the provisions of
the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and agency
regulations. No action shall be taken at any meeting without a quorum
being present. All actions shall be taken by a majority vote of the
members of the municipal agency present at the meeting, except as
otherwise required. Nothing herein shall be construed to contravene
any act providing for procedures for governing bodies.
Notices pursuant to §§
160-74 and
160-75 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to §
160-75 of this chapter, an 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 Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to §
160-75B of this chapter.
The Planning Board shall give:
A. Public notice of a hearing on adoption, revision or amendment of
the Master Plan, by publication in the official newspaper of the City
of Port Republic at least 10 days prior to the date of the hearing.
B. Notice by personal service or certified mail to the Clerk of an adjoining
municipality at least 10 days prior to the date of any hearings on
adoption, revision or amendment of a Master Plan involving properties
situated within 200 feet of such adjoining municipality.
C. Notice by personal service or certified mail to the County Planning
Board at least 10 days prior to the date of all hearings on the adoption,
revision or amendment of the Municipal Master Plan. Such notice shall
include a copy of any such proposed Master Plan or any revision or
amendment thereto. Not more than 30 days after the date of such adoption,
revision or amendment of the Master Plan, notice of such adoption,
revision or amendment shall be given to the County Planning Board,
which shall include a copy of the Master Plan or revision or amendment
thereto.
Any notice made by certified mail pursuant to §§
160-74 and
160-75 of this chapter shall be deemed complete upon mailing.
The City Clerk shall file with the County Planning Board, as
soon after passage as possible, this chapter and any amendments or
revisions thereto, and file and maintain for public inspection copies
of such regulations in the City Clerk's office. The Official Map of
the City of Port Republic shall not take effect until filed with the
county recording officer.
[Amended 4-13-1982 by Ord. No. 20-1982; 9-11-1990 by Ord. No.
08-1990]
The governing body shall enforce this chapter. To that end, the governing body shall require the issuance of a building permit as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, and the use or occupancy of any building, structure or land and the subdivision or resubdivision of any land. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any other ordinance of the City of Port Republic, the governing body and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. In the Pinelands Area, no zoning permit shall be issued unless the development application conforms to the application and review procedures set forth in Article
XIII and the development standards of Article
XIV.
If a public utility, as defined by N.J.S.A. 48:2-13, is aggrieved by the action of a municipal agency through said agency's exercise of its powers under this chapter, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body if the public utility so chooses. Otherwise, the public utility may appeal to the governing body pursuant to §
160-79 of this chapter. In such case, appeal to the Public Utility Commissioners may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, this chapter or any regulation made thereunder to the contrary notwithstanding. This chapter or any regulation made thereunder shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall, after hearing, of which any municipalities affected shall have notice, decide that the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public. Nothing in this chapter shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
Any power expressly authorized by this chapter to be exercised
by the Planning Board or the Zoning Board of the Adjustment shall
not be exercised by any other body, except as otherwise provided in
this chapter.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred and prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.
[Added 2-12-1980]
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development for which the
developer intents to prepare and submit an application for development.
The developer shall not be required to submit any fees for such an
informal review. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
[Added 2-12-1980]
A member of a municipal agency 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 member has available to him the transcript or recording of all
of the hearings from which he was absent and certifies in writing
to the municipal agency that he has read such transcript or listened
to such recording.
[Added 2-12-1980]
Any approval which is required pursuant to this chapter may
require that no taxes or assessments for local improvements are due
or delinquent on the property for which any application is made.
[Added 6-14-1988 by Ord. No. 92-1988]
Any development providing inclusionary low- and moderate-income
housing units shall meet the following requirements:
A. Type of control. Control of affordability shall be by deed restriction
filed with the county recording officer and the City.
B. Length of control of rental and sales units shall be 20 years.
C. Administration. The Planning Board shall administrate affordability
controls by review of initial documents which set affordability levels,
including leases, sales agreements, etc., and any subsequent turnover,
sale, resale or sublease by review of appropriate documents.
D. Affordability levels. Levels of affordability shall be those established
by the Council on Affordable Housing (COAH) as follows:
(1) Owner-occupied: Monthly housing cost shall not exceed 28% of gross
monthly income. Housing cost includes, after a ten-percent down payment,
monthly principal, interest, taxes, insurance and condo fees.
(2) Renter-occupied: Rent, excluding utilities, shall not exceed 30%
of gross monthly income.
E. Family size and income. The basis for low and moderate income shall
be the family size and Section 8 Housing and Urban Development income
limits as follows:
|
Unit Size
|
Household
(persons)
|
---|
|
Efficiency
|
1
|
|
1 bedroom
|
2
|
|
2 bedrooms
|
3
|
|
3 bedrooms
|
5
|
|
4 bedrooms
|
7
|
F. Annual increases. The price and rent of affordable units may be increased
annually according to increases in Section 8 income limits.
G. The following additional requirements shall apply to inclusionary
developments.
(1) Bedroom mix (not applicable to elderly units):
(a)
Efficiency units: maximum of 20%.
(b)
Two-bedroom units: minimum of 35%.
(c)
Three-bedroom units: minimum of 15%.
(2) Affirmative marketing. An affirmative marketing program shall be
provided as described in applicable COAH rules.
H. Changes to affordability controls. Upon submission of evidence satisfactory
to the Planning Board that affordability controls have rendered units
unmarketable, modifications to such controls may be considered. Evidence
regarding such unmarketability shall include but not be necessarily
limited to the following:
(1) An adequate affirmative marketing program has been in place.
(2) The units in question have been on the market for a period of at
least one year, including evidence of such marketing.
(3) Documentation of specific marketability controls which have prohibited
marketing of such units.
[Added 9-11-1990 by Ord. No. 08-1990]
In amending this chapter or the City's Master Plan, the City
shall comply with all the requirements of N.J.A.C. 7:50-3.45.