[Ord. 10/11/77 § 40; Ord. 11/10/86 § 33]
This chapter shall be known and may be cited as "The Land Use
Procedures Regulations of the Borough of Allenhurst."
[Ord. 10/11/77 § 36; Ord. 11/10/86 § 29]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
as set forth in the definition of such term found in the statute,
unless a contrary intention is clearly expressed in the context of
this chapter.
[Ord. 10/11/77 § 1; Ord. 11/10/86 § 1]
There is established pursuant to N.J.S.A. 40:55D-25(c), in the
Borough, a Planning Board, consisting of nine (9) members. The Planning
Board, herein established, shall exercise all powers given to a Planning
Board or Zoning Board of Adjustment, by the Municipal Land Use Law
of the State of New Jersey. The Planning Board shall consist of the
following classes:
Class I - The Mayor.
Class II - One (1) of the officials of the municipality other
than a member of the Governing Body, to be appointed by the Mayor.
Class III - A member of the Governing Body to be appointed by
it.
Class IV - Six (6) other citizens of the Borough to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment.
[Ord. 11/10/86 § 2]
The Mayor may appoint three (3) alternates for Class IV members,
each of whom shall meet the qualifications of Class IV members. At
the time of appointment by the Mayor, the alternate members shall
be designated as "Alternate No. 1," "Alternate No. 2" and "Alternate
No. 3."
[Ord. #10/11/77, § 2; Ord. 11/10/86 § 3]
The term of the member comprising Class I shall correspond with
his official tenure. The term of the members comprising Class II and
Class III shall be for one (1) year or terminate at the completion
of his respective term of office, whichever occurs first. The term
of all Class IV members, first appointed pursuant to this chapter,
shall be so determined that, to the greatest practical extent, the
expiration of such term shall be evenly distributed over the first
four (4) years after their appointment as determined by the resolution
of the Board of Commissioners, provided however, that no terms of
any member shall exceed four (4) years. Thereafter all Class IV members
shall be appointed for terms of four (4) years except as otherwise
herein provided. All terms shall run from January 1 of the year in
which the appointment was made. The terms of the alternate members
to the Planning Board shall be for two (2) years, except that the
terms of the alternate members shall be such that the term of not
more than one (1) alternate member shall expire in any one (1) year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two (2) years.
[Ord. 10/11/77 § 3; Ord. 11/10/86 § 4]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[Ord. 10/11/77 § 4; Ord. 11/10/86 § 5]
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.
[Ord. 10/11/77 § 5; Ord. 11/10/86 § 6]
There is hereby created the Office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree with the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
[Ord. 10/11/77 § 6; Ord. 11/10/86 § 7]
The Planning Board may also employ or contract for the services
of experts and others 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.
[Ord. 10/11/77 § 7; Ord. 11/10/86 § 8;
N.J.S.A. 40:55D-25]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
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. The Planning
Board shall also have the following duties and powers:
a.
To make, adopt and amend a Master Plan for the physical development
of the municipality including any areas outside its boundaries, which,
in the Board's judgment, bears essential relation to the planning
of the Borough. With respect to the Master Plan, the Board shall have
such powers and obligations as set forth in N.J.S.A. 40:55D-28.
b.
To administer the provisions of the land subdivision regulations
as well as the site plan regulations of the Borough in accordance
with the provisions of the regulations and the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions
of the zoning ordinance pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by the State or Federal law or regulations.
e.
To grant variances and building permits in conjunction with subdivisions,
site plan and conditional use approval.
f.
To assemble data on a continuing basis as part of a continuing planning
process.
g.
At the request of the Board of Commissioners to annually prepare
a program of municipal capital improvement projects projected over
a term of six (6) years and amendments thereto and recommend same
to the governing body.
h.
To consider and make reports to the governing body within thirty-five
(35) days after referral of an amendment or revision to the Zoning
Ordinance which report shall include identification of any provisions
in the proposed development regulation, revision or amendment, which
are inconsistent with the Master Plan. The report shall contain recommendations
concerning such inconsistencies and any other matters as the Planning
Board shall deem appropriate.
i.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of any street or public drainage
way or public area reserved pursuant to N.J.S.A. 40:55D-32.
j.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
k.
The Planning Board shall have the same powers as given to a Board
of Adjustment pursuant to the provisions of the Municipal Land Use
Law, except that the Class I and the Class III members shall not participate
in the consideration of applications for development which involve
relief pursuant to N.J.S.A. 40:55D-70d.
[Ord. 10/11/77 § 21; Ord. 11/10/86 § 8;
N.J.S.A. 40:55D-70]
The Planning Board acting as 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 officer based on or made in the enforcement of
the zoning ordinance;
b.
Hear and decide requests for interpretation of the zoning map or
ordinance 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 N.J.S.A. 40:55D-1 et seq.
c.
(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) 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 article 8 of N.J.S.A. 40:55D-1 et seq. would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such 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 purposes of this act or the purposes of the "Educational Facilities Construction and Financing Act," P.L. 2000, c. 72 (C. 18A:7G-1 et al.), would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to article 8 of N.J.S.A. 40:55D-1 et seq.; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in subsection d. of this section 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 subsection a. of section 47 of N.J.S.A. 40:55D-1 et seq. and
d.
In particular cases for special reasons, grant a variance to allow
departure from regulations pursuant to article 8 of this act to permit:
(1) a use or principal structure in a district restricted against
such use or principal structure, (2) an expansion of a nonconforming
use, (3) deviation from a specification or standard pursuant to section
54 of P.L. 1975, c. 291 (C. 40:55D-67) pertaining solely to a conditional
use, (4) an increase in the permitted floor area ratio as defined
in section 3.1. of P.L. 1975, c. 291 (C. 40:55D-4), (5) an increase
in the permitted density as defined in section 3.1 of P.L. 1975, c.
291 (C. 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 either an isolated undersized lot or lots are resulting
from a minor subdivision or (6) a height of a principal structure
which exceeds by 10 feet or 10% the maximum height permitted in the
district for a principal structure. A variance under this subsection
shall be granted only by affirmative vote of at least five members,
in the case of a municipal board, or two-thirds of the full authorized
membership, in the case of a regional board, pursuant to article 10
of N.J.S.A. 40:55D-1 et seq.
If an application development requests one or more variances but not a variance for a purpose enumerated in subsection d. of this section, the decision on the requested variance or variances shall be rendered under subsection c. of this section.
No variance or other relief may be granted under the terms of
this section, including a variance or other relief involving an inherently
beneficial use, without a showing that 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 zoning ordinance. In respect to any airport safety zones
delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983,
c. 260 (C. 6:1-80 et seq.), no variance or other relief may be granted
under the terms of this section, permitting the creation or establishment
of a nonconforming use which would be prohibited under standards promulgated
pursuant to that act, except upon issuance of a permit by the Commissioner
of Transportation. An application under this section 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
Zoning Board of Adjustment shall act.
[Ord. 11/10/86 § 13]
The powers and duties of the Zoning Board of Adjustment are
now assumed by the Borough Planning Board pursuant to the provisions
of the Municipal Land Use Law, except that any case or matter now
under consideration by the Zoning Board of Adjustment shall be finally
decided by such Board.
[Ord. 10/11/77 § 10; Ord. 11/10/86 § 12]
The Mayor may appoint one (1) 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.
[Ord. 10/11/77 § 23; Ord. 11/10/86 § 15]
No member of the Planning Board, including alternate members,
shall act on any matter in which he has 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.
[Ord. 10/11/77 § 24; Ord. 11/10/86 § 16;
amended 4-14-2023 by Ord. No. 2023-05]
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 cancelled for lack of applications for development to process.
b.
Special meetings may be provided for the call of the chairman or
at the request of any two (2) Board members which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by a majority vote of the members of the
municipal agency present at the meeting, except in those instances
where the Municipal Land Use Law requires a prescribed number of votes,
or a greater number of votes, such regulations of the Municipal Land
Use Law shall prevail.
e.
Failure of motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application.
f.
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, Chapter 231 P.L.
1975.
g.
If an applicant requests the Planning Board to hear an application
at one or more special meetings, and the Planning Board grants said
request, the applicant(s) shall pay an additional three thousand five
hundred ($3,500.00) dollars for each such special meeting at which
the applicant's matter is heard.
1.
Should
a requested special meeting be held at any location other than in
the Public Meeting Room at Borough Hall, the applicant(s) shall be
responsible for any and all additional expenses incurred by the Borough
of Allenhurst as a result of having to re-locate said meeting. The
amount of such costs shall be provided to the applicant and shall
be paid, in escrow, prior to the scheduling of said special meeting.
[Ord. 11/10/86 § 17]
A member of the Planning Board who was absent for one (1) 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 (1) or more of the meetings; provided, that such
Board 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 Board that he has read such transcript or listened to such
recording.
[Ord. 10/11/77 § 25; Ord. 11/10/86 § 18]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Planning Board and of the persons appearing by attorney, the action
taken by the Board, the findings, if any, made by it, and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Allenhurst
Borough Clerk. Any interested parties shall have the right to compel
production of the minutes for use as evidence and any legal proceeding
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 Planning Board.
[Ord. 10/11/77 § 8; Ord. 11/10/86 § 9]
The Planning Board shall act in a timely fashion and in all
cases in accordance with the time requirements set forth in the Municipal
Land Use Law.
Unless the time for action is extended, the Planning Board shall
grant or deny approval within the described times following submission
of a complete application to the administrative officer.
a.
Site plan involving ten (10) acres of land or less, and ten (10)
dwelling units or less - within forty-five (45) days.
b.
Site plan involving more than ten (10) acres or more than ten (10)
dwelling units - within ninety-five (95) days.
c.
Minor site plan - within forty-five (45) days.
d.
Minor subdivision - within forty-five (45) days.
e.
Major subdivision involving ten (10) or fewer lots, - within forty-five
(45) days.
f.
Major subdivision involving more than ten (10) lots - within ninety-five
(95) days.
g.
Subdivision, site plan or conditional use applications, which also
involve a variance, or application for issuance of a permit for a
building or structure in the bed of a public street or public drainage
way, flood control basin or reserved public area or application for
issuance of permit for a building or structure not related to a street
- within one hundred twenty (120) days, except that in the event the
developer elects to submit separate consecutive applications, the
aforesaid provision shall apply to the application for approval of
the variance or direction for issuance of a permit. The period for
granting or denying subsequent approvals shall be otherwise provided
in this subsection.
h.
Conditional use applications - within ninety-five (95) days.
[Ord. 11/10/86 § 10]
In the event that the Planning Board has failed to rule upon
an application within the time period allowed by the Municipal Land
Use Law, and the applicant wishes to claim approval of his application
for development by reason of the failure of the Planning Board to
grant or deny approval within the time period allowed by the Municipal
Land Use Law, the applicant shall comply with the afterstated regulations:
a.
The applicant shall provide notice of the default approval to the
Planning Board and to all those entitled to notice by personal service
or certified mail of the hearing on the application for development.
b.
For the purposes of this subsection, in determining who was entitled
to notice the hearing on the application for development shall be
deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
c.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough.
d.
The applicant shall file an Affidavit of Proof of Service and Publication
with the administrative officer, who, in the case of a minor subdivision
or final approval of a major subdivision, shall be the officer who
issues certificates pursuant to N.J.S.A. 40:55D-47 or N.J.S.A. 40:55D-50
or N.J.S.A. 40:55D-76, as the case may be.
[Ord. 10/11/77 § 9; Ord. 11/10/86 § 11; Ord. No. 2017-12 § 1]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of the Municipal Land Use
Law, as supplemented by the recent amendment thereto [N.J.S.A. 40:55D-25(c)]
shall be filed with the Secretary of the Planning Board. The applicant
shall file at least thirty (30) days before the date of the monthly
meeting of the Board, the following:
a.
Six (6) copies of a Sketch Map;
b.
Six (6) copies of applications for minor subdivision approval;
c.
Six (6) copies of applications for major subdivision approval, or
six (6) copies of an application for site plan review, conditional
use approval or plan development;
d.
Two (2) original sealed surveys representing the current conditions
of the property. If the survey is more than six (6) months old as
of the date of the application submission, the applicant shall also
provide a Survey Affidavit of No Change affirmed by the property owner;
e.
Six (6) copies of applicant's architectural, engineering, and/or
other drawings and plans, plots and applications in connection with
applications pursuant to N.J.S.A. 40:55D-70.
All plans, surveys, and plots shall be to scale. The applicant
shall also file with the Planning Board Secretary an electronic portable
document format (.pdf) copy of the applications, Sketch Map, and plans.
The .pdf copy shall be submitted on a compact disc or similar transfer
medium and emailed to the Board Secretary.
At the time of filing of the application, but in no event less
than ten (10) days prior to the date set for hearing, the applicant
shall also file all amended plot plans, maps, proposed Exhibits, names
of witnesses, or other papers required by virtue of any provision
of this chapter or any rule of the Planning Board. For applications
for new construction, and for major alterations that are visible from
the public right-of-way(s) on which the property is adjacent, the
applicant shall also provide an architectural rendering or photo simulation
of the streetscape, which shall include the immediately surrounding
dwellings in order to demonstrate the proposed construction in context
with the surrounding neighborhood and block for the siting, size and
scale, rhythm and directional emphasis, building elements and materials
within the block and streetscape.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board as set forth in subsection 16-1.16 when the application has
been certified to be complete by the Planning Board or its authorized
committee or designee. In the event that the Planning Board, its committee
or designee, does not certify the application to be complete within
forty-five (45) days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five (45)
day period for purposes of commencing the applicable time period,
unless:
|
a.
|
The application lacks information indicated on a checklist adopted
by ordinance of the Borough and provided to the applicant.
|
|
b.
|
The Planning Board, or its authorized committee or designee,
has notified the applicant, in writing, of the deficiencies in the
application within forty-five (45) days of submission.
|
|
All such applications shall be on forms provided by the Borough
Planning Board.
| |
[1]
Editor's Note: The Borough Of Allenhurst Planning Board Completeness Checklist For Certificate Of Appropriateness, Major And/Or Variance Application is included as an attachment to this chapter.
[Ord. 10/11/77 § 19; Ord. 11/10/86 § 14; Ord. No. 2007-12]
Any variance from the terms of this chapter hereafter granted
by the Planning Board permitting the erection or alteration of any
structure or structures or permitting a specified use of any premises
shall expire by limitation and become null and void unless such construction
or alterations shall have been actually commenced on each and every
structure permitted by the variance or unless such permitted use has
actually been commenced, within one (1) year from the date of publication
of the notice of judgment or determination of the Planning Board;
except however, that the running of the period of limitation herein
provided, shall be tolled from the date of filing and appeal from
the decision of the Planning Board to the Governing Body, or to a
Court of competent jurisdiction, until determination in any manner
of such appeal or of proceedings. Variances previously granted by
the Zoning Board of Adjustment prior hereto, shall expire in the fashion
herein provided. In the granting of a Certificate of Appropriateness,
a time limit of one (1) year from the date of the Certificate of Appropriateness
approval shall be set within which the owner shall secure a building
permit; otherwise the Certificate of Appropriateness granted shall
be null and void. The Planning Board may for good cause shown at a
hearing before the Planning Board, extend the period for securing
a building permit for an additional period not exceeding six (6) months.
[Ord. 10/11/77 § 26; Ord. 11/10/86 § 19]
Fees for applications or for the rendering of any service of
the Planning Board or any member of their administrative staff shall
be provided for in a subsequent ordinance to be adopted by the Borough
Board of Commissioners. Any existing fee schedules are hereby saved
from repeal, are continued in existence and are hereby incorporated
by reference.
[Ord. 10/11/77 § 27; Ord. 11/10/86 § 20]
a.
Rules. The Planning Board shall make rules governing the conduct
of hearings before it, which rules shall not be inconsistent with
the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq. or of this chapter.
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," C. 38 P.L. 1953 (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, subject to the discretion of the presiding officer
and to reasonable limitation as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Planning Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
e.
Records. The Planning Board shall provide for the verbatim recording
of the proceedings by either a stenographer, mechanical or electronic
means. The Planning Board shall furnish a transcript or duplicate
according in lieu thereof on request thereof to any interested party
at his expense.
[Ord. 10/11/77 § 28; Ord. 11/10/86 § 21]
Whenever a hearing is required of an application for development
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
or pursuant to the determination of the municipal agency in question,
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 ten (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 two hundred
(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:
1.
Serving a copy thereof on the owner as shown on the current tax duplicate,
or his agent in charge of the property; or
2.
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 involving
property located within two hundred (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 paragraph b. to the owners of lands
in such adjoining municipalities which are located within two hundred
(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 shown
on the official map or on the County Master Plan, adjoining other
County lands or situate within two hundred (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 a 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
of property which exceeds one hundred and fifty (150) acres or five
hundred (500) dwelling units. Such notice shall include a copy of
any map or documents required to be on file with the Municipal Clerk
pursuant to Section 6b of C. 291, P.L. 1975.
g.
All notices hereinabove specified in this subsection shall be given
at least ten (10) days prior to the date fixed 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 required to be given pursuant to the
terms of this chapter shall set 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
of which any maps and documents for which approval is sought are available
as required by law.
[Ord. 10/11/77 § 29; Ord. 11/10/86 § 22;
amended 4-14-2023 by Ord. No. 2023-05]
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the Borough Clerk shall, within seven (7) days after receipt of a request therefor, and upon receipt of payment of the fee as established and from time to time amended by subsection 26-8.1, 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 subsection 25-3.22, paragraph b.
[Ord. 10/11/77 § 30; Ord. 11/10/86 § 23]
Each decision on any application for development shall be set
forth in writing as a resolution of the Board which shall include
findings of facts and conclusions based thereon. The Planning Board
shall provide the findings and conclusions through:
a.
A resolution adopted at a meeting and held within the time period
allowed by the Municipal Land Use Law.
b.
A memorializing resolution adopted at a meeting held not later than
forty-five (45) days after the date of the meeting at which the Planning
Board voted to grant or deny approval. Only the members of the Planning
Board who voted for the action taken may vote on the memorializing
resolution and the vote of a majority of such members present at the
meeting at which the resolution is presented for adoption shall be
sufficient to adopt a resolution. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as above provided with those members voting against the motion for
approval being the members eligible to vote on the memorializing resolution.
The vote on any such resolution shall be deemed to be a memorialization
of the action earlier taken by the Planning Board and not to be an
action of the Planning Board; however, the date of the adoption of
the resolution shall constitute the date of the decision for purposes
of the mailing, filings and publications required by the provisions
of N.J.S.A. 40:55D-10.
c.
A copy of the decision shall be mailed by the Planning Board within
ten (10) days of the date of the 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 who have paid the fee prescribed by the Planning Board for service.
A copy of the decision shall also be filed in the office of the Borough
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 Borough.
[Ord. 11/10/86 § 24]
[Ord. 11/10/86 § 25]
A corporation or partnership applying to the Planning Board
for permission to subdivide a parcel of land into six (6) or more
lots, or applying for a variance to construct a multiple dwelling
of twenty-five (25) or more family units, or for approval of a site
to be used for commercial purposes, shall list the names and addresses
of all stockholders or individual partners, owning at least ten (10%)
percent of its stock of any class or at least ten (10%) percent of
the interest in the partnership, as the case may be.
The Planning Board shall not approve the application of any
corporation or partnership which does not comply with this requirement.
[Ord. 11/10/77 § 26]
An appeal to the Planning Board may be taken by any interested
party affected by any decision of the administrative officer of the
Borough based on, or made, in the enforcement of the Zoning Ordinance
or official map. Such appeal shall be taken with-in twenty (20) days
by filing a notice of appeal in the manner set forth in this chapter
and in accordance with provisions of Article IX of the Municipal Land
Use Law.
[Ord. 10/11/77 § 31; Ord. 11/10/77 § 27]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board, without separate charge to
the applicant. The notice shall be sent to the official newspaper
for publication within ten (10) days of the date of any such notice.
[Ord. 10/11/77 § 32; Ord. 11/10/77 § 28]
Pursuant to the provisions of the 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 the application; or if it is shown that taxes or assessments
are delinquent on the property, any approvals or other relief granted
by the Planning Board shall be conditioned upon either the prompt
payment of such taxes or assessments, or the making of adequate provisions
for the payment thereof in such manner that the Borough shall be adequately
protected.
[Ord. 11/10/86 § 30]
All sections of the Zoning Ordinance or any other ordinance
of the Borough which contains provisions contrary to the provisions
of the within chapter shall be and are hereby, to the extent of such
inconsistency, repealed.
[Ord. 11/10/86 § 31]
Pursuant to the provisions of Chapter 291, P.L. 1975, Section
81, the substantive provisions of the existing Zoning Ordinance of
the Borough entitled "An Ordinance of the Borough of Allenhurst Regulating
and Limiting the Uses of Land and the Uses and Location of Buildings
and Structures; Regulating and Restricting the Height and Bulk of
Buildings and Structures and Determining the Area of Yards, Restricting
the Density of Population; Dividing the Borough of Allenhurst into
Districts for Such Purposes; Adopting the Map of said Borough Showing
Boundaries and Classifications of Such Districts and Establishing
Procedures Regarding the Subdivision of Lands and the Applications
for Site Plan Approvals and Prescribing the Penalties for the Violation
of Its Provisions" adopted by the Borough Board of Commissioners on
June 26, 1979, and of the supplements, additions and amendments thereto
and the Development Regulations set forth herein shall continue in
full force and effect and shall be read in para materia with this
chapter.
[Ord. 11/10/86 § 32]
All applications for development filed prior to the effective
date of this chapter and concerning which hearings have been commenced
may be continued but any appeals arising out of decisions made on
any such application shall be governed by the provisions of this chapter.
[Ord. 10/11/77 § 41; Ord. 11/10/86 § 34]
A copy of the within chapter shall be filed with the Monmouth
County Planning Board. Immediately upon adoption of this chapter,
the Municipal Clerk shall file a copy of this chapter with the Monmouth
County Planning Board as required by law.
[Ord. 11/10/86 § 35]
The provisions of this chapter are declared to be severable
and if any section, subsection, sentence, clause or part thereof is
for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or parts
of this chapter.
