[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 § 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.