[2000 Code § 30-21.1; Ord. No.
2572; Ord. No. 2016-54]
The Planning Board previously established is hereby continued
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.),
and shall consist of nine (9) members of the following four (4) classes:
Class I-The Mayor.
Class II-One (1) of the officials of the City other than a member
of the Governing Body to be appointed by the Mayor; provided that
the member of the Environmental Commission, who is also a member of
the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed
to be the Class II Planning Board member if there is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
Class III-A member of the Governing Body to be appointed by
it.
Class IV-Six (6) citizens of the City to be appointed by the
Council. The members of Class IV shall hold no other municipal office.
A member of the Environmental Commission who is also a member of the
Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class
IV Planning Board member.
[2000 Code § 30-21.2]
The term of the member composing Class I shall correspond with
his or her official tenure. The terms of the members composing Class
II and Class III shall be for one (1) year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member, who is also a member of the Environmental Commission.
The term of a Class II or Class IV member, who is also a member of
the Environmental Commission, shall be for three (3) years or terminate
at the completion of his or her term of office as a member of the
Environmental Commission, whichever occurs first.
The term of all other Class IV members shall be four (4) years.
[2000 Code § 30-21.3]
The Planning Board may, upon appointment by the Council, include two (2) alternate members. Alternate members shall meet the qualifications of Class IV membership as provided in § 30-21 of this chapter, except that an alternate member may also be a member of either the Zoning Board of Adjustment or the Board of Education. If both of the alternate members of the Planning Board are also members of either the Zoning Board of Adjustment or the Board of Education, a regular member of the Planning Board, who is also a member of the Environmental Commission, shall be deemed a Class II member of the Planning Board. Alternate members shall be designated at the time of appointment by the Council as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members 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.
No alternate member shall be permitted to act on any matter
in which he/she has either directly or indirectly any personal or
financial interest. An alternate member may, after public hearing
if he or she requests one, be removed by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings
but shall not vote except in the absence or disqualification of a
regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[2000 Code § 30-21.4]
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.
[2000 Code § 30-21.5]
The Planning Board shall elect a Chairman and Vice-Chairman
from the members of Class IV, select a Secretary, who may or may not
be a member of the Planning Board or a City employee, and create and
fill such other offices as established by ordinance.
[2000 Code § 30-21.6]
a.
To make, adopt and amend a Master Plan for the physical development
of the City in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
Approve or deny applications for development in accordance with the
provisions of this chapter.
c.
Approve or deny conditional use applications in accordance with the
provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
d.
Prepare and recommend for adoption an Official Map pursuant to N.J.S.A.
40:55D-32.
e.
Prepare, when authorized by the Governing Body, a capital improvement
program pursuant to N.J.S.A. 40:55D-29.
f.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
g.
Assemble data on a continuing basis as part of a continuous planning
process.
h.
Consider and make a report to the Governing Body within thirty-five
(35) days after referral, as to any proposed development regulation
submitted to the Planning Board pursuant to the provisions of N.J.S.A.
40:55D-26(a), and also to pass upon other matters specifically referred
to the Planning Board by the Governing Body, pursuant to the provisions
of N.J.S.A. 40:55D-26(b).
i.
When reviewing applications for development, to grant to the same
extent and subject to the same restrictions as the Zoning Board of
Adjustment, variances pursuant to N.J.S.A. 40:55D-70(c).
j.
Review and approve or deny site plans or conditional uses simultaneously
with the review for subdivision approval without the applicant being
required to make further application to the Planning Board, or the
Planning Board being required to hold further hearings. The longest
time period for action by the Planning Board, whether it be for subdivision,
site plan or conditional use approval shall apply.
k.
Grant exceptions from all standards and procedures set forth in this chapter for good and sufficient reason, except as follows: (1) any standards or procedures set forth in the Municipal Land Use Law; (2) any standards and procedures set forth in Article VI of this chapter, except as provided in Subsection i. above; (3) exceptions to signs, fences and parking requirements not part of any application for site plan or subdivision approval.
l.
Perform such other advisory duties as are assigned to it by ordinance
or resolution of the Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
[2000 Code § 30-22.1]
The Zoning Board of Adjustment previously established is hereby
continued pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69
et seq., and shall consist of seven (7) residents of the City appointed
by the Governing Body to serve for terms of four (4) years from January
1 of the year of their appointment. The Governing Body shall also
appoint two (2) alternate members. Alternate members shall be designated
by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall
serve in rotation during the absence or disqualification of any regular
member or members. The term of each alternate member shall be two
(2) years.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the City. A vacancy occurring otherwise than
by expiration of term shall be filled for the unexpired term only.
[2000 Code § 30-22.2]
The Board of Adjustment shall elect a Chairman and Vice-Chairman
from its members and shall select a Secretary who may or may not be
a member of the Board or a municipal employee.
[2000 Code § 30-22.3]
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 official based on, or made in the enforcement of Article VI of this chapter.
b.
Hear and decide requests for interpretation of the Zoning Map or Article VI of this chapter, or for decisions upon other special questions upon which the Board is authorized to pass upon by this chapter.
c.
To grant, upon an application or an appeal relating to such property,
a variance from such strict application so as to relieve such difficulties
or hardship where:
1.
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 in this
chapter would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship upon the owner of such property.
2.
In an application or appeal relating to a specific piece of property the purposes of this act 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 this chapter; provided, however, that no variance enumerated in Subsection d below be granted under this §; 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 shall review a request for a variance pursuant to N.J.S.A. 40:55D-60(a).
d.
In particular cases and for special reasons, grant a variance to:
(1) allow a structure or use in a district restricted against such
structure or use; (2) an expansion of a nonconforming use; (3) deviation
from a specification or standard pursuant to a conditional use; (4)
an increase over the maximum permitted floor area ratio; (5) an increase
over the maximum permitted density except as applied to the required
lot area for a lot or lots for detached one- or two-family dwellings
which lot or lots are either an isolated undersized lot or lots 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 § shall
be granted only by affirmative vote of at least five (5) members of
the Board.
No variance or other relief may be granted under the provisions of Subsection d above unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purposes of the zone plan and Article VI of this chapter. Any application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
The Zoning Board of Adjustment shall also have the power to:
e.
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.
f.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
g.
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 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a variance pursuant to Subsection d above. In exercising its power, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the officer from whom the appeal was taken.
[2000 Code § 30-22.4]
Temporary Use Approvals may be authorized by the Board of Adjustment after a hearing for a period not to exceed one (1) year for structures and uses in contravention of this chapter. The Board shall insure that the proposed temporary use or structure will not adversely affect adjacent properties or the character of the neighborhood in which it is located and shall use the criteria for evaluation set forth in Subsection d of § 30-22.3.
[2000 Code § 30-23.1]
No member of the Boards shall act on any matter in which he/she
has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself/herself from acting
on a particular matter, he/she shall not continue to sit with the
Board on the hearing of such matter and not participate in any discussion
or decisions relating thereto.
[2000 Code § 30-23.2]
All members of the Boards shall serve without compensation.
[2000 Code § 30-23.3]
Each Board shall appoint an attorney who shall advise the Board
or Boards during meetings and public hearings regarding this chapter
and the Municipal Land Use Law. The same attorney may be appointed
by both Boards.
[2000 Code § 30-23.4]
Each Board may 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 and grants, the amount appropriated by the Governing Body
for its use.
[2000 Code § 30-23.5]
The Boards shall adopt such rules, regulations and bylaws 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 (N.J.S.A. 2A:67-1 et seq.) shall apply.
[2000 Code § 30-23.6]
a.
Meetings of each Board shall be scheduled at least once a month,
unless canceled for lack of applications.
b.
Special meetings may be provided for at the call of the Chairman
or on 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 majority vote of a quorum except as
otherwise required by any provisions of the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.).
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Act (N.J.S.A. 10:4-6 et
seq.).
[2000 Code § 30-23.7]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons represented by counsel; 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 Board Secretary.
[Added 12-27-2018 by Ord.
No. 2018-39]
If an application is scheduled to be heard, the applicant shall
notify the Board Secretary a minimum of two business days before the
scheduled hearing date if said applicant desires to postpone the hearing,
in writing. In additional, the applicant, at the discretion of the
Chair, is required to have a representative appear before the Board
to state, for the official record, why the postponement is requested.
The Board may, at its discretion, grant the postponement or deny the
application without prejudice. The Board may, at its discretion, require
renotification of the application if a postponement is granted.
[2000 Code § 30-24.1]
Fees for applications or for the rendering of any services by
the Planning Board, Zoning Board and Technical Review Committee, or
any member of their administrative staff shall be stated in this section.
[2000 Code § 30-24.2; Ord. No.
2015-52, Ex. A]
|
Application Type
|
Application Fee
|
Escrow Fee
|
|---|---|---|
|
Appeals and Interpretation
|
$200. for all Applicants
|
$300. for all Applicants
|
|
Conceptual/ Informal Reviews
|
$150. for all Applicants
|
$500. for all Applicants
|
|
Variances (Bulk)
| ||
|
A) Single and Two Family Uses
|
$300.
|
$800. plus $100. per each Variance requested when part of a
major sub-division
|
|
B) Multifamily
|
$300.
|
$800. plus $100. per each Variance requested
|
|
C) Nonresidential
|
$300.
|
$800. plus $100. per each Variance required
|
|
Variances (Use)
| ||
|
A) Single and Two Family Uses
|
$500.
|
$1,200.
|
|
B) Multifamily
|
$500.
|
$1,200. plus $50. per unit
|
|
C) Nonresidential
|
$500.
|
$1,200. plus $100. per 1,000 sq. ft. or fraction thereof over
2,000 sq. ft. gross impervious surface to be developed
|
|
Conditional Use Permit
|
$450.
|
$250. plus $100. per 1,000 sq. ft. or fraction thereof over
2,000 sq. ft. gross impervious surface to be developed
|
|
Subdivision
| ||
|
A) Minor/Sketch Plat
|
$200. plus $50. per lot
|
$750.
|
|
B) Major Subdivision
| ||
|
Preliminary Review
|
$300. plus $50. per lot
|
$1,500. plus $200. per lot
|
|
Final Review
|
$200. plus $25. per lot
|
$500. plus $100. per lot
|
|
Site Plan Review
| ||
|
A) Minor Development
| ||
|
Residential
|
$200
|
$1,000
|
|
Nonresidential
|
$200
|
$1,000
|
|
B) Major Development
| ||
|
(1) Residential Preliminary Review
|
$200. plus $50. per unit
|
$2,000. plus $100. per 1,000 sq. ft. developed gross impervious
surface or fraction thereof over 2,000 sq. ft., plus $200. per dwelling
unit
|
|
Final Review
|
$100. plus $25. per unit
|
$1,000. plus $50. per 1,000 sq. ft. developed gross impervious
surface, or fraction thereof, over 2,000 sq. ft., plus $200. per dwelling
unit
|
|
(2) Nonresidential Preliminary Review
|
$250. plus $50. per 1,000 sq. ft. developed gross impervious
surface, or fraction thereof, over 2,000 sq. ft.
|
$2,000. plus $100. per 1,000 sq. ft. developed gross impervious
surface or fraction thereof over 2,000 sq. ft., plus $200. per 1,000
sq. ft., or fraction thereof, of gross floor area
|
|
Final Review
|
$125. plus $25. per 1,000 sq. ft. developed gross impervious
surface, or fraction thereof, over 2,000 sq. ft.
|
$1,000. plus $50. per 1,000 sq. ft. developed gross impervious
surface, or fraction thereof, over 2,000 sq. ft., plus $100. per 1,000
sq. ft., or fraction thereof, of gross floor area
|
|
C) Conceptual Site Plan Review
|
$100.
|
Cost of professional services to be paid by applicant
|
|
Special Meeting Fee
|
$1,800.
|
$500.
|
|
Plan Amendment
|
$500.
|
$3,000.
|
[2000 Code § 30-24.3; Ord. No.
2015-52, Ex. A]
Fees shall be paid at the time the application is filed and
no application shall be deemed complete until the administrative officer
certifies in writing that all required fees have been paid. In the
event the application is for more than one (1) category of relief
or action, the application and escrow fees shall consist of the sum
of the fees for each category.
[2000 Code § 30-24.4; Ord. No.
2647; Ord. No. 2654; Ord. No. 2015-52, Ex. A]
Any miscellaneous charges or expenses incurred by the Planning
Board or Zoning Board of Adjustment or Technical Review Committee
and not covered by application or professional escrow fees shall be
paid by the applicant.
[2000 Code § 30-24.5; Ord. No.
2589; Ord. No. 2015-52, Ex. A]
Escrow fees shall be deposited at the time an application is
filed for one (1) or more categories listed in this section. The maximum
initial deposit shall consist of an amount not exceeding five thousand
($5,000.00) dollars, except for applications in a redevelopment zone
within the City of Asbury Park (redevelopment application). The initial
escrow amount for such a redevelopment application shall be governed
by the redevelopment agreement in place. Absent such an agreement,
this section shall continue to govern. Applicants shall supplement
the escrow deposit, as required, to cover the costs of professional
services provided in the review of an application.
[2000 Code § 30-24.6; Ord. No.
2647; Ord. No. 2654; Ord. No. 2015-52, Ex. A]
Professional services contemplated hereunder shall include,
but not be limited to the following:
a.
Director of Planning and Redevelopment.
b.
Zoning Officer.
c.
Assistant City Planner.
d.
City Engineer.
e.
City Attorney.
f.
Construction Official.
g.
Attorneys engaged by the Planning and Zoning Boards and Technical
Review Committee.
h.
Professional planners, consultants, and advisors to the Planning
Board, Zoning Board of Adjustment or Technical Review Committee.
i.
Any other professional or consultant hired or engaged by the Planning
Board, Zoning Board of Adjustment or Technical Review Committee to
aid and assist them in reviewing, evaluating and acting upon development
applications, including the hiring of experts for reports and testimony,
if deemed appropriate and necessary.
j.
Professional Court Reporter/Stenographer.
[2000 Code § 30-24.7; Ord. No.
2015-52, Ex. A]
a.
After final disposition of an application by a Board or the Technical
Review Committee and pursuant to follow-up inspections for construction
of required improvements, the professionals involved shall submit
to the administrative officer a detailed statement of services rendered
and the charge thereof. The administrative officer shall review and
verify each statement and send a copy of the requisition for the approved
amount to the applicant by certified mail for review. The applicant
shall file any objection to the charges, and request a hearing in
writing before the Board with which the application was originally
filed, within ten (10) days of receipt of the copy of the requisition.
If no written objection is received within ten (10) days, the requisition
shall be transmitted to the Finance Department for payment out of
the escrow account.
b.
All deposits of escrow funds shall be governed in accordance with
N.J.S.A. 40:55D-53.1.
c.
Any funds not needed for the above purposes shall be returned to
the applicant after final disposition of the approving authority.
d.
In the event that the funds deposited by the applicant are found
to be insufficient to cover the approved professional costs and expenses,
the applicant, upon notice, shall be required to deposit additional
funds in the escrow account so that all such expenses are paid.
[2000 Code § 30-24.8; Ord. No.
2647; Ord. No. 2015-52, Ex. A]
The provisions of this chapter shall not apply to development
applications involving the construction, alteration or expansion of
single and two-family dwellings when such development does not require
relief from the Zoning Board of Adjustment, the Technical Review Committee
or when such development is not part of a planned development.
[2000 Code § 30-29.1]
a.
Rules. The Boards shall make rules governing the conduct of hearings,
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/she
may designate, shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and documents presented by the
parties, and the provisions of the County and Municipal Investigations
Law (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 limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Boards may exclude irrelevant, immaterial or
unduly repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceeding by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript, or duplicate recording in lieu
thereof, on request to any interested party at his/her expense.
f.
Maps and Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least ten (10) days before the date of the hearing during normal
business hours in the offices of the Board Secretary. The applicant
may produce other documents, records, or testimony at the hearing
to substantiate or clarify or supplement the previously filed maps
and documents.
[2000 Code § 30-29.2]
a.
Public Notice. Public notice of a hearing shall be given in the following
cases:
1.
Application for preliminary approval of a major subdivision.
2.
Application which requires a variance, whether before the Planning
Board or Board of Adjustment.
3.
Application for major development approval.
4.
At any other time the Board shall require notice as part of an application,
hearing or other act the Board deems fit for the application to re-notice
in the interest of the public.
[Added 12-27-2018 by Ord.
No. 2018-39]
b.
Public Notice Procedures.
1.
Public notice shall be given by publication in the official newspaper
of the City at least ten (10) days prior to the date of the hearing.
Such notice shall be arranged by the applicant.
2.
Notice shall be given to the owners of all real property located
within two hundred (200) feet in all directions of the perimeter of
the subject property, as shown on the current tax duplicate, whether
such real property is located within or without the City. Such notice
shall be given by: (a) serving a copy thereof on the owner as shown
on the current tax duplicate or his/her agent in charge of the property;
or (b) mailing a copy thereof by certified mail to the property owner
at his/her address as shown on the current tax duplicate. Notice to
a corporate owner may be served 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.
Other Notices Required.
1.
Notices 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 Subsection b of § 30-29.2 to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
2.
Notice shall be given by personal service or certified mail to the
County Planning Board of hearings on applications for development
of property (a) adjacent to an existing or proposed County road shown
on the Official County Map or on the County Master Plan; (b) adjoining
other County land; or (c) situated within two hundred (200) feet of
a municipal boundary.
3.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
4.
Notice shall be given by personal service or certified mail to the
Director of the State and Regional Planning in the Department of Community
Affairs of a hearing on an application for development of property
which exceeds one hundred fifty (150) acres or five hundred (500)
dwelling units. Such notice shall include a copy of any maps or documents
required to be on file with the City Clerk pursuant to N.J.S.A. 40:55D-10(b).
5.
Notice of hearings on the Master Plan, capital improvements program
or Official Map shall be given in accordance with N.J.S.A. 40:55D-13
and N.J.S.A. 40:55D-15, respectively.
d.
Time for Service. All notices hereinabove specified in this section
shall be given at least ten (10) days prior to the date fixed for
hearing.
e.
Method of Service. Any notice made by certified mail as hereinabove
required shall be deemed as complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
f.
Form of Notice. All required notices shall state the date, time and
place of the hearing, the nature of the matters to be considered and
identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Tax Assessor's office. The notice
shall indicate the location and times at which any maps and documents
for which approval is sought may be reviewed by the public. If the
application for development includes consideration of a conditional
use, the hearing notice shall include reference to the conditional
use.
g.
List of Property Owners Furnished. Pursuant to the provision of N.J.S.A. 40:55D-12(c), the Tax Assessor, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars shall make and certify a list from the current tax duplicate of names and addresses of owners in the City to whom the applicant is required to give notice pursuant to Subsection b2 of § 30-29.2. The applicant shall also supply to the Tax Assessor at the time of request a map showing all properties and current Tax Map information for the subject property and all properties within two hundred (200) feet of the perimeter of the subject property. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
[2000 Code § 30-30]
a.
Each decision on any application for development shall be set forth
in writing within forty-five (45) days of a decision as a resolution
of the Board which shall include findings of fact and legal conclusions
based thereon.
b.
A copy of the resolution shall be mailed by the Secretary of the
Board within ten (10) days of its adoption to the applicant or, if
represented, then to his/her attorney, without separate charge. A
copy of the resolution shall also be mailed to all persons who have
requested it and who have paid the fee prescribed for such service.
A copy of the resolution shall also be filed in the Office of the
City Clerk, who shall make a copy of such filed resolution 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 City.
c.
A brief notice of every final decision shall be published in the
official newspaper of the City. Such publication shall be arranged
by the applicant unless otherwise advised by the Board Secretary.
If the Board Secretary arranges for the publication of the notice
of decision, it shall be done without further charge to the applicant.
Notice of decision shall be sent to the official newspaper for publication
within ten (10) days of the date of any such decision.
[2000 Code § 30-31]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application submitted to the Planning Board or to
the Zoning Board of Adjustment shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property. Any approvals or other relief granted by either Board
may be conditioned upon either the prompt payment of such taxes or
assessments, or the making of adequate provision for the payment thereof
in such a manner that the City will be adequately protected.
[2000 Code § 30-32]
a.
In the event that a developer submits an application proposing a
development that is barred or prevented, directly or indirectly, by
a legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare, the Planning
Board or Zoning Board of Adjustment shall approve such application
conditioned on removal of such legal barrier to development.
b.
In the event that, during the period of approval heretofore or hereafter
granted to an application, the developer is barred or 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 court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with the development, the running of the
period of approval under this article shall be suspended for the period
of time the legal action is pending or such directive or order is
in effect.
c.
In the event that the development proposed by an application requires
an approval by a governmental agency other than the Planning Board
or Zoning Board of Adjustment, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency. The Board shall make a decision on any application within
the time period provided in this chapter or within an extension of
such period as has been agreed to by the applicant unless the Planning
Board is prevented or relieved from so acting by the operation of
law.
[2000 Code § 30-33]
In every case where relief or action is requested from either
the Planning Board or Zoning Board of Adjustment, the time period
specified by statute (N.J.S.A. 40:55D-1 et seq.) shall not commence
until the application is deemed complete by the Administrative Officer.
The Board and an applicant may mutually agree to extend the time limit
specified for action. Such extension shall be made for a specific
period of time and be indicated in the minutes of the meeting.
[2000 Code § 30-38]
The Mayor and City Council may adopt or amend any or all of
the provisions of this chapter and shall be responsible for the following
additional elements:
a.
Adopt a capital improvements program in accordance with N.J.S.A.
40:55D-29.
b.
Refer to the Planning Board, prior to adoption, any proposed development
regulation, revision, or amendment thereto in accordance with N.J.S.A.
40:55D-26.
c.
In accordance with the procedures set forth in N.J.S.A. 40:55D-17,
the City Council may hear and decide any appeal of a final decision
of the Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70.
d.
Refer to the Planning Board, prior to the expenditure of public funds,
any capital project for review and recommendation in conjunction with
the Master Plan or any of its supplements pursuant to N.J.S.A. 40:55D-31.
e.
Appoint such Class III members, Class IV members and alternates to
the Planning Board as are required by N.J.S.A. 40:55D-23 and members
and alternates to the Zoning Board of Adjustment pursuant to N.J.S.A.
40:55D-69.
[2000 Code § 30-39.1; amended 12-27-2018 by Ord. No. 2018-39]
The Development Coordinator shall be the City Planner. The Development
Coordinator shall officially receive all applications for development,
determine if they are complete, and, if not, notify the applicant
of deficiencies. The Development Coordinator, in consultation with
the Zoning Officer, shall determine which local board, official or
agency has jurisdiction over the application and the Development Coordinator
shall forward copies to federal, state and local agencies required
or requested to review the application.
[2000 Code § 30-39.2]
a.
A Development Review Committee may be established by appointment
of the Chairman of the Planning Board. The Development Review Committee
shall be chaired by the Development Coordinator and shall include
at least one (1) Class IV member of the Planning Board and may include
a Class I, II, or III member, a member of the public or any other
Municipal, County or State Official whose particular expertise may
be required on a specific application.
b.
A quorum of three (3) members of the Development Review Committee
shall be required to take action or make a recommendation on an Application
for Development.
c.
The Development Review Committee shall have the following responsibilities:
1.
Determine whether the application is a minor or major development
application.
2.
Determine compliance with the technical standards set forth in Article V, and other provisions of this chapter.
3.
Make recommendations on the design and technical elements of any
application.
4.
Recommend to the Planning Board, in the case of site plans, waiver
of these requirements if the proposed development had secured previous
site plan approval, involves normal maintenance or replacement such
as painting or siding, or does not affect existing drainage, circulation,
landscaping, lighting, signs and other considerations of site plan
review.
5.
Upon waiver of public hearing and referral to the Committee for recommendation
by the Planning Board, the Development Review Committee may recommend
approval with conditions, or denial of any application which it deems
to be a minor development. Such action by the Committee shall not
be final until it is ratified by the affirmative vote and resolution
of memorialization of the full Board.
[2000 Code § 30-39.3]
The Zoning Enforcement Officer shall review all Applications
for Development to ensure they meet the requirements of this chapter
except for those sections where another official is specifically given
enforcement or administrative responsibilities. The Zoning Enforcement
Officer shall in no case, except upon a written order of the Boards
or the Governing Body, approve the issuance by the Construction Official
of any permit or certificate for the erection, structural alteration
or occupancy of any building or land where the proposed erection,
structural alteration or use thereof would be in violation of any
of the provisions of this chapter. If a violation of this chapter
is found to exist, the Zoning Enforcement Officer shall serve notice
upon the owner, and if the violation is not corrected within a reasonable
period, shall issue a complaint to terminate the violation before
the Municipal Judge.
[2000 Code § 30-39.4; amended 12-27-2018 by Ord. No. 2018-39]
The Board Engineer, as defined in this chapter, shall be responsible
for the following provisions of this chapter:
a.
Review all engineering plans accompanying Applications for Development
referred by the Boards, Development Review Committee or Development
Coordinator.
b.
Inspection, when requested by either Board, of improvements constructed
or installed as part of any Application for Development other than
those which are the responsibility of the Construction Official.
c.
Certification, when necessary, before acceptance, that all such improvements
meet applicable City Codes and ordinances.
[2000 Code § 30-40.1]
All complaints regarding alleged violations of this chapter
must be addressed in writing to the Zoning Enforcement Officer. Each
complaint shall include the name and address of the plaintiff. The
Zoning Enforcement Officer will investigate the nature of the complaint
and, if an inspection is deemed necessary, the Zoning Enforcement
Officer shall contact the property owner in writing, stating the nature
of the complaint, an inspection of the property in question is warranted,
including the date and time of the inspection.
The property owner and/or tenant shall honor requests for access
for the purpose of investigating potential zoning violations, and
shall provide access within seventy-two (72) hours of being contacted
by the Zoning Enforcement Officer. Where a property owner refuses
to grant access for the purposes of investigating potential zoning
violations, the Zoning Enforcement Officer may seek the issuance of
a warrant from the Superior Court of New Jersey.
Any reported violation of this chapter which is deemed an immediate
threat to the life or safety of individuals shall be reported directly
to the Police Department.
Where a violation is openly visible, the Zoning Enforcement
Officer shall contact the property owner and proceed with the appropriate
measures to insure that the violation is corrected.
[2000 Code § 30-40.2]
a.
If it is determined that there has been a violation of this chapter,
the Zoning Officer shall serve written notice of violation upon the
owner and/or tenant of the property where such violation is alleged
to have occurred. If the violation is not abated within a reasonable
period, as stipulated in the notice of violation, the Zoning Officer
shall issue a summons to appear before the Municipal Court Judge.
Only one (1) notice of violation shall be required to cover a violation
of any single section of this chapter by any single individual and
summonses may be issued without notice for repeat offenses.
b.
At the option of the Zoning Officer, after authorization by the City
Manager, an injunction, issued by the Superior Court of Monmouth County,
may be sought to enforce the closure or cessation of a use, activity
or operation found to be in violation of this chapter, pursuant to
N.J.S.A. 40:55D-18.
c.
In the case of a violation involving a dwelling unit created without
authorization under this chapter, the abatement required by the Zoning
Officer shall include, but may not be limited to, the removal of the
kitchen, inclusive of cooking facilities and facilities for the washing
and storage of food and utensils.
[2000 Code § 1-5.1; Ord. No. 2597; Ord. No. 2767]
For violation of any provision of this Code or other ordinance
of the City of Asbury Park, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be by one (1) or more of the
following: imprisonment in the County Jail or in any place provided
by the municipality for the detention of prisoners, for any term not
exceeding ninety (90) days; or by a fine not exceeding two thousand
($2,000.00) dollars; or by a period of community service not exceeding
ninety (90) days.
Whenever a fine is to be imposed in an amount greater than one
thousand two hundred fifty ($1,250.00) dollars for violations of housing
or zoning codes the owner shall be provided a thirty (30) day period
during which the owner shall be afforded the opportunity to cure or
abate the condition and shall be afforded the opportunity for a hearing
before the Court for an independent determination concerning the violation.
Subsequent to the expiration of the thirty (30) day period, a fine
greater than one thousand two hundred fifty ($1,250.00) dollars may
be imposed if the Court has determined that the abatement has not
been substantially completed. (N.J.S.A. 40:49-5)
[2000 Code § 30-40.4]
a.
General. If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which City approval is required, such person shall be subject
to a penalty not to exceed one thousand ($1,000.00) dollars and each
lot disposition so made may be deemed a separate violation.
b.
Specific Relief. In addition to the foregoing, the City may institute
and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a Certificate of Compliance has not been issued
in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his/her assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two (2) years after the date of the recording of the
instrument of transfer, sale or conveyance of the land or within six
(6) years, if unrecorded as set forth in N.J.S.A. 40:55D-55.
[2000 Code § 30-40.5]
It shall be the responsibility of an applicant to maintain and
enforce all conditions required by the Boards in granting approval
of an Application for Development as set forth in the resolution of
approval, or on the site plan or subdivision plat submitted as part
of the application. Failure to do so shall be considered a violation
of this chapter.
[2000 Code § 30-40.6]
A Zoning Permit may be revoked by the Zoning Enforcement Officer
for the following reasons:
[2000 Code § 30-40.7]
Any person aggrieved by any decision or action of the Zoning
Enforcement Officer may appeal such decision or action to the Zoning
Board of Adjustment, within twenty (20) days of the decision or action.
The Zoning Board of Adjustment, after public hearing, may uphold,
modify, or reverse the decision or action thus appealed.
