[Ord. No. 28-90; Ord. No. 2-97]
There is hereby established pursuant to c. 291 P.L. 1974 in the Borough of Keyport a Planning Board of nine members. As provided by N.J.S.A. 40:55D-25, the Keyport Planning Board shall also exercise, to the same extent and subject to the same restrictions, all the powers of the Zoning Board of Adjustment. The nine members of the Planning Board shall consist of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the municipality other than a member of the governing body to be appointed by the Mayor; provided that if there is an Environmental Commission, 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 for purposes of this section in the event that there be among the Class IV or alternate members of the Planning Board a member of the Board of Education.
Class III. A member of the governing body to be appointed by it.
Class IV. Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purposes of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
The Mayor shall also appoint two alternate members who shall meet the qualifications of Class IV members of the nine member Planning Board. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
Class I and Class III members shall not participate in the consideration of applications for development which request as relief the granting of a variance to allow departure from regulations to permit:
a. 
A use or principal structure in a district restricted against such use or principal structure;
b. 
An expansion of a nonconforming use;
c. 
Deviation of a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use;
d. 
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4); and
e. 
An increase in the permitted density as defined in Section 3.1 P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
Alternate members may participate in discussions of the proceedings but may 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.
[Ord. No. 28-90]
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission whichever comes first.
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
The term of all Class IV members first appointed pursuant to this Article shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the governing body, provided however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until, the completion of the term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
[Ord. No. 28-90]
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. No. 28-90]
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. No. 28-90]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Municipal Attorney.
[Ord. No. 28-90]
The Planning Board may also employ or contract for the services of experts and other staff and services 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. No. 28-90; Ord. No. 2-97]
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and from time to time amend a master plan for the physical development of the Borough including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Borough in accordance with the provisions of C. 40:55D-28.
b. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the Municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, C. 40:55D-1 et seq.
c. 
To approve conditional use applications in accordance with and pursuant to N.J.S.A. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
e. 
To assemble data on a continuing basis as part of a continuous planning process.
f. 
To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
g. 
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of C.40:55D-26 (a), and also pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of 40:55D-26 (b).
h. 
When reviewing applications for approval of subdivision plats, site plan or conditional uses, to grant to the same extent and subject to the same restrictions as a Zoning Board of Adjustment as provided in N.J.S.A. 40:55D-1 et seq.
1. 
Variances pursuant to subsection 57c of Chapter 291 Laws of N.J. 1975 from lot area, lot dimensional, setback and yard requirements: provided that such relief from lot area requirements shall not be granted for more than one lot.
2. 
Direction pursuant to Section 25 of said act for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section 23 of said act.
3. 
Direction pursuant to Section 27 of said act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
i. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body or other agencies or officers.
[Ord. No. 28-90]
a. 
Conditional uses, as enumerated, shall be permitted upon approval of the Planning Board.
1. 
Applications. The application shall be filed with the Secretary of the Planning Board and shall include information with respect to the following:
(a) 
Traffic and pedestrian patterns and circulation.
(b) 
Permanent and temporary building layout.
(c) 
Recreation areas.
(d) 
Site drainage.
(e) 
Sewer disposal facilities.
(f) 
Lighting.
(g) 
Signs.
(h) 
Air and sound pollution.
2. 
Required findings by the Planning Board. Prior to recommending granting and conditional use permit the Planning Board shall require the conditional use requested meets the following minimum general criteria:
(a) 
The use is a conditional use set forth herein.
(b) 
The use will be compatible with adjoining development and the general character proposed for the district in which it is to be located.
(c) 
The use will not cause substantial injury to the value of the property in the neighborhood in which it is to be located.
(d) 
The use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
(e) 
Adequate off-street parking and/or loading are provided in compliance with the provisions of this Article ingress and egress are so designed as to cause a minimum of interference with traffic or abutting streets.
(f) 
Adequate screening and landscaping are provided.
(g) 
The use conforms to all applicable regulations governing the district in which it is to be located.
(h) 
The tract on which the building or structure is proposed to be erected shall be adequately drained and so certified by the Municipal Engineer.
3. 
Review.
(a) 
After receipt the Planning Board shall hear the application in the said manner and under the same procedure as it is empowered by law and ordinance to hear conditional or special permit uses under N.J.S.A. 40:55D-67. After a public hearing, the Planning Board may grant or deny the conditional use including site plan review based upon the facts of each case and such other criteria, conditions and safeguards as may be imposed by the Planning Board in order to secure the general objectives of the Article, and the health, safety and general welfare of the municipality.
(b) 
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article 6 of the Land Use Law. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. See N.J.S.A. 40:55D-67 (L. 1975, c. 291, § 54a). Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the application, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(c) 
The Board shall grant or deny the application within 95 days of submission of a complete application by the developer to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.
[Ord. No. 28-90]
a. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
b. 
Preliminary approval of major subdivision. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission of a completed application or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
c. 
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 25-3 of this Article, the Planning Board shall grant or deny approval of the application within 95 days after submission of the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d. 
Final approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Ord. No. 28-90]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of C. 291 P.L. 1975 shall be filed with the Secretary of the Planning Board. Applicant shall file at least 14 days before the date of the monthly meeting of the Board 10 copies of a sketch plat, three copies of application for minor subdivision approval, three copies of application for major subdivision approval or three copies of an application for site plan review, conditional use approval, or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this Article or any rule of the Planning Board. The applicant shall also obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[Ord. No. 28-90]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. No. 28-90]
The Mayor may appoint one or more persons as a Citizen 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. No. 28-90]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Article. 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.
[1]
Editor's Note: Former Subsections 25-3-14 through 25-3-18, pertaining to Zoning Board of Adjustment, previously codified herein and containing portions of Ord. No. 28-90, were repealed in their entirety by Ord. No. 2-97, Sections 8 to 12.
[Ord. No. 28-90; Ord. No. 2-97]
a. 
Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall also carry out all of the functions and duties carried out by a Zoning Board of Adjustment. Accordingly, the powers of the Planning Board shall incorporate those provided in accordance with N.J.S.A. 40:55D-69, et seq., and amendments and supplements thereto, and with the provisions of this Article.
b. 
It is further the intent of this Article to confer upon the Planning Board as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action, or proceeding before the Board, to interpret and construe the provisions of this or any term, clause, sentence, or work hereof, and the zoning map, in accordance with the general rules of construction applicable to legislative enactments.
[Ord. No. 28-90; Ord. No. 2-97]
a. 
Appeals to the Planning Board may be taken by any person aggrieved, or interested party affected by any decision of the administrative officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Planning Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
b. 
Applications addressed to the original jurisdiction of the Planning Board without prior application to an administrative officer, shall be filed with the Secretary of the Planning Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps, or other papers required by virtue of any provisions of this Article or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
c. 
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Planning Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall be stayed otherwise than by a restraining order which may be granted by the Planning Board or by the Superior Court of New Jersey on the application or notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. No. 28-90; Ord. No. 2-97]
In exercising the above mentioned power, the Planning Board may, in conformity with the provisions of C. 291, P.L. 1975 or amendments thereto or subsequent statutes applying reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from, and make such other requirement, decision, or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[Ord. No. 28-90; Ord. No. 2-97]
Any variance from the terms of this Article 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 unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the 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 an appeal from the decision of the Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Ord. No. 28-90; Ord. No. 2-97]
The Planning Board shall have such powers as are granted by law to:
a. 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
b. 
Hear and decide requests for interpretation of the map of Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
c. 
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, 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; provided, however, that no variance shall be granted under this paragraph to allow a structure of use in a district restricted against such structure or use; and further provided 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 the subsection 47a of the Municipal Land Use Law of 1975, Chapter 291 P.L. 1975. (N.J.S.A. 40:55D-70(c)).
d. 
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.
e. 
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. An application under this section may be referred to any appropriate person or agency for its report provided that such reference shall not exceed the period of time within which the Planning Board shall act.
[Ord. No. 28-90; Ord. No. 2-97]
The Planning Board shall in addition to the powers specified in subsection 25-3-23 of this Article have power given by law to:
a. 
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.
b. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
[Ord. No. 28-90; Ord. No. 2-97]
The Planning Board shall render its decision not later than 120 days after the date:
a. 
An application is taken from the decision of an administrative office, or
b. 
The submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70(b).
Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Ord. No. 28-90; Ord. No. 2-97]
a. 
Conflicts of Interest. No member of the Planning Board shall act on any matter in which he has either 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.
b. 
Meetings.
1. 
Meetings of the Planning Board shall be so 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 or for the lack of quorum.
2. 
Special meetings may be provided for at the call of the Chairman or on the request of any two board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
3. 
No action shall be taken at any meeting without a quorum being present.
4. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provisions of C. 291 Laws of N.J. 1975. (See N.J.S.A. 40:55D-9(a)).
5. 
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, Laws of N.J. 1975. An executive session for the purpose of discussion and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
c. 
Minutes. 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 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 Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in 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.
d. 
Fees. Fees for application or for the rendering of any service by the Planning Board or any member of its administrative staff which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board and copies of said rules or of the separate fee schedule shall be available to the public.
e. 
Hearings.
1. 
Rules. The Planning Board may make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this Article.
2. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have 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" P.L. 1053, C. 1938 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
3. 
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.
4. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
5. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript of duplicate recording in lieu thereof on request to any interested party at his expense.
f. 
Notice requirements for hearing. Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice there as follows:
1. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of hearing.
2. 
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 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 applicant's land is located. Such notice shall be given by:
3. 
Serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or
4. 
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.
g. 
Notice of all hearings on applications for development involving property located within 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 25-3-26 paragraph f, 2 of this Article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
h. 
Notice shall be given by personal service or certified mail to the County Planning Board or a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County map or on the County master plan, adjoining other County land or situate within 200 feet of a municipal boundary.
i. 
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.
j. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of C. 291 Laws of N.J. 1975 (N.J.S.A. 40:55D-10).
k. 
All notices hereinabove specified in this section shall be given at least 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.
l. 
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.
m. 
Form of notice. All notices required to be given pursuant to the terms of this Article 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 Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
n. 
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12(c), administrative officer of the municipality shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, 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 Article III, subsection 25-3-26 paragraph f, 2 of this chapter.
o. 
Decisions.
1. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.
2. 
A copy of the decision shall be mailed by the Board within 10 days of the date of 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 and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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 municipality.
p. 
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
q. 
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development 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 such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals, or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Ord. No. 28-90; Ord. No. 2-97]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance, or official map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in N.J.S.A. 40:55D-17a. through c.
[1]
Editor's Note: Former subsection 25-3-28, Appeals from Zoning Board of Adjustment to Governing Body, previously codified herein and containing portions of Ord. No. 28-90, was repealed in its entirety by Ord. No. 2-97.
[Ord. No. 28-90]
a. 
Definitions of terms. Whenever a term is used in this Article which is defined in Chapter 291, Laws of N.J. 1975, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this Article.
b. 
Repeals. All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Service Ordinance or any other ordinance of the Borough of Keyport which contains provisions contrary to the provisions of this Article shall be and are hereby repealed (to the extent of such inconsistency).
c. 
Ordinance continued. Pursuant to the provisions of C. 291 Laws of N.J. 1975, Section 81, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the Borough of Keyport and the development regulations set forth therein continue in full force and effect and shall be read in para materia with this Article.
d. 
Pending applications. All applications for development filed prior to the effective date of this Article may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of this chapter.
e. 
This Article shall be known and may be cited as "The Land Use Procedures Ordinance of the Borough of Keyport."
f. 
Effective date.[1] This Article shall take effect upon final adoption and publication according to law.
[1]
Editor's Note: This Article was adopted October 9, 1990 by Ordinance No. 28-90 and became effective pursuant to law.
g. 
Copy to be filed with County Planning Board. Immediately upon adoption of this Article the Municipal Clerk shall file a copy of this Article with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinance.
[Added 2-6-2018 by Ord. No. 3-18; amended 9-2-2025 by Ord. No. 12-25]
a. 
Purpose. A Technical Review Committee shall be established to facilitate the review process for potential applicants and to assist the Unified Planning Board in their review of all applications for development or other requests presented to the Board.
b. 
Membership. The Committee shall be comprised of the Zoning Officer, Fire Official, Planning Consultant, Land Use Board Engineer, Planning Board Attorney, the Borough Administrator, and other such officials as may be appropriate depending on the nature of the proposed application.
c. 
Responsibilities. The Committee shall have the following responsibilities:
1. 
To meet with developers to provide technical and design comments on approved projects prior to construction.
2. 
To determine compliance with the technical standards set forth in this chapter.
3. 
To make recommendations on the design and technical element of any application.
4. 
To recommend to the Board and the applicant whether an environmental impact statement or financial impact statement should be required.
5. 
To provide such assistance to the applicant as may be needed to facilitate the efficient use of the land use approval process.
d. 
Application. Participation in the Technical Review Process is voluntary. Applicants who are interested in participating shall file an application on forms supplied by the Planning Board Secretary and pay a fee of $1,000 to cover costs associated with the Borough professionals and staff review.