[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).
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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.
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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.
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[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.
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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.
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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:
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).
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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.
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[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."
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]
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,
Construction Official, Fire Official, Planning Consultant, Borough
Engineer, Planning Board Attorney, Planning Board Secretary, Technical
Assistant to the Construction Official, 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 construction office and pay a fee of $1,000
to cover costs associated with the Borough professionals and staff
review.
