[Ord. No. 1992-32 § 3.1; Ord. No. 1993-44 § 1; Ord. No. 1994-20 § 3; Ord. No. 1995-07 §§ 1-3; Ord. No. 1996-16 § 2; Ord. No. 2001-07; Ord.
No. 2004-03; Ord. No. 2004-21 § 1; Ord. No. 2012-17 § 2; Ord. No. 2017-14]
a.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates:
Class I. The Mayor or the Mayor's designee.
Class II. One of the officials of the Borough other than the
Mayor or a member of the Board of Commissioners 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 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 or alternate members.
Class III. A member of the Borough Council to be appointed by
it.
Class IV. Six other citizens of the Borough to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment except that one member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission
if there be an Historic Preservation Commission and one 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.
40:56A-1 shall be a Class IV Planning Board member unless there be
among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or 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 purpose 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.
Alternates. The Mayor shall also appoint two alternate members
who shall meet the qualifications of Class IV members. Alternate members
shall be designated by the Mayor at the time of appointment as "Alternate
No. 1 and Alternate No. 2."
b.
Terms. The term of the member composing Class I shall correspond
to his/her 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 Zoning
Board of Adjustment or the Board of Education shall terminate whenever
he/she is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
N.J.S.A. 40:55D-23 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 Borough Council, 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.
The terms of alternate members shall be two years, except that
the terms of the alternate members shall be such that the term of
not more than two alternate members 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.
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 absence of
a regular member(s), alternate members shall be chosen to vote in
descending numerical order, i.e., Alternate No. 1 then Alternate No.
2.
c.
Prohibited Action by Board Members. No member or alternate member
of the Planning Board shall be permitted to act on any matter in which
he/she has, either directly or indirectly, any personal or financial
interest.
1.
Lack of Quorum. If the Planning Board lacks a quorum because any
of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b
or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's
personal or financial interests therein, regular members of the Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority of
continuous service to the Board of Adjustment until there are the
minimum number of members necessary to constitute a quorum to act
upon the matter without any personal or financial interest therein,
whether direct or indirect. If a choice has to be made between regular
members of equal seniority, the Chairman of the Board of Adjustment
shall make the choice.
d.
Vacancies. 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 only.
e.
Removal. Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Borough Council for cause.
f.
Organization of Board. 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.
g.
Planning Board Attorney. 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 Borough Attorney. The Board
shall not expend an amount, exclusive of gifts or grants, in excess
of the amount appropriated by the Borough Council for its use.
h.
Expenses, Experts and Staff. The Borough Council shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board. The Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Planning Board shall not, however, exceed, exclusive gifts or
grants, the amount appropriated by the Borough Council for its use.
i.
Powers and Duties. The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall
apply. The Planning Board shall have the following powers and duties:
1.
To prepare, and after public hearing, adopt or amend a master plan
or component parts thereof, to guide the use of lands within the Borough
in a manner which protects public health and safety and promotes the
general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
59.
3.
To grant exceptions from certain requirements for subdivision and
site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions
of this chapter and pursuant to N.J.S.A. 40:55D-67.
5.
To consider and make report to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report
shall include identification of any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
master plan and recommendations concerning these inconsistencies and
any other matters as the Board deems appropriate. The Borough Council
when considering the adoption of a development regulation, revision
or amendment thereto, shall review the report of the Planning Board
and may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reasons for not following such recommendation. Failure of the
Planning Board to transmit its report within the thirty-five-day period
provided herein shall relieve the Borough Council from the requirements
of this subsection in regard to the proposed development regulation,
revision or amendment thereto referred to the Planning Board. Nothing
in this section shall be construed as diminishing the application
of the provisions of N.J.S.A. 40:55D-32 to any official map or an
amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning
ordinance or any amendment or revision thereto.
6.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
7.
To assemble data on a continuing basis as part of a continuing planning
process.
8.
To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29.
9.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c), from lot area,
lot dimension, setback and yard requirements.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 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 C. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 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.
|
10.
Review of capital projects pursuant to N.J.S.A. 40:55D-31.
11.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other Borough bodies, agencies, or officers.
12.
The Borough Council may, by ordinance, provide for the reference
of any matters or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority hereon. Whenever the Planning Board shall have made a recommendation
regarding a matter authorized by ordinance to another municipal body,
such recommendation may be rejected only by a majority of the full
authorized membership of such other body.
13.
The Planning Board shall, at least once a year, review its decision
on applications and appeals for variances and prepare and adopt by
resolution a report on its findings on zoning ordinances provisions
which were the subject of variance requests and its recommendations
for zoning ordinances amendment or revision, if any. The Planning
Board shall send copies of the report and resolution to the Borough
Council.
14.
The powers conferred upon the Planning Board, its members and officials
shall not include the power to act on behalf of, or grant permits,
certificates or other similar approvals, for other State, County or
local authorities, boards and/or commissions, such as the local Alcoholic
Beverage Control Board, Building Department or similar agencies. Any
permits, certificates or other similar approvals granted by the Planning
Board, its members and officials shall not be deemed to constitute
an approval by any other authority, board and/or commission.
j.
Citizens Advisory Committee. The Mayor may appoint one or more persons
as a Citizens Advisory Committee to assist or collaborate with the
Planning Board in its duties, but such person or persons shall have
no power to vote or take other action required by the Board. Such
person or persons shall serve at the pleasure of the Mayor.
k.
Environmental Commission. 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.
l.
Simultaneous Review. The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer 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, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer, notice of the hearing on the plat
shall include reference to the request for such conditional use.
m.
(Reserved)
n.
Periodic Reexamination. Pursuant to N.J.S.A. 40:55D-89, the Borough
Council shall, at least every six years, provide for a general reexamination
of the Borough Master Plan and Land Use and Development Regulations
by the Planning Board which shall prepare and adopt by resolution
a report on the findings of such reexamination, a copy of which report
and resolution shall be sent to the Monmouth County Planning Board
and the Municipal Clerks of each adjoining municipality. A reexamination
shall be completed at least once every six years from the previous
reexamination.
o.
Site Plan Advisory Review Board. Pursuant to N.J.S.A. 40:55D-39,
the chairperson of the Planning Board may appoint a Site Plan Review
Advisory Board. The Site Plan Committee shall consist of at least
two Board members along with technical and other staff members such
as the Municipal Planner and/or Engineer as deemed appropriate. The
purpose of the Site Plan Committee is to review, comment, and make
recommendations with respect to site plan applications, and to perform
other duties conferred on this Committee by the Board through a motion
duly adopted and recorded.
The Site Plan Advisory Board shall have authority in accordance with Subsection 40-2.4 applicable to exempt development and Subsection 40-7.3e to approve an application for the redevelopment and/or reconstruction of any structure destroyed, in total or in part, by reason of wind, fire, water incursion, exposure or other act of God, or public enemy, provided that such redevelopment and/or reconstruction shall be limited to the extent of the previous development and/or nonconformity. In reviewing applications, the Site Plan Advisory Board shall be permitted to grant relief set forth within Subsection 40-3.1i9 and Subsections 40-3.2f1 and 40-3.2j1(c) and (d). Relief granted under this provision shall expire by limitation unless construction or alterations have been actually commenced on each and every structure approved within 12 months from the date of entry of the decision of approval.
When deciding on a matter involving a minor site plan pursuant
to N.J.S.A. 40:55D-46.1, only those members of the Site Plan Committee
who are members or alternates of the Board having jurisdiction to
act may vote.
[Ord. No. 2004-21 § 1]
a.
Establishment; Composition. A Zoning Board of Adjustment is hereby
established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven
regular members and four alternate members who shall be residents
of the Borough and shall be appointed by the Mayor. Alternate members
shall be designated at the time of appointment by the authority appointing
them as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and
"Alternate No. 4." The term of each regular member shall be four years;
and the term of each alternate member shall be two years. No member
may hold any elective office or position under the Borough of Belmar.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. 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 and, if unavailable or ineligible,
then Alternate No. 2 in seriatim for Alternate No. 3 and Alternate
No. 4 if in turn each is unavailable or ineligible.
b.
Officers. The Zoning Board of Adjustment shall elect a Chairman and
Vice Chairman from its members and shall also select a Secretary,
who may or may not be a Board member or municipal employee.
c.
Attorney. There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint
and fix the compensation of or agree upon the rate of compensation
of the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Borough Attorney.
d.
Experts and Staff. The Zoning Board of Adjustment may also 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 or grants, the amount
appropriated by the Mayor and Council for its use.
e.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
f.
Powers.
1.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto,
and with the provisions of this chapter.
2.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, but not by way of limitations,
the authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter
or any term, clause, sentence or word hereof and the Zoning Map in
accordance with the general rules of construction applicable to legislative
enactments.
3.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship. The powers and duties of the Board having
been delegated to and impressed upon it by statute, the Board shall
in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1
et seq., or subsequent statutes in such case made and provided, and
it shall from time to time furnish to any person requesting the same
a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
g.
Appeals and Applications.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department, board or bureau of the Borough of Belmar
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 the notice with the Secretary of the
Board of Adjustment. The notice of appeal shall specify the grounds
for the appeals. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the records upon
which the action appealed from was taken.
2.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
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 chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. 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.
3.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment 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
not be stayed otherwise than by order of the Superior Court of New
Jersey on notice to the office from whom the appeal is taken and on
due cause shown.
h.
Power to Reverse or Modify Decisions. In exercising the above-mentioned
power, the Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., 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.
i.
Expiration of Variance.
1.
Any variance from the terms of this chapter hereafter granted by
the Board of Adjustment permitting the erection or alteration of any
structure or structures permitting a specified use of any premises
shall have been actually commenced on each and every structure permitted
by the variance or unless such permitted use has actually been commenced,
within nine months from the date of entry of the judgment or determination
of the Board of Adjustment or within such greater limit up to a maximum
of 15 months as the Board of Adjustment shall grant upon a showing
of good cause made by the applicant; except, however, that the running
of any period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the Board of Adjustment
to the governing body or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
2.
In the case of a bifurcated application for variance which also requires
approval of a subdivision, or site plan, the separate application
for subdivision, or site plan, shall be filed with the Board of Adjustment
within the initial nine-month period or such variance shall be deemed
to have expired.
3.
If the separate application for subdivision or site plan approval
is granted, and N.J.S.A. 40:55D-49 or 52 grants rights to the application
for a longer period of time, then the variance previously granted
shall remain in effect concurrent with the rights granted to the application
under such State law.
j.
Powers Granted by Law.
1.
The Board of Adjustment 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 regulations of this chapter.
(b)
Hear and decide requests for interpretation of the zoning map
or zoning provisions of this chapter adopted pursuant to N.J.S.A.
40:55D-62 through 68, or for decisions upon other special questions
upon which such Board is authorized by this chapter to pass.
(c)
Grant, upon an application or an appeal, relief from regulations
pursuant to N.J.S.A. 40:55D-70D, where:
(1)
The strict application of such regulation would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon the developer of a property for any of the following
reasons:
(i)
By reason of exceptional narrowness, shallowness or shape of
the specific piece of property or,
(ii)
By reason of exceptional topographic conditions
or physical features uniquely affecting the specific piece of property
or,
(iii)
By reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon; and
(2)
The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced
by a deviation from the Zoning Chapter requirements and the benefits
of the deviation would substantially outweigh any detriment.
(d)
Grant, upon an application or an appeal, in particular cases
and for special reasons by affirmative vote of at least five members,
a variance to allow departures from regulations pursuant to N.J.S.A.
40:55D-62 through 68 to permit the following:
(1)
A use or principal structure in a district restricted against
such use or principal structure.
(2)
An expansion of a nonconforming use.
(3)
Deviation from a specification or standard pertaining solely
to a conditional use.
(4)
An increase in the permitted floor area ratio.
(5)
An increase in the permitted density except as applied to the
required lot area for a lot or lots for detached one or two dwelling
unit buildings which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision.
(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.
|
If an application for development requests one or more variances
but not a variance for a purpose enumerated in Subsection j13(d) of
this subsection, the decision on the requested variance or variances
shall be rendered under Subsection j13(c) of this subsection.
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(e)
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.
k.
Additional Powers.
1.
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection j, 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-35 for
a building or structures not related to a street.
2.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of the Municipal Land Use Law, 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 use variance pursuant to Subsection 40-3.2j1(d) of this chapter.
3.
The Board of Adjustment shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt a
resolution reporting its findings on zoning provisions which were
the subject of variance requests and its recommendations for zoning
amendments or revisions, if any. The Board of Adjustment shall send
copies of the report and resolution to the Governing Body and Planning
Board.
l.
Time Limit for Decision. The Board of Adjustment shall render its
decision not later than 120 days after the date that an application
is taken from the decision of an administrative officer or not later
than 120 days after the date of the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70b. 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.
[1]
Editor's Note: Former Subsection 40-3.2, Combined Planning
Board and Zoning Board of Adjustment, previously codified herein and
containing portions of Ordinance Nos. 1992-32; 1994-20, 1995-07 and
2001-07 was repealed by Ordinance No. 2004-21 which reestablished
the Zoning Board of Adjustment.
[Ord. No. 1992-32 § 3.3; Ord. No. 2001-37; Ord.
No. 2004-03; Ord. No. 2006-04 § 8; Ord. No. 2006-03 § V]
a.
Meetings.
1.
Every Municipal Agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the Municipal Agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
2.
The Municipal Agency may provide for special meetings, at the call
of the Chairman, or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All action shall be taken by a majority vote of members of the Municipal
Agency present at the meeting except as otherwise required by N.J.S.A.
40:55D-32, -34, -62, -63 and Subsections -17e, -26a and b and -70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for governing bodies.
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 Meeting Law, N.J.S.A. 10:4-6 et
seq.
6.
An executive session for the purpose of discussing and studying any
matters to come before the agency shall not be deemed a regular or
special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
b.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Municipal Agency and of the persons appearing by attorney, the
action taken by the Municipal Agency, 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 Borough Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceedings
concerning the subject matter of such minutes. Such interested party
may be charged a reasonable fee for reproduction of the minutes in
an amount sufficient to cover the cost of such reproduction of the
minutes for his/her use.
c.
Hearings.
1.
Required Hearings: The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
2.
Rules for Conducting Hearings: The Planning Board and Board of Adjustment
shall 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 this chapter.
3.
Filing of Documents: Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Administrative Officer (Planning Board
or Board of Adjustment 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.
4.
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,
N.J.S.A. 2A:67A-I et seq. shall apply.
5.
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.
6.
Evidence: Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
7.
Verbatim Recording: The Municipal Agency shall provide for the verbatim
recording of the proceedings by either a stenographer or by mechanical
or electronic means. The Municipal Agency shall furnish a transcript
or duplicate recording in lieu thereof, on request to any interested
party at his/her expense; provided that the Borough Council may provide
by chapter for the municipality to assume the expense of any transcripts
necessary for approval to the Board of Commissioners pursuant to N.J.S.A.
40:55D-17 of decisions by the Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the
ordinance.
8.
Transcript Charge: The Municipal Agency in furnishing a transcript
of the proceeding to an interested party at his/her expense shall
not charge such interested party more than the maximum permitted in
N.J.S.A. 2A:11-15 as amended. Said transcript shall be certified in
writing by the transcriber to be accurate.
9.
Voting Eligibility: A member or alternate member of a Municipal Agency
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his or her absence from one or more
of the meetings; provided, however, that such Board member or alternate
member has available to him or her the transcript or recordings of
all of the hearing from which he or she was absent, and certifies
in writing to the Municipal Agency that he or she has read such transcript
or listened to such recording.
d.
Notice Requirements for Hearing. Whenever public notice of a hearing
is required on an application for development, the applicant shall
give notice thereof at least 10 days prior to the date of the hearing
in accordance with the following:
1.
Public notice of a hearing on an application for development shall
be given for all of the following:
2.
Public notice shall be given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the Borough.
3.
Notice of a hearing requiring public 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 provided that this requirement
shall be deemed satisfied by notice to the condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or (2) horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the
owner as shown on the current tax duplicate or his/her agent in charge
of the property, or (2) mailing a copy thereof by certified mail to
the property owner at his/her address as shown on the said 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.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners, or homeowners
on account of such common elements or areas.
4.
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 to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
5.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications 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 situated within 200 feet of a municipal boundary.
6.
Notice shall be given by personal service or certified mail to the
Commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a State
highway.
7.
Notice shall be given by personal service or certified mail to the
State Planning Commission of any 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 Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
8.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan in this chapter, requiring public notice pursuant to Subsection 40-3.3d1 above, shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land or any facility or that possess a right-of-way or easement situated within 200 feet in all directions of the property which is the subject of such hearing. In addition to any notification requirement otherwise imposed under this chapter, an applicant seeking approval of a development which does not require notice as provided above, shall be required to provide notice, by personal service or certified mail, to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this section.
9.
The applicant shall file an affidavit of proof of service with the
Municipal Agency holding the hearing on the application for the development
in the event that the applicant is required to give notice pursuant
to N.J.S.A. 40:55D-12 and of this chapter.
10.
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.
11.
Form of Notice: All notices required to be given pursuant to the
terms of this chapter 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 Borough Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
13.
List of Property Owners Furnished: Upon the written request of an
application, the Borough Clerk shall, within seven days, make and
certify a list from said current tax duplicates of names and addresses
of owners to whom the applicant is required to give notice pursuant
to this chapter. 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.
A fee shall be charged for such list.
14.
For any application involving property which contains a liquor license,
in addition to any other notice requirements, notice must be given
to the Mayor and Council of the Borough of Belmar care of the Clerk
of the Borough of Belmar, P.O. Box A, Belmar, NJ 07719 as the local
Alcoholic Beverage Control Board by certified mail return receipt
requested at least 10 days prior to the hearing.
e.
Decisions. Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon.
1.
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable
time period for taking action on the application for development;
or
(b)
A resolution adopted at a meeting held not later than 45 days
after the date of the meeting at which action to grant or deny approval
was taken memorializing said action.
(c)
Where the agency fails to adopt a resolution, any interested
party may apply to Superior Court in a summary manner for an order
compelling the agency to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
2.
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion
to approve an application those members voting against the motion
for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the
action taken shall be eligible to vote on the resolution.
3.
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization
of the action of the agency and not to be an action of the agency.
(b)
The vote of a majority of those eligible members who are present
at the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings, and
publications required.
4.
Copies of the decision shall be distributed by the Administrative
Officer (Planning Board or Board of Adjustment Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision
to the applicant, or if represented then to his attorney, without
separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer
and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a
reasonable fee in an amount sufficient to cover the cost of such copy.
5.
A brief notice of the decision shall be published in the official
newspaper(s) of the Borough.
(a)
Such publication shall be arranged and proof of publication
shall be obtained by the Administrative Officer (Planning Board or
Board of Adjustment Secretary). Nothing herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The period of time in which an appeal of the decision
may be made shall run from the first publication of the notice whether
arranged by the Borough or the applicant.
(b)
Such notice shall be published within 30 days of the date of
decision, or 20 days of the date of mailing of a copy of the decision
by the Administrative Officer (Planning Board or Board of Adjustment
Secretary), whichever is later, or within such other appropriate period
as may be determined by the Municipal Agency at the time of decision.
(c)
Failure to publish as herein required shall render any approvals
null and void.
f.
Appeals from the Zoning Board of Adjustment. Any interested party
may appeal to a court of competent jurisdiction any final decision
of the Zoning Board of Adjustment approving an application pursuant
to N.J.S.A. 40:55D-70d.
[Amended 6-5-2019 by Ord. No. 2019-18]
g.
Conditional Approvals.
1.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Municipal Agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and, if such application for development complies with
the provisions of this chapter, the Municipal Agency shall approve
such application conditioned on removal of such legal barrier to development.
2.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the Municipal
Agency, the Municipal Agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Municipal Agency shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:55D-1 et seq. or within an extension of such period as
has been agreed to by the applicant unless the Municipal Agency is
prevented or relieved from so acting by the operation of law. All
approvals involving property that contains a liquor license shall
be conditioned upon review and approval by the Belmar Borough Council
as the local Alcoholic Beverage Control Board.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
4.
The Municipal Agency may impose such other conditions as it deems
appropriate.
5.
In all cases the Municipal Agency shall include a condition of approval
setting forth the time within which all conditions of approval must
be satisfied by the applicant. Failure of the applicant to meet all
conditions of approval within the time specified or within such extensions
thereof as the Municipal Agency may, from time to time, grant upon
the request of the applicant shall render any approvals null and void.
6.
Tolling of Running of Period of Approval. In the event that, during
the period of approval heretofore or hereafter granted to an application
for development, 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 other party to protect the public health
and welfare or by a directive or order issued 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 said development, the running of
the period of approval shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
h.
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 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 which is the subject of such
application; or if it is shown that taxes or assessments are delinquent
on the property, any approvals or other relief granted by either 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.
i.
Time for Decision. After the date an appeal is taken from the decision
of a municipal officer or the submission of a complete application
for development to the Administrative Officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one type of application is involved, the longer time
period shall apply.
|
Type of Application
|
Time Period
(days)
|
|---|---|
|
Site Plans
|
45
|
|
Minor
|
45
|
|
Preliminary Approval
(10 acres or less, 10 units or less)
|
45
|
|
Preliminary Approval
(More than 10 acres or 10 units)
|
95
|
|
Final Approval
|
45
|
|
Subdivisions
| |
|
Minor
|
45
|
|
Preliminary Approval
(10 lots or less)
|
4
|
|
Preliminary Approval
(More than 10 lots)
|
95
|
|
Final Approval
|
45
|
|
Conditional Use Authorization
|
95
|
|
Variance
|
120
|
|
Appeal from the decision of a municipal officer
|
120
|
|
Final Approval
|
45
|
|
Direction for issuance of a building permit
|
120
|
j.
Separation of Applications. A developer whose proposed development
requires a variance or direction of the issuance of a permit may elect
to submit a separate application requesting the variance or direction
of the issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan, or conditional use. The separate
granting of the variance or direction of the issuance of a permit
shall be conditioned upon the granting of all required subsequent
approvals by the same approving authority. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan. The number of votes of the
Board members required to grant any such subsequent approval shall
be as otherwise provided for the approval in question, and any special
vote shall not be required. In the event that the developer elects
to submit separate consecutive applications, the time period for granting
or denying each separate application shall be as provided in Subsection
I above.
k.
Time for Exercise of Variance. Any variance from the terms of any
ordinance hereafter granted permitting the erection or alteration
of any building, 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 the variance, or unless such permitted use
has actually been commenced with 12 months from the date of entry
of the decision provided, however, that the running of the period
of limitation herein provided shall be suspended from the date of
filing and appeal from the decision to the Borough Council or to a
court of competent jurisdiction until the termination in any manner
of such appeal or proceeding. Where the variance is part of a subdivision
or site plan approval, the period of limitation shall coincide with
the approval specified in Article 4.
[Ord. No. 1992-32 § 3.4; Ord. No. 2004-03]
a.
Development Permit.
1.
Development Permits shall hereafter be secured from the Zoning Officer
prior to:
(a)
Application for and/or issuance of any Building Permit except
for minor work or ordinary repairs as defined in the Uniform Construction
Code;
(b)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure;
(c)
Application for and/or issuance of any permit for a new or expanded
or relocated sign;
(d)
Application for and/or issuance of any permit for erection of
a fence;
(e)
Any change in use or change in non-residential occupancy;
(f)
The excavation, removal, or addition of soil or fill to or from
any site exceeding 10 cubic yards or any alteration exceeding 5,000
square feet in the natural condition of any undeveloped parcel of
land including but not limited to the alteration of drainage patterns,
removal of soil, regrading, and removal of trees and ground cover
provided, however, that such alterations located on and necessary
to the operation of a farm as defined in this Chapter shall not require
a development permit;
(g)
Any use of any portion of any parcel of land for any activity
regulated by this Chapter;
(h)
The construction of any site improvement either above or below
ground;
(i)
The issuance of any Certificate of Occupancy where no Building
Permit was previously required.
2.
An application for Development Permit shall be in writing by the
owner or his/her authorized agent and include the following unless
the administrative officer determines that a particular item is not
needed in order to make a decision.
(a)
A statement of the use or intended use or uses of the building,
structure or land.
(b)
An elevation drawn to scale of the building or structure to
be erected including signs to be placed thereon and their content
and manner of construction.
(c)
A plan drawn to scale showing all proposed and/or existing buildings,
signs, parking areas, setbacks, and yard distances in exact location
to street and lot lines.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
3.
The Administrative Officer (Zoning Officer) shall take action on
a complete application for a development permit within 10 days of
its submission.
4.
Prior to issuance of a Development Permit, the applicant shall have,
where applicable, secured other required permits including, but not
limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of
Environmental Protection and Energy.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from
the New Jersey Department of Environmental Protection and Energy.
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection and Energy.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection and Energy.
(g)
Waterfront development permit from the New Jersey Department
of Environmental Protection and Energy.
(h)
Required permits from the U.S. Army Corps of Engineers and U.S.
Coast Guard.
(i)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection and Energy.
(j)
Land disturbance permit from the Freehold Area Soil Conservation
District.
(k)
Floodplain encroachment permit.
(l)
Approval of the Belmar Borough Council as the local Alcoholic
Beverage Control Board.
5.
Prior to the issuance of a Development Permit, the applicant shall
have secured all approvals required by this chapter and shall have
met any and all conditions of any Municipal Agency.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative
Officer for issuance of a certificate certifying whether or not such
subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name and the owner thereof.
2.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as "Certificate as to Approval
of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Borough a duly established Planning
Board and whether there is an ordinance controlling subdivision of
and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board, and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
by N.J.S.A. 40:55D-1 et seq.
4.
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him/her a reasonable fee in accordance
with the fee schedule.
5.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by such certificates of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the Borough pursuant to the provisions of N.J.S.A.
40:55D-55.
6.
If the Administrative Officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the Borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the Borough Clerk shall be deemed
to be addressed to the proper designated officer and the Borough shall
be bound thereby to the same extent as though the same was addressed
to the designated official.
c.
Construction Permit.
1.
No Construction Permit shall be issued unless the applicant shall
have first secured a Development Permit.
2.
No building or structure shall be erected, added to, or structurally
altered until a permit thereon has been issued by the Construction
Official. All applications for such permits shall be in accordance
with the requirements of the New Jersey State Uniform Construction
Code. (N.J.S.A. 5:23-2.14)
d.
Certificate of Occupancy.
1.
Development Permit Required: No Certificate of Occupancy shall be
issued for the use of any building, structure or land unless a Development
Permit shall have first been issued for the use of such building,
structure, or land.
2.
Uses and Occupancies after the Effective Date of this Chapter: No
building, structure or land shall be occupied or used until such time
as a Certificate of Occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner,
prospective occupant, or purchaser only after the Construction Official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the Uniform Construction Code and other codes and ordinances
affecting construction and occupancy.
Temporary Certificate of Occupancy may be issued pursuant to
the provisions of this chapter for any structure or use for which
site plan approval has been secured, but not all conditions of approval
have been complied with.
3.
Existing Uses at the Time of Passage of this Chapter or any Amendments
Thereto: The prospective purchaser, prospective mortgagee, or any
other person interested in any land or structure may apply in writing
for the issuance of a certificate certifying that the use or structure
legally existed before the adoption of the ordinance or the amendment
and certifying the extent and kind of use. The applicant shall have
the burden of proof. Application pursuant hereto shall be made to
the Zoning Officer within one year of the adoption of the chapter
or the amendment or at any time to the Board of Adjustment and shall
be accompanied by the established fee. A denial by the Zoning Officer
shall be appealable to the Board of Adjustment pursuant to N.J.S.A.
40:55D-72 et seq.
4.
Change of Nonresidential Occupancy: Whenever there occurs a change
in the occupancy or use of a nonresidential building, structure or
land, a new Certificate of Occupancy shall be applied for, to ensure
compliance with all applicable codes and ordinances. The Construction
Official may issue such certificate if the Administrative Officer
determines such change in occupancy is not a "Change in use" and that
the applicant has met the requirements of the applicable regulations.
5.
Scope of Certificate of Occupancy: The Certificate of Occupancy shall
contain sufficient information as to the extent and kind of use or
uses, such that any future investigation of the premises would disclose
the extent to which a use was altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
6.
Improvement Required: No permanent Certificate of Occupancy shall
be issued until all required improvements have been installed in accordance
with the provisions of this chapter. A temporary Certificate of Occupancy
may be issued to permit occupancy for a period not to exceed one year.
If at the end of that period the required improvements have not been
completed, the occupancy permit becomes null and void and the owner
may be subject to the penalties herein defined by this chapter.
e.
Soil Erosion and Sediment Control Plan Certification. Where required,
a Soil Erosion and Sediment Control Plan Certification shall be obtained
from the Freehold Area Soil Conservation District prior to subdivision
or the erection of any structure or the alteration of the existing
grade on any lot. No such certification shall be valid until a Development
Permit shall have first been issued for the subdivision, building,
structure or use.
[Ord. No. 1992-32 § 3.5]
a.
It shall be the duty of the Administrative Officer or his/her designee
to keep a record of all applications, all actions of the municipal
agencies, all complaints, all violations noted and a record of any
action taken thereon and all Development permits issued together with
a notation of all special conditions involved. He/she shall file and
safely keep all copies of all plans submitted, and the same shall
form a part of the records of his/her office and shall be available
for the use of the Borough Council and of other officials of the Borough.
b.
The Administrative Officer or his/her designee shall prepare a monthly
report for the Borough Council, summarizing for a period since his/her
last previous report all Development Permits issued and all complaints
of violations and the action taken by him/her consequent thereon.
A copy of each such report shall be filed with the Borough Administrator,
Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement
Officer, Construction Official and Engineer at the same time it is
filed with the Borough Council.
[Ord. No. 1992-32 § 3.6]
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred by this chapter, and as reasonably implied.
In no case shall a Development Permit be granted for a subdivision
or the construction of or alteration of any building or site where
the proposed construction, alteration or use thereof would be in violation
of any provisions of this chapter. It shall be the duty of the Zoning
Officer or his/her designee to cause any building, plans or premises
to be inspected or examined and to order in writing the remedying
of any conditions found to exist in violation of this chapter, and
the Officer shall have the right to enter any buildings or premises
during the daytime, or other normal business hours of the premises,
in the course of performing these duties.
[Ord. No. 1992-32 § 3.7]
In the application and interpretation of this chapter, all provisions
hereof shall be held to be minimum standards or requirements adopted
for the promotion of the public health, safety, convenience, and general
welfare of the Borough. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive of those imposing
the higher standard shall govern.
[Ord. No. 1992-32 § 3.8]
Chapter 19, Development, of the Revised General Ordinance is hereby repealed in its entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided, and, except that any Building Permit, variance, Special Use Permit, Occupancy Permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
[Ord. No. 1992-32 § 3.9]
a.
For any and every violation of the provisions of this chapter, the
applicant, subdivider, developer, owner, general agent or contractor
of a building or premises where such violation has been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, shall for each and every day
that such violation continues, be subject to a fine of not more than
$1,000 or be imprisoned for a term not exceeding 90 days, or both.
b.
It shall be a violation of the provisions of this chapter to:
1.
Engage in any of the activities referred to in Article 3, Subsection 40-3.4a prior to issuance of a Development Permit.
4.
After approval of a Development Permit, fail to follow, during construction,
the approved site or subdivision plans and/or observe any and all
conditions of approval contained in any resolution of the Municipal
Agency.
5.
Fail to observe the provisions of Article 7.
6.
Fail to observe any direction of the Zoning Officer or his/her designee
with regard to the suspension of any work not in conformance with
approved plans or the conditions of any resolution of the Municipal
Agency or of the Development Permit.
7.
Fail to observe any direction of the Zoning Officer or his/her designee
with regard to the correction, including any time limits imposed for
such correction, of any work not in conformance with the approved
plans or the conditions of any resolution of the Municipal Agency
or of the Development Permit.
8.
After completion of a development, fail to operate and maintain the
site in conformance with the approved plans, any condition of resolution
of the Municipal Agency or of the Development Permit and/or any of
the provisions or applicable design standards set forth in Articles
7, 8, and 9 of this chapter.
|
The above shall not be construed to be an exhaustive list of
those activities or actions or omissions which constitute violations
of this chapter. Engaging in other activities prohibited by, or failure
to engage in other activities required by, this chapter shall also
be considered violations.
|
c.
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 municipal approval is required by this chapter pursuant to N.J.S.A.
40:55D-1 et seq., such person shall be subject to a penalty not to
exceed $1,000 and each lot so made may be deemed a separate violation.
In addition to the foregoing, the Borough 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 provided a Certificate as to the approval of subdivision
has not been issued in accordance with this chapter.
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 years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
d.
If, after final approval, it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
Municipal Agency or the Borough Council may, in addition to such other
sanctions as are available in the law, revoke the approval of any
plat and proceed as if final approval had not been obtained.
e.
If the developer or agent of the developer shall, after notification
by certified mail from the Zoning Officer or Borough Engineer to cease
the construction of improvements, cease the use of certain construction
methods and procedures, or cease the use of or lack of use of site
maintenance methods and procedures which may result in hazards to
life, health or property; continue to carry on the activities specifically
included in cessation order(s) from the Zoning Officer or Borough
Engineer; then any such developer or agent of such developer shall
be subject to a fine not to exceed $500 or to imprisonment for not
more than 90 days. Each and every day that a developer or agent of
a developer operates in violation of this chapter after issuance of
a cessation order shall be considered a separate and specific violation.
[Ord. No. 1992-32 § 3.10]
All amendments to this chapter and to the Zoning Map, which
forms a part hereof, shall be adopted in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map
and schedule of area, yard and building requirements may be amended
and supplemented by description and reference thereto, without republication
of the entire map or detailed test of the schedule.
a.
Protest of Amendments. A protest against any proposed amendment or
revision of a zoning ordinance may be filed with the Borough Clerk,
signed by the owners of 20% or more of the area either (1) of the
lots or land included in such proposed change, or (2) of the lots
or land extending 200 feet in all directions therefrom inclusive of
street space, whether within or without the Borough. Such amendment
or revision shall not become effective following the filing of such
protest except by the favorable vote of 2/3 of all the members of
the governing body of the Borough.
[Ord. No. 1992-32 § 3.11]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
[Ord. No. 1992-32 § 3.12]
b.
If the provisions of this chapter cause there to be a change in the
classification of a pending application, or require additional variances
or result in greater deviations from the standards for a pending variance
application, the pending application shall not be acted upon and shall
be considered denied and the Administrative Officer shall so notify
the applicant. The applicant shall submit a new application, subject
to all the provisions of this chapter.
c.
If the provisions of this chapter require additional design exceptions
or waivers or create greater deviations from standards for a pending
design waiver or exception application, the pending application shall
not be acted upon and shall be considered denied, and the Administrative
Office shall so notify the applicant. However, the pending application
may be continued, provided: (i) the applicant submits within 30 days
of the effective date of this chapter an amended application including
a statement justifying the waiver or exception and (ii) the Board
shall act within 60 days of the effective date of this chapter or
within the time limits originally applicable to the pending application,
whichever is later.
d.
All approvals granted after the effective date of this chapter shall
confer upon the applicant all the rights set forth in this chapter.
[Ord. No. 1992-32 § 3.13]
Upon adoption of this chapter, and any amendments, the Borough
Clerk shall file a copy with the Monmouth County Planning Board as
required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment
or revision which in whole or in part is inconsistent with or not
designed to effectuate the land use plan element and housing plan
element of the master plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
Monmouth County Planning Board.
[Ord. No. 1992-32 § 3.14; Ord. No. 1993-34 § 1; Ord. No. 1993-36 § 2; Ord. No. 1993-37 § 1; Ord. No. 2010-10 § I; Ord. No. 2011-12 § 1; Ord. No. 2018-02; Ord.
No. 2018-10; 5-7-2019 by Ord. No. 2019-16; 10-20-2020 by Ord. No. 2020-37]
The developer shall, at the time of filing an application, pay
a nonrefundable fee to the Borough of Belmar by cash, certified check,
or bank draft in accordance with the current fee schedule adopted
by the Borough Council on file in the Borough Clerk's office. The
fee to be paid shall be the sum of the application fees for the component
elements of the plat or plan plus the refundable application escrow
fee. Proposals requiring a combination of approvals such as subdivision,
site plan, and/or variance, shall pay a fee equal to the sum of the
fee for each element.
|
a.
|
Application for development zoning permit
|
Fees to be set by resolution
| ||||
|
b.
|
Minor subdivision approval
| |||||
|
1.
|
Application Fee
|
$400
| ||||
|
c.
|
Major Subdivision Approval
| |||||
|
1.
|
Preliminary Application Fee
|
$400
| ||||
|
2.
|
Final Plat Application Fee
|
$300
| ||||
|
d.
|
Minor Site Plan Approval
| |||||
|
1.
|
Application Fee
|
$1,000
| ||||
|
e.
|
Major Site Plan Approval
| |||||
|
1.
|
Preliminary Application Fee
|
$2,000
| ||||
|
2.
|
Other Uses
|
$500
| ||||
|
3.
|
Final Approval
|
$750
| ||||
|
f.
|
Variances.
| |||||
|
1.
|
Appeals (N.J.S.A. 40:55D-70a)
|
$250
| ||||
|
2.
|
Interpretation of the Zoning Regulations or map (N.J.S.A. 40:55D-70b)
|
$250
| ||||
|
3.
|
Hardship or bulk variance N.J.S.A. (40:55D-70c)
|
$200/residential
$400/commercial
| ||||
|
4.
|
Use Variance ( N.J.S.A. 40:55D-70d)
| |||||
|
(a)
|
Proposed single and/or 2-family residential uses
|
$300
| ||||
|
(b)
|
Other than a above uses with floor areas totaling 5,000 square
feet or less
|
$450
| ||||
|
(c)
|
Uses other than a above with floor areas totaling 5,000 square
feet or more
|
$650
| ||||
|
5.
|
Building permit in conflict with official map or building permit
for lot not related to a street (N.J.S.A. 40:55D-34, 40:55D-35)
|
$250
| ||||
|
g.
|
Conditional Uses.
|
$350
| ||||
|
h.
|
Public Hearing.
| |||||
|
1.
|
For those development applications which require public notice
and hearing
|
$50
| ||||
|
2.
|
Informal concept review
|
$500
| ||||
|
i.
|
Reproduction of Records.
Duplication of tape recordings
|
$75/meeting
| ||||
|
j.
|
Change of Master Plan or Zone Request Application.
| |||||
|
1.
|
Single-family residential to other Single-family residential
|
$200
| ||||
|
2.
|
Single-family residential to non-single-family residential
|
$400 plus $25/acre for each acre
| ||||
|
k.
|
Environmental Impact Statement (EIS).
| |||||
|
For those development applications which require review of an
EIS
|
$200
| |||||
|
List of property owners furnished
|
$0.25 per name or $10, whichever is greater
| |||||
|
l.
|
(Reserved)
| |||||
|
m.
|
Extension of Major Site Plan or Subdivision Protection
|
$250
| ||||
|
1.
|
Extension of Minor Site Plan or Subdivision Protection
|
$50
| ||||
|
n.
|
Amended Major Site Plan or Subdivision
|
$500
| ||||
|
1.
|
Amended Minor Site Plan or Subdivision
|
$100
| ||||
|
o.
|
Classification (required on all subdivisions)
|
None
| ||||
|
p.
|
Special Meetings.
|
$1,000
| ||||
|
q.
|
Refundable Application Escrow Fees. The fees required by this
subsection shall be for the purpose of reimbursing the Borough for
direct fees, costs, charges and expenses made by the professional
consultants retained by or on behalf of the Borough and/or its boards,
commissions or agencies in reviewing, testifying and/or assisting
the Borough in the evaluation, planning and proper design of municipal
services and facilities necessary to accommodate the present or anticipated
needs of a proposed development. All escrow funds must be paid by
the date of hearing and as provided herein.
| |||||
|
1.
|
An applicant shall be responsible to reimburse the municipality
for:
| |||||
|
(a)
|
All expenses of professional personnel incurred and paid by
it necessary to process an application for development or a change
of the master plan or development ordinance before a Municipal Agency,
such as, but not by way of limitation:
| |||||
|
(1)
|
Charges for reviews by professional personnel of applications
and accompanying documents;
| |||||
|
(2)
|
Issuance of reports by professional personnel to the Municipal
Agency setting forth recommendations resulting from the review of
any documents submitted by applicant;
| |||||
|
(3)
|
Charges for any telephone conference or meeting requested or
initiated by applicant, his attorney or any of his experts;
| |||||
|
(4)
|
Review of additional documents submitted by applicant and issuance
of reports relating thereto;
| |||||
|
(5)
|
Review or preparation of easements, developers' agreements,
deeds, or the like;
| |||||
|
(6)
|
Preparation for and attendance at special meetings.
| |||||
|
(b)
|
The cost of expert advice or testimony obtained by the Municipal
Agency for the purpose of corroborating testimony of applicant's experts;
provided that the Municipal Agency gives prior notice to applicant
of its intention to obtain such additional expert advice or testimony
and affords applicant an opportunity to be heard as to the necessity
for such additional advice or testimony and definition of the limitations
on the nature and extent thereof.
| |||||
|
2.
|
The term "professional personnel" of "professional services"
as used herein shall include the services of a duly licensed engineer,
surveyor, planner, attorney, realtor, appraiser or other expert who
would provide professional services to insure an application meets
performance standards set forth in the ordinance and other experts
whose testimony is in an area in which the applicant has presented
expert testimony.
| |||||
|
3.
|
No plat or site plan shall be signed, nor shall any zoning permits,
building permits, certificates of occupancy or any other types of
permits be issued with respect to any approved application for development
until all bills for reimbursable services have been received by the
municipality from professional personnel rendering services in connection
with such application and payment has been approved by the governing
body unless applicant shall have deposited with the Municipal Clerk
an amount sufficient to cover all reimbursable items; and upon posting
said deposit with the Municipal Clerk the appropriate maps or permits
may be signed and released or issued to the developer. If the amount
of the deposit exceeds the actual cost as approved for payment by
the governing body, the developer shall be entitled to a return of
the excess deposit, together with such interest as allowed by N.J.S.A.
40:55D-53.1; but if the charges submitted and approved by the governing
body exceed the amount of the deposit, the developer shall be liable
for payment of such deficiency.
| |||||
|
4.
|
No professional personnel submitting charges to the municipality
for any of the services referred to in Subsection 40-3.1m1 of this
chapter shall charge for any of the services contemplated by that
subsection at any higher rate or in any different manner than would
normally be charged the municipality for similar work as ascertained
by the professional's contract of employment with the municipality
or by provisions of the municipal salary ordinance. Payment of any
bill rendered by a professional to the municipality with respect to
any service for which the municipality is entitled to reimbursement
under this chapter shall in no way be contingent upon receipt of reimbursement
by developer, nor shall any payment to a professional be delayed pending
reimbursement from a developer.
| |||||
|
5.
|
Escrow deposits received from any developer pursuant to this
chapter shall be deposited in a banking institution or savings and
loan association in this State which is insured by an agency of the
Federal government, or in any other fund or depository approved for
such deposits by the State, in an account bearing interest at the
minimum rate currently paid by the institution or depository on time
or savings deposits. The municipality shall notify the applicant in
writing of the name and address of the institution or depository in
which the deposit is made and the amount of the deposit. The municipality
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to him/her by the municipality annually or at the
time the deposit is repaid or applied to the purposes for which it
was deposited, as the case may be; except that the municipality may
retain for administrative expenses a sum equivalent to no more than
33 1/3% of that entire amount, which shall be in lieu of all
other administrative and custodial expenses.
| |||||
|
6.
|
The amount of the escrow deposit shall be reasonable in regard
to the scale and complexity of the development. All payments charged
to the deposit shall be pursuant to vouchers from the professionals
stating the hours spent, the hourly rate and the expenses incurred.
The Borough shall render a final written accounting to the developer
on the uses to which the deposit was put. Thereafter the Borough shall,
upon written request, provide copies of the vouchers to the developer.
If salary, staff support and overhead for a professional are provided
by the Borough, the charge to the deposit shall not exceed 200% of
the sum of the products resulting from multiplying (1) the hourly
base salary of each of the professionals by (2) the number of hours
spent by the respective professional on review of the application
for development or the developer's improvements, as the case may be.
For other professionals the charge to the deposit shall be at the
same rate as all other work of the same nature by the professional
for the Borough.
| |||||
|
7.
|
Development applications involving residential and nonresidential
construction will be subject to all escrow determined by adding the
residential and nonresidential components shown below:
| |||||
|
Residential Subdivision
|
Escrow
|
|---|---|
|
0-8 Units or Lots
|
$2,000
|
|
9 or more Units or Lots, 0-8 fee plus
|
$200 per Unit or Lot
|
|
Minor Site Plan
|
$1,600
|
|
Major Site Plan
|
$6,000
|
|
Bulk Variance/Use
|
$750
|
|
Variance/Conditional Use, flat fee, to encompass all such variances
requested
|
|
Commercial Development
|
|
NOTE: Use the greater of the escrow amounts determined by calculating
both floor area and parking space amounts from the tables below. Select
only one escrow amount, that being the higher of the two tables.
|
|
Based on Gross Floor Area
|
Escrow
|
|---|---|
|
0 to 1,000 Square Feet, GFA
|
$900
|
|
1,001 to 10,000 Square Feet, GFA
|
$1,800
|
|
10,000 to 50,000 Square Feet, GFA
|
$6,000
|
|
50,001 to 100,000 Square Feet, GFA
|
$8,000
|
|
100,000 + Square Feet, GFA
|
$10,000
|
|
Based on Parking Spaces
|
Escrow
|
|---|---|
|
0 to 5 spaces
|
$900
|
|
6 to 25 spaces
|
$5,000
|
|
26 to 100 spaces
|
$10,000
|
|
101 to 500 spaces
|
$15,000
|
|
501 + spaces
|
$20,000
|
Informal Concept Review: $2,500.
|
8.
|
Upon receipt of an application, the Board Engineer shall undertake
a preliminary review of the application to determine if the above
estimated initial escrow fees appear sufficient for the engineering,
legal and related review and work on the application. Should the Board
Engineer determine that additional escrow fees are required, the Board
Engineer shall so notify that applicant and the applicant shall submit
the additional escrow fees prior to the application being deemed complete
and prior to the Board Engineer, Board Attorney and other professionals
proceeding with any review of, or work on the application.
| ||
|
9.
|
Additional Escrow Fees. The above escrow fees are preliminary
estimates. The applicant may be required to post additional escrow
fees and the applicant is required to pay all escrow fees and other
fees relating to their application. If said additional escrow fees
and other fees are not deposited by the applicant the application
will not be deemed complete, hearings on the application will not
be scheduled and work by the Board professionals will be discontinued.
Additionally, if said escrow fees and other fees are not paid subsequent
to Board approvals, or denials, building and/or zoning permits will
not be issued or revoked, subdivision maps and/or deed will not be
signed and the Borough may also institute legal proceeding to collect
the same. If the Municipal Agency determines that a proposed development
involves unusual or complicated aspects which could result in expense
to the Borough in excess of the escrow fees for professional services
set forth above, the Municipal Agency may require additional escrow
fees prior to, during or subsequent to any hearing on the development
application.
| ||
|
r.
|
Non-Refundable Inspection Fees. Required inspection fees shall
be paid prior to issuance of a development permit or signing of a
final plat, or when authorization has been granted pursuant to the
provisions of this chapter, prior to the start of construction of
any improvements before final plat approval. Such fees shall be paid
for the section or sections for which final approval has been granted
or in which the developer proposes to install improvements prior to
final approval.
| ||
|
1.
|
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the inspection of improvements;
provided that the Borough shall require of the developer a deposit
for the inspection fees in an amount not to exceed, except in extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements,
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For
those developments for which the reasonably anticipated fees are less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited by a developer shall
be 50% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Borough Engineer for inspection, the developer shall deposit the
remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Borough Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit,
nor shall the developer proceed with any work for which an inspection
is required until sufficient funds are on deposit.
| ||
|
2.
|
The cost of the installation of improvements for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Borough Engineer based
on documented construction costs for public improvements prevailing
in the general area of the Borough.
| ||
|
s.
|
Additional Inspection Fee Escrow for Excess Borough Expenses.
If the Municipal Agency determines that a proposed development involves
unusual or complicated aspects which could result in expense to the
Borough in excess of the inspection fees set forth above, the Municipal
Agency may, as a condition of, or of any extension of or amendment
to, final approval, require the developer to provide an additional
escrow deposit. Expenses in excess of the normal inspection fees may
be deducted from the escrow deposit. Any balance shall be returned
to the applicant upon release of performance guarantees and/or issuance
of a final certificate of occupancy. In determining the amount of
any escrow required, the Municipal Agency may consider: the duration
and size of the project; unusual design aspects; the degree and extent
of municipal inspection required and the extent of conformity to normal
municipal design standards.
| ||
|
t.
|
Reproduction Fees. Costs for reproduction of plats, attachments,
maps or other supporting documentation shall be paid in full by the
requestor prior to release in accordance with current Borough requirements.
| ||
|
u.
|
Tax Map Revision Fees. A fee of $25 plus $4 per lot or unit
shall be charged for all minor and major subdivisions, residential
unit site plans or condominium or cooperative residential or commercial
development to cover the cost of revising the Borough Tax Map. This
fee shall be paid prior to signing of the final plat of a major subdivision
by the Chairman and the Secretary of the Municipal Agency and Borough
Engineer/Surveyor.
| ||
|
v.
|
Certificate as to Approval of Subdivision of Land
|
$50
| |
|
w.
|
Certificate of Pre-existing Use
|
$50
| |
|
x.
|
Grading Permit Application for Engineering Review of Individual
Plot House Location/Grading Plans for fill over 10 cubic yards
|
$100
| |
|
y.
|
Site Plan Charges Computation for Partial Site Developments.
In cases where only a portion of a parcel or site are to be involved
in the proposed site plan, a site area charge may be charged based
upon an area extending 20 feet outside the limits of all construction
including grading and landscaping as well as all other areas of site
the Borough Engineer believes are reasonably affected by the development
application. The 20 feet around disturbed areas shall not extend beyond
the property lines. The Borough may still require reasonable improvements
and upgrading to portions of the site not within the disturbed or
affected areas.
| ||
|
z.
|
Supervision.
| ||
|
1.
|
No contractor, builder, developer or subcontractor shall engage
any personnel in any of the work on constructing any improvements
unless they are continually supervised by a competent, English-speaking
supervisor acceptable to the Borough Engineer.
| ||
|
2.
|
No less than five days prior to commencing construction of any
improvements on the site, the developer or his agent shall provide
the Borough Engineer with the names, addresses, phone number and emergency
phone numbers of the subdivider and/or a representative empowered
to act for the developer and/or each contractor and their supervisor
in charge of the construction, setting forth the aspects of construction
for which each is responsible.
| ||
|
aa.
|
Inspection, Testing and Engineering Administration Fees. Prior
to signing of any final plat, issuance of a Development Permit or
the start of construction of any more improvements required by the
provisions of this chapter, the developer shall deposit by cash or
certified check with the Borough Clerk an amount based on Subsection
40-3.14r1 of this chapter. This amount shall be used to defray the
cost of inspection, testing, engineering, administration, and other
costs, and fees paid by the Borough in connection with the inspection
and acceptance of the installation of the required improvements. All
monies received on account of engineering and inspection fees shall
be deposited by the Borough in an appropriate account. The Borough
shall arrange for the Borough Engineer, the appropriate municipal
officials or other qualified persons to provide all necessary administrative
and engineering services.
| ||
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee is established for
the purpose of reviewing applications for development on any municipally
owned property or within any area of the Borough designated as an
area in need of redevelopment or with respect to any other proposed
development on commercially zoned property in or about the Borough's
downtown, and to provide recommendations and technical assistance
to the Mayor and Council and the Planning Board regarding the architectural
and engineering design of the proposed development, and to ensure
to the largest extent practicable that said designs are consistent
with any applicable design guidelines adopted by resolution of the
Mayor and Council, and then in effect, and the intent, purpose, meaning
and spirit of the master plan, and any reexamination report thereof,
and the applicable redevelopment plan then in effect.
[Ord. No. 2005-25 § I; Ord. No. 2007-01 § I]
The Technical and Design Review Committee shall consist of nine
members, who shall have the following qualifications:
a.
A chairperson, who shall be the Borough Administrator;
b.
A Councilmember serving on the Planning Board;
c.
The Chairperson of the Planning Board;
d.
The Mayor or the Mayor's designee;
e.
A member of the Belmar Environmental Commission;
f.
A non-architect representative designated by the Master Redeveloper;
g.
An architect designated by the Master Redeveloper;
h.
The Planning Board engineer or his designee; and
i.
The Borough's Director of Code Enforcement.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall be assisted
on each application by a Design Element Subcommittee, which shall
review each detailed concept plan and site plan application and shall
provide its comments and recommendations for the consideration of
the full Technical Design and Review Committee. The members of the
Design Element Subcommittee shall consist of the following:
a.
A member of the Belmar Arts Council, Inc.;
b.
A member of the Belmar Chamber of Commerce, provided that said member
shall be an owner of a commercial property located in the Borough's
downtown, or an employee or owner of business located in the Borough's
downtown;
c.
Three permanent lay members, at least two of whom shall be residents
of the Borough and at least one of whom shall be a retail business
owner and/or owner of commercially zoned property located in the Borough's
downtown;
d.
Two architects who shall be selected on a rotating or other random
basis from among a panel or pool of architects who have submitted
architectural plans or designs for properties to be redeveloped in
the Borough's downtown, but shall not include an architect from a
firm that is engaged by the developer whose project is the subject
of the subcommittee's review; and
e.
The architect designated by the Master Redeveloper to serve on the
Technical and Design Review Committee, or his/her designee, shall
serve as the Chairperson of the Design Element Committee, but shall
be entitled to vote on the comments or recommendations of the Design
Element Subcommittee only in the event of a tie.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall be assisted
on each application by a Technical Element Subcommittee, who shall
review each detailed concept plan and site plan application and shall
provide their comments in writing to the full Technical Design and
Review Committee. The members of the Technical Element Subcommittee
shall consist of the following:
a.
The Borough's Fire Department Administrator, who shall provide comments
and recommendations regarding fire prevention code issues and accessibility
by fire equipment;
b.
A member of the Borough's Americans with Disabilities Committee,
who shall provide comments and recommendations regarding accessibility
issues;
c.
Representatives of the Borough's Public Works Department, who shall
provide comments and recommendations regarding public spaces, landscaping,
sanitation, drainage, and water/sewer utility access;
d.
The Borough's Principal Project Assistant;
e.
Such additional members as the Mayor and Council may designate from
time to time by resolution; and
f.
The Borough's Director of Code Enforcement shall serve as the Chairman
of the Technical Element Subcommittee, but shall be entitled to vote
on the comments and recommendations of the Technical Element Subcommittee
only in the event of a tie.
[Ord. No. 2005-25 § I]
Members of the Technical Design and Review Committee and Subcommittees
who are not designated by virtue of their position or title, shall
be appointed by the Mayor with the advice and consent of the Borough
Council and shall serve for a term of one year. Prior to commencing
service, all members of the Technical Design and Review Committee
and its Subcommittees shall certify that they have read and are familiar
with the Borough's Master Plan, and the subsequent reexamination reports
thereof, the Redevelopment Plan then in effect, and such design guidelines
as are then in effect.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall serve in an
advisory and screening capacity and shall review and make comments
and recommendations with respect to all detailed concept plans submitted
to the Mayor and Council and all site plans submitted to the Planning
Board relating to proposed developments on municipally owned property,
in any area designated as an area in need of redevelopment, or on
any other commercially zoned property in the Borough's downtown. The
Technical and Design Review Committee shall not impose standards or
technical or design requirements that will infringe upon the marketability
or economic feasibility of a project, except in compliance with the
Redevelopment Plan then in effect, and such design guidelines as may
be adopted from time to time by the Mayor and Council. The scope and
extent of the review engaged in by the Technical Design and Review
Committee and its subcommittees, if any, shall be proportionate to
the nature and extent of the proposed development, it being understood
that smaller, "in-fill" type projects will be subjected to less extensive
technical review and comments than larger projects involving greater
bulk and potential impact on the Borough and its infrastructure.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee, and the Design Element
Subcommittee and the Technical Element Subcommittee shall establish
uniform procedures for the sharing of information and plans, relating
to proposed developments subject to this subsection, and the reporting
of the Committee's comments and recommendations relating to the proposed
development to the Mayor and Council in the case of detailed concept
plans and to the Planning Board in the case of site plans. Nothing
contained herein shall preclude the Mayor and Council from conducting
its review of a detailed concept plan simultaneously or in conjunction
with the review of the plan by the Technical and Design Review Committee.
The Technical and Design Review Committee shall complete its review
of proposed site plans prior to the submission of the site plan to
the members of the Planning Board, and its written comments and recommendations
shall be submitted to the Planning Board members at least 10 days
prior to the Planning Board's hearing with respect to the proposed
redevelopment.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee, and the Design Element
Subcommittee and Technical Element Subcommittee shall meet as often
as necessary so as not to delay any application or project. A quorum
based upon physical attendance of members shall not be required for
the conduct of meetings or votes by the Technical and Design Review
Committee or its Subcommittees. While physical meetings are preferred,
the Technical and Design Review Committee and the Subcommittees are
authorized to rely upon noncontemporaneous written, telephonic or
other electronic communications of their respective members in reaching
a consensus and voting upon the recommendations and comments to be
submitted to the Mayor and Council and/or the Planning Board pursuant
to this subsection. Nothing contained herein shall be construed to
prevent one or more members from submitting a minority report expressing
why he, she or they disagree with the consensus recommendations and/or
comments reached by the majority. The Borough Administrator, or his
or her designee, shall act as the liaison between the Borough Council
and the Technical and Design Review Committee and its Subcommittees.
[Ord. No. 2005-25 § I]
For all proposed developments where a plan amendment is required,
the applicant shall first apply to the Mayor and Council for consideration
of the proposed plan amendment.
[Ord. No. 2005-25 § I]
The escrow fee provisions applicable to applications for development
in the Borough shall be applicable to all projects required to be
reviewed by the Technical and Design Review Committee and the Borough
shall be entitled to deduct from the said escrow the amount of reasonable
fees and expenses charged by the Planning Board's engineer in conducting
the review.
