[Ord. No. 338 § 1]
There is hereby established pursuant to N.J.S.A. 40:55D-25(c), in the Borough of Interlaken, a Planning Board, consisting of nine members. The Planning Board, herein established, shall exercise all powers given to a Planning Board and/or Zoning Board of Adjustment, by the Municipal Land Use Law of the State of New Jersey. The Planning Board shall consist of the following classes:
Class I: The Mayor
Class II: One of the officials of the Municipality other than a member of the Governing Body, to be appointed by the Mayor.
Class III: A member of the Governing Body to be appointed by it.
Class IV: six other citizens of the Borough of Interlaken to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment.
[Ord. No. 338 § 2]
The Mayor may appoint two alternates for Class IV members, each of whom shall meet the qualifications of Class IV members. At the time of appointment by the Mayor, the alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
[Ord. No. 38 § 3]
The terms of the member comprising Class I shall correspond with the Mayor's official tenure. The term of the members comprising Class II and Class III shall be for one year or terminate at the completion of his or her respected term of office, whichever occurs first.
The term of all Class IV members, first appointed pursuant to this chapter shall be so determined that, to the greatest practical extent, the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by the resolution of the Mayor and Council, provided however, that no terms of any members shall exceed four years. 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 the alternate members to the Planning Board shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
[Ord. No. 338 § 4]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. No. 338 § 5]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
[Ord. No. 338 § 6]
There is hereby created the Office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree with the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Municipal Attorney.
[Ord. No. 338 § 7]
The Planning Board may also employ or contract for the services of experts and others as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. No. 338 § 8]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall also have the following duties and powers:
To make and adopt, and from time to time amend, a Master Plan for the physical development of the Municipality including any areas outside its boundaries, which in the board's judgment, bear essential relation to the Planning of the Borough. With respect to the Master Plan, the Board shall have such powers and obligations as set forth in N.J.S.A. 40:55D-28.
To approve conditional use applications in accordance with the provisions of Chapter 26, the Land Use and Development pursuant to N.J.S.A. 40:55D-67.
To participate in the preparation and review of programs or plans required by the State of Federal Law or regulations.
Variances and building permits in conjunction with subdivisions, site plan and conditional use approval.
To assemble data on a continuing basis as part of a continuing planning process.
At the request of the Mayor and Council to annually prepare a program of municipal capital improvement projects projected over a term of six years and amendments thereto and recommend same to the Governing Body.
To consider and make reports to the Governing Body within 35 days after referral of an amendment or revision to the Zoning Ordinance which report shall include identification of any provisions in the proposed Development Regulations, revision or amendment which are inconsistent with the Master Plan. The Report shall contain recommendations concerning such inconsistencies and any other matters as the Planning Board shall deem appropriate.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of any street or public drainage way or public area reserved pursuant to N.J.S.A. 40:55D-32.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
The Planning Board shall have the same powers as given to a Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, except that the Class I member shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d.
The Planning Board shall have the power to:
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the administrative officer based on or made in the enforcement of the Zoning Ordinance.
Hear and decide requests for the interpretation of the Zoning Map or Chapter 26, Land Use and Development Regulations or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map, ordinance or in accordance with this act.
By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or
By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or
By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of a regulation pursuant to N.J.S.A. 40:55D-62, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties of hardship.
Wherein an application or appeal relating to a specific piece of property, the purpose of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 55D-62, provided, however, that no variance from those departures enumerated in paragraph 4 hereunder shall be granted this subsection.
In particular areas, and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 to permit:
A use of principal structure in a district restricted against such use of principal structure;
An expansion of a nonconforming use;
Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining to a conditional use;
An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
An increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subdivision should be granted only by an affirmative vote of at least five members.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body with the aid and assistance of the Governing Body or other agencies or officers.
[Ord. No. 338 § 9]
The Planning Board shall act in a timely fashion and in all cases in accordance with the time requirements set forth in the Municipal Land Use Law.
Unless the time for action is extended, the Planning Board shall grant or deny approval within the after described times following submission of a complete application to the Secretary of the Planning Board.
Site Plan involving 10 acres of land or less, and 10 dwelling units or less—within 45 days.
Site Plan involving more than 10 acres or more than 10 dwelling units—within 95 days.
Minor Site Plan—within 45 days.
Minor Subdivision—within 45 days.
Major Subdivision involving 10 or fewer lots—within 45 days.
Major Subdivision involving more than 10 lots—within 95 days.
Subdivision, Site Plan or Conditional Use Applications, which also involve a variance, or application for issuance of a permit for a building or structure in the bed of a public street or public drainage way, flood control basin or reserved public area or application for issuance of permit for a building or structure not related to a street—within 120 days, except that in the event the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying subsequent approvals shall be otherwise provided in this section.
Conditional Use Applications—within 95 days.
[Ord. No. 338 § 10]
In the event that the Planning Board has failed to rule upon an application within the time period allowed by the Municipal Land Use Law, and the applicant wishes to claim approval of his application for development by reason of the failure of the Planning Board to grant or deny approval within the time period allowed by the Municipal Land Use Law, the applicant shall comply with the afterstated regulations:
The applicant shall provide notice of the default approval to the Planning Board and to all those entitled to notice by personal service or certified mail of the hearing on the application for development.
For the purpose of this section, in determining who was entitled to receive notice of the hearing on the application for development, the applicant shall be deemed to have complied when notice of default approval has been sent pursuant to N.J.S.A. 40:55D-12.
The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough.
The applicant shall file an affidavit of Proof of Service and Publication with the Secretary of the Planning Board, unless otherwise set forth in the Municipal Land Use Act.
[Ord. No. 338 § 11]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of the Municipal Land Use Law, as supplemented by the recent amendment thereto (N.J.S.A. 40:55D-25(c)) shall be filed with the Secretary of the Planning Board. The applicant shall file at least 14 days before the date of the monthly meeting of the Board, the original application and nine copies of a Sketch Map; nine copies of applications for minor subdivision approval, nine copies of applications for major subdivision approval, or nine copies of an application for site plan review, conditional use approval or plan development, as well as nine copies of applications of plans, plots and applications in connection with applications pursuant to N.J.S.A. 40:55D-70. At the time of filing of the application, but in no event less than 10 days prior to the date set forth for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board.
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board as set forth in subsection 25-1.9 when the application has been certified to be complete by the Planning Board or its authorized committee or designee. In the event that the Planning Board, its committee or designee, does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period, unless:
The application lacks information indicated on a checklist adopted by ordinance of the Borough of Interlaken and provided to the applicant:
The Planning Board, or its authorized committee or designee, has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission.
[Ord. No. 338 § 12]
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 of the Board. Such person or persons shall serve at the pleasure of the Mayor.
[Ord. No. 338 § 13]
The powers and duties of the Zoning Board of Adjustment are now assumed by the Planning Board of the Borough of Interlaken pursuant to the provisions of the Municipal Land Use Law, except that any case or matter now under consideration by the Zoning Board of Adjustment shall be finally decided by the Board.
[Ord. No. 338 § 14]
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alterations shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing and appeal from the decision of the Planning Board to the Governing Body, or to a Court of competent jurisdiction, until determination in any manner of such appeal or of proceedings. Variances previously granted by the Zoning Board of Adjustment prior hereto, shall expire in the fashion herein provided.
[Ord. No. 338 § 15]
No member of the Planning Board, including alternate members, shall act on any matter in which he has directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[Ord. No. 338 § 16]
Meetings of the Planning Board shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
Special Meetings may be provided for the call of the Chairman or at the request of any two Board members which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except in those instances where the Municipal Land Use Law requires a prescribed number of votes, or a greater number of votes, such regulations of the Municipal Land Use Law shall prevail.
Failure of motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, P.L. 1975.
[Ord. No. 338 § 17]
A member of the Planning Board 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 absence from one or more of the meetings; provided that such Board member has available to him the transcript or recording of all of the hearings from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording.
[Ord. No. 338 § 18]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the offices of the Borough Clerk. Any interested parties shall have the right to compel production of the minutes for use as evidence and any legal proceeding concerning the subject matter of such minutes.
Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the Rules of the Planning Board.
[Ord. No. 338 § 19]
Fees for applications or for the rendering of any service of the Planning Board or any member of their administrative staff shall be provided for in a subsequent ordinance (See Chapter 28, Development Fees) to be adopted by the Governing Body of the Borough of Interlaken. Any existing fee schedules are hereby saved from appeal, are continued in existence and are hereby incorporated by reference.
[Ord. No. 338 § 20]
Rules. The Planning Board shall make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. of this chapter.
Oaths. The officer presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties and the provisions of the "County and Municipal Investigations Law," c.38 P.L. 1953 (N.J.S.A. 2A:67a-1 et seq.) shall apply.
Testimony. The testimony of all witnesses relating to an application for the 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 direction of the presiding officer and to reasonable limitation as to time and number of witnesses.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Planning Board may exclude irrelevant, immaterial or unduly repetitious evidence.
Records. The Planning Board shall provide for the verbatim recording of the proceedings by either a stenographer, mechanical or electronic means. The Planning Board shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at his expense.
[Ord. No. 338 § 21]
Whenever a hearing is required of an application for development pursuant to the Municipal Land Use Law, (N.J.S.A. 40:55D-1 et seq.) or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof, as follows:
Public notice shall be given by publication in the official newspaper of the Municipality at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located.
Such notice shall be given by:
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Section 25-8b to the owners of lands in such adjoining municipalities which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on the application for development of property adjacent to an existing County road or proposed road shown on the official map or on the County Master Plan, adjoining other County lands or situate within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of a property adjacent to a State highway.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any map or documents required to be on file with the Municipal Clerk pursuant to Section 6B of C. 291, P.L. 1975.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
Any notice made by certified mail as hereinabove required, shall be deemed to be complete upon mailing in accordance with the provision of N.J.S.A. 40:55D-14.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall set the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office and the location and times of which any maps and documents for which approval is sought are available as required by law.
[Ord. No. 338 § 22]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall, within seven days after receipt of a request therefor, and upon receipt of payment for a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Section 25-8.
[Ord. No. 338 § 23]
Each decision on any application for development shall be set forth in writing as a Resolution of the Board which shall include findings of facts and conclusions based thereon. The Planning Board shall provide the findings and conclusions through:
A resolution adopted at a meeting and held within the time period allowed by the Municipal Land Use Law; or
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Planning Board voted to grant or deny approval. Only the members of the Planning Board who voted for the action taken may vote on the memorializing resolution and the vote of the majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt a resolution. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as above provided with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action earlier taken by the Planning Board and not to be an action of the Planning Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailing, filings and publications required by the provisions of N.J.S.A. 40:55D-10.
A copy of the decision shall be mailed by the Planning Board within 10 days of the date of the decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it who have paid the fee prescribed by the Planning Board for service. A copy of the decision shall also be filed in the Offices of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.
[Ord. No. 338 § 25]
A corporation or partnership applying to the Planning Board for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners, owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
The Planning Board shall not approve the application of any corporation or partnership which does not comply with this requirement.
[Ord. No. 338 § 26]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the Zoning Officer of the Borough based on, or made, in the enforcement of Chapter 26, Land Use and Development or official map. Such appeal shall be taken within 20 days by filing a Notice of Appeal in accordance with provisions of Article IX of the Municipal Land Use Law.
[Ord. No. 338 § 27]
A brief notice of every final decision shall be published in the official newspaper of the Borough of Interlaken. Such publication shall be arranged by the Secretary of the Planning Board, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such notice.
[Ord. No. 338 § 28]
Pursuant to the provisions of N.J.S.A. 40:55D-29 and N.J.S.A. 40:55D-65, every application for development submitted to Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by the Planning Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provisions for the payment thereof in such manner that the Borough of Interlaken shall be adequately protected.
[Ord. No. 338 § 29]
Whenever a term is used in this chapter which is defined in Chapter 291, P.L. 1975, such term is intended to have the meaning as set forth in the definition of such term found in the statute, unless a contrary intention is clearly expressed in the context of this chapter.
[Ord. No. 338 § 30]
All sections of the Zoning Ordinance or any other ordinance of the Borough of Interlaken, which contains provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
[Ord. No. 338 § 31]
Pursuant to the provisions of Chapter 291 P.L. 1975, Section 81, the substantive provisions of the existing Chapter 26, Land Use and Development Regulations of the Borough of Interlaken and of the supplements, additions and amendments thereto and the Development Regulations set forth herein shall continue in full force and effect and shall be read in para material with this chapter.
[Ord. No. 338 § 32]
All applications for development filed prior to the effective date of this Ordinance (This chapter was adopted on July 8, 1996 by Ord. No. 338) which concern hearings that have been commenced may be continued but any appeals arising out of decisions made on any such applications shall be governed by the provisions of this chapter.
[Ord. No. 338 § 33]
This chapter shall be known and may be cited as "The Land Use Procedures of the Borough of Interlaken."
[Ord. No. 338 § 34]
A copy of this chapter shall be filed with the Monmouth County Planning Board. Immediately upon adoption of this Ordinance (chapter), the Municipal Clerk shall file a copy of this Ordinance (chapter) with the Monmouth County Planning Board as required by law.