[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:
a.
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.
c.
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.
d.
To participate in the preparation and review of programs or plans
required by the State of Federal Law or regulations.
e.
Variances and building permits in conjunction with subdivisions,
site plan and conditional use approval.
f.
To assemble data on a continuing basis as part of a continuing planning
process.
g.
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.
h.
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.
i.
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.
j.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
k.
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.
l.
The Planning Board shall have the power to:
1.
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.
2.
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.
3.
(a)
Where:
(1)
By reason of exceptional narrowness, shallowness or shape of
a specific piece of property; or
(2)
By reason of exceptional topographic conditions or physical
features uniquely affecting a specific piece of property; or
(3)
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.
(b)
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.
4.
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)
A use of principal structure in a district restricted against
such use of principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4;
(e)
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.
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No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
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5.
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.
a.
Site Plan involving 10 acres of land or less, and 10 dwelling units
or less—within 45 days.
b.
Site Plan involving more than 10 acres or more than 10 dwelling units—within
95 days.
c.
Minor Site Plan—within 45 days.
d.
Minor Subdivision—within 45 days.
e.
Major Subdivision involving 10 or fewer lots—within 45 days.
f.
Major Subdivision involving more than 10 lots—within 95 days.
g.
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.
h.
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:
a.
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.
b.
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.
c.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough.
d.
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:
a.
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.
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All such applications shall be on forms provided by the Planning
Board of the Borough of Interlaken.
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[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]
a.
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.
b.
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.
c.
No action shall be taken at any meeting without a quorum being present.
d.
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.
e.
Failure of motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application.
f.
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]
a.
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.
b.
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.
c.
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.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Planning Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
e.
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:
a.
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.
b.
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:
1.
Serving a copy thereof on the owner as shown on the current tax duplicate,
or his agent in charge of the property; or
2.
Mailing a copy thereof by certified mail to the property owner at
his address as shown on the current tax duplicate.
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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.
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c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
A resolution adopted at a meeting and held within the time period
allowed by the Municipal Land Use Law; or
b.
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.
c.
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.
