[Ord. #543; Ord. #585; 1972 Code § 19-1; § 19-10]
This Chapter shall be known and may be cited as: the Land Use Procedure Chapter of the Borough of Brielle.
[Ord. #543; Ord. #585; 1972 Code § 19-2; New]
The purpose of this Chapter shall be to provide rules, regulations, and procedures for the submission of development applications in compliance with Chapter 291 of P.L. 1975 of New Jersey, "The Municipal Land Use Law."
[Ord. #231; Ord. #255; Ord. #583; Ord. #592; Ord. #652; 1972 Code § 89-5 and § 75-6; New; Ord. #804, § 1; Ord. #915; Ord. #970; Ord. #988; Ord. No. 1017]
a.
All definitions not included herein, but included in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq., shall be included in this Chapter by reference.
c. ACCESSORY BUILDING OR USE1. 2. 3. 4. 5. 6. 7. ADMINISTRATIVE OFFICER AGRICULTURAL ALTERATIONS APARTMENT AUTOMOTIVE GASOLINE STATION AUTOMOTIVE REPAIR GARAGE AUTOMOTIVE SALES AND SERVICES AUTOMOTIVE SALES LOT AUTOMOTIVE SERVICE STATION BASEMENT
BOARDING OR ROOMING HOUSE BUFFER STRIP OR SCREEN BUILDING BUILDING ACCESSORY BUILDING HEIGHT BUILDING LINE BUILDING, PRINCIPAL CAR WASH (AUTO LAUNDRY) CELLAR CERTIFICATE OF OCCUPANCY CLINIC CLUB COMMON OPEN SPACE COMMUNITY BUILDING COMPLETE APPLICATION CONDITIONAL USE CONSOLIDATION COURTYARD CURB LEVEL DEVELOPMENT DORMITORY DRIVE-IN ESTABLISHMENT DWELLING UNIT DWELLING UNIT DENSITY (RESIDENTIAL DENSITY) DWELLING UNIT, EFFICIENCY DWELLING, MULTI-FAMILY DWELLING, MULTI-LEVEL DWELLING, ONE-FAMILY DWELLING, SEMI-DETACHED DWELLING, THREE-FAMILY DWELLING, TOWNHOUSES DWELLING, TWO-FAMILY EASEMENT EROSION AND SEDIMENT CONTROL PLAN EXTERIOR BALCONIES, DECKS, PATIOS FACADE FAMILY FARM FAST FOOD RESTAURANT FENCE FINAL APPROVAL FINAL PLAT FLOOR AREA RATIO GARAGE, PARKING GARAGE, PRIVATE GARDEN APARTMENT GARDEN APARTMENT DEVELOPMENT GENERAL TERMS AND CONDITIONS GROSS FLOOR AREA GROSS HABITABLE FLOOR AREA HABITABLE SPACE HOME OCCUPATION HOSPITAL HOTEL/MOTEL JUNK OR SALVAGE YARD LAND DISTURBANCE LANDSCAPED AREA LOADING SPACE LOT LOT AREA LOT COVERAGE LOT DEPTH LOT FRONTAGE LOT LINE LOT WIDTH LOT, CORNER LOT, THROUGH MAINTENANCE GUARANTEE MAJOR SUBDIVISION MARINE FACILITY MASTER PLAN MINOR SITE PLAN MINOR SUBDIVISION
MOBILE HOME MOTEL MULTI-FAMILY DWELLING MUNICIPAL AGENCY NURSERY SCHOOL NURSING HOME OCCUPANCY OFF-SITE OFF-TRACT OFFICIAL MAP ON-SITE ON-TRACT OPEN SPACE OWNER PARKING AREA PARKING SPACE PERFORMANCE GUARANTEE PLANNING BOARD PLAT PRELIMINARY APPROVAL PRELIMINARY PLAT PROFESSIONAL HOME OFFICE PROJECTION PUBLIC DRAINAGE WAY PUBLIC OPEN SPACE RESERVE STRIP RESIDENTIAL CLUSTER RESTAURANT RESUBDIVISION
RIGHT-OF-WAY, (R.O.W.) RIGHT-OF-WAY, (R.O.W.), PUBLIC SCHOOL, PAROCHIAL SCHOOL, PUBLIC SCREENING SEASHORE COLONIAL DESIGN THEME
SERVICE DRIVE SETBACK SIGN SIGN AREA SIGN, BILLBOARD SIGN, FREE STANDING SIGN, OVERHANGING SIGN, ROOF SITE PLAN SITE PLAN REVIEW SKETCH PLAT STORY STORY, HALF STREAM RIGHT-OF-WAY STREET
STREET LINE STREET, RESIDENTIAL STREETSCAPE THEME STRUCTURE SUBDIVIDER SUBDIVISION1. 2. 3. 4. 5. SUBDIVISION COMMITTEE SWIMMING POOL, PRIVATE SWIMMING POOL, PUBLIC TOURIST HOME TOWNHOUSE COMPLEX TOWNHOUSE DWELLING STRUCTURE TOWNHOUSE DWELLING UNIT TRACT TRAILER HOME USE USE, ACCESSORY USE, NON-CONFORMING USE, PERMITTED USE, PRINCIPAL USE, PUBLIC USE, QUASI-PUBLIC USE, RESIDENTIAL WATER'S EDGE WATERFRONT YARD YARD, FRONT YARD, REAR YARD, SIDE ZONING MAP ZONING OFFICER
Definitions. As used in these Chapters:
Shall mean one which:
Is subordinate to and serves any principal building or use;
Is subordinate in area, extent or purpose to the principal building or principal use served;
Contributes to the comfort, convenience or needs of occupants of the principal building or principal use served;
Is located on the same zoning lot as the principal building or principal use served;
Shall not be used as an extension of a permitted home occupation.
Shall not contain any plumbing fixtures or facilities above the ground floor of the structure, and not contain any habitable space on any floor of the structure.
Shall not be physically attached to the principal structure, and shall nearly match the architecture and finishes utilized in the principal structure.
Shall mean the secretary of the Municipal Agency, depending on which Board has reviewing authority.
Shall mean the growing of crops, truck gardening, raising or breeding of horses, sheep, dairy, poultry or other farm livestock; orchard, woodlot, reforestation, nursery or greenhouses or other agricultural or horticultural purposes. Agricultural land shall include open or wooded areas, ponds, brooks, swamps and meadows.
When the Planning Board or the Subdivision Committee is determining whether the division of land is for agricultural purposes, they will give full consideration as to whether or not the lot has been approved for farm tax assessment.
Shall mean a change of rearrangement in the structural parts or in the existing facilities which alter the use of the building, or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another. The addition or expansion of dormers are to be considered an enlargement.
Shall mean the room or suite of rooms which is designed or intended to be, or is in fact used, as one dwelling unit.
Shall mean any establishment servicing motor vehicles with fuel and oil but not including repairs, changing of tires, or any other replacement of accessory parts.
Shall mean any establishment servicing motor vehicles with fuel, supplies, and accessories, oil, lubrication, major repair services, vehicle parts sales, wrecker and hauling services, body work and painting, and heavy repair requiring engine or drivetrain dismantling. When trucks or heavy equipment are repaired even for oil changes, lubrication, minor tune-ups, installation of batteries, wiper blades, and similar minor repairs, the establishment shall be considered to be a repair garage.
Shall mean any establishment selling motor vehicles new and used, supplies and accessories, and including service and repair facilities, but not solely the storage of vehicles.
Shall mean any establishment with space for the sale and storage of new or used motor vehicles, but not including the dispensing of gasoline and fuel, service, repairs, or solely the storage of vehicles.
Shall mean any establishment servicing motor vehicles with gas, oil, lubrication services, lubricants, and other vehicle maintenance supplies and parts and equipment not requiring extensive or prolonged mechanical work for installation. Service work offered should be limited to oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and alignment, and the replacement of minor mechanical parts such as hoses, spark plugs, ignition wiring, points alternators, water pumps and similar parts not requiring engine or drivetrain dismantling.
Shall mean:
a. | For the purposes of this Chapter, with reference to occupancy or use and to regulate the height and bulk of buildings, is the portion of a building in which the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building, which shall not be considered a story and habitable. |
b. | If the ceiling height averages more than four feet above such grade and has a clear height of seven feet or more, such space shall be considered a story and habitable. |
Shall mean a building or part thereof, other than a hotel or restaurant, wherein furnished or unfurnished rooms, with or without cooking facilities are provided for compensation for two or more persons not related to the owner or proprietor.
Shall mean a combination of lawn and landscape screen of densely-planted (or having equivalent natural growth) evergreen shrubs or trees at least four feet in height at the time of planting of a type that will form a year-round dense screen at least six feet high, which shall be maintained in good condition at all times. Where required in the district regulations, a screen be installed along or within the lines of a lot as a protection to adjoining nearby properties. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with planting to soften the appearance.
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
Shall mean a building in which an accessory use is contained.
Shall mean the vertical distance, measured from the elevation of the centerline (opposite the midpoint of the front lot line) of the improved public street upon which the building lot fronts, to the highest point of the building. Chimneys, spires, and similar projections, other than signs, shall not be included in calculating building height. In the case of a corner lot, building height shall be measured from the higher of the two street centerline elevations opposite the mid-point of each of the front lot lines. On building lots, where existing slopes are 6% or greater, measured from street centerline to the proposed building line, building height shall be measured from the average existing elevation along the proposed front building wall.
Shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.
Shall mean a building, on a lot, in which the principal use of that lot is conducted.
Shall mean a building or structure portion thereof where vehicles are washed or cleaned with the use of a mechanical device.
See definition of basement.
Shall mean a Certificate issued by the Building Inspector upon completion of the construction of a new building or upon a change in the use of a building which certifies that all requirements of this Chapter, or such adjustments thereof which have been granted by the appropriate agency, and all other applicable requirements, have been complied with. A certificate of occupancy shall be required upon a change in the use, occupancy or ownership of a building.
Shall mean medical or dental clinic, any place used for the administering of medical or dental treatment free, or at a low cost, or any place used as an in-patient or out-patient medical or dental treatment center wherein certain medical and dental conditions and disorders are treated primarily through surgical intervention that is not commonly performed in normal, private medical or dental practice.
Shall mean a non-profit corporation, organization, or association of persons who are members thereof, which owns or leases a building or part thereof for the use of members or guests. Said clubs or lodges shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semi-public use under the provisions of this Chapter. Food, meals and alcoholic beverages may be served as an incidental and occasional function of this use, provided that adequate facilities are present and further provided that all Federal, State and Municipal laws are complied with.
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
Shall mean a building for civic, social, educational, cultural and recreational uses, not operated primarily for monetary gain or profit.
Shall mean an application for development which shall be deemed "complete" when the administrative official determines that all requirements for submission have been met and that all necessary documentation has been provided which is necessary for the Municipal Agency to review and act on the application.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter and upon the issuance of an authorization therefor by the Planning Board.
Shall mean a conveyance of land so as to combine existing lots by deed or other instrument.
Shall mean an open unoccupied space bounded on at least two opposing sides by a building wall, but not a front side, or rear yard.
Shall mean the grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, including alteration to a site, for which permission is required pursuant to this Chapter.
Any building, or portion thereof, designed or converted to contain living quarters which are provided as residences or for overnight sleeping of individuals or groups, operated as an accessory use to a school, college, university, boarding school, convent, monastery, nonprofit educational institution, religious order, or other.
[Added 7-23-2018 by Ord. No. 1076]
Shall mean an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked or standing upon the premises.
Shall mean a house, trailer, or other structure or a portion of any building or structure designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit with cooking and bathroom facilities, but not including units in hotels or other structures designed for transient residence.
Shall mean the average number of dwelling units per acre of ground in a given location or area.
Shall mean a dwelling unit consisting of a single room or common space inclusive of bathroom, kitchen facilities.
Shall mean a building used or designed as a residence for four or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments, but not including motels.
Shall mean a building more than 2-1/2 stories and more than 35 feet in height, on one lot, used and designed as a residence for four or more families living independently of each other.
Shall mean a detached building designed for, or occupied exclusively by, one family.
Shall mean a dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structure or structures except accessory buildings.
Shall mean a building designed for, or occupied exclusively by, three families, living independently of each other.
Shall mean more than two one-family attached dwellings in a continuous row.
Shall mean a building designed for, or occupied exclusively by, two families, living independently of each other.
Shall mean a right, privilege, service or convenience which one has to use the land of another for a special or limited purpose, such as a right-of-way, drainage conservation, sight or utility easement. An easement may be for the benefit of a private party or parties, for public or quasi-public purposes, or both.
Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District or any duly designated successor or agency.
And other similar exterior areas shall be included in the gross floor area calculations of commercial establishments where the services of the establishment are available on a routine basis in these locations, solely for the purpose of determining the number of parking spaces required in accordance with Chapter 21, Section 21-32, Off-Street Parking Minimum Spaces.
Shall mean the total wall surface, including door and window areas of a building's face. Each wall surface shall be considered a separate facade.
Shall mean one or more persons living together as a single nonprofit housekeeping unit which exhibits the kind of stability, permanency and functional life-style and relationships which is equivalent to that of the traditional family unit, as distinguished from individuals or groups occupying a hotel, club, group home, boarding house or similar arrangement. The foregoing shall not be construed to permit an owner of property in a single-family district to solicit the public at large to rent rooms.
Shall mean a lot, as defined herein, having an area of not less than five acres and used exclusively for agricultural purposes as defined by this ordinance.
Shall mean the fast food restaurant, which may or may not have tables, but which is essentially designed to dispense quick, ready-made food of limited variety. The patron obtains food directly from the dispensing counter for consumption on or off such premises. The term fast food restaurant shall include drive-in restaurant.
Shall mean a barrier constructed of any type of material including, but not limited to wood, masonry, stone, wire, metal or any other non-vegetative material, or combination of such materials, erected for the purpose of acting as an enclosure or screening of yard area or other areas on a lot.
Shall mean the official action of the Municipal Agency taken on a preliminarily approved major subdivision after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
Shall mean the final map of all or portion of the subdivision which is presented to the Municipal Agency as provided for in this Chapter.
Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
Shall mean a building which is used for commercial purposes and is used only for the storage of motor vehicles.
Shall mean an accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use. In a Residential Zone, a garage is intended for and used for storing privately owned motor vehicles, boats and trailers and personal belongings of the family or families resident in the principal residential use on the lot.
Shall mean a building, not more than 2-1/2 stories and 35 feet in height, as measured from the average level of the ground immediately adjacent to the base of the structure to its highest point exclusive of chimney or tower, on one lot containing three or more separate dwelling units, and sharing joint utility services or facilities or both.
Shall mean two or more garden apartments on a single lot.
Shall mean the conditions under which preliminary approval is granted including Plat Details, Improvements, Off-Site Improvements, and Design Standards.
Shall mean the area of all floors of a building intended or proposed for human occupancy including interior balconies and mezzanines, but excluding exterior balconies and decks, except as noted herein. All horizontal dimensions of each floor are to be measured from the exterior faces of walls of each such floor. The gross floor area of buildings on a lot shall include the floor area of accessory buildings on the same lot, measured the same way.
Shall mean the sum of the gross horizontal areas of the floor or several floors of a dwelling unit measured between the inside face of exterior walls or from the centerline of walls separating two dwelling units, having a clear ceiling height of seven feet, six inches or greater, but not including any unfinished cellar or basement or any garage space, breezeway, interior patios, enclosed porches or accessory building space.
Shall mean any combination of building construction, materials, or equipment that would form space suitable for human occupation for dwelling purposes.
Shall mean any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and in connection with which there is no display, no stock in trade nor commodities sold upon the premises, unless the commodities sold are clearly secondary to and identified with the permitted occupation. Beauty shops, barber shops, and similar occupations shall not be included as permitted home occupations.
Shall mean an institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey. The institution shall also conform with the revised standards for hospital facilities as adopted by the State Board of Control of the Department of Health.
Shall mean a building containing furnished rooms, without kitchen facilities, used, rented or hired out to be occupied for sleeping purposes by transient guests who have their residence elsewhere. A general kitchen, dining room, or meeting rooms may be provided within the building or as an accessory building. Customary Hotel/Motel services must be provided, such as, but not limited to, maid services, laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture.
Shall mean a lot, or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles.
Shall mean any activity involving the clearing, grading, transporting, filling of land and any other activity which causes land to be exposed to the danger of erosion.
Shall mean areas containing trees, shrubs, and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers, or areas utilized for outside storage.
Shall mean an off-street space or berth abutting upon a street or other appropriate means of access intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
Shall mean an area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
Shall mean the proportion of the area of a lot, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings.
Shall mean the shortest horizontal distance between the street line and the nearest part of a rear lot line. The greater frontage on a corner lot shall be its depth.
Shall mean the horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet the minimum distance between the side lot lines measured at the street line shall not be less than 60% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
Shall mean a lot line shall be the boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map or both. A lot line shall not be considered unless legally subdivided.
Shall mean the straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall be not less than 60% of the required minimum lot width. The lesser frontage of a corner lot shall be its width.
Shall mean a lot bounded by two or more streets at their intersection. Required front yard areas shall apply to all frontages. Required rear yard areas shall apply to those areas opposite the primary access to the principal structure. Required side yard areas shall apply to all other areas not described above. Driveway access shall be to the street of lesser traffic classification.
Shall mean a lot running through from one street to another.
Shall mean any security, other than cash, which may be accepted by the Municipality for the maintenance of any improvements required by this Chapter.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a waterfront facility wherein berthing spaces for two or more watercraft are provided. A marine facility, in addition to berthing spaces shall include two or more of the following: automobile parking spaces; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service.
Shall mean a composite of one or more written or graphic proposals for the development of the Municipality as adopted by the Planning Board.
Shall mean any site plan which alters or amends an existing site or site plan by 10% or less or involves an estimated cost of $1,000 or less shall be considered to be a minor site plan. A minor site plan may be prepared by someone other than a licensed professional, and the applicant may request waivers from the site plan requirements if agreed to by the Municipal Agency.
Shall mean a subdivision of land that does not involve:
a. The creation of more than three lots; |
b. Planned development; |
c. Any new street; or |
d. Extension of an off-tract improvement. |
The creation of three lots shall include the new lots plus the lands remaining. Only one minor subdivision shall be permitted on one parcel of land during any eighteen-month period, and the total number of lots created on any one parcel shall be five plus the one lot remaining. |
Shall be synonymous with Trailer Home.
(See Hotel).
Shall mean a dwelling designed for or containing three or more dwelling units. This definition shall not include a hotel or motel.
Shall mean a Municipal Planning Board or the Board of Adjustment, or the Governing Body when acting pursuant to the Municipal Land Use Law. The word "Agency" shall mean Municipal Agency.
Shall mean a school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
Shall mean a hospital for two or more convalescent or aged people which may include kitchen facilities, recreation areas, and similar necessary adjunct uses for patient care.
Shall mean the use of a lot or structure.
Shall mean located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application, and shall include the contiguous portion of a street or right-of-way.
Shall mean not located on the property which is the subject of a development application, nor on a contiguous portion of a street or right-of-way.
Shall mean a map adopted by ordinance pursuant to Chapter 291, Laws of New Jersey, 1975, or any other prior act authorizing such adoption.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to incidental to the natural openness of the land.
Shall mean any individual, firm, associate, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided.
Shall mean an area other than a street, used for the parking of motor vehicles.
Shall mean an off-street space available for the parking of a motor vehicle which in this Ordinance is held to be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area nine feet wide and 22 feet long. No parking space of the dimensions herein defined shall encroach into any adjoining parking space, passageway or driveway.
Shall mean any security, which may be accepted by the Municipality, including cash, provided that the Municipality shall not require more than 10% of the total performance guarantee in cash.
Shall mean the officially appointed Planning Board of the Borough of Brielle, New Jersey.
Shall mean a map or maps of a subdivision or site plan.
Shall mean the conferral of certain rights pursuant to this Chapter, and the Municipal Land Use Law, prior to final approval, after specific elements of a development plan have been agreed upon by the Municipal Agency and the applicant.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Agency.
Shall mean the office or studio of a resident professional, upon finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, such as Architects, Landscape Architects, Engineers, Doctors, Lawyers, Planners and similar professions. Such residential professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Group teaching instructors, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, trades or business or similar uses of any kind shall not be deemed to be such residential Professional Home Offices. The professional must reside in the home portion of the structure, and no more than two other employees shall be permitted. The Professional Home Office shall be limited to 30% of the first floor gross square footage, but not exceed a maximum of 600 square feet of gross floor space, and shall not be in a separate building. The office shall be an integral part of the residence and there shall be no change to the facade of the building to make it look other than a residential structure.
Shall mean an extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
Shall mean an open space area conveyed or otherwise dedicated to the Municipality, Board of Education, State or County agency, or other public body, for recreational or conservational uses. Dedication and acceptance of public open spaces shall be undertaken as required in the Zoning, Chapter 21).
Shall mean a privately owned strip of land of less width than the lot depth required by the Zoning, Chapter 21 on one side by a proposed street and on the other by the boundary of a subdivision containing the proposed street.
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
Shall mean an eating establishment where food and beverages are consumed by patrons within the primary building, which also may incidentally sell "take out" meals and/or catered meals for patron consumption away from the establishment. Within the meaning of this definition, eating places customarily termed "fast food establishments" are specifically excluded.
Shall mean:
a. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or |
b. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument. |
Shall mean a private strip of land over which other parties have the right to pass over, traverse, or install utilities.
Shall mean a publicly owned strip of land over which the general public has the right to pass over, traverse, or have utilities installed therein.
Shall mean a use primarily engaged in the education and instruction of individuals in academic or religious subjects and operated for non-profit, from kindergarten through Grade 12; and administered, supervised and directly affiliated with an exempted non-profit religious organization.
Shall mean any school operated under the administrative authority of a duly constituted State, County, Regional or Municipal Board of Education.
Shall mean a visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public.
Shall mean an architectural scheme similar to that of nineteenth century developments found in the coastal southern Monmouth County area. These architectural components are reflected in remaining homes and businesses in surrounding municipalities. The desired seashore colonial design theme should be "timeless" and mimic the seashore homes and businesses that dot the historic New Jersey shore. The specific characteristics of these desired structures include:
a. Building materials used in area historic structures including but not limited to wood and clapboard shingles or modern replications in more durable materials. |
b. Muted or natural colors and signage that coordinates with building facade. |
c. Buildings greater than one story with clear delineation of the boundary between each floor of the structure through belt courses, cornice lines or similar architectural detailing. |
d. Pitched or gabled rooflines. |
e. Overhanging eaves. |
f. Utilization of awnings, covered walkways, open colonnades or similar weather protection where applicable. |
g. Main entrances must face the street and be clearly articulated through architectural detailing. |
h. Other architectural features in the center area should include corner towers, cupolas, clock towers, spires, balconies, colonnades or similar features. |
Shall mean a roadway at least 22 feet in width which provides common access to two or more uses, and where adjacent to a public right-of-way is separated from that right-of-way by a planting strip at least five feet wide.
Shall mean the minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining setbacks. The front setback shall be measured from any future right-of-way line as adopted in the Master Plan. The term setback is synonymous with "required setback" and shall mean a line beyond which a building is not permitted to extend.
Shall mean any device, structure, or object including painted wall signs for visual communication that is used for the purpose of advertising the property or establishment upon which the display is exhibited, but not including any flag of any public or religious group.
Shall mean the maximum projected area of the shape which encloses the sign, devices or representation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.
Shall mean any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to a use on the lot regardless of its size or dimension.
Shall mean a sign mounted on a structure erected, not attached to any building.
Shall mean a sign attached to and perpendicular to an exterior wall of a building which overhangs the street right-of-way.
Shall mean a sign attached on a roof that projects higher than the highest part of the building. Also includes signs inscribed or painted on a roof except as required by the Federal Aeronautical Authorities.
Shall mean a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, stormwater management, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans pursuant to N.J.S.A. 40:55D-37 et seq.
Shall mean the examination of the specific development plot for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Borough.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the sketch plat detail requirements of this Chapter.
Shall mean that part of a building between the surface of any floor and the next floor above it, or in absence, the finished ceiling or roof above it. A "split level" story shall be considered a second story if the floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar.
Shall mean the finished area of an attic where the intersection of the roof rafters and the exterior wall occurs within 12 inches of the floor/ceiling system, and in which space the possible floor area with the headroom of five feet or less occupies at least 50% of the square footage of the story directly beneath it.
Shall mean the distance or width located on both sides of a stream or watercourse which has been dedicated, deeded or granted by easement to any government agency for Stream Right-of-Way or which has been indicated in an officially adopted stream improvement program.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way;
a. Which is an existing State, County, or Municipal roadway; or |
b. Which is shown upon a plat heretofore approved pursuant to law; or |
c. Which is approved by official action as provided by law; or |
d. Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. |
Shall mean that line determining the limit of the highway rights of the public, either existing or contemplated. Street line and right-of-way line are synonymous.
Shall mean a street or portion thereof which is located in a residential zone.
Shall mean a scheme of site improvements similar to those constructed by the Borough along Higgins Avenue. Elements include granite block curbs, clay brick paver walkways, indigenous landscape plantings, and ornamental lighting.
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
Shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity, commencing proceedings under this Chapter, subdivision of land hereunder for himself or for another.
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision Committee thereof, appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or any other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision".
Shall mean a committee of three Municipal Agency members appointed by the Chairman of the Agency for the purpose of classifying subdivisions in accordance with the provisions of this Chapter.
Shall mean a swimming pool located as an accessory use on the same lot as the principal use it serves, is utilized only by the owner or his nonpaying guests, and is not operated for profit.
Shall mean a swimming pool open to the general public or open to the members only of a club or organization whether operated for profit or not.
Shall mean a dwelling unit in which overnight accommodations are provided or offered for transient guests for compensation.
Shall mean an integrated scheme of townhouse dwelling structures and common tracts and facilities.
Shall mean a structure containing two or more townhouse dwelling units.
Shall mean one of a series of single family dwelling units which may be attached by a common wall between it and the adjacent units together with an individual rear or front yard designed as an integral part of each unit and having been constructed in conformity with an approved site and design plan.
Shall mean a parcel or portion or other division of land which is in whole or in part proposed for subdivision, composed of a portion of one lot, or one or more contiguous lots in the same ownership. Lots separated by easements, street or other public rights-of-way shall be considered contiguous for the purposes of this definition.
Shall mean any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place whether by motor vehicle or other means, or any factory built unit equipped with wheels used for living or sleeping purposes whether the same is on blocks, posts or any other type of foundation.
Shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
Shall mean a use which is incidental to that of a principal use on the same lot.
Shall mean a use of a building or land that does not conform with the provisions of this Chapter for the zone in which it is located.
Shall mean a use of a building or land, that conforms with the provisions of this Chapter.
Shall mean a use which is the major use of the lot. In any residential zone, a dwelling on a lot shall be deemed the principal use of that lot.
Shall mean any use of land or structures thereon which is owned and used by the Federal, State, County or Municipal Governments. Public use shall also include property not owned by a governmental entity but is leased or used for that purpose.
Shall mean any use which is public in nature but owned and used by a private interest group. Quasi-public uses include churches, parish houses, parochial schools, historical sites and similar uses, but does not include clubs, lodges, or similar private use.
Shall mean the use of a building or part as a dwelling unit.
Shall mean the interface between the land area and a natural waterbody, where in the absence of an existing or approved proposed retaining structure, shall be the mean high water line.
Shall mean the land area between the water's edge to the first public road or other cultural feature generally parallel to the waterway.
Shall mean an open space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings from the ground to the sky, except as otherwise provided in this Chapter. The minimum required yard shall be the same as required setback.
Shall mean the yard extending across the entire width of the lot between the street line and the nearest part of any building. On a corner lot, the front setback shall be required for all street frontages.
Shall mean the yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
Shall mean a yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
Shall mean the map annexed to and made a part of Chapter 21.
Shall mean the duly appointed zoning officer for the Borough.
[Ord. #543; Ord. #585; 1972 Code § 19-4; Ord. #986; Ord. #1014]
There is hereby established pursuant to N.J.S. 40:55D-23 a Planning Board of nine members. Pursuant to the authority granted by N.J.S.A. 40:55D-25c(I), the Planning Board shall exercise to the same extent and subject to the same restriction all of the powers heretofore granted to the Zoning Board of Adjustment.
Membership shall consist of the following four classes:
a.
Class I. The Mayor or the Mayor's designee in the absence of the Mayor.
b.
Class II. One of the officials of the municipality other than a member of the Governing Body to be appointed by the Mayor.
c.
Class III. A member of the Governing Body to be appointed by it.
d.
Class IV. Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, one of whom shall be a member of the Environmental Commission as required by N.J.S.A. 40:56A-1.
Alternate Members. In addition to the foregoing, the Mayor shall appoint four alternate members of Class IV. Such members shall serve their respective terms in compliance with N.J.S.A. 40:55D-23.1
In the event that a choice must be made as to which alternate member is to vote, Alternate Number One shall vote.
Pursuant to N.J.S.A. 40:55D-25c, the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55d-70(d).
[Ord. #543; Ord. #585; 1972 Code, § 19-4]
The term of the Mayor shall correspond with his official tenure.
The terms of the Class II and III members shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first.
The term of the 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 occurs first.
The terms of all other Class IV members first appointed pursuant to this ordinance shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter all Class IV members shall be appointed for terms of four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided above, for the unexpired term.
All terms shall run from January 1 of the year in which the appointment is made.
[Ord. #543; Ord. #585; 1972 Code § 19-4]
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Governing Body for cause.
[Ord. #543; Ord. #585; 1972 Code § 19-4; Amended 11/87]
When any hearing before a Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings, 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, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording prior to voting on application.
[Ord. #543; Ord. #585; 1972 Code § 19-14]
A quorum of the Planning Board shall be a majority of the full authorized membership.
[Ord. #543; Ord. #585; 1972 Code § 19-4]
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. #543; Ord. #585; 1972 Code § 19-4]
a.
The Governing Body shall make provisions in its budget and appropriate funds for the expenses of the Planning Board.
b.
The Planning Board may employ or contract for the services of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it may deem necessary not exceeding exclusive of gifts or grants the amount appropriated by the Governing Body for its use.
[Ord. #543; Ord. #585; 1972 Code § 19-4; New]
The Planning Board is authorized to adopt by-laws governing its procedural operation. It shall also have the following powers and duties:
a.
To make, adopt and amend a master plan for the physical development of the Municipality in accordance with this Chapter and the provisions of New Jersey Statutes c. 40:55D-28.
b.
To administer the provisions of Land Subdivision, Chapter 22 and Site Plan, Chapter 23 in accordance with this Chapter, the provisions of these Chapters and the New Jersey Statutes c. 40:55D-1 et seq.
c.
To review and recommend actions regarding the Official Map in accordance with the provisions of this Chapter and New Jersey Statutes c. 40:55D-32.
d.
To review and administer Zoning, Chapter 21 in accordance with this Chapter and New Jersey Statutes c. 40:55D-64 regarding referrals and c. 40:55D-67 regarding conditional uses.
e.
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.
f.
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 Board of Adjustment, as specified in Section 20-5 of this Chapter.
1.
Variances pursuant to New Jersey Statute c. 40:550-70c, from lot area, lot dimensional, setback, and yard requirements; provided that relief pursuant to this section from lot area requirements shall not be granted for more than one (1) lot.
2.
Direction pursuant to New Jersey Statutes c. 40:55D-34 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 New Jersey Statutes c. 40:55D-32.
3.
Direction pursuant to New Jersey Statutes c. 40:55D-36 of said act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, 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.
g.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
h.
To assemble data on a continuing basis as part of a continuous planning process.
i.
To consider and make reports to the Governing Body within 35 days after referral, as to any proposed development regulation, revision or amendment. The Governing Body, 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 recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Governing Body from the requirements of this section in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
j.
To consider and make reports to other municipal bodies or officers having final authority thereon on matters authorized by ordinance to be referred. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this act to another municipal body, such recommendation may be rejected only a majority of the full authorized membership of such other body.
k.
To review all use variances referred to them by the Zoning Board of Adjustment and shall return a written report with recommendations to them within 120 days, the time for action by the Board of Adjustment. Failure of the Planning Board to transmit its report within the mandated time period shall relieve the Board of Adjustment from the requirements of this subsection.
l.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Governing Body or other agencies or officer.
[Ord. #543; Ord. #585; 1972 Code § 19-4]
Whenever the (Environmental Commission) has prepared and submitted to the Planning Board and the Board of Adjustment, an index of the natural resources of the Municipality, the Boards shall make available to the Environmental Commission an informational copy of every application for development submitted to them. Failure of the Boards to make such information copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. #543; Ord. #585; Ord. #698; 1972 Code § 19-4; New]
Whenever an application for approval or a subdivision plat site plan or conditional use includes a request for relief pursuant to subsection 20-4.8 of this Chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Ord. #543; Ord. #585; 1972 Code § 19-5; New; Ord. #986]
The Zoning Board of Adjustment was dissolved by Ordinance 986 to the extent that such Board existed as a separate functioning body within the Borough. Pursuant to N.J.S.A. 40:55d-25C and Ordinance 986, the Planning Board shall exercise all of the powers of the Board of Adjustment. See subsection 20-4.1 for establishment of the Planning Board.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Ord. #986]
Provisions of Section 20-4 shall control.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Ord. #986]
Provisions of Section 20-4 shall control.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Ord. #986]
Provisions of Section 20-4 shall control.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Ord. #986]
Provisions of Section 20-4 shall control.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Ord. #986]
Provisions of Section 20-4 shall control.
[Ord. #543; Ord. #585; 1972 Code § 19-5; Amended by NJSA 40:55D-70; New]
The Board of Adjustment shall have the power to:
b.
Hear and decide requests for the interpretation of the Zoning Map or municipal ordinance or for decisions upon other special questions upon which the Board is authorized to the Municipal Land Use Law.
c.
1.
Where:
(a)
By reason of exceptional narrowness, shallowness or shape of a specific piece of property, or
(b)
By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or
(c)
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 any regulation of the Zoning Chapter that 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 or hardship;
2.
Where in an application or appeal relating to a specific piece of property the purposes 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 the zoning ordinance of this act provided, however, that no variance from those departures enumerated in subsection d of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the planning board of a subdivision, site plan or conditional use, in conjunction with which the planning board has power to review a request for a variance in accordance with the provisions of this Chapter.
d.
In particular cases and for special reasons, grant a variance to allow departure from regulations of the Zoning Chapter to permit:
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 pursuant to section 54 of P.L. 1975. c. 291 (C. 40:55D-67 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. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board.
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 the purpose of the zone plan and zoning Chapter 21. An application under this section, may be referred to any appropriate person or agency, for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.
Whenever the Planning Board shall have made a recommendation to the Zoning Board of Adjustment, such recommendation may be rejected only by a majority of the full authorized membership of the Board.
e.
Direct the issuance of permits for buildings or structures in the bed on any street or public drainage way, flood control basin of public area reserved as shown on the official map, or shown on a legally filed plat before adoption of the official map. Whenever one or more parcels of land, upon which is located the bed of such a mapped street or public drainage way, flood control basin or public area cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of permit for a building or structure in the bed of such mapped street or public drainage way or flood control basin or public area, which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the official map and the Board shall impose a reasonable requirement as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
f.
Direct the issuance of a permit for a building or structure not related to a street where the enforcement of the requirement that every lot shall abut a street giving access to such proposed building or structure would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street. The Board of Adjustment may upon application or appeal, vary this provision and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or on a general circulation plan element of the Municipal Master Plan.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
a.
The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Board of Adjustment.
b.
The Board of Adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, and experts and other staff and services as it shall deem necessary, not exceeding exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
a.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Municipality based on or made in the enforcement of Chapter 21, Zoning, or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
b.
A developer may file an Application for Development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
a.
The Board of Adjustment shall render a decision not later than 120 days after the date: (1) An appeal is taken from the decision of an administrative officer; or (2) The submission of a complete Application for Development to the Board of Adjustment.
b.
Failure of the Board to render a decision within such one-hundred and twenty-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. A certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action 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 other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. #543; Ord. #585; 1972 Code § 19-5]
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, or conditional use approval, whenever the Board of Adjustment is reviewing an application for approval of a use variance. If the use variance is denied, the subdivision or site plan application shall be severed from the use variance and reapplication to the Planning Board for their review and action shall be required in the same manner as permitted by this Chapter. No additional fee for reapplication shall be required under this section.
[Ord. #542; Ord. #585; 1972 Code § 19-5]
An application under subsection 21-5.13, shall be referred to 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.
[Ord. #543; Ord. #585; Ord. #625; 1985 Code § 19-6]
a.
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 cancelled for lack of applications for development to process. 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 State Law. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum, except as otherwise required by this Chapter. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
b.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with State law. An executive session for the purpose of discussing certain matters as specified by State law shall not be deemed a regular or special meeting within the meaning of this Chapter.
c.
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 Secretary. 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 as specified by municipal ordinance for reproduction of the minutes for his use.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6; Amended by NJSA 40:55D-10]
a.
The Municipal Agency shall hold a hearing on each application for development or adoption, revision, or amendment of the Master Plan.
b.
The Municipal Agency shall make the rules governing such hearings. 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 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.
c.
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" shall apply.
d.
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.
e.
Technical rules of evidence shall not be applicable to the hearing, but the Agency may exclude irrelevant, immaterial or unduly repetitious evidence.
f.
The Municipal Agency shall provide for the verbatim recording of the proceedings by either stenographer, 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 expense.
g.
The Municipal Agency shall include finding of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Municipal Agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided in the act for action by the Municipal Agency on the application for development; or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Municipal Agency voted to grant or deny approval. Only the members of the Municipal Agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to subsection 20-6.1 of the Chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, 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 of the Municipal Agency and not to be an action of the Municipal Agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections h and I of this section. If the Municipal Agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Municipal 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.
h.
A copy of the decision shall be mailed by the Municipal Agency within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Municipal Agency in the office of that Agency. The secretary shall make a copy of such filed decision available to any interested party for a reasonable fee as specified by municipal ordinance and it shall be available for public inspection at his office during reasonable hours.
i.
A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Secretary of the Municipal Agency. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision. A fee of $10 shall be charged to the applicant for this publication.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6; NJSA 40:55D-10]
a.
Notices pursuant to this Chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and in the case of notices pursuant to subsection 20-6.4, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office, and the location and times at which any maps and documents for which approval is sought are available pursuant to subsection 20-6.2.b.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6; Ord. #804, § 1; Ord. #863, § 1; Ord. #934]
Notice pursuant to paragraphs a, b, c, e, f and g of this subsection shall be given by the applicant at least 10 days prior to the date of the hearing.
a.
Public Notice of a hearing is required on all applications for development. Public Notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b.
Notice of a hearing requiring public notice pursuant to paragraph a above, shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and 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 (1) 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 property owner as shown on the said 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 said current tax duplicate.
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. The notice provisions provided herein shall be in accordance with N.J.S.A. 40:55D-12 as amended and supplemented.
c.
Upon the written request of an applicant, the administrative officer of the municipality shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of those owners pursuant to paragraph b of this subsection. 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 sum of $10 shall be charged for such list.
d.
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.
e.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
f.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk.
h.
The applicant shall file an affidavit of proof of service with the Municipal Agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this Section.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6]
Notice shall be given as follows:
a.
Public notice of a hearing on adoption, revision or amendment of the Master Plan and Development Regulations. Such notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.
b.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan and Development Regulations involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.
c.
Notice by personal service or certified mail to the County Planning Board of:
1.
All hearings on the adoption, revision or amendment of the Municipal Master Plan and Development Regulations at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed Master Plan, or any revision or amendment thereto.
2.
The adoption, revision or amendment of the Master Plan and Development Regulations not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the Master Plan, Development Regulations or revision or amendment thereto, as the case may be.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6]
Any notice made by certified mail shall be deemed complete upon mailing.
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6; Ord. #714, § 1; Ord. #735, § 1; Ord. #863, § 1; Ord. #888; Ord. #914; Ord. #1011; Ord. #1034; Ord. No. 1052-2016; amended 11-28-2022 by Ord. No. 1123; 11-27-2023 by Ord. No. 1131]
The Municipal Agency shall charge fees for administration of its functions, powers and duties as follows:
a.
Base Fees. The following nonrefundable fees shall be payable in connection with the following schedule of land use development applications to the Planning Board. The base fees provided for herein have been established to cover the cost of the administrative scheduling and coordination in conjunction with normal applications. Applicants will be required to post escrow fees, as provided for under subsection 20-6.7e, to cover all billings submitted by Board Professionals associated with services rendered in conjunction with individual applications.
1.
Site Plans.
Minor Site Plan | $6,000 |
Preliminary Major Site Plan | $10,000 |
Final Major Site Plan | $5,000 |
2.
Subdivisions.
Minor Subdivision | $500 |
Major Subdivision Sketch Plat | $3,500 |
Preliminary Major Subdivision | $10,000 |
Final Major Subdivision | $5,000 |
3.
Variance and Design Waiver.
Applications | |
Bulk Variance | $100 |
Use Variance | $500 |
Special Permit | |
Permit to construct on a mapped street or public drainage way, flood control basin or public area reserved as described in N.J.S.A. 40:550-76 | $500 |
Appeals (Pursuant to 40:55D-70(a) | $300 |
Design Waivers (1) | $300 |
Design Waiver - Each Additional | $100 |
4.
Special Meetings (requested by applicant) $1200
5.
Pre-application Review for Subdivisions or Site Plans $500
6.
Rezone application $1,000
7.
Abridged Site Plan $500
b.
Fees for Revisions Submitted After Initial Meeting. In the event applicant submits a revision subsequent to the initial meeting in which an application shall be heard, the applicant shall tender an additional fee of 1/2 of the application fee set forth above for each such revision.
c.
Consultation with Planning Board Professional Staff, Reimbursement of Costs. The applicant is hereby advised that he may consult with any member of the Brielle Planning Board Professional Staff prior to any meeting with the provision that the applicant submit a letter indicating that he will reimburse the Board for any costs incurred by the Board due to such consultation.
d.
Costs of Multiple Forms of Relief. In the event an applicant is seeking multiple forms of relief, such applicant shall pay the fee for each such form of relief.
For example, in the event the applicant is seeking a preliminary and final site plan approval of a project, including a single variance, the applicant shall pay:
$4,000 - Preliminary Major Site Plan
$3,500 - Final Site Plan
$1,000 - Variance
$8,500 - Total Base Fee
e.
Refundable Escrow Fees. These fees, in the amounts listed below, are to be known as Refundable Escrow Account, to be maintained by the Borough Treasurer. Such amounts shall be paid, at the request of the Board, in cash, certified check or money order and no further action will be taken until such fee is received.
All costs, expenses and fees incurred by the Board, for the services of a planner, engineer, attorney or other professional consultant or expert during the application review process shall be paid by the Board from the escrow funds. When the escrow balance has become depleted, to 20% of the original amount, the Board may require the deposit of such additional amounts as are deemed necessary.
Unit charges of experts, consultants and other professionals, shall be in accordance with rates normally charged the municipality or Board for similar work.
Upon final action with regard to the application (including withdrawal or dismissal), the Borough Treasurer shall provide the applicant with an accounting of the escrow funds, itemizing each individual disbursement. Where the escrow balance exceeds the aggregate of additional costs associated with the application, the difference, along with interest, if required by N.J.S.A. 40:55D-53.1 will be refunded. In the event that the additional costs exceed the escrow balance, the applicant shall be required to satisfy such deficiency before any plats will be signed or permits issued.
Escrow | ||
|---|---|---|
1. | Site Plans | |
Minor Site Plan | $3,000 | |
Preliminary Major Site Plan | $4,000 | |
Final Major Site Plan | $3,500 | |
2. | Subdivisions | |
Minor Subdivision | $4,000 | |
Major Subdivision Sketch Plat | $1,500 | |
Preliminary Major Subdivision | $4,000 | |
Final Major Subdivision | $4,000 | |
3. | Variance and Design Waiver | |
Variance | $4,000 | |
Use Variance | $4,000 | |
Interpretation of Ordinance/Map | $1,000 | |
Special Permit | $2,000 | |
Appeals | $2,500 | |
4. | Special Meetings | |
Special Meeting (Applicant Request) | $4,000 | |
Design Waivers (each) | $300 | |
5. | Pre-Application Review | $1,500 |
6. | Re-Zone Application | $3,500 |
7. | Abridged Site Plan | $2,000 |
8. | Informal Review of Concept Plan for Development pursuant to N.J.S.A.40:55D-10.1 and sub-section 20-7.15 | $750 |
[Ord. #543; Ord. #585; Ord. #625; 1972 Code § 19-6; as amended by N.J.S.A. 40:55D-16]
Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the County Planning Board. A zoning ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the master plan shall not take effect until a copy of the resolution shall be filed with the County Planning Board. The Secretary of the County Planning Board shall within 10 days of the date of receipt of a written request for copies of any development regulation make such available to the party so requesting with said Secretary's certification that said copies are true copies and that all filed amendments and resolutions are included. A reasonable charge may be made by the County Planning Board for said copies.
The official map of the municipality shall not take effect until filed with the county recording officer.
Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Municipal Clerk.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7; amended 5-11-2020 by Ord. No. 1093; 11-28-2022 by Ord. No. 1122]
a.
An application for development is required for all development as defined in this Chapter. Approval by the Municipal Agency of subdivision or individual lot applications for detached single-family and two-family dwelling unit buildings and their accessory buildings shall be exempt from site plan review and approval. No building permit shall be issued until approval has been given by the Municipal Agency for those applications requiring approval.
b.
A development application may take the form of a request for site plan approval, conditional use, subdivision, variance from the standards of the Zoning, Chapter 21, or it may combine any of the above.
c.
All development applications shall be submitted to the Secretary of Municipal Agency at least 21 days prior to the Municipal Agency meeting at which consideration is desired. They shall be submitted in 18 blue or black on white prints and shall be accompanied by 18 copies of the application form. In addition, each applicant is required to submit a digital copy of their application, including copies of submitted plans, plats, maps and other documentation, to the Secretary of the Municipal Agency at least 21 days prior to the Municipal Agency meeting at which consideration is desired. The digital copies shall be submitted in PDF form on a CD or flash drive.
d.
The Municipal Clerk shall retain one full set of the application and documentation and shall forward the remaining copies to the appropriate Municipal Agency.
The secretary of the Municipal Agency shall forward one complete set immediately upon receipt and prior to a public hearing, to the following persons or agencies:
e.
The Municipal Agency shall review each application for its completeness at its first regular meeting after submission, and if complete, shall set a public hearing date, if required, and so notify the applicant. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application or it shall be deemed to be properly submitted.
f.
Where County Planning Board review and approval of site plans and subdivisions is required by N.J.S.A. 40:27-6.3 and 6.6, the Municipal Clerk shall provide County Planning Board applications and instructions to the applicant and shall receive the County submission and required fee for forwarding to the County. Applications shall be forwarded to the County within five days of receipt of a complete submission. The Municipal Agency shall condition any approval that it grants upon timely receipt of a favorable report, or approval by the County Planning Board's failure to report thereon within 30 days.
g.
A copy of all other site plans and subdivisions shall be sent to the County Planning Board for informational purposes and the Municipal Agency approval shall not require waiting for County action.
h.
No application shall be heard nor deemed complete until submission of a certification by the tax collector that all outstanding taxes on the property subject to development have been paid in full.
i.
No application shall be heard nor deemed complete until the submission of a certification by the water and sewer collector that all outstanding water and sewer fees on the property subject to development have been paid to date.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
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 pursuant to this Subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7; Amended by N.J.S.A. 40:55D-48.2]
a.
Site Plan.
1.
It is required that the developer submit a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. Architectural plans are required to be submitted for site plan approval and the preliminary plans and elevations shall be sufficient. Minor site plans shall be submitted in the same manner and are subject to the same time periods and restrictions. However, the site plan details may be waived upon application to and approval of the Planning Board.
2.
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the Chapter and the Municipal Land Use Law, grant preliminary site plan approval.
3.
Upon the submission to the Secretary of a complete application for a site plan of more than 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
b.
Minor Subdivision.
1.
It is required that a developer submit minor subdivisions to the Planning Board for approval. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of the certain improvements permitted by law.
2.
The Municipal Agency shall require notice and public hearing for an application for subdivisions if the Agency finds that the application conforms to the definition of "minor subdivision" as defined by this Chapter. They shall proceed as specified in this Chapter.
3.
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Municipal Agency or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
4.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted to accept a plat not in conformity with the "Map Filing Act", provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said act.
5.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
6.
The Secretary of the Municipal Agency shall notify, in writing the person submitting a minor subdivision of the action taken by the agency within 10 days of the meeting at which the decision was made.
c.
Major Subdivision.
1.
It is required that a developer submit major subdivisions to the Planning Board for approval and shall require that the developer submit to the Secretary of the Municipal Agency a plat or such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to this Chapter shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.
2.
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this Chapter, grant preliminary approval to the subdivision.
3.
Upon the submission to the Planning Board of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
4.
A corporation or partnership applying to a Planning Board or a Board of Adjustment or to the governing body or a municipality 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.
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act, have been listed.
d.
As-Built Plan Requirement. No certificate of occupancy shall be issued by the construction official until endorsed by the Municipal Engineer certifying that the completed construction, building or development substantially complies with the requirements of the Land Use Ordinances, the requirements of the Board of Adjustment and/or the Planning Board if applicable. Prior to such endorsement and at the time of the foundation inspection, the owner shall provide the land use officer with an as-built plan pursuant to subsection 22-7.3.d on those cases where a site plan approval has been granted, the as-built plan shall be accompanied with a copy of the approved site plan signed by the project architect or engineer certifying that the project has been completed in compliance with the approved site plan.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
Preliminary approval of a major subdivision or a site plan shall, except as provided in paragraph d of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b.
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
c.
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by Ordinance, such revised standards may govern.
d.
In the case of subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs a, b and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
e.
The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
1.
The number of dwelling units and non-residential floor area permissible under preliminary approval; and
2.
The potential number of dwelling units and non-residential floor area of the section or sections awaiting final approval;
3.
Economic conditions; and,
4.
The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
a.
The Municipal Agency when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this Chapter, if the literal enforcement of one or more provisions of the Chapter, is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7; Amended 11/87; Amended by N.J.S.A. 40:55D-52, 40:55D-53]
a.
Site plans and major subdivisions.
1.
The Municipal Agency shall grant final approval, if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law" provided that in the case of a residential cluster the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
2.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Planning Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
3.
As a condition for approval of a subdivision or site plan, a developer shall pay his pro-rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such payments shall be based on circulation and comprehensive utility service plans as required in the Master Plan and shall be established by fair and reasonable standards to determine the proportionate or pro-rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro-rata share under protest he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
4.
Effect of final approval of a site plan or major subdivision.
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this Chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this Section shall expire if the Plat has not been duly recorded within the time period required by this Chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(b)
In the case of a subdivision or site plan for a planned development of 50 acres or more or conventional subdivision or site plan for 150 acres or more, or site plan for development of a non-residential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection 1 of this Section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration:
(c)
The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
5.
Guarantees required; surety; release:
(a)
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to this Chapter, the approving authority may require and shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," P.L.1960, c. 141 (C. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
(2)
Provisions for a maintenance guarantee to be posted with the Governing Body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
(b)
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Governing Body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
(c)
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements.
(d)
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Governing Body in writing, by certified mail addressed in care of the municipal clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Governing Body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
(e)
The Governing Body shall either approve, (partially approve) or reject the improvements, on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Governing Body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee for such improvements.
(f)
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
(g)
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Governing Body or the Municipal Engineer.
(h)
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code 19-7; New]
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
a.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to this Chapter. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to this Chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
b.
It shall be the duty of the County Recording Officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
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 ordinance pursuant to this act, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
In addition to the foregoing, the municipality may institute and maintain a civil action for injunction relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with this Chapter.
[Ord. 543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
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 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.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7; New]
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, may apply in writing to the Secretary of the Municipal Agency, for the 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 of the owner thereof. The secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Secretary 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. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
a.
The existence in the Borough of the duly established Planning Board and the ordinance controlling subdivision of land adopted under the authority of c. 291 Laws of New Jersey 1975.
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 that subdivision on which the lands are a part is a validly existing subdivision.
A fee of $10 shall be charged for each certificate.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
a.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate 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 municipality pursuant to the provisions of this Chapter.
b.
If the Secretary 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 municipality pursuant to this Chapter.
Any such application addressed to the Clerk of the Municipality shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.
[Ord. #543; Ord. #585; Ord. #643; Ord. #649; 1972 Code § 19-7]
a.
Any applicant shall be required to submit a development application pursuant to this Chapter for conditional uses, formerly called special exceptions.
b.
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Secretary, or within such further time as may be consented to by the applicant.
c.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this Chapter. The time period for action by the Planning Board on conditional uses pursuant to subsection 20-7.14b of this section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats if involved.
[Ord. #863, § 1]
a.
At the request of the developer, the Municipal Agency shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit towards fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Municipal Agency shall not be bound by any such review.
b.
The developer shall file with the secretary of the Municipal Agency at least 21 days prior to the meeting of the Municipal Agency, 12 black on white copies of the informal concept plan, 12 completed copies of the application form, any other documents which will assist the Municipal Agency in its review of the concept plan, and the applicable fee.
[Ord. #543; Ord. #585; 1972 § 19-9]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Municipality based on or made in the enforcement of the Zoning, Chapter 21, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Municipal Agency all the papers constituting the record upon which the action appealed from was taken.
[1]
Editor's Note: Former subsection 20-8.2, Appeal to the Governing Body; Time; Notice; Modification; Stay of Proceedings, previously codified herein and containing portions of Ordinance Nos. 543, 585 and 1972 Code § 19-10; as amended by N.J.S.A. 40:55D-17, was repealed in its entirety by Ordinance No. 984.
[Ord. #543; Ord. #585; 1972 Code § 19-10]
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 set forth in the definition of such term found in the Statute, unless a contrary intention is clearly expressed from the context of this Chapter.
[Ord. #543; Ord. #585; 1972 Code § 19-10]
[Ord. #543; Ord. #585; 1972 Code § 19-10]
All applications for development filed prior to the effective date of this Chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of this Chapter.
[Ord. #543; Ord. #585; 1972 Code § 19-10]
Immediately upon adoption of this Ordinance the Municipal Clerk shall file a copy of this Ordinance with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.