A.
Pursuant to N.J.S.A. 40:55D-25(c)(1), the Planning Board shall exercise,
to the same extent and subject to the same restrictions, all the powers
of the former Borough of Wildwood Crest Board of Adjustment. The Class
I and the Class III members shall not participate in the consideration
of applications for development which involve relief pursuant to Subsection
(d) of N.J.S.A. 40:55D-70.
B.
The term "Planning Board" shall be substituted for the term "Zoning
Board of Adjustment" or is equivalent in each and every instance where
Zoning Board of Adjustment or its equivalent appears in any code,
ordinance, resolution, rule, regulation or amendments thereto of the
Borough of Wildwood Crest.
[1]
Editor's Note: This ordinance also provided that any application
for development submitted to the Board of Adjustment pursuant to lawful
authority before the effective date of this ordinance may be continued
at the option of the applicant, and the Board of Adjustment shall
have every power which it possessed before the effective date of this
ordinance in regard to the application.
[1]
Editor's Note: Former § 85-116, Zoning Board meetings,
as amended, was repealed 3-9-2022 by Ord. No. 1376.
[Ord. No. 893 § 1]
The Zoning Board of Adjustment shall have the power to:
A.
Hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or refusal made
by the Construction Official based on or made in the enforcement of
the zoning provisions of this Ordinance. The Construction Official
shall transmit to the Secretary of the Board all papers constituting
the records upon which the action appealed from was taken. The applicant
shall provide all the information required on the appeal or variance
application form as well as any additional information that may be
required by the Board to aid in reaching a decision.
B.
Hear and decide in accordance with the provisions of any such ordinance,
requests for interpretation of the Zoning Map or Ordinance or for
decisions upon other special questions upon which such Board is authorized
to pass by any Zoning or official Map Ordinance in accordance with
N.J.S.A. 40:55D-1 et seq. An appeal for an interpretation of the Zoning
Officer's and/or Construction Official's decision may be taken by
any person aggrieved by the Zoning Officer's and/or Construction Official's
decision.
C.
1.
Where by (a.) reason of exceptional narrowness, shallowness or shape
of a specific piece or 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
pursuant to N.J.S.A. 40:55D-62 et seq. of the Municipal Land Use Law
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 Article 8 of the Municipal Land Use Law; provided, however,
that the fact that a proposed use is an inherently beneficial use
shall not be dispositive of a decision on a variance under this subsection
and provided that no variance from those departures enumerated in
N.J.S.A. 40:55D-70d 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 pursuant to 40:55D-60 of the Municipal Land
Use Law. (N.J.S.A. 40:55D-70c)
D.
Where, in an application or appeal relating to a specific piece of
property the purposes of the Municipal Land Use Law would be advanced
by a deviation from the Ordinance requirements and the benefits of
the deviation would substantially outweigh any detriment, grant a
variance to allow departure from such ordinance requirements; provided,
however, that no variance from those departures enumerated below 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.
E.
In particular cases and for special reasons, grant a variance to
allow departure from the zoning provisions of this Ordinance 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 particular specification or standard set
forth in this chapter as pertaining solely to a conditional use; (4)
an increase in the permitted floor area ratio as defined in this Ordinance
and in N.J.S.A. 40:55D-4; (5) an increase in the permitted density
as defined in N.J.S.A. 40:55D-4, except as applied to the required
lot area for a lot or lots for detached one or two dwelling units,
which lot or lots are either an isolated undersize lot or lots resulting
from a minor subdivision; (6) a height of a principal structure which
exceeds by 10 feet or 10% the maximum height permitted in the district
for a principal structure. A variance under this subsection shall
be granted only by affirmative vote of at least five members of the
Board. (N.J.S.A. 40:55D-70d)
F.
It shall be the responsibility of any applicant for a use variance
to assure that the hearing will be recorded verbatim by a court reporter,
whether or not the means for doing so are provided by the Board.
G.
A use variance shall expire if no construction, alteration or conversion
relative to the use has been commenced within three years of the date
of the Board's approval of the variance. For use variances granted
prior to the effective date of this subsection, the three years period
shall commence as of the effective date approval of said variance.
For use variances which become the subject of litigation, the three
years period shall commence on the date of the last reviewing court's
decision to grant the variance. For good cause shown, and after a
hearing before the Board on notice in the manner required, an extension
of the variance approval may be granted by resolution. Any extension
may not exceed one year in duration and no more than two extensions
shall be permitted. The application for extension of use variance
shall be made prior to the expiration of the time limit sought to
be extended.
H.
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 without substantially
impairing the intent and purpose of the zoning plan and other provisions
of this Ordinance. An application under this section may be referred
to any appropriate person or agency, including the Planning Board,
pursuant to N.J.S.A. 40:55D-26, for its report; provided that such
reference shall not extend the period of time within which the Zoning
Board of Adjustment shall act.
I.
The Zoning Board of Adjustment shall have such other powers including
the following:
1.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
2.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure not related to a street.
3.
The Zoning Board of Adjustment shall have the power to grant to the
same extent and subject to the same restrictions as the Planning Board
a subdivision, site plan, or conditional use approval whenever the
proposed development requires approval by the Board of Adjustment
pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit
a separate application requesting approval of the variance and a subsequent
application for any required approval of a subdivision, site plan
or conditional use. The separate approval of the variance shall be
conditioned upon grant of all required subsequent approvals by the
Board of Adjustment. No subsequent approval shall be granted unless
such approval can be granted without substantial detriment to the
public good and without substantial impairment of the intent and purpose
of the zone plan and zoning provisions. The number of votes of Board
members required to grant any such subsequent approval shall be as
otherwise provided.
4.
Whenever an application for development requests relief pursuant
to Subsection 1.3 the Board of Adjustment shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the Planning Board Secretary or Zoning
Board of Adjustment Secretary or within such further time as may be
consented by the applicant. In the event that the developer elects
to submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this Ordinance and the Municipal Land Use Law. Failure
of the Board of Adjustment to act within the period prescribed shall
constitute approval of the application and a certificate of the Secretary
of the Board of Adjustment 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.
5.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision,
or N.J.S.A. 40:27-6.6 in the case of a site plan, the Zoning Board
of Adjustment shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time.
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of an official of the Borough of Wildwood
Crest based on or made in the enforcement of the Zoning Ordinance
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the official from whom the appeal is taken,
with three copies of the notice given to the Secretary of the Board.
The notice shall specify the grounds for the appeal. The official
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 Construction Official.
C.
The Board 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 powers of the municipal official
from whom the appeal is taken.
D.
An appeal to the Zoning Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Board, after the notice of appeal
shall have been filed with him, that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the municipal
official from whom the appeal is taken and on due cause shown.
E.
The Board shall render a decision not later than 120 days after the
date the appeal is taken from the decision of the municipal official
or from the date the application is certified as a complete application
by the Secretary of the Zoning Board of Adjustment, as the case may
be, or within such further time as may be consented to by the applicant.
Failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant.
[Ord. No. 1161]
A.
A Planning Board is hereby established in Wildwood Crest Borough
pursuant to N.J.S.A. 40:55D-23, consisting of nine members and four
alternate members from the following four classes:
[Amended 3-9-2022 by Ord. No. 1376]
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Class I
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The Mayor.
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Class II
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One of the officials of the municipality, other than a member
of the Governing Body, to be appointed by the Mayor; provided that
if there be an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by section 1 of P.L. 1968, c.245 (N.J.S.A. 40:56A-1), shall be deemed
to be the Class II Planning Board member for the purposes of this
act in the event that there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education.
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Class III
|
The Class III member shall be a member of the Governing Body
to the appointed to it in accordance with N.J.S.A. 4:55D-23.
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Class IV
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Regular Members
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Seven other citizens of the municipality to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one member may be a member of
the Board of Adjustment and one may be a member of the Board of Education.
If there is a municipal Environmental Commission, the member of the
Environmental Commission who is also a member of the Planning Board,
as required by section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1),
shall be a Class IV Planning Board member, unless there be among the
Class IV or alternate members of the Planning Board both a member
of the Zoning Board of Adjustment and a member of the Board of Education,
in which case the member common to the Planning Board and municipal
Environmental Commission shall be deemed a Class II member of the
Planning Board.
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Class IV
|
Alternate Members
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Four other citizens of the municipality may be appointed as
alternate members. Alternate members shall be appointed by the Mayor
and shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than two alternate members shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
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No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the Governing Body for cause.
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Alternate members may participate in discussions of the proceedings
may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
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B.
The term of the member composing Class I shall correspond to his
official tenure. The term of the member comprising Class II shall
be for one year or terminate at the completion of his/her respective
term of office, whichever occurs first except for a Class II member
who is also a member of the Environmental Commission. The term of
a Class II or Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever comes first. The term of a Class IV member who is also a
member of the Board of Adjustment, or Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first. The terms of all Class
IV members shall be so determined that to the greatest practicable
extent the expiration of such terms 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,
the Class IV term of each such member shall be 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 above provided,
for the unexpired term. All terms shall run from January 1 of the
year in which the appointment was made. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing, if he requests
one, may be removed by the Governing Body for cause. Nothing in this
Ordinance shall, however, be construed to affect the terms of any
present members of the Planning Board, all of whom shall continue
in office until the completion of the terms for which they were appointed.
C.
If a vacancy in any class shall occur otherwise than by expiration
of a term, it shall be filled by appointment as above provided for
the unexpired term.
D.
Nomination of officers shall be made from the floor at the annual
organization meeting which shall be held on the first Thursday in
January each year. A candidate receiving a majority vote of the members
of the Planning Board present (a quorum being present) shall be declared
elected and shall serve for one year or until his successor shall
take office. Vacancies in offices shall be filed immediately by the
regular election procedure.
E.
The Officers of the Planning Board shall consist of a Chairperson,
a Vice Chairperson and a Secretary. The Chairperson shall preside
at all meetings and hearings of the Planning Board and shall have
the duties normally conferred by parliamentary usage on such officers.
The Chairperson shall be one of the citizen members of the Board.
He or she shall have the privilege of discussing all matters before
the Board and of voting thereon. The Vice Chairperson shall act for
the Chairperson in his or her absence and shall be a citizen member
of the Board.
F.
The Secretary shall keep the minutes and records of the Board, prepare
the agenda of regular and special meetings with the Chairperson, provide
notice of meetings to Board members, arrange proper and legal notice
of meetings, attend to correspondence of the Board and perform such
other duties as are normally carried out by a Secretary. The Secretary
need not be a member of the Board. The Board may employ or dismiss
a Secretary.
G.
The Planning Board may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary
to aid the Board in its work. Appointments shall be made by a majority
vote of the members of the Planning Board present (a quorum being
present). The Board, however, shall not authorize expenditures which
exceed, exclusive of gifts or grants, the amount appropriated by the
Governing Body for its use.
H.
The Governing Body shall make provisions in its budget and appropriate
funds for the expenses of the Planning Board.
I.
The office of Planning Board Attorney is hereby created. The Planning
Board may annually appoint to such office and fix compensation or
rate of compensation of an attorney-at-law of New Jersey other than
the Municipal or Board of Adjustment Attorney.
[Ord. No. 1161-Amended Appendix
A]
A.
The Planning Board will, at its meetings, conduct hearings and review
applications and Committee reports. The applicant or applicant's representative
will be advised in writing of the meeting location, date, and time.
The applicant or applicant's representative and his attorney must
be present at the hearing to present the application and answer questions
relating thereto.
B.
In addition to those required by law, the Board may, at its discretion,
hold public hearings when it decides that such hearings will be in
the public interest. Notice of such hearings shall be published in
the official newspaper of the Borough at least 10 days before the
time of public hearings. Such other notices as shall be required by
law shall also be provided. A record shall be kept of those speaking
before the Board.
C.
Meetings will be held every month when applications have been submitted
for review and hearing.
D.
A majority of the membership of the Board of nine shall constitute
a quorum and the number of votes necessary to transact business shall
be a majority vote of the members of the Planning Board present (a
quorum being present). Voting shall be by roll call. A record of the
roll call vote shall be kept as part of the minutes.
E.
Special meetings may be called by the Chairperson. The Chairperson
shall also call such special meetings when requested to do so in writing
by two or more members of the Board. The notice of such a meeting
shall specify the purposes of such a meeting and no other business
may be considered except by unanimous consent of the Board. The Secretary
shall notify all members of the Board in writing not less than five
days in advance of such special meetings.
F.
The following standing subcommittees shall be appointed by the Chairperson:
1.
Master Plan Committee.
2.
Development Review Committee
The standing committees shall be appointed for one year and
shall consist of four members. Vacancies shall be filled immediately
by the Chairperson of the Planning Board. Other special committees
may be appointed by the Chairperson for purposes and terms which the
Board approves.
The Development Review Committee meets prior to the regularly
scheduled monthly meeting of the Planning Board. Unless advised to
the contrary, the applicant and/or the applicant's representative
should be present.
The Planning Board shall have the powers listed below in addition
to other powers established:
A.
Make, adopt, and, from time to time, amend a Master Plan for the
physical development of the Borough, which shall include consideration
of any areas outside its boundaries which, in the Board's judgment,
bear essential relation to the planning of the Borough according to
the provisions of N.J.S.A. 40:55D-28.
B.
Administer the land subdivision and site plan review provisions of
this Ordinance and other development control ordinances of the Borough
in accordance with the applicable provision thereof and the provisions
of N.J.S.A. 40:55D-37 et seq.
C.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
D.
Assemble data on a continuing basis as part of a continuous planning
process.
E.
Approve conditional use applications in accordance with the provision
of this Ordinance pursuant to N.J.S.A. 40:55D-67.
F.
Approve conditional uses, in accordance with the provisions of this
Ordinance including consideration of the following:
1.
That departures by the proposed development from zoning regulations
otherwise applicable in the zoning district are reasonable under the
circumstances of the particular conditional use and do not defeat
the purpose of the zoning district in question.
2.
Any proposals for open space are proper in amount, location and purpose.
3.
That the physical design of the proposed development makes adequate
provision for public services, control over vehicular and pedestrian
traffic, and the amenities of light, air, and visual enjoyment.
4.
That the proposed conditional use will not have an unreasonably adverse
impact upon the adjoining property and the area in which it is proposed
to be established.
5.
The terms and conditions applicable to any approved conditional use
are adequate to protect the interest of the general public as well
as the property owners and its perspective users.
G.
From time to time, at the request of the Governing Body prepare or
review a program of municipal capital improvement projects projected
over a term of six years and recommend same to the Governing Body.
H.
Consider and make report to the Governing Body within 35 days after
referral as to any proposed development regulation submitted to it
pursuant to the provisions of N.J.S.A. 40:55D-26(a) and also pass
upon other matters specifically referred to the Planning Board by
the Governing Body pursuant to the provisions of N.J.S.A. 40:55D-26(b).
I.
Perform such other advisory functions as may be assigned to it by
ordinance or resolution of the Governing Body.
J.
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plats, site plans or conditional
uses:
2.
Direction for issuance of a permit for a building or structure in
the bed or mapped street or public drainageway, flood control basin
or public area; and
3.
Direction for issuance of a permit for a building or structure on
a lot not abutting a street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval for a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this Ordinance.
[Ord. No. 989 § 1; Ord. No. 900 § 1]
A.
Meetings.
1.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and shall be held
as scheduled unless canceled for lack of pending applications.
2.
Special meetings may be held at the call of the Chair or at the request
of any two Board members. The members of the respective board and
the public shall be given notice of such meeting in accordance with
all applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the Board.
4.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent
for one or more of the meetings at which a hearing was held shall
be eligible to vote on a matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings; provided,
however, that a transcript or recording of all of the hearing from
which he was absent exists; and provided, further, that such Board
member certifies in writing to the Board that he has read such transcript
or listened to such recording.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6,
et seq. Such other notices as shall be required by law shall also
be provided. An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular meeting or a special meeting in accordance with the provision
of N.J.S.A. 40:55D-9.
6.
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
of the Planning Board or the Municipal Clerk. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes for his use.
B.
Public Notice and Hearing Structure.
1.
The Planning Board or Zoning Board of Adjustment shall hold a hearing
on each application for development, or adoption, revision or amendment
of the Master Plan. Each Board shall make the rules governing such
hearings. Applications for preliminary major subdivision approval,
preliminary major site plan approval, conditional use approval, or
variance relief require advertisement and legal notice as provided
by statute, ordinance, resolution and by-laws. Applications for final
major subdivision approval, final major site plan approval, minor
subdivision approval and minor site plan approval would not require
such notice. The Planning Board or Zoning Board cannot act upon applications
requiring legal notice and advertisement unless and until the requirements
governing each action have been met. The Development Review Committee
will not review applications prior to when the requirements are met.
The advertisement and legal notice requirements are as set forth in
the Municipal Land Use Law as provided for in N.J.S.A. 40:55D-12 and
in the case of condominium associations or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it, in accordance with N.J.S.A. 40:55D-12B, notice of a hearing
requiring public notice pursuant to N.J.S.A. 40:55D-12A shall be given
to the owners of all real property as shown on the current tax duplicate
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 (i) condominium
association, in the case of any unit in the same manner as a corporation,
such notice being to the president, vice-president, secretary or other
person authorized by appointment or by law to accept service on behalf
of that condominium association and no further notice to unit owners,
co-owners or home owners of the condominium association is required.
There is a fee for the said list, and it takes up to seven working
days to prepare the list. Notices must also be sent to all other persons
and bodies as required by law. Notices sent to those adjacent owners
must be sent by certified mail, return receipt requested or must be
by personal service. Notices must be mailed, or personally served,
10 days before the Board's hearing. Copies of both the list of property
owners (as secured from the Borough Tax Office) and the original mailing
receipts or photocopies thereof arranged in list order sequence must
be delivered to the Administrative Official at least one full week
prior to the day of the scheduled hearing. Copies of the return receipts
are to be delivered to the Secretary of the Planning Board three days
before the hearing. Affidavits of personal service and/or certified
mailing return receipt requested must be filed at least one week prior.
Legal advertisement must be published in the Gazette Leader at least
10 days before the hearing. The notice form must be completed before
delivery to the newspaper. A proof of publication will be presented
to the applicant by the newspaper after the notice appears in the
publication. This proof of publication must be presented to the Secretary
of the Planning Board one full week prior to the meeting at which
the application is to be heard.
2.
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 Municipal Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents. Notwithstanding the foregoing,
all items required for a complete application must be filed with the
Secretary of the Planning Board at least 45 days before the hearing
date.
3.
Every application for development submitted to the Planning Board
or Zoning Board of Adjustment shall be accompanied by proof that no
taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application.
4.
The officer presiding at the hearings, 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 Municipality Investigations Law," P.L.
1953, c.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
5.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
6.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
The Board shall not be bound by the strict rules of evidence,
but it may exclude irrelevant, immaterial, incompetent, or unduly
argumentative or repetitious testimony or evidence.
The Chairperson shall rule on all questions relating to the
admissibility of evidence, which may be overruled by a majority of
the Board.
7.
The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographer, mechanical or electronic means
at the developers expense.
8.
The municipal agency shall include findings 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:
a.
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
b.
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 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. 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.
9.
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 retained by the municipal agency and will be available
upon request to the appropriate Board Secretary upon the payment of
a reasonable fee.
10.
A brief notice of the decision shall be published in the official
newspaper of the municipality. Such publication shall be arranged
by the Board Secretary; provided that nothing in this Ordinance shall
be construed as preventing the applicant from arranging such publication
if he so desires. The municipality may make a reasonable charge for
its publication. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the municipality or the applicant.
C.
Notice of Applications.
1.
Public notice of a hearing shall be given by the applicant for the
following applications for development:
a.
Any request for a variance;
b.
Any request for conditional use approval;
c.
Any request for issuance of a permit to build within the bed of a
mapped street or public drainageway or on a lot not abutting a street;
d.
Any request for preliminary approval of a major site plan or subdivision
plat; and
e.
Any request for approval of a planned development.
2.
The Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least 10 working
days prior to the public hearing at which the application will be
discussed. Notice of a hearing requiring public notice shall be given
by the applicant at least 10 days prior to the date of the hearing
in the following manner:
a.
By publication in the official newspaper of the Borough.
b.
To all owners of real property as shown on the current Tax Map duplicate,
located in the State and within 200 feet in all directions of the
property which is the subject of such hearings, notwithstanding N.J.S.A.
40:55D-12b in the case of a condominium unit owner, and a horizontal
property regime owner, notice shall be required to be given to the
individual unit owners and not simply served upon the condominium
association. The condominium association may be served because of
its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, but not with
respect to the ownership of the individual units.
c.
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, or secretary, or other person authorized by appointment
or by law to accept service on behalf of the corporation.
d.
To the clerk of any adjoining municipality or municipalities when
the property involved is located within 200 feet of said adjoining
municipality or municipalities. Notice shall be given by personal
service or certified mail.
e.
To the County Planning Board when the application for development
involved property adjacent to an existing County road or proposed
road as shown on the County Official Map or the County Master Plan,
adjoining other County land or situated within 200 feet of a municipal
boundary. Notice shall be given by personal service or certified mail.
f.
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway. Notice shall be given by
personal service or certified mail.
g.
To the State Planning Commission for any hearing which involves 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 pursuant
to N.J.S.A. 40:55D-10.
3.
Upon the written request of an applicant the Borough Tax Collector
shall, within seven days, make and certify a list from current tax
duplicates of names and addresses of owners within the Borough to
whom the applicant is required to give notice. Failure to give notice
to any lot owner not on the list obtained in such manner shall not
invalidate any hearing or proceeding. A sum not to exceed the maximum
set forth in N.J.S.A. 40:55D-12C may be charged for such lists.
4.
The applicant shall be responsible for giving proper notice to all
property owners.
5.
The applicant shall file an Affidavit of Proof with the Planning
Board or Zoning Board of Adjustment in accordance with the provisions
of § 85-122B.1 of this Ordinance.
6.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, including a precise description
of any requested variances or design standards waivers; 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 Borough's Tax Assessor's office; and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
Any interested party may appeal to the Superior Court any final
decision of the Zoning Board of Adjustment or Planning Board. There
shall be no appeal to the Governing Body.
Any decision of the Planning Board or Zoning Board of Adjustment
when acting upon an application for development shall be given notice
in the following manner:
A.
Within 10 days of the date of decision or date of memorialization
a copy thereof shall be mailed without separate charge by the appropriate
municipal authority to the applicant, or appellant or to any attorney
by whom represented. A copy of the decision shall also be mailed within
10 days to any interested party who has requested it and who has paid
the fee prescribed by the municipal authority for such service.
B.
A brief notice of every decision shall be published in the official
newspaper of the Borough. Such publication shall be arranged by the
Secretary of the Planning Board, the Secretary of the Zoning Board
or the Borough Clerk, as the case may be. The notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
C.
A copy of the decision shall also be filed in the office of the Borough
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as that established for copies of other public documents in the Borough.
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of said rules or of the separate fee schedule shall be
available to the public.
A.
A corporation or partnership applying to the Planning Board or the
Zoning Board of Adjustment or the Governing Body 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.
B.
If a corporation or partnership owns 10% or more of the stock of
a corporation or 10% or greater interest in a partnership, either
of which is subject to disclosure, 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 the said partnership, until the
names and addresses of the non-corporate stockholders and individual
partners exceeding the 10% ownership criterion have been listed.
D.
Any corporation or partnership which conceals the names of the stockholders
owning 10% or more of its stock, or of the individual partners owning
a 10% or greater interest in the partnership, as the case may be,
shall be subject to a fine of $1,000 to $10,000 which shall be recovered
in the name of Wildwood Crest Borough in any court of record in the
State in a summary manner pursuant to "The Penalty Enforcement Law"
(N.J.S.A. 2A:58-11 et seq.).
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Planning Board
or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application.
