[1-23-2019 by Ord. No.
1128-18]
Note: Former Section 301, Establishment Of The Zoning Board
of Adjustment; Section 302, Powers And Jurisdiction Of The Zoning
Board Of Adjustment; and Section 303, Appeals And Applications To
The Zoning Board Of Adjustment, were repealed by Ordinance 946-12.
[1-23-2019 by Ord. No.
1128-18]
A.
In accordance with the provisions of N.J.S.A. 40:55D-23, N.J.S.A.
40:55D-25c and as otherwise authorized by the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., the Planning Board heretofore created is
continued, consisting of nine regular and four alternate members of
the following four classes:
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Class
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Designated Member
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|---|---|
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Class I
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The Mayor or the Mayor's designee in the absence of the Mayor.
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|
Class II
|
One of the officials of the City, 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 et seq.), shall be deemed
to be the Class II Planning Board member for purposes of this chapter
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
|
One member of the governing body to be appointed by it.
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Class IV regular members
|
Six 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 if there be an Environmental
Commission, the member of the Environmental Commission who is also
a member of the Planning Board, as required by N.J.S.A. 40:56A-1,
shall be the Class IV Planning Board member.
|
|
Class IV Alternate Members
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Two other citizens of the municipality to be appointed by the
Mayor. Alternate members shall meet the qualifications of Class IV
regular members and shall be designated by the Mayor at the time of
their appointment as "Alternate No. 1" and "Alternate No. 2." In the
event that a choice must be made as to which alternate member is to
vote, Alternate No. 1 shall vote.
|
B.
The term of the member composing Class I shall correspond to the
Mayor's official tenure, or if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
member composing Class II and Class III shall be for one year or terminate
at the completion of his/her respective terms of office, whichever
occurs first. The term of a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his/her term as a member of the Environmental
Commission, whichever comes first. The terms of each alternate member
shall be two years, except that the first term of office shall be
so set to ensure that only one such alternate member's term shall
expire in any one year. A vacancy occurring otherwise than by expiration
of the term shall be filled for the unexpired term only.
C.
The members of Class IV shall hold no other municipal office, position
or employment, except that in the case of nine-member boards, one
such member may be a member of the Zoning Board of Adjustment or Historic
Preservation Commission. No member of the Board of Education may be
a Class IV member of the Planning Board, except that in the case of
a nine-member board, one Class IV member may be a member of the Board
of Education. If there be 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 or Historic Preservation
Commission 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. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of municipal office.
D.
All present Class IV members of the Planning Board shall continue
in office until the completion of the terms for which they were appointed.
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/her
Class IV term, whichever occurs first.
E.
The terms of all Class IV members first appointed under this act
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 appointments, 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. 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, may be removed by the governing
body for cause.
F.
The terms of the Class IV alternate members shall be two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. All terms shall run from January
1 of the year in which the appointment is made.
G.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
H.
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, be removed by the governing
body for cause.
I.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a Class I member may be removed
by the governing body for cause but only after public hearing, if
requested, and other requested procedural due process protection.
J.
Yearly, the Planning Board shall organize by selecting from among
its Class IV regular members a Chairman and a Vice Chairman. Nomination
of officers shall be made from the floor at the annual organization.
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 filled immediately by the regular election
procedure.
K.
The Board shall also select a Secretary. 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.
L.
The governing body, after giving due consideration to budget requests
that may be submitted by the Planning Board, shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board.
M.
The office of Planning Board Attorney is hereby created. The Planning
Board may appoint to such office and fix compensation or rate of compensation
of an attorney-at-law of New Jersey other than the City Attorney.
N.
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.
The Board, however, shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
O.
If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A.
40:55D-23.1 from acting on a matter due to the member's personal or
financial interests therein, regular members of the Board of Adjustment
shall be called upon to serve, for that matter only, as temporary
members of the Planning Board in order of seniority of continuous
service to the Board of Adjustment until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any personal or financial interest therein, whether direct
or indirect. If a choice has to be made between regular members of
equal seniority, the Chairman of the Board of Adjustment shall make
the choice.
[1-23-2019 by Ord. No.
1128-18]
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.
1.
The following subcommittees shall be appointed by the Chairperson:
a.
Master Plan Committee.
(1)
The Master Plan Committee shall consist of three members. Vacancies
shall be filled immediately by the Chairperson of the Planning Board.
(2)
The Master Plan Committee shall be appointed and meet as necessary
during any update or reexamination of the Master Plan. If deemed necessary
by the Chairperson, the Master Plan Committee shall also meet to confer
on any proposed development regulation that has been referred to the
Planning Board by the City Commissioners.
b.
Development Review Committee.
(1)
The Development Review Committee shall consist of three members
of the Planning Board, professionals working for the Planning Board,
and City Officials.
(2)
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.
2.
Both committees shall be appointed for one year and shall consist
of three members. Other special committees may be appointed by the
Chairperson for purposes and terms which the Board approves.
[1-23-2019 by Ord. No.
1128-18]
A.
The Planning Board shall have the powers listed below in addition
to other powers established by law:
1.
Make, adopt and, from time to time, amend a Master Plan for the physical
development of the City, including any areas outside its boundaries
which, in the Board's judgment, bear essential relationship to the
planning of the City.
2.
Administer the subdivision and site plan review provisions of the
Land Development Ordinance in accordance with the applicable provisions
of said ordinance and the provisions of the New Jersey Municipal Land
Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
3.
Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
4.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
5.
Assemble data on a continuing basis as part of a continuous planning
process.
6.
Annually, at the request of the City Commissioners, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the City Commissioners.
7.
Consider and report to the City Commissioners 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-26a, and also pass upon
other matters specifically referred to the Planning Board by the City
Commissioners pursuant to N.J.S.A. 40-55D-26b.
8.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the City Commission for the aid and assistance of
the City Commission or other agencies or officers.
9.
Variances pursuant to N.J.S.A. 40:55D-70c; direction for issuance
of a permit.
a.
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70d, to grant to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment:
(1)
Variances pursuant to N.J.S.A. 40:55D-70c, as amended and/or
supplemented from time to time.
(2)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
(3)
Direction pursuant N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not abutting a street.
b.
Whenever relief is requested pursuant to this section, notice of
the 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.
c.
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 chapter.
B.
Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall also exercise
the following powers of a Zoning Board of Adjustment:
1.
Hear and decide appeals where it is alleged by the applicant that
there is an error in any order, requirement, decision or refusal made
by a City official based on or made in the enforcement of the zoning
provisions of this chapter.
2.
Hear and decide requests for interpretation of the Zoning Map or
the zoning provisions of this chapter or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning or Official Map ordinance.
3.
Hear and decide requests for general bulk variances:
a.
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece or property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of 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;
b.
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;[1]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 N.J.S.A.
40:55D-60 of the Municipal Land Use Law.
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
4.
In particular cases and for special reasons, grant a variance to
allow departure from the zoning provisions of this chapter to permit:
a use or principal structure in a district restricted against such
use or principal structure; an expansion of a nonconforming use; deviation
from a particular specification or standard set forth in this chapter
as pertaining solely to a conditional use; an increase in the permitted
floor area ratio as defined in this chapter and in N.J.S.A. 40:55D-4;
an increase in the permitted density as defined in N.J.S.A. 40:55D-4,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling units, which lot or lots are either an isolated,
undersize lot or lots resulting from a minor subdivision; or 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. The Class I and the Class III
members of the Board shall not participate in the consideration of
applications for development which involve relief pursuant to the
subsection or pursuant to N.J.S.A. 50:55D-70d.
5.
General Provisions:
a.
No variance or other relief may be granted under the terms of this
section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and the zoning provisions
of this chapter.
b.
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 chapter. 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.
c.
The Board, in granting any variance which by law it is authorized
to grant, may impose such conditions, in addition to those required
in this chapter, as are necessary to assure that the general purposes
and intent of this chapter are met.
d.
Unless otherwise specified by the Board, a variance granted by the
Board shall expire and become null and void two years from the granting
by the Board unless within said two-year period the applicant obtains
a construction permit or otherwise avails himself of said approval.
The Planning Board, upon application and within said two-year period,
may extend said period for one year, but not to exceed three such
extensions. The application for extension of use variance shall be
made prior to the expiration of the time limit sought to be extended.
6.
The Board shall have such other powers as prescribed by law, including
but not limited to the following:
a.
Issuance of Construction Permit.
(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 drainageway, 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.
b.
Whenever relief is requested pursuant to this section, notice of
the 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.
c.
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 chapter.
7.
Hear and decide requests for variances as well as appeals where it
is alleged by the applicant that there is an error in any order, requirement,
decision or refusal made by a City official based on or made in the
enforcement of the Flood Damage Prevention Ordinance of the City of
Wildwood, Ordinance No. 1087-17.[2] In deciding and passing upon such applications, the Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, as well as the criteria
set forth in Sections 4.4-1 and 4.4-2 of the Flood Damage Prevention
Ordinance of the City of Wildwood, Ordinance No. 1087-17.[3]
[1-23-2019 by Ord. No.
1128-18]
A.
Conflicts of Interest. No regular or alternate member of the Planning
Board or Zoning Board of Adjustment shall act on any matter in which
he/she has either directly or indirectly any personal or financial
interest. Whenever any such member shall disqualify himself/herself
from acting on a particular matter, he/she shall not continue to sit
with the Board on the hearing of such matter nor participate in any
discussion or decision relating thereto.
B.
Vacancies and Removal From Office.
1.
If a vacancy in any class shall occur otherwise than by expiration
of the Zoning Board of Adjustment or Planning Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
2.
No member of either Board shall be permitted to act on any matter
in which he/she has, either directly or indirectly, any personal or
financial interest.
3.
Any member other than a Class I member, after a public hearing if
he/she request one, may be removed by the governing body for cause.
C.
Experts and Staff. The Zoning Board of Adjustment or Planning Board
may employ or contract for and fix compensation of a Zoning Board
of Adjustment or Planning Board Attorney, other than the City Attorney,
and experts, staff personnel and other services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
D.
Citizens' Advisory Committee. The Mayor may appoint one or more persons
as a Citizens' Advisory Committee to assist or collaborate with the
Zoning Board of Adjustment or Planning Board in its duties, but such
person or persons shall have no power to vote or take other action
required of the Board. Such person or persons shall serve at the pleasure
of the Mayor and shall be a citizen or citizens of the City of Wildwood.
E.
Environmental Commission. At such time that an Environmental Commission
is established and appointed in accordance with the provisions of
N.J.S.A. 40:56A-1 et seq., and said Environmental Commission has prepared
and submitted to the Zoning Board of Adjustment and/or Planning Board
an index of the natural resources of the City of Wildwood, the Zoning
Board of Adjustment and/or Planning Board shall make available to
the Environmental Commission an informational copy of every application
for development to the Zoning Board of Adjustment and/or Planning
Board. Failure of the Zoning Board of Adjustment and/or Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
F.
Rules and Regulations. The Zoning Board of Adjustment and/or Planning
Board shall adopt such rules and regulations as may be necessary to
carry into effect the provisions and purposes of this chapter. In
the issuance of subpoenas, administration of oaths and taking of testimony,
the provisions of the County and Municipal Investigation Law (N.J.S.A.
2A:67A-1 et seq.) shall apply.
G.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Zoning Board of Adjustment and/or Planning Board and of the persons
appearing by attorney, the action taken by the Zoning Board of Adjustment
and/or Planning Board, the findings, if any, made by it and reasons
therefor. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Administrative
Officer. 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 or her use.
H.
Fees for Services. Fees for services to provide copies of the minutes
or other documents or for the renderings of any service by the Zoning
Board of Adjustment and/or Planning Board, or any member of its administrative
staff, which are not otherwise provided by ordinance may be provided
for and adopted as part of the rules of the Zoning Board of Adjustment
and/or Planning Board, and copies of said rules or of the separate
fee schedule shall be available to the public.
I.
Meetings.
1.
Meetings of both the Planning Board and the Zoning Board of Adjustment
shall be scheduled no less than once a month, and any meeting so scheduled
shall be held as scheduled unless cancelled for lack of applications
for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public 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/her absence from one or more of the meetings;
provided, however, that such Board member has available to him/her
the transcript or recording of all of the hearings from which he/she
was absent, and certifies, in writing, to the Board that he/she has
read such transcript or listened to such recording.
5.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meetings Law C.231,
Laws of New Jersey, 1975.[1] Notice of all such meetings shall be given in accordance
with the requirements of the Open Public Meetings Law C.231, Laws
of New Jersey, 1975.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
J.
Public Hearings.
1.
The Planning Board or the Zoning Board of Adjustment, as the case
may be, shall hold a hearing on each application for development,
or for any adoption, revision, or amendment of the Master Plan. Each
Board shall make rules governing such hearings.
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 Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
3.
The officer presiding at the hearings, or such person as he/she may
designate, shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law,"
P.L.1953, C.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
4.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
or such other person as he/she may designate, 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 reasonable limitations as to time and
number of witnesses.
5.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence. The Chairperson shall rule on all questions relating to
the admissibility of evidence, which may be overruled by a majority
of the Board.
K.
Public Notice of a Hearing.
1.
Public notice of a hearing shall be given 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
[see § 17-306(I)(1) and § 17-306(O)(2)[2]];
[2]
Editor's Note: For statutory provisions regarding building
within the bed of a mapped street or public drainageway, see § 306A9a(2).
d.
Any request for site plan and/or subdivision approval involving one
or more of the aforesaid elements;
e.
Any request for approval of a preliminary major subdivision and/or
minor or preliminary major site plan; and
f.
Any request for approval of a planned development.
2.
The Secretary of the Planning Board or the Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least two weeks
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 an official newspaper of the City, if there is
one, or in a newspaper of general circulation in the City in the absence
of an official newspaper.
b.
By notification by personal service or certified mail to the following.
An affidavit of proof of the giving of the required notice shall be
filed by the applicant with the municipal agency at, or prior to,
the hearing. It is not required that a return receipt is obtained;
notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(1)
To all owners of 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 the hearing; provided that this requirement
shall be deemed satisfied by notice to the condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or horizontal property regime, in the case of any co-owner whose
apartment has an apartment above or below it.
i.
Notice to a partnership owner may be made by service upon any
partner.
ii.
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.
iii.
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.
(2)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities.
(3)
To the Cape May County Planning Board and Cape May Board of
Chosen Freeholders when the application for development involves property
adjacent to an existing county road or proposed road as shown on the
County Official Map or County Master Plan, adjoining other county
land or situated within 200 feet of a municipality boundary.
(4)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
(5)
To the Director of the Office of Smart Growth in the Department
of Community Affairs when the hearing involves an application for
the development of property which exceeds 150 acres or 500 dwelling
units, in which case the notice shall include a copy of any maps or
documents required to be filed with the City.
3.
Upon the written request of an applicant, the City Tax Assessor shall,
within seven days, make and certify a list from current tax duplicates
of names and addresses of owners within the City to whom the applicant
is required to give notice. The applicant shall be charged in accordance
with the City's Fee Schedule for said list and shall be entitled to
rely upon the information contained in such list, and failure to give
notice to any lot owner not on the list shall not invalidate any hearing
or proceeding. Additionally, the applicant shall be responsible for
giving proper notice to all property owners pursuant to § 17-307(L)(2)(b)[3] above who do not reside within the City.
[3]
Editor's Note: See § 17-307K2b(1).
4.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the City Tax Assessor's office, and the location and
times at which any maps or documents for which approval is sought
are available for inspection.
L.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Planning Board or the Zoning Board of Adjustment, and of any persons
appearing by attorney, the action taken by the Planning or Zoning
Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available, after approval by
the Board, for public inspection during the normal business hours
at the office of the Administrative Officer. 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 shall be charged a reasonable
fee for the reproduction of the minutes, as provided for in the Open
Public Records Act (N.J.S.A. 47:1A-1 et seq.).
2.
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made either by stenographer, mechanical
or electrical means. The municipality shall furnish a transcript or
duplicate recording in lieu thereof on request to any interested party
at his/her expense, provided that the charge for a transcript shall
not exceed the maximum amount permitted in N.J.S.A. 2A:11-15.[4] Each transcript shall be certified, in writing, by the
transcriber to be accurate. Any transcript transposed at any meeting
by private stenographer hired by the applicant for development shall
provide a copy of the transcript to the City at no cost and within
four weeks of the hearing.
[4]
Editor's Note: The provisions of N.J.S.A. 2A:11-15 were repealed
4-25-1991 by L.1991, c. 119, § 4. See now N.J.S.A. 2B:7-1
et seq.
M.
Decisions.
1.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
2.
The Board shall provide the findings and conclusions through:
a.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
b.
A memorializing resolution adopted at a meeting no later than 45
days after the date of the meeting at which the Board voted to grant
or deny approval. Only the members of the Board 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 N.J.S.A. 40:55D-9 (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.
3.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; 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 in § 17-306 of this chapter.[5]
4.
If the Board 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 Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys' fees, shall be assessed
against the municipality.
[1-23-2019 by Ord. No.
1128-18]
Any decision of the Planning Board or the Zoning Board of Adjustment
when acting upon an application for development and any decision of
the City Commissioners when acting upon an appeal shall be given notice
in the following manner:
A.
A copy of the decision shall be mailed by the appropriate City authority
within 10 days of the date of decision to the applicant or appellant,
or, if represented, then to his/her attorney, without separate charge.
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 City authority for such service.
B.
The Secretary of the Planning Board or the Zoning Board of Adjustment,
as the case may be, shall cause a brief notice of every decision of
the Planning Board or Zoning Board of Adjustment, as the case may
be, to be published in the official newspaper of the City of Wildwood.
Such notice shall be sent to the official newspaper within 10 days
of the date of the decision.
C.
A copy of the decision shall also be filed in the office of the Secretary
of the Planning Board or the Zoning Board of Adjustment, as the case
may be, who shall make a copy of such filed decision available to
any interested party upon payment of a fee calculated in the same
manner as those established for copies of other public documents in
the City.
[1-23-2019 by Ord. No.
1128-18]
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.
[1-23-2019 by Ord. No.
1128-18]
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.
[1-23-2019 by Ord. No.
1128-18]
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this Section 300 shall be judged invalid by a court of
competent jurisdiction, such order of judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision,
or clause of this Section 300.
