[Amended 12-11-2000 by Ord. No. 2000-18]
Pursuant to N.J.S.A. 40:55D-25(c), there is hereby created and
established in the Borough of Neptune City, a Land Use Board, entitled
the Neptune City Land Use Board, which will assume all statutory duties
currently handled by the Neptune City Planning Board and the Neptune
City Zoning Board of Adjustment.
The Neptune City Planning Board previously established under
the laws of the Borough of Neptune City and the laws of the State
of New Jersey is hereby abolished in the manner and within the time
frame set forth in this section.
The Neptune City Zoning Board of Adjustment previously established
under the laws of the Borough of Neptune City and the laws of the
State of New Jersey be and the same is hereby abolished in a manner
and within the time frame as more particularly set forth in this section.
Upon passage of this section, neither the Neptune City Planning
Board nor the Neptune City Board of Adjustment shall accept any new
applications. They shall, however, each, continue consideration of
pending applications that have been deemed complete by those Boards
and for which public hearings have been set and publicly noticed.
In those situations, each Board shall have 90 days in which to hold
hearings and to render a decision on the particular application. In
the event that either Board anticipates that an application cannot
be finally determined by the Board within the ninety-day period, the
application should be immediately transferred to the Land Use Board
for immediate resumption of the application process before the Land
Use Board. Scheduling preferences shall be given to such application
by the Land Use Board.
[Added 11-10-1980 by Ord.
No. 80-8; repealed 12-11-2000 by Ord. No. 2000-18]
[Added 12-11-2000 by Ord.
No. 2000-18]
The Neptune City Land Use Board will consist of nine members
and four alternate members, as appointed by the Mayor. The Land Use
Board shall exercise, to the same extent and subject to the same restrictions,
all the powers given to the Zoning Boards of Adjustment and Planning
Boards, by the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
The membership of said Land Use Board shall be in accordance
with N.J.S.A. 40:55D-23. There shall be six Class IV members.
Appointment of all members and the term of all members shall
be governed by N.J.S.A. 40:55D-23, and 23.1, and the members shall
organize pursuant to N.J.S.A. 40:55D-24.
The Mayor shall appoint not more than four alternate members
pursuant to and in conformance with N.J.S.A. 40:55D-23.1.
The Class I and Class III members of the Land Use Board shall
not participate in the consideration of any applications made to the
Board pursuant to N.J.S.A. 40:55D-70(d).
[Added 11-10-1980 by Ord.
No. 80-8; amended 12-11-2000 by Ord. No. 2000-18]
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. The order of alternate members voting shall thereafter
proceed from Alternate No. 1 to Alternate No. 2 to Alternate No. 3
and finally to Alternate No. 4. In the event of the disqualification
of the Class I and Class III members in case of the consideration
of any application made to the Board pursuant to N.J.S.A. 40:55D-70(d),
no alternate members shall substitute for the disqualified Class I
and Class III members.
A.
The term of the member composing Class I shall correspond with his
official tenure.
B.
The terms of the members composing Class II and Class III shall be
for one year or shall terminate at the completion of their respective
terms of office, whichever occurs first.
C.
The term of the Class IV member who is also a member of the Environmental
Commission (if such Commission is hereafter created) shall be for
three years or shall terminate at the completion of his term of office
as a member of the Environmental Commission, whichever occurs first.
The terms of all Class IV members first appointed pursuant to this
chapter shall be as follows: one member, term ending December 31,
1976; one member, term ending December 31, 1977; one member, term
ending December 31, 1978; and one member, term ending December 31,
1979. Thereafter, all Class IV members shall be appointed for terms
of four years.
D.
All terms, except for the Class IV members first appointed, shall
run from January 1 of the year in which the appointment is made.
If a vacancy of any class shall occur otherwise than by expiration
of a term, it shall be filled by appointment as above provided for
the unexpired term.
[Amended 12-11-2000 by Ord. No. 2000-18]
The Land Use Board shall elect a Chairman and Vice Chairman
from the members of Class IV and shall select a Secretary, who may
be either a member of the Land Use Board or a municipal employee designated
by it.
[Amended 12-11-2000 by Ord. No. 2000-18]
There is hereby created the office of Land Use Board Attorney.
The Land Use Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Land Use Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[Amended 12-11-2000 by Ord. No. 2000-18]
The Land Use Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Added 12-11-2000 by Ord.
No. 2000-18]
The 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 Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Board shall
also have the following powers and duties:
A.
To make, adopt and, from time to time, amend a Master Plan for the
physical development of the borough, including any areas outside its
boundaries, which in the Board's judgment bear on essential relation
to the planning of the borough in accordance with the provisions of
N.J.S.A. 40:55D-28.
B.
To administer the provisions of any land subdivision ordinance and
site plan review ordinance of the borough in accordance with the provisions
of said ordinances and the Municipal Land Use Law, Chapter 291, P.L.
1975 (N.J.S.A. 40:55D-1 et seq.).
D.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous planning
process.
F.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and to
recommend same to the governing body.
G.
To 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 Land Use Board
by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
[Amended 12-11-2000 by Ord. No. 2000-18]
H.
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 Land Use Board.
[Amended 12-11-2000 by Ord. No. 2000-18]
(2)
(3)
Direction pursuant to Section 27 of said Act[5] for issuance of a permit for a building or structure not
related to 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.
[5]
Editor's Note: See N.J.S.A. 40:55D-36
I.
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 officers.
J.
In addition to the powers stated above, the Land Use Board shall
exercise to the same extent, and subject to the same restrictions,
all powers of a Zoning Board of Adjustment as said powers are listed
and provided under the Municipal Land Use Law.
[Amended 12-11-2000 by Ord. No. 2000-18]
A.
Minor subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Land Use Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Land Use Board 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 must be signed by the Chairman and Secretary of the Land Use
Board before it will be accepted for filing by the county recording
officer.
B.
Preliminary approval of major subdivisions. Upon submission of a
complete application for a subdivision of 10 or fewer lots, the Land
Use 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 submission of a complete application
for a subdivision of more than 10 lots, the Land Use 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 Land Use Board shall be deemed to have granted preliminary
approval for the subdivision.
C.
Ancillary powers. Whenever the Land Use Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, Section 15-7B, of this chapter, the Land Use Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Land Use 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 Land Use Board to act shall be issued upon the request of the applicant.
D.
Final approval.
(1)
Final approval of a major subdivision shall be granted or denied
within 45 days of submission of a complete application or within such
further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire 95 days from the
date of the signing of the plat unless within such period that plat
shall have been duly filed by the developer with the county recording
officer. The Land Use Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of the signing of the plat.
[Amended 10-13-1980 by Ord. No. 80-6]
Applications for development pursuant to the provisions of P.L.
1975, c. 291,[1] as amended and supplemented, shall be filed with the administrative
officer of the borough and the Secretary of the Board involved at
least 30 days before the date of the monthly meeting of the Board.
Said application to be filed shall be pursuant to the procedures and
outlines set forth in the Land Subdivision Ordinances,[2] Site Plan Ordinances[3] and other applicable ordinances of the Borough of Neptune
City.
[Amended 12-11-2000 by Ord. No. 2000-18]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Land Use Board in its
duties, but such person or persons shall have no power to vote or
take other action required by the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Amended 12-11-2000 by Ord. No. 2000-18]
Whenever the Environmental Commission (if one is hereafter created)
has prepared and submitted to the Land Use Board an index of the natural
resources of the municipality, the Land Use Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Land Use Board. Failure of the Land Use Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
[Amended 11-10-1980 by Ord. No. 80-7; repealed 12-11-2000 by Ord. No. 2000-18]
[Amended 12-11-2000 by Ord. No. 2000-18]
Any variance from the terms of this chapter hereafter granted
by the Land Use Board permitting the erection or alteration of any
structure or structures or permitting a specified use of any premises,
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced
within one year from the date of publication of the judgment or determination
of the Land Use Board; except, however, that the running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Land Use Board to the governing
body or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceedings.
[Amended 12-11-2000 by Ord. No. 2000-18]
A.
The Land Use Board shall have such powers as are granted by law to:
(2)
Hear and decide requests for interpretation of the map or Zoning
Ordinance or for decisions upon other special questions upon which
such Board is authorized by the Zoning Ordinance to pass.
(3)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situations
or conditions of such piece of property, the strict application of
any regulation in the Zoning Ordinance[2] would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship upon the owner of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application so as to relieve such difficulties
or hardship; provided, however, that no variance shall be granted
under this subsection to allow a structure or use in a district restricted
against such structure or use, and further provided that the proposed
development does not require approval by the Land Use Board of a subdivision,
site plan or conditional use in conjunction with which the Land Use
Board shall review a request for a variance, pursuant to Subsection
a of Section 47 of the Municipal Land Use Law of 1975, Chapter 291,
P.L. 1975.
(4)
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board.
B.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.[3] Any application under any subsection of this section may
be referred to any appropriate person or agency, including the Land
Use Board, for its report, provided that such reference shall not
extend the period of time within which the Land Use Board shall act.
[Amended 12-11-2000 by Ord. No. 2000-18]
A.
The Land Use Board shall, in addition to the powers specified in § 15-21 of this Article, have the power given by law to:
(1)
Direct issuance of a 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 on the Official Map.
(2)
Direct the issuance of a permit, pursuant to N.J.S.A. 40:55D-36,
for a building or structure not related to a street.
B.
The Land Use Board shall have the power to grant, to the same extent and subject to the same restrictions as the Land Use Board, subdivision or site plan approval, pursuant to Article 6 of Chapter 291, P.L. 1975, or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance pursuant to Article I, § 15-21D, of this chapter.
The Land Use Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70(b). 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.
[Amended 12-11-2000 by Ord. No. 2000-18]
No member of the Land Use Board shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
A.
Meetings of the Land Use Board shall be scheduled no less often than
once a month, and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
[Amended 12-11-2000 by Ord. No. 2000-18]
B.
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 upon notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum, except as
otherwise required by any provision of Chapter 291, P.L. 1975.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, Chapter 231, P.L.
1975.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, and 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 Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party shall pay a fee in accordance with the Schedule of Fees in Section 62-2.
[Amended 8-12-1996 by Ord. No. 1996-15; 2-25-2002 by Ord. No. 2002-07; 12-26-2007 by Ord. No. 2007-16]
A.
Fee and deposit schedule for development applications. Administrative
review costs for the purpose of review, analysis and preparation of
documents or reports for all development applications pursuant to
N.J.S.A. 40:55D-1 et seq. shall be charged to and shall be paid by
the applicant pursuant to the attached schedule. Proposals requiring
a combination of approvals such as subdivision, site plan, and/or
variances, shall pay a fee equal to the sum of the fee for each element.[1]
[Amended 2-25-2002 by Ord. No. 2002-07; 8-9-2004 by Ord. No. 2004-13; 11-19-2012 by Ord. No. 2012-9; 2-28-2022 by Ord. No. 2022-01]
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
B.
All charitable, philanthropic, fraternal and religious nonprofit
organizations, holding a tax exempt status under the Federal Internal
Revenue Code of 1954 (26 U.S.C. Sections 501(c) or (d)), who are lessees
of property owned by the Borough of Neptune City, shall be exempt
from the payment of fees or deposits as required by the Land Use Board
for any application pertaining to such leased property.
[Amended 12-11-2000 by Ord. No. 2000-18]
C.
The Borough of Neptune City and its departments and commissions shall
be exempt from the payment of fees as required by the Land Use Board
as to all properties owned by the Borough of Neptune City and used
for municipal purposes.
[Amended 12-11-2000 by Ord. No. 2000-18]
D.
(1)
Professional review costs for attorneys, planners, engineers or other
professionals or experts retained on behalf of the borough for the
purposes of review, analysis, inspection or preparation of documents
or reports relating to development applications shall be charged to
and shall be paid for by the applicant. The borough shall make all
payments to the professionals for services rendered to the borough
for the review of development applications, review and preparation
of documents, and inspections of property.
(2)
An applicant shall be responsible to reimburse the borough for:
(a)
All expenses of professional personnel incurred and paid by
it necessary to process an application for development before a municipal
agency, such as, but not limited to:
[1]
Charges for reviews by professional personnel of applications,
plans and accompanying documents.
[2]
Issuance of reports by professional personnel to the municipal
agency setting forth recommendations resulting from the review of
any documents submitted by the applicant.
[3]
Charges for any telephone conference or meeting requested or
initiated by the applicant, its attorney or any of its experts or
representatives.
[4]
Review of additional documents submitted by the applicant and
issuance of reports relating thereto.
[5]
Review or preparation of easements, developer's agreements,
deeds or the like.
[6]
Preparation for and attendance at all meetings.
[7]
The cost of expert advice or testimony obtained by the municipal
agency for the purpose of corroborating testimony of applicant's experts.
(3)
The applicant shall, at the time of filing of an application, deposit
with the borough in the form of a check or money order, the amount
prescribed herein. The deposit shall be placed into an escrow account
pursuant to N.J.S.A. 40:55D-53.1, and fees shall be collected in accordance
with the attached schedule.[2]
[Amended 8-9-2004 by Ord.
No. 2004-13]
[2]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
(4)
Those funds shall be placed in a separate account by the Borough
Clerk at the direction of the Board Secretary and an accounting shall
be kept of each applicant's deposit. All professional charges shall
be paid from the account and charged to the applicant. Any monies
not expended for professional services shall be returned to the applicant
upon final approval, denial or withdrawal of the application. If,
at any time during the procedure, 75% of the monies posted shall have
been expended, the applicant shall be required to post such additional
sums as may be required by the Board Secretary to cover professional
costs. All payments charged to the deposit shall be pursuant to vouchers
from the professionals stating the hours spent, the hourly rate and
the expenses incurred. The borough shall render a written final accounting
to the developer on the uses to which the deposit was put. Thereafter
the borough shall, upon written request, provide copies of the vouchers
to the developer. The applicant shall not be entitled to proceed with
the application or any development until such time as the necessary
monies have been posted to guarantee payment of professional service
fees.
(5)
No plat or site plan shall be signed, nor shall any zoning permits,
building permits, certificates of occupancy or any other types of
permits be issued with respect to any approved application for development
until all bills for reimbursable services have been received by the
borough from professional personnel rendering services in connection
with such application and payment has been approved by the Board Secretary,
unless the applicant shall have deposited with the Mayor and Council
an amount agreed upon by the applicant and the Board Secretary which
is likely to be sufficient to cover all reimbursable items, and upon
posting said deposit with the Board Secretary the appropriate maps
or permits may be signed and released or issued to the developer.
If the amount of the deposit exceeds the actual cost as approved for
payment by the Mayor and Council, the developer shall be entitled
to a return of the excess deposit, together with such interest as
allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and
approved by the governing body exceed the amount of the deposit, the
developer shall be liable for payment of such deficiency.
(6)
No professional personnel submitting charges to the municipality
for any of the services referred to above shall charge for such services
at any higher rate or in any different manner than would normally
be charged the municipality for similar work.
E.
Inspection fees.
(1)
The developer shall reimburse the borough for all reasonable inspection
fees paid to the Borough Engineer for the inspection of improvements;
provided that the borough shall require of the developer a deposit
for the inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements.
For those developments for which the reasonably anticipated fees are
less than $10,000, fees may, at the option of the developer, be paid
in two installments. The initial amount deposited by a developer shall
be 50% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Borough Engineer for inspection, the developer shall deposit the
remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Borough Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
F.
Guarantees required; surety; release.
[Added 2-25-2002 by Ord.
No. 2002-07]
(1)
Guarantee required. Before recording 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 N.J.S.A. 40:55D-65d, the approving
Board, for the purpose of assuring the installation and maintenance
of on- and off-tract (pursuant to N.J.S.A. 40:55D-42) improvements,
shall require and accept in accordance with the standards adopted
by this subsection, the following:
(a)
The furnishing of a performance guarantee in favor of the borough
of Neptune City in an amount not to exceed 120% of the cost of installation,
which cost shall be determined by the Borough Engineer, setting forth
all requirements for improvements as fixed by the Board and their
estimated cost. The estimated cost of the installation of improvements
determined by the Borough Engineer shall be based on documented construction
costs for public improvements prevailing in the general area of the
borough including streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, soil erosion control devices, surveyor's
monuments, as shown on the final subdivision plat and required by
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), culverts, storm sewers,
drainage structures, public improvements of open space and, in the
case of site plans only, other on-site improvements and landscaping
provided that 10% of the total performance guarantee shall be in cash
and the balance shall be in the form of a bond or other securities
or guarantees approved by the Borough Attorney. The foregoing shall
not, however, preclude the developer from posting a greater percentage
in cash if the developer so desires.
(b)
Provision for the maintenance guarantee to be posted with the
borough for a period of one year after final acceptance of the improvements,
in an amount of 10% of the cost of improvement, which cost shall be
determined by the Borough Engineer. 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 borough for such utilities or improvements.
(c)
The Borough Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the developer.
(2)
Time period for installation. All public improvements shall be completed
within six months of issuance of the last certificate of occupancy
or five years of issuance of a soil disturbance permit, whichever
comes first. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Borough Council 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, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256, as of the time of the passage
of the resolution.
(3)
Developer liability. If the required improvements are not completed
or corrected in accordance with the performance guarantee, the developer
and surety, if any, shall be liable thereon to the borough for the
reasonable cost of the improvements not completed or corrected and
the borough may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the pubic bidding requirements
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
(4)
Reduction of guarantee.
(a)
Upon completion of portions of required improvements the amount
of any performance guarantee may be reduced by the Borough Council,
by resolution, when requested by the developer and certified by the
Borough Engineer provided that 30% of the amount of the total performance
guarantee posted may be retained to ensure completion and acceptability
of all improvements.
(b)
In the event that the developer has made a cash deposit with
the borough as part of the performance guarantee, then any partial
reduction granted in the performance guarantee pursuant to this subsection
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guarantee.
(c)
When all of the required improvements have been completed and
the obligor has supplied the Borough Council with as-built drawings
where required by the Borough Engineer then the obligor shall notify
the Borough Council in writing, by certified mail addressed in care
of the Borough Clerk, of the completion of said improvements and shall
send a copy thereof to the Borough Engineer. Thereupon, the Borough
Engineer shall inspect all of the improvements and shall file a detailed
report, in writing, with the Borough Council, indicating either approval,
partial approval or rejection of the improvements, with a statement
of reason for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
(d)
The Borough Council, by resolution, shall either approve, partially
approve, or reject the improvements on the basis of the report of
the Borough Engineer and shall notify the obligor in writing, by certified
mail, of the contents of said report and the action of said reviewing
board with relation thereto not later than 45 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 guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the Borough Council to send or provide
such notification to the obligor within 45 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.
(e)
If any portion of the required improvements is rejected, the
reviewing board may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this subsection shall be followed.
(f)
The obligor shall reimburse the municipality for all reasonable
inspection fees paid to the Borough Engineer for the foregoing inspection
of improvements.
G.
Deposits; escrow; interest. Whenever an amount of money in excess
of $5,000 shall be deposited by an applicant with a municipality for
professional services employed by the municipality to review applications
for development, for municipal inspection fees, or to satisfy the
guarantee requirements, the money, until repaid or applied to the
purposes for which it is deposited, including the applicant's portion
of the interest earned thereon, except as otherwise provided in this
section, shall continue to be the property of the applicant and shall
be held in trust by the municipality. Money deposited shall be held
in escrow. The municipality receiving the money shall deposit in a
banking institution or savings and loan association in this state
insured by an agency of the federal government, or in any other fund
or depository approved for such deposits by the state, in an account
bearing interest at the minimum rate currently paid by the institution
or depository on time or savings deposits. The municipality shall
notify the applicant in writing of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, that entire amount shall belong to
the applicant and shall be refunded to him by the municipality annually
or at the time the deposit is repaid or applied to the purposes for
which it was deposited, as the case may be; except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount which shall be in lieu of
all other administrative and custodial expenses.
The developer and/or applicant of any site plan and site plan
exemption, fronting on public streets, shall provide for the improvements
of the near side of that street in conformity with the standards set
forth in the Subdivision Review and Approval Ordinance[3] including but not limited to curbing, sidewalks, lighting,
shade trees, pavement, drainage and utilities.
[Added 2-25-2002 by Ord.
No. 2002-07]
[Amended 12-11-2000 by Ord. No. 2000-18]
A.
Rules. The Land Use Board may make rules governing the conduct of
hearings before such bodies, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
[Amended 12-11-2000 by Ord. No. 2000-18]
B.
Oaths. 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,
Chapter 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for 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 the number of
witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the
proceedings by either a stenographer or mechanical or electronic means.
The Board shall furnish a transcript, or duplicate recording in lieu
thereof, upon request, to any interested party at his expense.
Whenever a hearing is required on an application for development,
pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing,
whether such property is located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property or by mailing
a copy thereof, by certified mail, to the property owner at his address
as shown on the said current tax duplicate. A return receipt is not
required. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon
its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 15-29B of this Article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or by 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 situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or by certified mail to
the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or by certified mail to
the Director of the Division of State and Regional Planning in the
Department of Community Affairs of a hearing on an application for
development of property which exceeds 150 acres or 500 dwelling units.
Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk, pursuant to Subsection b of
Section 6 of Chapter 291, P.L. 1975.
G.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
H.
Any notice made by certified mail, as hereinabove required, shall
be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A.40:55D-12(c), the Borough Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current, tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article I, § 15-29B, of this chapter.
A.
Each decision on any application for development shall be set forth,
in writing, as a resolution of the Board which shall include findings
of fact and legal conditions based thereon.
B.
A copy of the decision shall be mailed by the Board within 10 days
of the date of the decision to the applicant or, if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
[Amended 12-11-2000 by Ord. No. 2000-18]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Land Use Board. Said notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
[Amended 12-11-2000 by Ord. No. 2000-18]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Land Use Board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or, if it is shown that taxes or assessments
are delinquent on said property, any approvals or other relief granted
by the Board shall be conditioned upon either the prompt payment of
such taxes or assessments or the making of adequate provision for
the payment thereof in such manner that the municipality will be adequately
protected.
