A.
Meetings of the Planning Board and the Board of Adjustment or any
other municipal agency acting pursuant to the Municipal Land Use Law,
P.L. 1975, c. 291, (See N.J.S.A. 40:55D-1 et seq.) or to this chapter
shall be scheduled not less than once a month, and any meeting so
scheduled shall be held as scheduled unless canceled for lack of applications
for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of the municipal agency
present at the meeting except as otherwise required by any provision
of P.L. 1975, c. 291. (See N.J.S.A. 40:55D-1 et seq.) Failure of a
motion to receive the number of votes required to approve an application
for development shall be deemed an action denying the application.[1]
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, P.L. 1975, c. 231.
(See N.J.S.A. 40:55D-1 et seq.) An executive session for the purpose
of discussing and studying any matters to come before either Board
shall not be deemed a regular or special meeting in accordance with
the provisions of N.J.S.A. 40:55D-9.
No member of any municipal agency 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.
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, 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 Borough 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 may be charged
a fee for reproduction of the minutes for his use as provided in this
chapter.
A.
The Planning Board and Zoning Board of Adjustment may make rules
governing the conduct of hearings before such bodies, which rules
shall not be inconsistent with the provisions of P.L. 1975, c. 291,
(N.J.S.A. 40:55D-1 et seq.) or to this chapter. A copy of the rules
and regulations shall be furnished to any person upon request at a
fee of $3 each.
B.
Any communication purporting or intending to be or in the nature
of an appeal or application shall be regarded as a mere notice of
intention to seek relief until it is filed on the form prescribed
by the rules of the Board. Upon receipt of any such communication,
the Chairman shall, at his discretion, instruct the Secretary to supply
the proper forms for presenting an appeal or application. Until such
appeal or application is so filed in good faith, no consideration
of the same shall be entertained by the Board.
C.
An applicant may, on notice to the Board, withdraw his appeal or
application voluntarily.
D.
Any applicant who shall fail to prosecute his appeal or application
at the time it is called for hearing shall have his appeal or application
dismissed forthwith by the Board unless an adjournment is granted
by majority vote of the Board members present at the hearing.
E.
Any applicant whose appeal or application is withdrawn or dismissed
shall not be entitled to the return of his filing fee.
F.
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 other
documents, records or testimony at the hearing to substantiate, clarify
or supplement the previously filed maps and documents.
G.
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, P.L. 1953,
c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
H.
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.
I.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
J.
The Chairman shall declare on points of order or procedure, unless
otherwise overruled by a majority vote of the Board in session at
the time.
K.
Each Board shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request of any interested party, at a charge of $6 per hour or
any part thereof for production of a transcript of the recording taken
or $10 per hour or any part thereof to produce a duplicate recording.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. or Township ordinances, 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 in the state within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property or mailing a copy
thereof by certified mail to the property owner at his address as
shown on said current tax duplicate. Notice to a partnership 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.[1]
C.
In addition, notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given to the Clerk of such municipality.
D.
Notice shall be given 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 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 to the State Planning Commission 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 Borough Clerk pursuant
to Section 6b of P.L. 1975, c. 291.8.[2]
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.
All notices to governmental bodies or agencies entitled thereto shall
be given by personal service or certified mail.
I.
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.
J.
All notices required to be given pursuant to the terms of this chapter
shall state the date, time and place of 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 Borough
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-39 and N.J.S.A.
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;
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provisions for the payment thereof in such
manner that the borough will be adequately protected.
The Borough Clerk, within seven days after receipt of a request
therefor and upon receipt of payment of a fee of $0.25 per name or
$10, whichever is greater, shall make and certify a list from the
current tax duplicate of the names and addresses of owners to whom
the applicant is required to give notice hereunder.
A.
Findings and conclusions.[1]
(1)
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 by law 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 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. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection B of this section and § 108-11.
(2)
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.
B.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or, if represented, then
to his attorney, without separate charge, and to all persons who have
requested it at a fee specified in this chapter. A copy of the decision
shall also be filed in the office of the Borough Clerk for public
inspection, and a copy thereof shall be made available to any interested
party upon payment of the fee set forth for copies in this chapter.
A brief notice of every final decision shall be published in
the official newspaper of the borough. Such publication shall be arranged
by the Borough Clerk or Secretary of the Planning Board or Zoning
Board of Adjustment, as the case might be, at a charge to the applicant
of $10, which sum shall be paid, together with the application fee,
at the time application is made. Said notice shall be sent to the
official newspaper for publication within 10 days of the date of any
such decision.
[Added 2-14-1989 by Ord.
No. 89-02-377]
A.
General.
(1)
In addition to the submission of application filing fees, which are
charged to cover general borough administrative costs, as set forth
elsewhere, development applications which meet the criteria established
herein shall be accompanied by a deposit of escrow funds in accordance
with the provisions of this section.
(2)
Said escrow funds shall be utilized to cover the municipal costs
of professional and nonprofessional services incurred during the development
review process. Professional and nonprofessional fees and salaries
incurred in connection with review of plans, consultation, site inspections,
written report and resolution preparation, meeting attendance, general
preparation, research, testimony and other work performed by the Board
Planner, Board Attorney, Municipal Engineer, Health Officer, Assistants
or the Assistant to the Municipal Engineer and other professional
consulting services as may be required due to the nature of the application
shall be paid from these escrow funds. Escrow fees shall not be utilized
to pay inspection costs required during the construction process.
B.
Escrow amounts. Escrow funds in the amounts specified herein shall
be required relative to the following applications:
(1)
Sketch plat for major subdivision, minor subdivision, preliminary
major subdivision approval and preliminary site plan approval for
residential use:
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
1 to 3
|
$1,000
|
|
4 to 10
|
$2,000
|
|
11 to 25
|
$3,000
|
|
26 to 50
|
$5,000
|
|
51 to 100
|
$7,500
|
|
In excess of 100
|
$15,000
|
(2)
Final major subdivision approval and final site plan approval for
residential use:
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
1 to 3
|
$500
|
|
4 to 10
|
$1,000
|
|
11 to 25
|
$1,500
|
|
26 to 50
|
$2,500
|
|
51 to 100
|
$3,750
|
|
In excess of 100
|
$7,500
|
(3)
Nonresidential preliminary site plan approval, inclusive of minor
site plan:
|
Building Area
(square feet)
|
Escrow Amount
|
|---|---|
|
Less than 10,000
|
$3,000
|
|
10,001 to 50,000
|
$10,000
|
|
50,001 to 100,000
|
$20,000
|
|
In excess of 100,000
|
$25,000
|
(4)
Nonresidential final site plan approval: 1/3 of the original escrow
fee paid at the time of the preliminary plan application.
(5)
Any application involving more than one of the above categories shall
deposit cumulative amounts.
(6)
Use variance or density variance: $1,000.
(7)
Any other application: $1,500 escrow.
[Amended 4-12-2001 by Ord. No. 01-03-549; 5-9-2002 by Ord. No. 02-07-565; 9-8-2004 by Ord. No. 04-07-593; 2-12-2014 by Ord. No. 14-02-713; 4-10-2019 by Ord. No.
19-02-755]
C.
Procedural requirements.
(1)
An applicant appearing before the Planning Board, the Zoning Board
of Adjustment or any committee of either Board shall deposit all escrow
funds called for in the within section before said appearance. No
meeting or hearing with the applicant shall be held by said Boards
or committees until all escrow funds and required have been deposited
in accordance with this section. The escrow sums must be in the form
of cash, certified check or money order. All deposits of escrow funds
shall be made to the borough administrative official.
(2)
Additional escrow funds may be required if the escrow has been depleted
to 20% of the original escrow amount. The borough shall notify the
appropriate Board when escrow funds have been so depleted. Professionals
and nonprofessionals being paid from escrow funds shall notify the
Board or other review committee as to additional costs anticipated
to be incurred. The Board or other review committee shall not take
any further action on the application until adequate additional fees
have been deposited by the applicant with the borough.
(3)
Escrow deposits shall be placed in an interest bearing account and
the same shall be administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1.
(4)
All disbursements to consulting professionals and applicable charges
from borough-employed professionals and nonprofessionals for services
involved in processing an application which requires the deposit of
escrow funds shall be charged against the escrow account.
(5)
All bills submitted by consulting professionals relative to said
applications shall specify the services performed for individual applications
and the time expended relative thereto. The bill shall also set forth
the hourly billing amount which will be the amount charged to the
borough pursuant to the consultant's contract.
(6)
All charges by borough-employed professionals and nonprofessionals
enumerated hereinabove shall specify the services performed for individual
applications and the time expended relative thereto. The hourly billing
rate for borough-employed and nonprofessionals shall be 1/35 of their
weekly compensation, plus 30%, to reimburse the borough for the benefits
supplied to said employee.
(7)
The borough shall provide the applicant with an accounting of escrow
funds within 90 days after the appropriate Board has taken action
on the application.
(8)
All sums not actually expended shall be refunded to the applicant
within 90 days after the appropriate Board has taken action on the
application.
(9)
No resolution approving any development application which is subject
hereto shall be passed by either the Planning Board or the Zoning
Board of Adjustment until all fees and escrow sums required hereunder
have been paid in full.
(10)
Failure to Maintain Appropriate Escrow Account: Any applicant
for development before the Borough of Pine Beach Land Use Board who
is required by ordinance to establish and/or maintain an escrow account,
and who fails to provide sufficient funds in said account after being
notified to do so by the Borough of Pine Beach, shall be considered
to have violated the terms and conditions of this subsection. A certification
from the Borough's Chief Financial Officer that an applicant for development
was provided notice, by way of regular mail and certified mail with
a return receipt that their escrow account was deficient and that
30 days have elapsed since notice was sent by way of regular mail
to the applicant for development and said escrow account had not been
replenished during that period of time shall constitute prima facie
evidence that the applicant for development has violated the terms
of this subsection.
[Added 2-12-2014 by Ord.
No. 14-02-713]
(11)
Penalty: Any person or entity who violates the terms and conditions
of this subsection shall be subject to a fine no less than $250 and
no more than $1,000 for each such violation. Each separate day that
a violation continues, meaning for each separate day that the escrow
account remains deficient, shall be considered a separate and distinct
violation.
[Added 2-12-2014 by Ord.
No. 14-02-713]
