[Ord. #284, A 1, S 1; Ord. #303, S]
There is hereby established pursuant to C. 291, P.L. 1975 and
C. 37 P.L. 1978 in West Long Branch a Planning Board consisting of
nine regular members to be representative of four classes hereinafter
designated and four alternate members comprising three of the classes
hereinafter designated.
[Ord. #284, A 1, S 1; Ord. #303, A 1, S 1]
a. The nine regular members shall consist of the following four classes:
2. Class II: One of the officials of the Borough other than a member
of the governing body to be appointed by the Mayor; provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by C. 40:56A-1 shall be deemed to be the Class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members,
3. Class III: A member of the governing body to be appointed by it.
4. Class IV: Six other citizens of the Borough to be appointed by the
Mayor. The members of Class IV shall hold no other Borough office,
except that one (1) member may be a member of the Board of Education.
A member of the Environmental Commission who is also a member of the
Planning Board as required by R.S. 40:56A-1 shall be a Class IV Planning
Board member unless there be among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
b. The four alternate members shall be one for Class II, one for Class
III and two for Class IV.
[Ord. #284, A 1, S 2; Ord. #303, A 1, S 2]
a. The term member comprising Class I shall correspond with his official
tenure. The terms of the regular members comprising Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office whichever occurs first, except for a Class
II regular member who is also a member of the Environmental Commission.
The term of a Class II regular member or a Class IV regular member
who is also a member of the Environmental Commission shall be for
three years or terminate at the completion of his term of office as
a member of the Environmental Commission, whichever comes first.
The term of a regular Class IV member who is also a member of
the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such other Body or at the completion
of his regular Class IV term, whichever occurs first.
The terms of all regular Class IV members first appointed pursuant
to the Chapter shall be so determined that to the greatest practicable
extent the expiration of such terms shall be evenly distributed over
the first four years after their appointment as determined by the
Resolution of the governing body provided, however, that no term of
any member shall exceed four years and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the term for which they were appointed. Thereafter, all regular Class
IV members shall be appointed for terms of four years except as otherwise
provided. All terms shall run from January 1, of the year in which
the appointment was made.
b. The terms of the alternate members of Class II and III shall expire
at the same time as the terms of regular members of their respective
Classes. Alternate members of Class IV shall serve for terms of two
years; provided, however, that in the event that two alternate members
of Class IV are appointed, the initial terms of such members shall
be one and two years respectively. Such alternate members shall be
designated by the chairman "Alternate No. 1" and "Alternate No. 2"
and shall serve in rotation during the absence or disqualification
of any regular member of Class IV. Alternate members of each Class
shall be appointed by the Mayor in the same manner as he would appoint
the regular members of that Class.
[Ord. #284, A 1, S 3]
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.
[Ord. #284, A 1, S 4]
The Planning Board shall elect a chairman and vice chairman
from the members of Class IV and select a secretary who may be either
a member of the Planning Board or a Borough employee designated by
it.
[Ord. #284, A 1, S 5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney.
[Ord. #284, A 1, S 6]
The Planning 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.
[Ord. #284, A 1, S 7]
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. 2A:67A-1 et seq.) shall apply. It shall also have
the following powers and duties:
a. To make, adopt and amend a master plan for the physical development
of the Borough including any areas outside its boundaries, which in
the Board's judgment bear essential relation to the planning
of the Borough, in accordance with the provisions of C. 40:55D-28.
b. To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the Borough in accordance with the provisions
of the ordinances and the Municipal Land Use Law, Chapter 291, P.L.
1975, C. 40:55D-1 et seq.
c. To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance pursuant to C. 40:55D-67.
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 processing
planning process.
f. To annually prepare a program of Borough capital improvement projects
projected over a term of six years, and amendments thereto, and 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 C. 40:55D-26(a), and also pass
upon other matters specifically referred to the Planning Board by
the governing body pursuant to the provisions of C. 40:55D-26(b).
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 Zoning Board of Adjustment:
1. Variances pursuant to Subsection 57c of Chapter 291, P.L. 1975, from
lot area, lot dimensional setback and yard requirements; provided
that such relief from lot area requirements shall not be granted for
more than one lot.
2. 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.
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 of officers.
[Ord. #284, A 1, S 8]
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 Planning 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 Planning 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 Planning Board before it will be accepted for filing by the County
Recording Officer.
b. Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of' more than 10 lots the Planning Board shall
grant or deny preliminary approval within 95 days of the date of such
submission or within such further time as may be consented to by the
developer. Otherwise, the Planning Board shall be deemed to have granted
preliminary approval for the subdivision.
c. Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection
16-1.8, paragraph g., the Planning 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 Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d. Final Approval. Application for final subdivision approval 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.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat.
[Ord. #284, A 1, S 9]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of C. 291, P.L. 1975 shall
be filed with the Secretary of the Planning Board. Applicant shall
file at least 14 days before the date of the monthly meeting of the
board three copies of a sketch plat; three copies of applications
for minor subdivision approval; three copies of application for major
subdivision approval or three copies of an application for site plan
review, conditional use approval, or planned development. At the time
of filing the application but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this Chapter or any rule of the Planning Board. The applicant shall
obtain all necessary forms from the Secretary of the Planning Board.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the Board.
[Ord. #284, A 1, S 10]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person shall have no power to vote or take other
action required of the Board. Such person shall serve at the pleasure
of the Mayor.
[Ord. #284, A 1, S 11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the Borough,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[Ord. #284, A 2, S 1; Ord. #303, A 2, S 1]
a. A Zoning Board of Adjustment is hereby established pursuant to C.
40:55D-69 et seq., as amended consisting of seven regular members
who shall be residents of the Borough appointed by the Borough Council
to serve for terms of four years from January 1 of the year of their
appointment and two alternate members being residents of the Borough
appointed by the Borough Council to serve for terms of two years from
January 1 of the year of their appointment. The terms of the regular
members first appointed shall be so determined that to the greatest
practicable extent the expiration of such terms shall be distributed
evenly over the first four years after their appointment; provided
that the initial term of no member shall exceed four years. Thereafter,
the term of each member shall be for four years. Nothing in this section
shall, however, be construed to affect the term of any present member
of the Zoning Board of Adjustment, all of whom shall continue in office
until the completion of the term for which they were appointed. If
the first persons appointed as alternate members of the Zoning Board
of Adjustment are appointed on a date after January 1, their term
shall be for no longer than the balance of the year of their appointment
together with one full calendar year thereafter. All subsequent appointments
as alternate members shall be for terms of two years from January
1 of the year of their appointment.
b. No member of the Zoning Board of Adjustment may hold any elective
office or position under the Borough.
c. A vacancy occurring otherwise than by expiration of term shall be
filled by the Borough Council for the unexpired term only.
The alternate members shall be designated by the Chairman "Alternate
No. 1" and "Alternate No. 2" and shall serve in rotation during the
absence or disqualification of any regular member or members.
[Ord. #284, A 2, S 2]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from its members and shall also select a Secretary who may or may
not be a Board member or another Board employee.
[Ord. #284, A 2, S 3]
There is hereby created the Office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney, who shall be an Attorney
other than the Borough Attorney.
[Ord. #284, A 2, S 4]
The Zoning Board of Adjustment 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 shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
[Ord. #284, A 2, S 5]
The Board shall adopt such rules and regulations as may be necessary
to carry into 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. 2A:67A-1 et seq.) shall apply.
[Ord. #284, A 2, S 6]
a. The powers of the Zoning Board of Adjustment shall be in accordance
with R.S. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this Chapter.
b. It is further the intent of this Chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this Chapter,
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c. The Board may, in appropriate cases and subject to appropriate conditions
and safeguards grant variances from the terms of this Chapter in accordance
with the general or specific rules contained herein, and with the
general rules hereby laid down that equity shall be done in cases
where the strict construction of the provisions of this Chapter would
work undue hardship. The powers and duties of the Board having been
delegated to and imposed upon it by statute, the Board shall in all
cases follow the provisions applicable to it in Chapter 291, P.L.
1975, or subsequent statutes in such case made and provided, and it
shall furnish to any person requesting the same a copy of its rules
and information as to how appeals or applications may properly be
filed with the Board for its decision thereon.
[Ord. #284, A 2, S 7; Ord. #490]
a. Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 20 days prescribed by
the statute by filing a notice of appeal with the officer from whom
the appeal was taken, together with three copies of the notice with
the Secretary of the Board of Adjustment. The notice of appeal shall
specify the grounds for the appeal. The officer from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
b. Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an Administrative Officer,
shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this Chapter or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c. An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[Ord. #284, A 2, S 8]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of C. 291, P.L. 1975 or amendments
thereto or subsequent statutes applying reverse or affirm wholly or
partly or may modify the order, requirement, decision, or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the Administrative
Officer from whom the appeal was taken.
[Ord. #284, A 2, S 9]
Any variance from the terms of this Chapter hereafter granted
by the Board of Adjustment 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 structure permitted by
the variance, or unless such permitted use has actually been commenced,
within one year from the date of publication of the notice of the
judgment or determination of the Board of Adjustment 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
Board of Adjustment to the Borough Council, or to a court of competent
jurisdiction, until the termination in any manner of such appeal or
proceeding.
[Ord. #284, A 2, S 10; New; N.J.S.A. 40:55D-70c, d]
The Board of Adjustment shall have such powers as are granted
by law to:
a. Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an Administrative Official or agency based on or made in the enforcement
of the Zoning Ordinance.
b. 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.
c. (1) Where: (a) by reason of exceptional narrowness, shallowness or
shape of a specific piece of property, or (b) by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property, or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
in the Zoning Ordinance would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship; (2) where
in an application or appeal relating to a specific piece of property
the purposes of the Municipal Land Use Law would be advanced by a
deviation from the zoning ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment, grant
a variance to allow departure from regulations pursuant to the Zoning
Ordinance; provided, however, that no variance from those departures
enumerated in paragraph d of this subsection 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 and the Zoning Ordinance.
d. In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to the Zoning Ordinance
to permit: (1) a use or principal structure in a district restricted
against such use or principal structure, (2) an expansion of a nonconforming
use, (3) deviation from a specification or standard pertaining solely
to a conditional use, (4) an increase in the permitted floor area
ratio, (5) an increase in the permitted density, except as applied
to the required lot area for a lot or lots for detached one or two
dwelling unit buildings, which lot or lots are either an isolated
undersized lot or lots resulting from a minor subdivision. A variance
under this subsection shall be granted only by affirmative vote of
at least five members.
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and zoning ordinance.
An application under this section may be referred to any appropriate
person or agency for its report; provided that such reference shall
not exceed the period of time within which the Zoning Board of Adjustment
shall act.
[Ord. #284, A 2, S 11]
The Zoning Board of Adjustment shall in addition to the powers specified in Subsection
16-2.10 of this section have power given by law to:
a. Direct issuance of a permit pursuant to C. 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.
b. Direct issuance of a permit pursuant to C. 40:55D-36 for a building
or structure not related to a street.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of Chapter 291, P.L. 1975 or conditional use approval pursuant to C. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection
16-2.10, paragraph d., of this Chapter.
[Ord. #284, A 2, S 12]
The Board of Adjustment shall render its decision not later
than 120 days after the date (1) an appeal is taken from the decision
of an Administrative Officer, or (2) the submission of a complete
application for development to the Board pursuant to the provisions
of C. 40:55D-70b.
Failure of the Board to render a decision within such 120 day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Ord. #284, A 3, S 1]
No member of the Planning Board or Zoning Board of Adjustment
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.
[Ord. #284, A,3, S 2]
a. Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b. Special meetings may be provided for at the calls 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 a quorum except as
otherwise required by any provision of C. 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.
[Ord. #284, A 3, S 3]
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 for
in the rules of the Board.
[Ord. #284, A 3, S 4]
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which are not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of the rules or of the separate fee schedule shall be available
to the public.
[Ord. #284, A 3, S 5]
a. Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of C. 40:55D-1 et seq.
or of this Chapter.
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"
C. 38, P.L. 1953 (C. 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 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. 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 to any interested party at his expense.
[Ord. #284, A 3, S 6]
Whenever a hearing is required on an application for development
pursuant to C. 40:55D-1 et seq., or pursuant to the determination
of the Borough 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 Borough 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 two hundred
(200') feet in all directions of the property which is the subject
of such hearing and whether located within or without the Borough
in which applicant's land is located. Such notice shall be given
by: 1. serving a copy thereof on the owner as shown on the current
tax duplicate or his agent in charge of the property or 2. mailing
a copy thereof by certified mail to the property owner at his address
as shown on the 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 application for development involving property located within two (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 Subsection
16-3.6, paragraph b of this section to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.
d. Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situate within two hundred (200') feet of
a Borough boundary.
e. Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
f. Notice shall be given by personal service or 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 Borough Clerk pursuant to Section 6b of C.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 complete upon mailing in accordance with the provisions
of C. 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 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.
[Ord. #284, A 3, S 8; Ord. #550]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the Borough 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 Subsection
16-3.6, paragraph b.
[Ord. #284, A 3, S 8]
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 conclusions based thereon.
b. A copy
of the decision shall be mailed by the Board within ten (10) days
of the date of 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 Borough Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Borough.
[Ord. #284, A 3, S 9]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. The
notice shall be sent to the official newspaper for publication within
ten ( 10) days of the date of any such decision.
[Ord. #284, A 3, S 10)]
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-65,
every applicant 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 the 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 provision for the payment thereof in such manner
that the Borough will be adequately protected.
[Ord. #284, A 4, S 1]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the Borough based on or made in the enforcement of the Zoning Ordinance, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in Subsection
16-2.7, paragraph a., and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. #284, A 5, S 1]
Whenever a term is used in this Chapter which is defined in
Chapter 291, P.L. 1975, such term is intended to have the meaning
set forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
Chapter.
[Ord. #284, A 5, S 3]
Pursuant to the provision of Chapter 291, P.L. 1975, Section
81, the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance, Site Plan Review Ordinance, and Zoning Map of the
Borough and the development regulations set forth therein are here
adopted by reference as an Interim Zoning Ordinance pursuant to C.
40:55D-90 for a term of one year following the adoption of this ordinance
unless further extended for an additional year for good cause pursuant
to the statute.
The following are intended to more specifically state the ordinances
herein adopted as an Interim Zoning Ordinance pursuant to C. 40:55D-90:
a. Ordinance #197 entitled "An Ordinance Further Amending and Supplementing
an Ordinance entitled: 'An Ordinance Limiting and Restricting
to Specified Districts and Regulating Therein Real Estate Building
and Structures According to Their Construction and the Nature and
Extent of Their Use in the Borough of West Long Branch, in the County
of Monmouth and Providing for the Administration and Enforcement of
the Provisions Herein Contained and Fixing Penalties for the Violation
Thereof,' Approved December 3, 1931 as Amended and Supplemented;"
the ordinance having been introduced October 20, 1966 and passed March
2, 1967.
b. Ordinance #210 amending the ordinance in paragraph a above, introduced
April 3, 1969 and adopted July 17, 1969.
c. Ordinance #217 amending the ordinances in paragraphs a and b above,
introduced October 2, 1969, adopted October 16, 1969.
d. Ordinance #274 amending the ordinances in paragraphs a, b, and c
above, introduced October 2, 1975, adopted October 16, 1975.
e. Ordinance #139 entitled "An Ordinance Establishing Rules, Regulations
and Standards Governing the Subdivision of Land Within the Borough
of West Long Branch Pursuant to the Authority Set Forth in Chapter
433 of the Laws of 1953 and Amendments Thereof and Supplements Thereto,
Setting Forth the Procedure to Be Followed by the Planning Board and
the Mayor and Council in Applying and Administering These Rules, Regulations
and Standards, and Providing Penalties for the Violation Thereof'
introduced June 17, 1954 and adopted July 1, 1954.
f. Ordinance #203 amending the ordinance in paragraph e above, introduced
May 2, 1968, adopted May 16, 1968.
g. The Zoning Map of the Borough of West Long Branch prepared by William
D. Ayers, C.E., Borough Engineer, January, 1966, revised February,
1966, revised September, 1966, revised February, 1967, revised January,
1973, and revised September 1, 1974.
The ordinance or portions thereof enumerated in paragraphs a,
b, c, d, e and f which are inconsistent with the provisions of this
Chapter are hereby repealed.
[Ord. #284, A 5, S 4]
All applications for development filed prior to the effective date of this Section may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section
16-4 of this Chapter.
[Ord. #284, A 5, S 5]
This ordinance shall be known and may be cited as "The Land
Use Procedures Ordinance of West Long Branch."
[Ord. #284, A 5, S 6]
Immediately upon adoption of this ordinance the Borough Clerk
shall file a copy of this ordinance with the County Planning Board
as required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Borough relating to land
use, such as the Subdivision, Zoning and Site Plan Review Ordinances.