[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:
1. 
Class I: The Mayor.
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.