[Ord. 12/14/76, Art. I,
§ 1; Ord. #1-96 § 1; amended 4-13-2021 by Ord. No. 2021-002]
Pursuant to N.J.S.A. 40:55D-25(c), the Borough of South Bound
Brook hereby creates a nine member Planning Board which Planning Board
shall have the right to exercise, to the same extent and subject to
the same restrictions, all of the powers of the Zoning Board of Adjustment.
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member
of the Borough Council 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 N.J.S.A. 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
or alternate members.
Class III. A member of the Borough Council to be appointed by
it.
Class IV. Six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education or
Historic Preservation Commission. A member of the Environmental Commission
who is also a member of the Planning Board as required by N.J.S.A.
40:56A.1 shall be 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.
Alternate members. Not more than four municipal residents may
be appointed by the appointing authority for Class IV members. Alternate
members shall meet the qualifications of Class IV members of nine-member
planning boards. Alternate members shall be designated at the time
of appointment by the Mayor as “Alternate No. l,” “Alternate
No. 2,” “Alternate No. 3,” and “Alternate
No. 4.” Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class. Participation of alternate members shall not
be deemed to increase the size of the Planning Board established by
ordinance of the Borough Council, pursuant to section 14 of P.L. 1975,
c.291 (C.40:55D-23). A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. #1-96, §§ 2-5]
a.
The Class I and Class III members of said Planning Board shall not
participate in consideration of applications for the Board which involve
relief pursuant to subsection D of section 57 of Public Law 1975,
Chapter 291 (N.J.S.A. 40:55D-70).
b.
All powers and responsibilities previously established and given
to the Zoning Board of Adjustment by ordinance and statute are hereby
specifically transferred to the newly created Planning Board.
d.
Any pending applications before the Zoning Board of Adjustment as
of the effective date of this ordinance shall be transferred as of
that date to the Planning Board.
[Ord. 12/14/76, Art. I,
§ 2; amended 4-13-2021 by Ord. No. 2021-002]
The term of the member composing Class I shall correspond with
the Mayor's official tenure. The terms of the members composing 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 member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
The term of a 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
Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Borough Council, 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 Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided in Section 30-1.1, for the unexpired term
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year.
However, if four alternates have been appointed, the term of not more
than two alternate members shall expire in any one year provided further
that in no instance shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing authority for
the unexpired term only.
[Ord. 12/14/76, Art. I,
§ 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. 12/14/76, Art. I,
§ 4; amended 4-13-2021 by Ord. No. 2021-002]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary who may or may
not be a member or alternate member of the Planning Board or a municipal
employee, and create and fill such other offices as established by
ordinance. An alternate member shall not serve as chairman or vice
chairman of the Planning Board.
[Ord. 12/14/76, Art. I,
§ 5; amended 4-13-2021 by Ord. No. 2021-002]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, employ or contract for, and
fix the compensation of or agree upon the rate of compensation of
the Planning Board Attorney who shall be an attorney other than the
Municipal Attorney.
[Ord. 12/14/76, Art. I,
§ 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 Borough Council.
[Ord. 12/14/76, Art. I,
§ 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.A. 2A:67A.1 et seq.) shall apply. It shall also
have the following powers and duties:
a.
To make and adopt and amend a Master Plan for the physical development
of the municipality including any areas outside its boundaries, which
in the Board's judgment bear essential relation to the planning of
the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of Chapter 31, Land Development Regulations, and in accordance with the provisions of that chapter, and the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions
of the Zoning Chapter pursuant to N.J.S.A. 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 planning
process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto and recommend
same to the Borough Council.
g.
To consider and make report to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Council, pursuant to the provisions of N.J.S.A. 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 set-back and yard requirements provided
that such relief from lot area requirements shall not be granted for
more than one lot.
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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.
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i.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Council or other agencies or officers.
[Ord. 12/14/76, Art. I,
§ 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. Minor subdivision shall mean a subdivision of land
that does not involve 1. The creation of more than three lots fronting
on an existing street; 2. Plan development; 3. Any new street; or
4. Extension of any off-tract improvement.
b.
Preliminary Approval Major Subdivisions. Upon submissions 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 30-1.7h, 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. 12/14/76, Art. I,
§ 9; Ord. 2/8/77, Art.
I, § 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 four copies of a sketch plat; four copies of applications for
minor subdivision approval; four copies of application for major subdivision
approval; or four 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. 12/14/76, Art. I,
§ 10; Ord. No. 2005-03 § 4]
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.
a.
Where an Advisory Committee on Community Character has been appointed,
site plan and zoning compliance matters may be referred to the Committee
by the Planning Board or Zoning Officer. Certification of compliance
by the Committee may serve in lieu of formal findings or other determination
upon ratification by the approving authority in the case of site plan
review or zoning compliance.
[Ord. 12/14/76, Art. I,
§ 1]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
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.
[1]
Editor's Note: Former subsections 30-2.1 through 30-2.4 pertaining to the establishment, composition and the staff of the Zoning Board of Adjustment, previously codified herein and containing portions of Ordinance 12/14/76, Art. II §§ 1-4, was repealed in its entirety by Ordinance No. 1-96. Pursuant to Section 3 of Ordinance No. 1-96, all powers and responsibilities previously established and given to the Zoning Board of Adjustment are specifically transferred to the Planning Board.
[Ord. 12/14/76, Art. II,
§ 5]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Ord. 12/14/76, Art. II,
§ 6]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 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. 12/14/76, Art. II,
§ 7]
a.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 65 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 approval. 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. 12/14/76, Art. II,
§ 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. 12/14/76, Art. II,
§ 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 and every structure permitted
by the variance, or unless such permitted use has actually been commenced
within 12 months from the date of publication of the notice of judgment
or determination of the Board of Adjustment; and the structure, building
or alteration, shall be completed within 24 months from the date of
publication of the notice of 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 governing body
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding. For good cause, the Board
of Adjustment may, upon application in writing stating the reasons
therefor, extend either the 12 months or the 24 months.
Should the applicant fail to obtain the necessary permit or
permits within such 12 month period, or having obtained the same should
he fail to commence work thereunder within such 12 month period, it
shall be conclusively presumed that the applicant has waived, withdrawn
and abandoned his application, and all permissions, variances and
permits shall be deemed automatically rescinded by the Board of Adjustment.
Should the applicant commence construction or alteration within
the 12 month period and fail to complete such construction or alteration
within the 24 month period, the Board of Adjustment may upon 10 days
notice in writing to the applicant rescind or revoke the granted variance
or the issuance of the permit or permits, or other action authorized,
if the Board of Adjustment finds that no good cause appears for the
failure to complete within such 24 month period and if the Board of
Adjustment further finds that conditions have so altered or changed
the interval sense the granting of the variance, permit or action,
that revocation or rescission of the action is justified.
[Ord. 12/14/76, Art. II,
§ 10]
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 Chapter.
b.
Hear and decide requests for interpretation of the map or Zoning
Chapter, or for decisions upon other special questions upon which
such Board is authorized by the Zoning Chapter to pass.
c.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation in the Zoning Chapter would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, to grant upon an application or an
appeal relating to such property, a variance from such strict application,
so as to relieve such difficulties or hardship, provided, however,
that no variance shall be granted under the paragraph to allow a structure
or use in a district restricted against such structure or use, and
further provided that the proposed development does not require approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board shall review a request
for a variance pursuant to the subsection 47a of the Municipal Land
Use Law of 1975, Chapter 291, P.L. 1975.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board [i.e., five votes].
No variance or other relief may be granted under the provisions
of this section unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the Zone Plan and Zoning Chapter.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report, provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
[Ord. 12/14/76, Art. II,
§ 11]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 30-2.10 have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainage
way, flood control basin or public area reserved on the official map.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
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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 N.J.S.A. 40:55D-67
whenever the Board is reviewing an application for approval of a use
variance pursuant to subsection 14-2.10d of this chapter.
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[Ord. 12/14/76, Art. II,
§ 12]
The Board of Adjustment shall render its decision not later
than 120 days after the date:
a.
An appeal
is taken from the decision of an administrative office; or
b.
The submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-70b.
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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.
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[Ord. 12/14/76, Art. III,
§ 1; amended 4-13-2021 by Ord. No. 2021-002]
No member and/or alternate member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which they have either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, they shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
[Ord. 12/14/76, Art. III,
§ 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 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 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. 12/14/76, Art. III,
§ 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 by 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. 12/14/76, Art. III,
§ 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 is 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. Existing fee schedules are hereby saved from repeal,
and are incorporated herein as if set forth at length.
[Ord. 12/14/76, Art. III,
§ 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 N.J.S.A. 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 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and 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. 12/14/76, Art. III,
§ 6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination
of the municipal agency in question, the application 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 municipality
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.
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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 on behalf of the corporation.
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c.
Notice of all hearings on applications for development involving property located within two hundred (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 30-3.6b 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
or the official County map or on the County Master Plan, adjoining
other County land or situate within two hundred (200') feet of a municipal
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 Municipal 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 N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[Ord. 12/14/76, Art. III,
§ 7; Ord. 2/8/77, § 7]
Pursuant to the provisions of N.J.S.A. 40:55D-12e, the Administrative Officer 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 30-3.6b of this chapter.
[Ord. 12/14/76, Art. III,
§ 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 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 municipality.
[Ord. 12/14/76, Art. III,
§ 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 of 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
10 days of the date of any decision.
[Ord. 12/14/76, Art. III,
§ 10]
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 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 municipality will be adequately protected.
[Ord. 12/14/76, Art. IV,
§ 1; amended 4-13-2021 by Ord. No. 2021-002]
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 municipality based on or made in the enforcement of
the Zoning Chapter or official map. Such appeal shall be taken within
20 days by filing a notice of appeal with the officer from whom the
appeal is taken, specifying the grounds of such appeal. The officer
from whom the appeal is taken shall immediately transmit to the Board
all the papers constituting the record upon which the action appealed
from was taken. A developer may file an application for development
with the Board of Adjustment for action under any of its powers without
prior application to an administrative officer, pursuant to N.J.S.A.
40:55D72.
[Ord. 12/14/76, Art. V,
§ 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. 12/14/76, Art. V,
§ 5]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of South Bound Brook."
[Ord. 12/14/76, Art. V,
§ 6]
A copy of these provisions is filed with the County Planning
Board as required by law. The Clerk shall file with the County Planning
Board copies of all other ordinances of the municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
ordinances.
