[Ord. No. 102; Ord. No. 209; Ord. No.
214; Ord. No. 240; Ord. No. 308]
a.
There is hereby established, pursuant to N.J.S. 40:55D-1, et seq.,
in the Borough of Woodbine, a Planning Board of nine members consisting
of the following four classes, in accordance with the provisions of
N.J.S. 40:55D-23:
|
Class I.
|
The Mayor
|
|
Class II.
|
One of the officials of the municipality other than a member
of the Governing Body to be appointed by the Mayor.
|
|
Class III.
|
A member of the Governing Body to be appointed by it.
|
|
Class IV.
|
Six other citizens of the municipality, to be appointed by Mayor.
The members of class IV shall hold no other Borough office, position
or employment, except as provided and allowed by Statute.
|
|
The members of Class IV shall hold no other municipal office.
A member of the Environmental Commission, if any, who is also a member
of the Planning Board as required by N.J.S. 40:56A-1 shall be a Class
IV Planning Board member.
| |
b.
In addition to the members aforesaid, there shall be two alternate
members to be appointed by the Mayor, and shall meet the qualifications
of Class IV members.
Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." 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 shall not be
more than one year. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. No. 214 § 2]
The term of the member composing Class I shall correspond with
his 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. The term
of the 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 occurs
first.
The terms of all Class IV members shall be four years, except
that the First Board shall consist of one member of this class, holding
a term expiring January 1, 1977, one for a term expiring January 1,
1978, and one for a term expiring January 1, 1979 and one for a term
expiring
January 1, 1980. Thereafter each member of Class IV shall be
appointed for a term of four years.
[Ord. No. 214 § 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. No. 214 § 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 municipal employee designated
by it.
[Ord. No. 214 § 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 Municipal Attorney.
[Ord. No. 214 § 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. No. 214 § 7]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this section.
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 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. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the municipality in accordance with
the provisions of the ordinances, and the Municipal Land Use Law,
Chapter 291, P.L. 1975, N.J.S. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions
of the zoning ordinance pursuant to N.J.S. 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 Governing Body.
g.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S. 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 N.J.S. 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:
1.
Variances pursuant to N.J.S. 40:55D-70c. 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.
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 or officers.
[Ord. No. 214 § 8; Ord. No. 245 § 1]
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 23-1.7g of this section, 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.
e.
Site Plan Review. Within 45 days after applicant has submitted a
complete application for preliminary, final or optional simultaneous
preliminary-final site plan approval, a public hearing for preliminary
approval shall be held by the Planning Board in accordance with N.J.S.
40:55D-10. The Planning Board may continue the hearing provided, however,
that in any event, the Planning Board shall conclude the public hearing
and act on the application within 45 days after submission of complete
application for preliminary approval for a site plan for 10 acres
of land or less or for final or optional final site plan approval,
and within 95 days after the submission of a complete application
for preliminary approval of a site plan of more than 10 acres.
[Ord. No. 214 § 9; Ord. No. 245 § 2]
Applications for development, within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S. 40:55D-1 et seq. shall be filed with the Secretary of the Board. Applicant shall file at least 21 days before the date of the regular meeting of the Board at which such application is to be presented, eight copies of a sketch plat; eight copies of application for minor subdivision approval; eight copies of application for major subdivision approval or eight copies if an application for planned development approval, as the case may be. At the time of filing the appropriate application, the applicant shall also file all plat plans, maps, reports or other papers and documents required by virtue of any provision of this chapter, any other applicable ordinance, law or statute or rule of the Planning Board together with all applicable fees. Applications for site plan or conditional use approval shall be submitted in accordance with the applicable provisions of the Borough Zoning Chapter (Sections 26-61 and 26-62 respectively). The applicant shall obtain all necessary forms from the Secretary of the Planning Board, who shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[Ord. No. 381]
The Woodbine Planning Board, a nine member Board, has studied
the concept of unifying the powers of the Zoning Board of the Borough
of Woodbine with those of the Planning Board of the Borough as permitted
by N.J.S.A. 40:55D-25(c), amended by P.L. 1994, c. 186, allowing a
municipality having a population of less than 10,000 to so consolidate
the powers of the Zoning and Planning Boards into an existing nine
member municipal Planning Board.
N.J.S.A. 40:55D-25(c), amended by P.L. 1994, c. 186, provides
that the Planning Board, as such, shall have the right to exercise
to the same extent and subject to the same restrictions, all the powers
of a Zoning Board of Adjustment.
The Planning Board of the Borough of Woodbine has determined
by Resolution No. 3-95 that a single board approach to zoning and
planning is appropriate for the Borough and has accordingly recommended
the same to the Mayor of the Borough.
The Mayor and Council of the Borough have considered the recommendations
of the Borough Planning Board of the Borough, exercising in addition
to its Planning Board functions, the powers of a Zoning Board of Adjustment,
which is in fact beneficial and in the better interests of the residents
of the Borough by virtue of efficiencies and cost savings that can
be achieved through such consolidation.
[Ord. No. 381 § II]
Pursuant to N.J.S.A. 40:55D-25(c), as amended by P.L. 1994,
C. 186, the existing nine member Planning Board of the Borough shall
have the right to exercise, to the same extent and subject to the
same restrictions, all the powers of a Zoning Board of Adjustment,
including but not limited to those powers and duties prescribed by
law to Zoning Boards of Adjustment pursuant to N.J.S.A. 40:55D-70
and 40:55D-76.
[Ord. No. 381 § III]
The Class I and Class III members of the Planning Board shall
not participate in the consideration of applications for development
which involve relief pursuant to subsection d of Section 57 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-70).
[Ord. No. 381 § IV]
Any and all matters currently filed with and before the existing
Zoning Board of Adjustment of the Borough are to be handled to a conclusion
before the existing Board of Adjustment of the Borough. At such time,
the Zoning Board of Adjustment shall terminate its activities. Any
and all further applications for relief and development that otherwise
would have been submitted to the Zoning Board of Adjustment shall,
upon passage of this section, be directed to the Planning Board of
the Borough.
[Ord. No. 214 A.2 § 5]
The Planning 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.
a.
The powers of the Planning Board shall be in accordance with N.J.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 Planning
Board 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 power 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 N.J.S. 40:55D-69 et
seq. 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. No. 214 A.2 § 7]
a.
Appeals to the Planning Board 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 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 Planning Board
without prior application to an administrative officer, shall be filed
with the Secretary of the Planning Board. 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 Planning
Board. The applicant shall obtain all necessary forms from the Secretary
of the Planning Board. The Secretary of the Planning 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 Planning Board 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 Planning Board 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. No. 214 A.2 § 8]
In exercising the above mentioned power, the Planning Board
may, in conformity with the provisions of N.J.S. 40:55D-1 et seq.
or amendments thereto or subsequent statutes applying reverse or affirm
wholly or partly or may modify the order requirements, 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. No. 214 A.2 § 9]
Any variance from the terms of this chapter hereafter granted
by the Planning Board permitting the erection or alteration of any
structure or structures, or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced,
within three years from the date of publication of the notice of the
judgment or determination of the Planning Board; except however, that
the running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the Planning
Board to the Governing Body, or to a court of competent jurisdiction,
until the termination in any manner of such appeal or proceeding.
[Ord. No. 214 A.2 § 10]
The Planning Board 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.
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 ordinance 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 this 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 N.J.S. 40:55D-60a.
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 affirmative vote of at least 2/3 of the full
authorized membership of the Board.
No variance or other relief may be granted under the provisions
of this section unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, for its report provided that
such reference shall not extend the period of time within which the
Planning Board shall act.
[Ord. No. 214 A.2 § 11; Ord. No. 245]
The Planning Board shall in addition to the powers specified in Section 23-3.5 of this section have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S. 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. 40:55D-36 for a building
or structure not related to a street.
c.
The Planning Board shall have the power to grant subdivision or site plan approval pursuant to Article 6 of Chapter 291, P.L. 1975 or conditional use approval pursuant to N.J.S. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 23-3.5d. Applicants shall be bound by the procedures as set forth herein and as set forth in the Borough's Zoning Ordinance and Subdivision Ordinances.
[Ord. No. 214 A.2 § 12]
The Planning Board shall render its decision not later than
120 days after the date (1) an appeal is taken from the decision of
an administrative office, or (2) the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.
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. No. 214 A.3 § 2]
a.
Meetings of the Planning Board 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 N.J.S. 40:55D-1 et seq.
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. No. 214 A.3 § 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 Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[Ord. No. 214 A.3 § 4]
Fees for applications or for the rendering of any service by
the Planning Board 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.
[Ord. No. 214 A.3 § 5]
a.
Rules. The Planning Board shall make rules governing the conduct
of hearings before such bodies which rules shall not be inconsistent
with the provisions of N.J.S. 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 directed
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. The 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. No. 214 A.3 § 6]
Whenever a hearing is required on an application for development
pursuant to N.J.S. 40:55D-1 et seq. or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which applicant's
land is located. Such notice shall be given by:
c.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph b to the owners of lands in such
adjoining municipality which are located within 200 feet of the subject
premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County master plan, adjoining
other County land or situate within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation for 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 N.J.S. 40:55D-10b.
g.
All notices hereinabove specified in this subsection shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S. 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. No. 214 A.3 § 7]
Pursuant to the provisions of N.J.S. 40:55D-12c, the Administrative
Officer of the municipality, the Municipal Clerk, the Municipal Tax
Collector, shall within seven days after receipt of a request therefor
and upon receipt of payment of a fee of $10 make and certify a list
from the current tax duplicate of names and addresses of owners to
whom the applicant is required to give notice pursuant to paragraph
23-4.5b.
[Ord. No. 214 A.3 § 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 fees prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
[Ord. No. 214 A.3 § 9]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board 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 such decision.
[Ord. No. 214 A.3 § 10]
Pursuant to the provisions of N.J.S. 40:55D-39 and N.J.S. 40:55D-65,
every application for development submitted to the Planning Board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or, if it is shown that taxes or assessments
are delinquent on the property, any approvals or other relief granted
by the Board shall be conditioned upon either the prompt payment of
such taxes or assessments, or the making of adequate provision for
the payment thereof, in such manner that the municipality will be
adequately protected.
[Ord. No. 214 A.IV § 1]
An appeal to the Planning Board 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 ordinance, or official map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in subsection 23-3.2a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. No. 214 A.IV § 2]
An appeal from any decision of the Planning Board granting a
use variance pursuant to the provisions of N.J.S. 40:55D-17d may be
taken to the Governing Body provided such appeal shall be made within
10 days of the date of publication of such final decision of the Planning
Board.
[Ord. No. 214 A.IV § 3]
Except as set forth in subsection 23-4.11 above, all other appeals from final decisions of the Planning Board shall be taken to the New Jersey Superior Court pursuant to the applicable laws of the State of New Jersey.
[Ord. No. 214 A.5 § 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. No. 214 A.5 § 2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of this municipality
which contains provisions contrary to the provisions of this chapter
shall be and are hereby (to the extent of such inconsistency), repealed.
[Ord. No. 214 A.5 § 3]
Pursuant to the provisions of Chapter 291, P.L. 1975, Section
81, the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of this municipality
and development regulations set forth therein shall continue in full
force and effect and shall be read in para materia with this chapter.
[Ord. No. 214 A.5 § 4]
[Ord. No. 214 A.5 § 5]
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Woodbine".
[Ord. No. 214 A.5 § 6]
Immediately upon adoption of this chapter the Municipal Clerk
shall file a copy of this chapter 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 municipality relating
to land use, such as the subdivision, zoning and site plan review
ordinances.
