[Ord. #6-1989, § 200.1; amended 9-21-2020 by Ord. No. 2020-04]
a.
There is hereby established in the Borough of Spring Lake Heights,
pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-25 a Board entitled
the "Borough of Spring Lake Heights Land Use Board" consisting of
nine regular members and four alternates consisting of the following
four classes:
1.
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor.
2.
Class II: One of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor.
3.
Class III: A member of the governing body to be appointed by it.
4.
Class IV: Other citizens of the municipality, to be appointed by
the Mayor.
5.
Alternates. The Mayor shall have the authority to appoint up to four
alternate members who shall meet the qualifications of Class IV members
and shall be designated at the time of appointment as Alternates No.
1 through 4. Alternate members may participate in discussions of the
Board proceedings, but may not vote, except in the absence or disqualification
of a regular member of any class. The term of a Class IV alternate
member shall be two years.
6.
The phrase "Land Use Board" replaces the phrases "Planning Board,"
"Zoning Board of Adjustment," "Zoning Board" or "Board of Adjustment"
wherever these phrases appear in the General Ordinances of the Borough
of Spring Lake Heights.
b.
Terms of Membership.
1.
The term of the member composing Class I shall correspond with his
or her official tenure.
2.
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 the 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 or her term of office as a member of the Environmental Commission,
whichever comes first.
3.
The term of a Class IV member who is also a member of the Board of
Education, shall terminate whenever he or she is no longer a member
of any such body or at the completion of the Class IV term, whichever
occurs first.
4.
The term of each Class IV regular member shall be four years.
5.
The terms of the Class IV alternate members shall be two years, except
that the terms of the alternate members shall be such that the term
of not more than two alternate members shall expire in any one year
(N.J.S.A. 40:55D-23.1).
c.
Role of Alternate Members. 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; and if unavailable to vote,
Alternate 2; if not, Alternate 3; and if not, Alternate 4.
d.
Vacancies. If a vacancy of any class of a regular or alternate member
shall occur other than at the expiration of term, it shall be filled
by appointment as above provided for the unexpired term only.
e.
Compensation. Members of the Land Use Board shall serve without compensation
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
f.
Removal. Any member other than a Class I member may be removed by
the governing body for cause but only after public hearing and other
due process proceedings.
g.
Conflict. No regular or alternate member of the Land Use Board shall
be permitted to act on any matter in which he or she has either directly
or indirectly any personal or financial interest. No member who is
so disqualified may act on that particular matter, shall not continue
to sit with the Board on hearing of such matter, nor shall participate
in any discussion or decision.
h.
(Reserved)
i.
Reorganization. Yearly, the Land Use Board shall organize by selecting
from among its Class IV regular members a Chairman and Vice Chairman.
The Board shall also select a Secretary who may be either a member
of the Board or a municipal employee.
j.
Funding. The governing body shall make provisions in its budget and
appropriate funds for the expenses of the Land Use Board.
k.
Board Attorney. The Land Use Board may annually appoint to such office
and fix compensation or rate of compensation of an attorney-at-law
of New Jersey other than the municipal attorney.
l.
Staff. The Land Use Board may also employ or contract for and fix
compensation of such experts and other staff and services as it may
deem necessary. The appointment and compensation shall be fixed by
contract in compliance with N.J.S.A. 40A:11-5. The Board shall not,
however, exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for such purpose.
m.
Education Requirements. Members of the Planning Board are required
to complete the course on land use law as required by N.J.S.A. 40:55D-23.3.
n.
Agenda. The Clerk of the Board shall prepare an agenda for each meeting,
and prior to the meeting, shall send to the members sufficient copies
of the agenda and the minutes of the previous meeting.
[Ord. #6-1989, § 200.2; amended 9-21-2020 by Ord. No. 2020-04]
a.
The Land Use Board shall have and exercise all of the powers, duties
and procedures prescribed or necessarily implied by the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. for planning boards and shall
have further powers, duties and procedures prescribed by ordinance
adopted pursuant to the Municipal Land Use Law.
b.
In addition to the powers set forth in Subsection a, the Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to Subsection (d) of N.J.S.A. 40:55D-70.
c.
The Land Use Board shall have the powers listed below in addition
to other powers established by law:
1.
Make, adopt, and from time to time, amend a master plan for the physical
development of the municipality, including any areas outside its boundaries
that, in the Board's judgment, bear essential relation to the planning
of the municipality;
2.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation;
3.
Assemble data on a continuing basis as part of a continuous planning
process;
4.
Annually, prepare a program of municipal capital improvements projects
projected over a term of six years and amendments thereto and recommend
same to the governing body;
5.
Prepare, within the time prescribed by law, a periodic reexamination
of the master plan and/or adoption of a master plan or certain elements
of same;
6.
To perform such other advisory duties as are assigned to it by ordinances
or resolution of the governing body for the aid and assistance of
the governing body by other agencies or officers;
7.
The Land Use Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Land Use Board acting as the Zoning Board of Adjustment, when
the Land Use Board is reviewing applications for approval of subdivision
plans, site plans or conditional uses:
(a)
Variances pursuant to N.J.S.A. 40:55D-70a through c;
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area; and
(c)
Direction pursuant to N.J.S.A. 40:55D-35 for issuance of a permit
for a building or structure on a lot not abutting a street.
[Ord. #6-1989, § 200.3; amended 9-21-2020 by Ord. No. 2020-04]
The Land Use Board acting as the Zoning Board of Adjustment
shall have the power 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 the Administrative Officer based on or made in enforcement of the
Development Review Ordinance.
b.
Hear and decide requests for interpretation of the Zoning Map or
Development Review Ordinance or for decisions upon other special questions
upon which the Board is authorized to pass on any zoning or Official
Map ordinance.
c.
Grant a variance from the strict application of a regulation, upon
an application or an appeal, so as to relieve difficulties or hardships.
d.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property; or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or 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 zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon the developer of such property;
or
e.
Where in an application or appeal relating to a specific piece of
property the purposes of the Municipal Land Use Law and this article
would be advanced by deviation from the Development Review Ordinance
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance to allow the departure from
zoning regulations; provided, however, that no variance from those
departures enumerated in the following subsection shall be granted
under this section; 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.
f.
Grant a variance to allow a departure from the zoning regulations
under the Municipal Land Use Law; or
g.
To permit a use or principal structure in a district restricted against
such use or principal structure; or
h.
An expansion of a nonconforming use; or
i.
Deviation from a specification or standard pertaining solely to a
conditional use; or
j.
An increase in the permitted floor area ratio; or
k.
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; or
l.
A height of a principal structure that exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
m.
Any variance under this subsection shall be granted only by the affirmative
vote of at least five members.
n.
The Land Use Board acting as the Zoning Board of Adjustment shall,
at least once a year, review its decisions on applications and appeals
for variances and prepare and adopt by resolution a report of its
findings on Land Development Ordinance provisions which were the subject
of variance requests and its recommendations for Land Development
Ordinance amendment or revision, if any. The Land Use Board acting
as the Zoning Board of Adjustment shall send copies of the report
and resolution to the governing body.
o.
Any interested party may appeal to the governing body any final decision
of the Board when acting as the Zoning Board of Adjustment approving
an application for a variance pursuant to N.J.S.A. 40:55D-70d. Such
appeal shall be made within 10 days of the date of publication of
such final decision. The appeal to the Borough Council shall be made
by serving the Borough Clerk in person or by certified mail with a
notice of appeal specifying the grounds thereof and the name and address
of the appellant and name and address of his attorney, if represented.
Such appeal shall be decided by the Borough Council only upon the
record established before the Zoning Board of Adjustment.
p.
In the granting of hardship and use variances under this subsection,
a time limit of one year from the date of the variance approval shall
be set within which the owner shall secure a building permit; otherwise,
the variance granted shall be null and void. The Zoning Board of Adjustment
may, for good cause shown, extend the period for securing a building
permit for an additional period not exceeding six months.
[Ord. #6-1989, § 200.4; amended 9-21-2020 by Ord. No. 2020-04]
Minutes of regular and special meetings shall be kept and shall
include the names of persons appearing and addressing the Board and
of persons appearing by attorney, the action taken, the findings,
if any, and reasons therefor. The minutes shall be 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 proceedings concerning
the subject matter of such minutes and be charged a fee for their
reproduction.
[Ord. #6-1989, § 200.5; amended 9-21-2020 by Ord. No. 2020-04]
a.
The Board shall make rules governing the conduct of hearings. The
rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this
chapter. The approving authority may waive the required notices and
hearing for minor and exempt subdivisions and site plans except where
a variance or conditional use is part of the application.
b.
The presiding officer, or such person as he may designate, shall
have power to administer oaths or 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 of 1953 (N.J.S.A. 2A:67A-1
et seq.).
c.
The testimony of all witnesses 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.
Technical rules of evidence shall not be applicable, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
e.
The Board shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. Each Board
shall furnish a transcript, or duplicate recording in lieu thereof,
on request to any interested party at his expense.
f.
If an applicant desires a certified court reporter, the cost of taking
testimony and transcribing it and providing a copy of the transcript
to the Borough shall be at the expense of the applicant, who shall
also arrange for the reporter's attendance.
g.
When any hearing before the Board shall carry to two or more meetings,
a member of the Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding the member's absence from one or more of
the meetings, provided such Board member has received a transcript
or recording of the meeting from which he was absent and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
[Ord. #6-1989, § 200.6; amended 9-21-2020 by Ord. No. 2020-04]
a.
An application for development shall be complete for purposes of
commencing the applicable time period for action when the application
is certified complete by the approving authority. In the event that
the application is not certified to be complete within 45 days of
the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period, unless:
b.
The applicant may request than one or more of the submission requirements
be waived, in which event, the approving authority shall grant or
deny the request within 45 days.
c.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application.
d.
The approving authority may subsequently require correction of any
information found to be in error and submission or additional information
not specified in the ordinance or any revisions in the accompanying
documents, as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
have been met. The application shall not be deemed incomplete for
lack of any such additional information or revisions in the accompanying
documents so required by the approving authority.
[Ord. #6-1989, § 200.7; amended 9-21-2020 by Ord. No. 2020-04]
Each decision on any application for development shall be reduced
to writing, including findings of fact and conclusions thereon, through:
a.
A resolution adopted at a meeting held within the required time period
for action on the application; or
b.
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the approving authority
voted to grant or deny approval. Only the members who voted for the
action taken may vote on the memorializing resolution, and the vote
of a majority of such members present at the meeting at which the
resolution is presented for adoption shall be sufficient to adopt
the resolution. An action resulting from the failure of a motion to
approve an application shall be memorialized by a resolution as provided
above, with those members voting against the motion for approval being
the members eligible to vote on the memorializing resolution. The
vote on any such resolution shall be deemed to be a memorialization
of the action of the approving authority and not to be an action of
the approving authority. However, the date of the adoption of the
resolution shall constitute the date of the decision for purposes
of mailings, filings and publication. If the approving authority fails
to adopt a resolution or memorializing resolution, any interested
party may apply to the Superior Court in a summary manner for an order
compelling the municipal agency to reduce its findings and conclusion
to writing within a stated time, and the cost of the application,
including attorney's fees shall be assessed against the municipality.
c.
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of decision to the applicant, or if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the approving authority in the office of the
administrative officer. The administrative officer shall make a copy
of such filed decision available to any interested party for a reasonable
fee and available for public inspection at his office during reasonable
hours.
d.
A brief notice of the decision shall be published in the official
newspaper of the Borough, if there be one, or in a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the applicant. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision.
[Added 9-21-2020 by Ord. No. 2020-04]
a.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the approving authority shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
b.
Regulation of land development and the attachment of reasonable conditions
to development applications are exercises of valid police powers delegated
by the State to the Borough. The applicant shall comply with reasonable
conditions laid down by the approving authority for design, dedication,
improvements and the use of the land to conform to the physical and
economic development of the municipality and to the safety and general
welfare of the future residents and the community at large.
[Ord. #6-1989, #201.1; amended 9-21-2020 by Ord. No. 2020-04]
As used in this section, the following terms shall have the
meanings indicated:
The list of submission requirements adopted by ordinance
and provided by the municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
Every loan, gift, subscription, advance or transfer of money
or other thing of value, including any item of real property or personal
property, tangible or intangible (but not including services provided
without compensation by individuals volunteering a part or all of
their time on behalf of a candidate, committee or organization), made
to or on behalf of any candidate, candidate committee, joint candidates
committee, political committee, continuing political committee or
political party committee and any pledge, promise, or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of this article, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
A list specifying the amount, date, and the recipient of
any and all contributions made to or on behalf of any candidate, candidate
committee, joint candidates committee, political committee, continuing
political committee or political party committee of, or pertaining
to, this municipality, made up to one year prior to filing the variance
application and/or during the pendency of the application process,
and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal
or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
Any person or entity whose principals are required to be
licensed by New Jersey Law and who supplies legal representation,
expert testimony or written reports in support of an application.
"Professionals" shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which said individuals
practice.
[Ord. #6-1989, § 201.2; amended 9-21-2020 by Ord. No. 2020-04]
a.
Disclosure Requirements.
1.
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) or
a variance pursuant to N.J.S.A. 40:55D-70(c) in conjunction with any
application for a subdivision not considered a minor subdivision pursuant
to local ordinance or a site plan not considered a minor site plan
pursuant to local ordinance as well as any application for a subdivision
not considered a minor subdivision pursuant to local ordinance or
site plan not considered a minor site plan pursuant to local ordinance
requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall
include in the application contribution disclosure statements for
all developers; all associates of said developers who would be subject
to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and
all professionals who apply for or provide testimony, plans, or reports
in support of said variance and who have an enforceable proprietary
interest in the property or development which is the subject of the
application or whose fee in whole or part is contingent upon the outcome
of the application.
2.
During the pendency of the application process until final site plan
approval is granted, any applicant required to comply with this ordinance
shall amend its Contribution Disclosure Statements to include continuing
disclosure of all contributions within the scope of disclosure requirement
of the above subsection.
b.
Inclusion of Contribution Disclosure Statements as an Element of
the Application Checklist.
1.
An application checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection a of this subsection be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
2.
(Reserved)
3.
An application shall not be deemed complete by the administrative
official or accepted for public hearing by the municipal agency until
the required contribution disclosure statements are submitted.
c.
Availability of the Disclosure Statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
d.
Intent of the Disclosure Statement. It is the intent of this section
that the disclosure statement shall serve to inform the public and
not serve as evidence relevant to the decision criteria for variance
applications pursuant to N.J.S.A. 40:55D-70(d) as well as for relief
pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications
for site plan and subdivision approval not considered to be minor
site plans or minor subdivisions pursuant to local ordinance.[1]
[1]
Editor's Note: Former §§ 22-202, Provisions
Applicable to Both Boards, Ord. #6-1989, §§ 202.1 through
202-12, and 22-203, Contribution Disclosure Statements, Ord. #1-2004,
§ 1, were repealed 9-21-2020 by Ord. No. 2020-04.
