[Ord. #1/6/78, A IV, § 1]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[Ord. #1/6/78, A IV, § 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 Laws of N.J. 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, Ch. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either board shall not be deemed
a regular or special meeting in accordance with the provisions of
C. 40:55D-9.
[Ord. #1/6/78, A IV, § 3]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Borough Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[Ord. #1/6/78, A IV, § 4]
Fees and documents 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 and submission
schedule shall be available to the public.
[Ord. #1/6/78, A IV, § 5]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of c. 40:55D-1 et seq.
or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
P.L. 1953, c. 1938 (c. 2A:67A-1 et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means
at the expense of the respective board. The Board shall furnish a
transcript or duplicate recording in lieu thereof on request to any
interested party at his expense.
[Ord. #1/6/78, A IV, § 6]
Whenever a hearing is required on an application for development
pursuant to c. 40:55D-1 et seq. 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 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.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its President,
a vice President, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on application for development involving property
located within two 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 paragraph b of this subsection to
the owners of lands in such adjoining municipality which are located
within two hundred (200') feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situate within two hundred (200') feet of a 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 Borough Clerk pursuant to Section 6b of C. 291 Laws of N.J.
1975.
g.
All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to complete upon mailing in accordance with the provisions
of C. 40:55D-14.
1.
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. #1/6/78, A IV, § 7; New]
Pursuant to the provisions of C. 40:55D-12c, the Administrative Officer of the Municipality, the Construction Code Official, or other designated official, 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 17-5.6, paragraph b of this chapter.
[Ord. #1/6/78, A IV, § 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. #1/6/78, A IV, § 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 or 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 such decision.
[Ord. #1/6/78, A IV, § 10]
Pursuant to the provisions of C. 40:55D-39 and C. 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. #1/6/78, A V, § 1]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the 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 17-10.7 of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. #1/6/78, A V, § 2]
An appeal from any final decision of the Planning Board may
be taken to the Borough Council provided such appeal shall be made
within 10 days of the date of publication of such final decision of
the Planning Board. Such appeal shall be made in accordance with the
provisions of C. 40:55D-17.
[Ord. #1/6/78, A V, § 3]
An appeal from any decision of the Zoning Board of Adjustment
granting a use (or any final) variance pursuant to the provisions
of C. 40:55D-17(d) may be taken to the Borough Council provided such
appeal shall be made within 10 days of the date of publication of
such final decision of the Zoning Board of Adjustment.
[Ord. #1/6/78, A VI, § 1]
Whenever a term is used in this chapter which is defined in
Ch. 291 Laws of N.J. 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. #1/6/78, A VI, § 2]
All sections of the Land Subdivision Ordinance, Zoning Ordinance,
Site Plan Review Ordinance or any other ordinance of the Borough which
contains provisions contrary to the provisions of this chapter shall
be and are hereby (to the extent of such inconsistency) repealed.
[Ord. #1/6/78, A VI, § 3]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 17-6, Appeals, of this chapter.
[Ord. #1/6/78, A VI, § 4]
This article shall be known and may be cited as "The Land Use
Procedures Ordinance of the Borough of Beachwood."
[Ord. #1/6/78, A VI, § 4]
Immediately upon adoption of this section the Borough Clerk
shall file a copy of this section with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other regulations of the Municipality relating
to land use, such as the subdivision, zoning and site plan review
regulations.
[Ord. # 1/6/78, A VII, § 1; Ord. # 95-01, § 2]
There is hereby established pursuant to the provisions of C.
291 P.L. 1975, in the Borough of Beachwood, a Planning Board or a
Land Use Board of nine members consisting of the following four classes:
Class I. The Mayor, who shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70.
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 who is also
a member of the Planning Board as required by C. 40:56A-1, shall be
deemed to be the Class II Planning Board member if there is both a
member of the Zoning Board of Adjustment and a member of the Board
of Education among the Class IV members.
Class III. A member of the Borough Council to be appointed by
it. However, the Class III member shall not participate in the consideration
of applications for development which involve relief pursuant to N.J.S.A.
40:55D-70.
Class IV. Six other citizens of the Borough 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 Board of Education.
A member of the Environmental Commission who is also a member of the
Planning Board as required by R.S. 40:56A-1, shall be a Class IV Planning
Board Member.
[Ord. No. 95-01, § 3]
There are hereby established two alternate members to the Beachwood
Planning Board. The alternate members shall be appointed by the Mayor
and shall meet the qualifications of Class IV members of said Board.
The alternate members shall be designated at the time of the Mayor's
appointment as "Alternate #1" and "Alternate #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 of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance, shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise then by
expiration of the 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 not vote except
in the absence or disqualification of a regular member of any class.
In the event that a choice must be made as to which alternate member
is to vote, Alternate #1 shall vote.
[Ord. #1/6/78, A VII, § 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, 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 section 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.
[Ord. #1/6/78, A VII, § 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. #1/6/78, A VII, § 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. #1/6/78, A VII, § 5]
There is hereby created the office of Planning Board Attorney.
The Planning Board shall annually appoint, fix the compensation of
and agree upon the rate of compensation of the Planning Board Attorney
for other than regularly anticipated legal matters who shall be an
attorney other than the Municipal Attorney.
[Ord. #1/6/78, A VII, § 6]
The Planning Board shall also employ or contract for the services
of a Planning Consultant and his 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 for this
use.
[Ord. #1/6/78, A VII, § 7; Ord. # 95-01, § 5]
The Planning Board is authorized to adopt by-laws governing
its procedural operation. 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 Borough including any areas outside its boundaries, which in
the Board's judgment bear essential relation to the planning of the
Borough, in accordance with the provisions of C. 40:55D-28.
b.
To administer the provisions of the land subdivision regulations
and site plan review regulations of the Borough in accordance with
the provisions of the ordinances and the Municipal Land Use Law of
1975, C. 40:55D-1 et seq.
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
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.
f.
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 C. 40:55D-26(a), and also pass
upon other matters specifically referred to the Planning Board by
the Borough Council, pursuant to the provisions of C. 40:55D-26(b).
g.
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 Ch. 291 Laws of N.J. 1975
from lot area, lot dimensional setback and yard requirements provided
that such relief from lot area requirements shall not be granted for
more than one lot.
2.
Direction pursuant to Section 25 of the Act for issuance of permit
for building and structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to Section 23 of said Act.
3.
Direction pursuant to Section 27 of the Act for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this paragraph, 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.
h.
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 Borough Council or other agencies or officers.
i.
The Planning Board shall have those powers and follow those procedures as hereinafter set forth in subsection 17-10.6 entitled "Powers of Zoning Board of Adjustment" through 17-10.12 entitled "Time for Decision." Throughout those sections any current reference to "Zoning Board of Adjustment" should now read "Planning Board."
[Ord. #1/6/78, A VII, § 8; Ord. #87-17, § 5]
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 Planning Board 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 either size 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 17-9.7, paragraph g of this chapter, 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. #1/6/78, A VII, § 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, eight copies of a sketch plat; four copies of applications
for minor subdivision approval; eight copies of drawings and applications
for major subdivision approval or eight copies of an application for
site plan review, conditional use approval.
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. See Section 17-13, and subsection 17-14.4 for fees and document requirements.
[Ord. #1/6/78, A VII, § 10]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Ord. #1/6/78, A VII, § 11]
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.
[Ord. #1/6/78, A VII, § 12]
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.
[1]
Editor's Note: Former subsections 17-10.1 through 17-10.5,
previously codified herein and containing portions of Ordinance No.
1/6/78, were repealed in their entirety by Ordinance No. 95-01.
[Ord. #1/6/78, A VIII, § 6]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with R.S. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this section 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 Ch. 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. #1/6/78, A VIII, § 7; Ord. #87-4, § 1;
Ord. #89-11, § 1; Ord. #97-17, §§ 1, 2; Ord.
#97-20, § 1; Ord. #98-11, § 1]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
or by an officer, department, board, or bureau of the Municipality
affected by any decision of the Administrative Officer. 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 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 case, 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.
d.
The completed appeal should be submitted with:
1.
Eleven copies of the proposed new construction plans.
2.
Eleven copies of Survey reflecting current conditions must be submitted.
3.
The proper fee in favor of the Borough of Beachwood:
(a)
Hear and decide appeals - $35.00.
(b)
Interpretation of the Zoning Map - $25.00.
(c)
Bulk variance-Residential - $50.00/per variance; Other uses
- $100.00/per variance.
(d)
Use variance-Residential - $125.00/per dwelling unit; Other
uses - $125.00/per acre.
(e)
Building permit in conflict with Official Map or building permit
for lot not related to a street - $50.00.
(f)
Conditional uses - $125.00.
(g)
Eleven copies of the Zoning Officer's denial which is the basis
for this appeal.
4.
The proper escrow fee in favor of the Borough of Beachwood:
(a)
In addition to the submission of application filing fees (which
are charged to cover general Borough administrative costs), as set
forth hereinbefore, development application which meet the criteria
established herein shall be accompanied by a deposit of escrow funds
in accordance with the provisions of this subsection.
(b)
Said escrow funds shall be utilized to cover the costs to the
Borough of professional and nonprofessional services required during
the development application review process. Professional and nonprofessional
fees and salaries incurred in connection with the review of an application
and plans, consultation, site inspections, written reports, resolution
preparation, meeting attendance, general preparation, research testimony
and other work performed by the Board Planner, Board Attorney, Municipal
Engineer or the assistant to the Municipal Engineer, Health Officer
and any other professional consulting services, such as a professional
traffic consultant, that may be required due to the nature of the
application, shall be paid from escrow funds. Escrow funds as provided
for in the subsection shall not be utilized to pay inspection costs
required during the construction process.
(c)
Escrow amounts. Escrow funds in the amount specified herein
shall be required relative to the following applications:
(1)
Sketch plat for major subdivision, minor subdivision, preliminary
major subdivision approval for residential use.
|
Escrow Amount
| |
|---|---|
|
1- 3 lots or units
|
$1,500.00
|
|
4 - 10 lots or units
|
$2,000.00
|
|
11 - 25 lots or units
|
$3,000.00
|
|
26 - 50 lots or units
|
$5,000.00
|
|
51 - 100 lots or units
|
$7,500.00
|
|
In excess of 100 lots or units
|
$15,000.00
|
(2)
Final major subdivision approval and final site plan approval
for residential use.
|
Escrow Amount
| |
|---|---|
|
1 - 10 lots or units
|
$1,000.00
|
|
11 - 25 lots or units
|
$1,500.00
|
|
26 - 50 lots or units
|
$2,500.00
|
|
51 - 100 lots or units
|
$3,750.00
|
|
In excess of 100 lots or units
|
$7,500.00
|
(3)
Nonresidential preliminary site plan approval inclusive of minor
site plan.
|
Escrow Amount
| |
|---|---|
|
Less than 10,000 square feet of building area
|
$3,000.00
|
|
10,001 - 50,000 square feet of building area
|
$10,000.00
|
|
50,001 - 100,000 square feet of building area
|
$20,000.00
|
|
In excess of 100,000 square feet of building area
|
$25,000.00
|
(4)
Nonresidential final site plan approval. 1/3 of the original
escrow fee paid at the time of preliminary plan application.
(5)
Any application involving more than one of the above categories
shall deposit cumulative amounts.
(6)
Use variance and density variance, $1,500.00.
(7)
Amended final site plan review, $500.00.
(8)
Bulk variances, $500.00 for each variance required.
(i)
The escrow amount for bulk variances shall not
exceed a maximum of $2,000.00 per lot. In the event bulk variances
are being sought on an undersized lot the escrow amount shall not
exceed a maximum of $1,500.00 per lot. The above $1,500.00 shall serve
as a cap for all escrows and professional fees exclusive of application
fees.
(9)
Informal review of conceptual plans, $500.00.
(10)
Requests for administrative approval of changes,
$250.00.
(11)
Requests for extensions of time to commence development,
or file subdivision maps, $500.00.
(d)
Procedural requirements.
(1)
An application to the Site Plan Committee or other Review Committee
shall deposit all escrow funds called for in the within Section before
the applicant's appearance before that Committee. An applicant appearing
initially before the Land Use Board shall deposit all escrow funds
called for in the within subsection before said appearance. No meeting
or hearing with the applicant shall be held by said Boards or Committees
until all escrow funds held by said Boards or Committees until all
escrow funds and required fees have been deposited in accordance with
this subsection. The escrow sums must be in the form of cash, certified
check or money order. All deposits of escrow funds shall be made to
the Borough Administrative Official.
(2)
Additional escrow funds may be required when the escrow has
been depleted to twenty (20%) percent of the original escrow amount
or five hundred ($500.00) dollars. The Borough shall notify the Board
when escrow funds have been so depleted. Professional and nonprofessionals
being paid from escrow funds shall notify the Board or other Review
Committees as to additional costs anticipated or incurred. The Board
or other review committee shall not take any further action on the
application until adequate additional fees have been deposited by
the applicant with the Borough. Adequate additional fees shall be
in an amount estimated to be required to complete all remaining professional
review, but shall not be in excess of the amount set forth to be originally
deposited.
(3)
Escrow deposits shall be placed in an interest bearing account
and the same shall be administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1
(4)
All disbursements to consulting professional and applicable
charges from Borough consulting professionals and applicable charges
from Borough employed professionals and nonprofessionals for services
involved in processing an application which requires the deposit of
escrow funds shall be charged against the escrow account.
(5)
All bills submitted by consulting professionals relative to
said application shall specify the services performed for the individual
application and the time expended relative thereto. The bill shall
also set forth the hourly billing amount which will be the amount
charged to the Borough pursuant to the consultant's contract.
(6)
The Borough shall provide the applicant with an accounting of
escrow funds within ninety (90) days after the Board has taken action
on the application.
(7)
All sums not actually expended shall be refunded to the applicant
within ninety (90) days after the Board has taken action.
(8)
No resolution approving any development application which is
subject hereto shall be passed by the Land Use Board until all fees
and escrow sums required hereunder have been paid in full.
(e)
Exemption of charitable organizations.
(1)
Upon the request of an applicant charitable, philanthropic,
fraternal or religious organization, the Borough Council may waive
the application fee payable to the Borough of Beachwood upon a showing
by the applicant of each of the following:
(2)
Any application that requests and is granted a waiver of the
application fee pursuant to this paragraph may be liable to the Borough
of Beachwood for the full amount of such fees plus interest at eighteen
(18%) percent per annum, if:
(i)
The applicant materially misrepresents itself as
a charitable, philanthropic, fraternal or religious organization before
the Land Use Board; or,
(ii)
The applicant ceases to be a charitable, philanthropic,
fraternal or religious organization after the granting of final approval
by the Land Use Board; or
(iii)
The development ceases to be in the exclusive
control of the applicant organization or similar organization after
the granting of final approval by the Land Use Board.
[Ord. #1/6/78, A VIII, § 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. #1/6/78, A VIII, § 9; Ord. #2002-19, § 1]
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 two (2) years from the date of entry of the judgment or determination
of the Board of Adjustment; except however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the Borough Council, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
[Ord. #1/6/78, A VIII, § 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 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 the subsection 47a of the Municipal Land
Use Law of 1975, Ch. 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 two-thirds (2/3)
of the full authorized membership of the Board.
e.
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 paragraph of this subsection 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. #1/6/78, A VIII, § 11]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 17-10.10 above, have power given by law to:
a.
Direct issuance of a permit pursuant to C. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
b.
Direct issuance of a permit pursuant to C. 40:55D-36 for a building
or structure not related to a street.
c.
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 Ch. 291 P.L. 1975 or conditional use approval pursuant to C. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 17-10.10, paragraph b of this chapter.
[Ord. #1/6/78, A VIII, § 12]
The Board of Adjustment shall render its decision not later
than one hundred twenty (120) days after the date: (1) an appeal is
taken from the decision of an administrative officer; or (2) the submission
of a complete application for development to the Board pursuant to
the provisions of C. 40:55D-72(b).
Failure of the Board to render a decision within such one hundred
twenty (120) day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
