The Municipal Land Use Law known as N.J.S.A. 40:55D-1 et seq.
has been promulgated into law; and
Said statute requires the adoption of this chapter to implement
certain changes in the Planning Board, Boards of Adjustment and the
ordinances affecting same.
The definitions set forth in this chapter shall be construed
and defined in accordance with the definitions set forth in N.J.S.A.
40:55D-3, 4, 5, 6 and 7 of the Municipal Land Use Law more particularly
described above.
[Ord. No. 2011-01]
Pursuant to N.J.S.A. 40:55d-23, et. seq. a Municipal Planning
Board or Land Use Board of nine members is hereby established consisting
of the following four classes:
Class I – The Mayor, or his designee in his absence, 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 Board of Commissioners appointed by the Mayor.
Class III – A member of the Board of Commissioners to
be appointed by majority of the same. However, the Class III member
shall not participate in 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 Borough
Office, except one member may be a member of the Board of Education.
The term of the member composing class one shall correspond
to his official tenure. The terms of the members composing classes
two and three respectively shall be for one year or terminate at the
completion of their respective terms of office, whichever occurs first.
The term of a class four 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 four members first
appointed under this act shall be so determined that to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the board of commissioners provided, however, that
the initial term of a class four member shall not 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 terms for which they were appointed.
Thereafter, all appointments to class four membership shall be for
a term of four years. The term of a class four member shall run from
January 1 of the year in which the appointment was made for a period
of four years.
If any vacancy in any class shall occur otherwise than by the
expiration of the term, it shall be filled by appointment for the
unexpired term in the same manner and by the same appointing authority
as the original appointment.
The planning board shall elect a chairman and vice-chairman
from the members of class four. The planning board shall also select
a secretary who may or may not be a member of the planning board or
a borough employee and fill such other offices as established by ordinance.
The planning board may employ or contract for and fix the compensation
of legal counsel, who shall be an attorney other than the borough
attorney, and such other experts and staff as it may deem necessary.
The board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the board of commissioners
for its use. The appointments of all staff members, including that
of the planning board attorney and planning board engineer, shall
be made at the organization meeting of the planning board and shall
continue for one year until the next organization meeting of the planning
board at which time the appointments shall expire.
The planning board is authorized to adopt bylaws governing its
procedural operation which shall be consistent with statute and other
ordinances of this borough. It shall also have the following powers
and duties:
a.
To prepare,
adopt and, from time to time, revise or amend a master plan, or component
parts thereof, for the physical development of the borough in accordance
with the provisions of N.J.S.A. 40:55D-28.
b.
To administer
the provisions of the Development Regulations of the Borough of Harvey
Cedars in accordance with the provisions of those regulations and
the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq. In the
event that any such regulation is inconsistent with the terms of any
portion of N.J.S.A. 40:55D-1 et seq., the regulation is hereby repealed
to the extent of such inconsistency but the remainder of the regulation
shall remain in full force and effect as if more fully set forth herein.
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 consider
and make reports to the board of commissioners within 35 days after
the referral to the planning board of any proposed development regulation
or revision or amendment thereto, pursuant to the provisions of N.J.S.A.
40:55D-26(a), and also to pass upon other matters specifically referred
to the planning board by the board of commissioners pursuant to the
provisions of N.J.S.A. 40:55D-26(b).
f.
When reviewing
applications for approval of subdivisions, plats, site plans or conditional
uses, to grant to the extent and subject to the same restrictions
as the zoning board of adjustment:
1.
Variances
pursuant to N.J.S.A. 40:55D-70(c) 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 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 reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction
pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for building
or structure not related to a street.
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Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be.
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g.
To perform
such other advisory duties as are assigned to it by ordinance or resolution
of the board of commissioners for the aid and assistance of the board
of commissioners other agencies or officers not inconsistent with
the purposes and intent of N.J.S.A. 40:55D-1 et seq. and such other
applicable general law.
a.
Minor
Subdivision. Minor subdivision approval 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. Approvals of a minor subdivision shall expire
190 days from the date of the planning board approval unless within
such period a plat in conformity with such approval and the provisions
of the “Map Filing Law,” N.J.S.A. 46:23-9.9 et seq., or
a deed clearly describing the approved minor subdivision is filed
by the developer with the county recording officer, the borough engineer
and the borough 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.
Whenever review or approval of the application by the county
planning board is required by other law, the planning board 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 of that statute.
b.
Preliminary
Approval of Major Subdivisions. The developer shall submit to the
administrative officer a plat and such other information as is required
in the land subdivision ordinance of this borough. If the application
for development is found to be incomplete, the developer shall be
notified thereof within 45 days of its submission of such application
or it shall be deemed to be properly submitted. If the planning board
requires any substantial amendment in the layout of improvements proposed
by the developer that have been subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The planning board shall, if the proposed
subdivision complies with the land subdivision ordinance and statute,
grant preliminary approval to the subdivision.
Upon the submission to the administrative officer 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 such submission
or within such further time as may be consented to by the developer.
Upon the 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 complete submission or
within such further time as may be consented to by the developer.
c.
Preliminary
Approval of Site Plans. The developer shall submit to the administrative
officer a site plan and such other information as is required in the
site plan ordinance of this borough. If the application for development
is found to be incomplete, the developer shall be notified thereof
within 45 days of its submission of such application or it shall be
deemed to be properly submitted. If the planning board requires any
substantial amendment in the layout of improvements proposed by the
developer that have been subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The planning board shall, if the proposed
development complies with the site plan ordinance and statute, grant
preliminary site plan approval.
Upon the submission to the administrative officer of a complete
application for a site plan of 10 acres of land or less, the planning
board shall grant or deny preliminary approval within 45 days of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a site
plan of more than 10 acres, the planning board shall grant or deny
preliminary approval within 95 days of the date of such complete submission
or within such further time as may be consented to by the developer.
d.
Final
Approval of Site Plans and Major Subdivisions. The planning board
shall grant final approval if the detailed drawings, specifications
and estimates of the application for final approval conform to the
standards established by ordinance for final approval, the conditions
of preliminary approval and, in the case of a major subdivision, the
standards prescribed by the “Map Filing Law,” N.J.S.A.
46:23-9.9 et seq. Application for final site plan or subdivision approval
shall be granted or denied within 45 days of submission of a complete
application or within 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 the signing of the plat.
Wherever review or approval of the application by the county
planning board is required by other law, the planning board 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 of that statute.
e.
Ancillary Powers. Whenever the planning board is called upon to exercise its ancillary powers for the granting of relief as set forth in Subsection 14-3.6f of this chapter, the planning board shall grant or deny approval of the application within 95 days after submission by the developer 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 in question and a certificate from the secretary of the planning board as to the failure of the planning board to act shall be issued on the request of the applicant.
Wherever review or approval of the application by the county
planning board is required by other law, the planning board 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 period of that statute.
[Ord. No. 2011-01]
There shall be four alternate members to the nine member Planning
Board known as Alternate Number “1”, Alternate Number
“2”, Alternate Number “3”, and Alternate Number
“4”. Alternate Members shall be appointed by the Mayor,
and shall serve for two years except the terms of Alternate Members
shall be such that the term of not more than two Alternate Members
shall expire in any one year and provided further that in no instance
shall the terms of the Alternate Members first appointed exceed two
years.
A vacancy occurring otherwise than by expiration of term shall
be filled by the Mayor for the unexpired term only.
Alternate Members may participate in discussion proceedings
unless they have a direct or indirect personal or financial in same,
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 the
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 number 1 shall vote, or in their absence, the lowest alternate
number shall vote.
The planning board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes
of this chapter.
[Ord. No. 2011-01]
From and after the effective date of the within Ordinance all powers, duties, responsibilities, fees and application requirements of the Zoning Board of Adjustment shall be transferred to or applied to the Planning Board or Land Use Board of the Borough of Harvey Cedars pursuant to the provisions of N.J.S.A. 40:55d-25c. All references in the within Chapter 14 of the Administrative Code and within the Administrative Code referring to the Zoning Board of Adjustment of the Borough of Harvey Cedars shall hereafter apply to the Planning Board or Land Use Board of the Borough.
[Ord. No. 2011-01]
[Ord. No. 2011-01]
[Ord. No. 2011-01]
The board of adjustment shall have the following powers:
a.
To hear
and decide by majority vote appeals where it is alleged by the appellant
that there is an error in any order, requirement, decision or refusal
made by an administrative officer based on or made in the enforcement
of the zoning ordinance;
b.
To hear
and decide by majority vote requests for an interpretation of the
zoning map or ordinance;
c.
To grant,
by majority vote, a variance from the strict application of the zoning
regulations of the borough 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 the zoning regulations would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon the developer of such property, except that no variance
shall be granted under this subsection to allow a structure or use
in a district restricted against such structure or use; and provide
further that if the proposed development requires subdivision, site
plan or conditional use approval by the planning board, the request
for a variance under these circumstances shall be acted on by the
planning board in conjunction with the subdivision, site plan or conditional
use application;
d.
To grant
a variance to allow a structure or use in the district restricted
against such structure or use in particular cases and for special
reasons, but only by an affirmative vote of at least two-thirds of
the full authorized membership of the board;
e.
To direct
the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainage way,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;
f.
To direct
the issuance of a permit for a building or structure not related to
a street pursuant to N.J.S.A. 40:55D-36.
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Whenever an applicant shall request a variance to allow a structure or use in a district restricted against such structure or use pursuant to Subsection 14-4.5d of this chapter, the board of adjustment shall have the power to grant subdivision, site plan or conditional use approval in conjunction with its action on the use variance and may impose restrictions on the subdivision, site plan or conditional use application in the same manner as the planning board.
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No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
An application under this section may be referred to any appropriate
person or agency, including the planning board for its report; provided
that such reference shall not extend the period of time within which
the zoning board of adjustment shall act.
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[Ord. No. 2003-12]
Any variance from the terms of this chapter granted by the zoning
board of adjustment or planning board shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by the variance or unless such
permitted use has actually been commenced within 12 months from the
date of entry of the determination of the board of adjustment or 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 board of adjustment to the board of commissioners
or to a court of competent jurisdiction until the termination in any
manner of such appeal or proceeding.
a.
Appeals
to the board of adjustment may be taken by any interested party affected
by any decision of an administrative officer of the borough based
on or made in the enforcement of the zoning ordinance or official
map. Such appeal shall be taken within 65 days by filing a notice
of appeal with the officer from whom the appeal is taken specifying
the grounds of such appeal. The officer from whom the appeal is taken
shall immediately transmit to the board all the papers constituting
the record upon which the action appealed from was taken.
b.
The board
of adjustment may reverse or affirm, wholly or in part, or may modify
the action, order, requirement, decision, interpretation or determination
appealed from and to that end have all the powers of the administrative
officer from whom the appeal is taken.
c.
An appeal
to the board of adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the officer from whose action 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 other than by an order
of the Superior Court upon notice to the officer from whom the appeal
is taken and on due cause shown.
d.
A developer
may file an application for development with the board of adjustment
for action under any of its powers without prior application to an
administrative officer.
e.
Time for
Decision. The board of adjustment shall render a decision not later
than 120 days after the date (1) an appeal is taken from the decision
of an administrative officer or (2) not later than 120 days after
the submission of a complete application for development to the board
of adjustment. 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.
Whenever an application for development shall request a variance
pursuant to Subsection 14-5.4d of this chapter, the board of adjustment
shall grant or deny approval of the application within 120 days after
submission by a developer of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant.
[Ord. No. 2011-05]
At the time of filing an application for a variance with the
land use board, the applicant shall pay the following nonrefundable
fee to the Borough of Harvey Cedars:
a.
Per variance
and per appeal pursuant to NJSA 40:55D-70 (a) (b) (c) $500.
b.
Variances
pursuant to NJSA 40:55D-70(d) $400
c.
In addition
to the above-mentioned fees, the applicant shall further guarantee
to reimburse the land use board for any and all expert expenses, engineering
services, legal review or other expenses needed to evaluate the application.
The applicant shall pay a fee to the Borough of Harvey Cedars at the
time of the filing of an application which shall be refundable, in
whole or in part, if said expert expenses do not equal the deposit.
d.
If the
necessity arises for an additional meeting to conclude or continue
the hearing of an application, then and in that event, the applicant
shall pay an additional fee of $300, which fee may be waived or adjusted
by the land use board.
[Ord. No. 2005-05; Ord. No. 2011-01]
An applicant for a zoning variance (whose application is accompanied
by a minor subdivision application and/or site plan application) shall
pay the following nonrefundable fee to the Borough of Harvey Cedars:
a.
Applications
for minor subdivisions (including consolidation and resubdivision)
$400.
c.
Minor
site plan $300.
d.
Major
site plan - $80 per lot, minimum of $500.
e.
In addition
to the above-mentioned fees, the applicant shall further guarantee
to reimburse the zoning board of adjustment for any and all expert
expenses, engineering services, or other expenses needed to evaluate
the application.
All uses not expressly permitted by the development regulations
of this borough are hereby expressly prohibited.
Any application and all supporting documents for a variance
to allow a structure or use in a district restricted against such
structure or use pursuant to Subsection 14-5.4d of this chapter shall
be filed in triplicate with the appropriate official of the zoning
board of adjustment. One copy shall be forwarded to the planning board
by said official, together with a notice of the hearing date. The
planning board shall review the material and may make recommendations
to the board of adjustment at the public hearing on the application.
The planning board’s recommendation may contain, among other
things, the planning board’s opinion as to the compatibility
of the proposal with the master plan; applications which may have
been or are currently being processed by the planning board for similar
uses elsewhere in the borough; land use, traffic and other data relevant
to the application which the planning board has in its files; and
what conditions, if any, the planning board would recommend to improve
the compatibility of the proposal with the master plan and zoning
ordinance should the board of adjustment decide to grant the variance.
Where a street or public way serves as the zoning district line
and it is lawfully vacated, the former center line shall be considered
the zoning district line.
No member of the planning board or zoning board of adjustment
shall act on any manner 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 may
he participate in any discussion or decision relating thereto.
a.
Regular
meetings of the planning board and zoning board of adjustment shall
be scheduled no less than once a month and any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process. Further, all meetings shall conform with
the Open Public Meeting Act of the State of New Jersey, N.J.S.A. 10:4-6
et seq.
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 regular
meetings and all special meetings shall be open to the public except
as authorized as by the provisions of the Open Public Meeting Act,
N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting of the planning
board and zoning board of adjustment shall be kept and shall include
the names of the persons appearing and addressing the boards and of
the persons appearing by attorney, the action taken by the board,
the findings, if any, made by it and reasons therefore.
A verbatim transcript or recording shall be made of all hearings
before the planning board or the zoning board of adjustment.
The minutes and transcripts of all proceedings shall thereafter
be made available for public inspection during the normal business
hours at the office of the planning board or the zoning board of adjustment,
as the case may be. 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 or her
use as provided for in the rules of the board concerning same.
Fees for applications or for the rendering of any service by
the planning board or zoning board or adjustment or of any special
service rendered by the administrative staff may be provided for by
ordinance. Copies of the ordinance shall be available to the public
upon request.
The planning board and zoning board of adjustment shall make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter or any amendments thereto.
The presiding official at the hearing shall have the 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 N.J.S.A. 2A:67A-1
et seq., shall apply.
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.
In accordance with law, no corporation shall appear before either
the planning board or the zoning board of adjustment without being
represented by an attorney authorized to practice law in the State
of New Jersey.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 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 borough at least 10 days prior to the date of the hearing.
b.
Notice
shall be given to the owners of all real property as shown on the
current tax duplicate or duplicates located within 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 shall not be 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, its
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 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 the municipality
which notice shall be in addition to the notice required to be given
to the owners of lands in the 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 county road shown
on the official county map or on the county master plan, adjoining
other county land or situated within 200 feet of a municipal boundary
or where the construction of a bridge is contemplated.
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
a property adjacent to a State highway or where drainage waters shall
be deposited onto 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. This notice
shall include a copy of any maps or documents required to be on file
with the borough clerk pursuant to this chapter or under the terms
of statute.
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 attorney for 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.A.
40:55D-14.
i.
Form
of Notice. All notices required to be given pursuant to the terms
of this chapter shall state the date; time and place of the hearing;
the nature of the matters to be considered; the identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the borough tax assessor’s office; and the location
and times at which any maps and documents for which approval is sought
are available for public inspection as required by N.J.S.A. 40:55D-10(b).
The planning board and zoning board of adjustment may prepare forms
and require applicants to utilize the forms in accordance with the
terms of this section.
j.
List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the tax assessor of the borough shall, within seven days after receipt of request therefore and upon receipt of a payment of a fee of $10, 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 14-5.14b of this chapter.
Decisions of the planning and zoning board of adjustment 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 in accordance with the terms of this chapter
and appropriate statutory and case law.
a.
A copy
of a certified resolution which shall include the decision of the
board shall be mailed by the board within 10 days of the date of the
decision to the applicant or if represented by an attorney, then to
his attorney without separate charge. A copy of the decision shall
be mailed to all persons who have requested it and 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 the fee for the reproduction of said copy as set forth in the general
fee schedule of the borough concerning this service.
A brief notice of every final decision shall be published in
the official newspaper of the borough. Such publication shall be arranged
by the secretary of the planning board or the 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.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the planning board
or zoning board of adjustment shall be accompanied by a certification
from the tax collector of the borough that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application. If taxes are due or in the alternative,
if no certification is presented, the planning board or zoning board
of adjustment shall not consider the application for processing and
the application shall not be deemed to be complete.
a.
Pursuant
to the provisions of N.J.S.A. 40:55D-22, an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, public subdivision or court of
competent jurisdiction, shall be processed in accordance with N.J.S.A.
40:55D-1 et seq. and this chapter, and, if such application for development
complies with the development regulations of this borough, the zoning
board of adjustment or planning board shall approve such application
conditioned on removal of such legal barrier to development. In that
event, the requirement that construction actually commence on the
project nine months subsequent to the final approval by the borough
agency would be tolled subject to the removal of such legal barrier
to development.
b.
In the
event the development proposed by an application for development requires
approval by a governmental agency other than the borough planning
board or the zoning board of adjustment, the boards shall, in appropriate
instances, condition their approval upon the subsequent approval of
the governmental agency; provided that the borough boards shall make
their decision on any application for development within the time
periods provided in this chapter or within an extension of such period
as has been agreed upon the applicant and the borough board. However,
the borough planning board or board of adjustment shall have the right
to withhold signature on the final plat or map to be filed until such
time as all other governmental agencies have approved the application.
Whenever a term used in this chapter is defined in N.J.S.A.
40:55D-1 et seq., the term is intended to have the meaning set forth
in the definition of such term in that statute unless a contrary intention
is clearly and explicitly expressed from the context of this chapter.
All sections of the land subdivision ordinance, zoning ordinance,
site plan ordinance or any other ordinance of the borough which contains
provisions clearly contrary to the provisions of this chapter shall
be and hereby are repealed to the extent of any such inconsistency.
The substantive provisions of the existing land subdivision
ordinance, zoning ordinance and site plan ordinance of the borough
shall continue in full force and effect for a period of one year unless
extended by further amendments to this chapter for a longer period
as permitted by law. The purpose of this interim provision is to provide
a reasonable period of time for the adoption of a new or substantially
revised master plan and a new or substantially revised series of development
regulations.
All applications for development filed prior to the effective
date of this chapter may be continued in accordance with pre-existing
ordinances, but any appeals arising out of decisions made on any such
application shall be governed by the provisions of this chapter.
This chapter shall be known and may be cited as the “Land
Use Procedure Ordinance of the Borough of Harvey Cedars.”
This chapter shall take effect upon its adoption and publication
as provided by law but shall be effective no later than February 1,
1977.
Immediately upon the adoption of this chapter, the borough clerk
shall file a copy of same with the county planning board as required
by law. The clerk shall also file with the county planning board copies
of all other ordinances of the borough relating to land use, including
but not limited to the subdivision ordinances, zoning ordinance and
site plan review ordinance and any revision or amendment thereto.
If any article, section or paragraph, clause or provision of
this chapter shall be adjudged invalid by a court of competent jurisdiction,
such adjudication shall apply only to that article, section, paragraph,
clause or provision so adjudged and the remainder of this chapter
shall be deemed valid and effective.
