No member of the Planning Board shall act on
any matter in which he/she has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself/herself
from acting on a particular matter, he/she shall not continue to sit
with the Board on the hearing of such matter nor participate in any
discussion or decision relating thereto.
A.
Meetings of the Planning Board shall be scheduled
no less often than once a month, and any meeting so scheduled shall
be held as scheduled unless canceled for lack of applications for
development to process.
B.
Special meetings may be provided for at the call of
the Chair or on the request of any two Board members, which meetings
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by majority vote of a quorum
except as otherwise required by any provision of N.J.S.A. 40:55D-1
et seq.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Chapter 231, Laws of New Jersey 1975.[1] 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
N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his/her use
as provided for in the rules of the Board.
A.
The applicant shall, at the time of the filing of
an application for a development, subdivision approval, variances,
site plans, and any other application which may be made to the Planning
Board, pay a nonrefundable application fee, set forth in this section,
to the Borough of Lavallette. The application fees shall be concurrent
with the filing of said application and are as follows:
[Amended 5-22-2006 by Ord. No. 2006-12 (1000); 12-20-2010 by Ord. No. 2010-18 (1090)]
(1)
Application to hear and decide appeals (N.J.S.A. 40:55D-70a): $300.
(2)
Application for interpretation, etc. (N.J.S.A. 40:55D-70b): $300.
(3)
Application for bulk variance (N.J.S.A. 40:55D-70c): $300. A separate application fee will be charged for each section of Chapter 90, Zoning, from which the applicant seeks a variance; $50 per variance.
(5)
Variance time extension (whether pursuant to N.J.S.A. 40:55D-70c
or 40:55D-70d): $100. The fee shall be for all variances for which
previous approvals were granted and shall be in addition to any other
fees for time extensions.
(6)
Minor subdivision: $500.
(7)
Preliminary major subdivisions: $500 per lot.
(8)
Final major subdivisions: $500 per lot.
(9)
Conditional use: $300.
(10)
Certificate of nonconformance or subdivision: $100.
(11)
Special meeting held on a nonscheduled meeting night requested by
and/or charged to applicant: $1,500.
(12)
Preliminary discussion (minor and major site plan review): $250.
(13)
Minor site plan: $350.
(15)
Revised or amended minor, preliminary major and/or final major site
plan: 50% of original fee.
(16)
Variance
from exhibition or display and sale of merchandise and outdoor seating:
$75.
[Added 12-19-2011 by Ord. No. 2011-07 (1097)]
B.
Where, in conjunction with an application to the Planning
Board, a fee is specified in this chapter for a type of relief sought
by the Board, and where the applicant seeks more than one type of
relief, all fees shall be cumulative, unless elsewhere specifically
set forth in this chapter, and additional fees and deposits shall
be required for each variance or other type of relief sought by the
applicant.
C.
Escrow deposits.
(1)
The applicant shall, in addition to the application fees set forth herein, at the time of filing of an application, post escrow deposits to cover the expenses in conjunction with the review of the application by its professionals, including but not limited to engineering reviews and counsel fees. These escrow deposits are intended to cover all costs associated with the review and approval process. The Chief Financial Officer of the Borough shall make all of the payments to professionals for services rendered to the Borough for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of the nature beyond the scope of the expertise of the professional normally utilized by the Borough. Actual out-of-pocket expenses of any such professionals or consultants, including normal and particular expenses incurred in processing applications and inspecting improvements, may be included in the professional charges. Escrow charges shall not apply to applications for variances pursuant to §§ 50-5 and 50-8.1.
[Amended 12-19-2011 by Ord. No. 2011-07 (1097)]
(2)
Escrow deposits shall be in the form of cash, certified
check, or money order, and each applicant shall agree in writing to
post additional funds when the required initial escrow has been depleted
to 20% of the original amount. The Chief Financial Officer shall notify
the applicant and the Planning Board when escrow funds have been so
depleted. The additional escrow amount to be posted with the Borough
shall be based on estimated costs for additional professional services
required for the processing of the particular application. For work
to continue on the application, the applicant shall post a deposit
to the escrow account in an amount agreed upon by the Planning Board
and the applicant, within two weeks of notice by the Chief Financial
Officer.
(3)
Escrow deposits shall be administered by the Chief
Financial Officer of the Borough of Lavallette in accordance with
the requirements of Municipal Land Use Law.
(4)
Funds to be disbursed from the escrow account shall
be disbursed by the Chief Financial Officer of the Borough of Lavallette
upon receipt of vouchers from Planning Board professionals. Contemporaneously
with said vouchers being submitted to the Chief Financial Officer
by a Planning Board professional seeking payment from an escrow deposit,
a copy of that voucher, together with an itemized statement of the
services rendered in accordance with the requirements of the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., shall be directed to the
applicant or the applicant's attorney, if the applicant so directs
at the time of the application.
(5)
If the Borough retains a different professional or
consultant in the place of a professional originally responsible for
development application review, or inspection of improvements, the
Borough shall be responsible for all time and expenses of the new
professional to become familiar with the application of the project,
and the Borough shall not bill the applicant or charge to the deposit
or the escrow account for any such services in accordance with N.J.S.A.
40:55D-53.2f.
(6)
No zoning permit, building permits, certificates of
occupancy or any other types of permits may be issued with respect
to any approved application for development, until all bills for reimbursable
services have been received by the Borough from professional personnel
rendering services in connection with such application and payment
has been made.
(7)
The disposition of required deposits and refunds shall
be governed by the Municipal Land Use Law, particularly N.J.S.A. 40:55D-53.1.
(8)
The Planning Board shall annually adopt a fee schedule
for each professional rendering services payable through the escrow
accounts, and such rates shall be the same as those rates charged
to the Borough for other work by the professionals.
D.
Escrow amounts. The initial escrow amounts shall be
as follows:
[Amended 2-14-2005 by Ord. No. 2005-02 (966); 5-22-2006 by Ord. No. 2006-12
(1000); 12-20-2010 by Ord. No. 2010-18 (1090)]
(1)
Variances
pursuant to N.J.S.A. 40:55D-70c or d: $2,000.
(2)
Minor
subdivision or resubdivision: $600 per lot.
(3)
Preliminary
major subdivision: $500 per lot.
(4)
Final
major subdivision: $350 per lot.
(5)
Revisions
to preliminary or final subdivision: $300 per lot.
(6)
Conditional
use: $1,250.
(7)
Time
extensions (subdivisions or variances): $150 per lot.
(8)
Appeal
of application for interpretation pursuant to N.J.S.A. 40:55D-70a
or b: $500.
(9)
Minor
site plan: $750.
(10)
Preliminary
major site plan: $1,000, plus $100 per dwelling unit in the case of
multiple-family units and/or $0.10 per gross square footage of building
area in the case of nonresidential buildings.
(11)
Final
major site plan: $500, plus $50 per dwelling unit in the case of multiple-family
units and/or $0.05 per gross square footage of building area in the
case of nonresidential buildings.
A.
Rules. The Planning Board may make rules governing
the conduct of hearings before such body, which rules shall not be
inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of
this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he/she 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. 38 (N.J.S.A. 2A:67A-1 et seq.),
shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his/her
expense.
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 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
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 the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on the said current
tax duplicate or his/her agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his/her
address as shown on the said current tax duplicate. 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 applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 37-18B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
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 complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
J.
Public notice of a hearing is required for all categories
of development specified by N.J.S.A. 40:55D-12(a). Public notice of
a hearing is also required for all categories of site plan review;
for appeals of determinations of administrative officers pursuant
to N.J.S.A. 40:55D-70(a); and for requests for interpretation pursuant
to N.J.S.A. 40:55D-70(b).
[Added 10-11-2005 by Ord. No. 2005-20 (984)]
Pursuant to the provisions of N.J.S.A. 40:55D-12, the Borough Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article II, § 37-18B, of this chapter.
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/her 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 Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. The publication
shall be arranged by the applicant, and a 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 N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board shall be accompanied by proof that no taxes
or assessments for local improvements are due or delinquent on the
property which is the subject of such application; or, if it is shown
that taxes or assessments are delinquent on said property, any approvals
or other relief granted by the Board shall be conditioned upon either
the prompt payment of such taxes or assessments or the making of adequate
provision for the payment thereof in such manner that the municipality
will be adequately protected.
