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.
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 canceled for lack of applications for development to process.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.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 of the Laws of New Jersey 1975 (N.J.S.A. 10:4-6 et seq.). 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.
F. 
No application for development shall be certified as complete nor shall any hearing be conducted when the property which is the subject matter of the application is in violation of any ordinance or land regulation pertaining thereto. In such circumstance the Planning Board or Board of Adjustment may require that the violation be remediated in whole or in part before the application can be certified as complete or a hearing scheduled. In reaching said decision, the Boards may consider the hardships involved, the nature of the violation, its duration and cause, together with such other matters as fall within the power and responsibilities granted to the Board by statute.
[Added 3-23-2004 by Ord. No. 283-HH-04]
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; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[Last amended 3-22-2005 by Ord. No. 283-NN-05]
A. 
The following fees shall be payable in connection with the following categories. Wherever or any type of category there is listed an administrative fee, said fee shall be nonrefundable and shall be used solely for the purpose of processing said application or review. It shall include all work done in connection with said application or review other than those fees charged for professional reviews. The escrow fee charged for application and reviews shall be used exclusively for professional reviews by the engineers/planners and/or attorneys employed by the municipality or any of its boards and agencies. Said escrow fee shall be so segregated for each applicant so that the fee that it pays shall be utilized only for the particular application. In the event any of the escrow remains unused at the conclusion of the application, said amount that is not utilized shall be returned to the applicant. If the escrow fee charged is insufficient so as to cover the professional fees applicable to that particular applicant, then that applicant shall be required to pay all deficiencies within his individual account.
[Amended 5-26-2009 by Ord. No. 33-09; 5-7-2013 by Ord. No. 16-13; 12-6-2016 by Ord. No. 20-16; 1-30-2018 by Ord. No. 3-18]
Category
Application Fees
Escrow Fees
Variances
Appeals (N.J.S.A. 40:45D-70a)
$100
$200
Special questions or interpretations (N.J.S.A. 40:55D-70b)
$100
$200
Hardship (N.J.S.A. 40:55D-70c):
Residential
$250
$2,000
Commercial
$750
$2,000
Unless the hardship variance sought is for a swimming pool, deck, shed, fence or an open porch of 200 square feet or less, which fee shall be:
$200
Unless the hardship variance sought is for exceeding height limitation as referenced in § 245-330, which fee shall be:
$350
Use of structure (N.J.S.A. 40:55D-70d):
Residential (single lot)
$200
$1,500
Residential (more than one lot)
$500
$1,500
Commercial
$500
$1,500
Conditionally exempt site plan
$300
$500
Construction permit in bed of mapped street or drainage right-of-way or lacking street frontage (N.J.S.A. 40:55D-34 or 40:55D-35)
$200
$300
Informal/conceptual plan
$300
Conditional use
$500
$500
Clearing or soil removal/fill
$200
$300
Minor subdivision
$750
$750
Major subdivision, preliminary
$750 + $25 per lot
$2,500 + $50 per lot
Major subdivision, final
$750
$1,500 + $50 per lot
Cluster zone development
Preliminary approval
Same fees as preliminary subdivision approval
Final approval
Same fee as final
Minor site plan
$750
$1,000
Major site plan
Preliminary approval
$1,500
$2,500
Final approval
$750
$1,500
Application for site plan exemption
$300
Preapplication review for subdivision or site plan
$100
$500
Application for an extension of subdivision or site plan approval
$500
$500
Abridge site plan
$300
$300
Amended site plan
50% of full fee
50% of full fee
Amended subdivision
50% of full fee
50% of full fee
Zoning permit application
Accessory use/structure
$50
Principal use/structure/addition
$75
Plot plan review application
$50
Engineering inspection
$150
Reinspection
$50
Map filing
$100
Subdivision exemption application
$10
Firesafety review
Fees and escrow as established by § 191-6B
Special meeting requested by the applicant
$2,000 for a maximum of one three-hour hearing before the respective Boards
Rezone application
$250
$500
Grading and clearing permit
$100
Tree removal
$100/acre
Grading
$100
Retaining wall
$150
Bulkheads/docks/piers
$150
Soil removal/fill
$300
$0.35/CY ($500 minimum)
B. 
When it has been determined that an escrow account has been depleted by 2/3 of the original fee, it shall be replenished by an additional 1/3 of the original escrow fee.
C. 
Additional/nonrefundable fees. Where an application for land use development to either Board requires more than two professional reviews by Board's staff or consultants and/or more than two caucus meetings, if applicable, and/or more than two public hearings, subsequent to the initial filing or such application and prior to a final determination on such application, the applicant shall be required to pay an additional application fee in the amount representing 25% of the base application fee, as submitted under Subsection A above for each required additional procedure.
D. 
Compliance review. It shall be a condition of final site plan or subdivision approval that the applicant shall post an additional fee equal to 25% of the base fee as submitted under Subsection A above for each requested review of an application for compliance with the terms of the resolution granting such final approval. If, at the time of resolution compliance, the Board Secretary determines that funds exist in the applicant's posted escrow account greater than or equal to 25% of the base escrow fee then no additional escrow fee then no additional escrow funds will be required of the applicant for resolution compliance reviews by the Board's professionals.
E. 
Where a rezone application has been preliminarily approved the following additional fees shall be payable by the applicant prior to action by the Township Council:
(1) 
The sum of $160 towards the preparation of the ordinance to be enacted by the Township Council in connection with the proposed rezoning.
(2) 
A sum equal to $75 toward the publication of the ordinance.
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 N.J.S.A. 40:55D-1 et seq. or 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. 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. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof, on request, to any interested party at his expense.
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 applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on 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. Notice shall also be given to any public utility, cable television company or local utility included on the certified list provided to the applicant pursuant to § 250-32 by either serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on the form.
[Amended 7-14-1992 by Ord. No. 283-K-92]
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 Subsection B of this section 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.
[Amended 3-14-1989 by Ord. No. 666-89; 7-14-1992 by Ord. No. 283-K-92]
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-12, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, 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 § 250-31B of this article.
B. 
The Tax Assessor shall also include on the list the names and addresses and positions of owners who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice as a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality in accordance with the provisions of N.J.S.A. 40:55D-12.
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 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. 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. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 7-14-1992 by Ord. No. 283-L-92]
A. 
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 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 said 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.
B. 
In the event that the applicant is a homeowners' association or condominium association designated by a master deed or other recorded documents in the Ocean County Clerk's office as the entity responsible to maintain and control property common to all residents of the association, then the association shall be permitted to file an application for development before either the Planning Board or the Zoning Board of Adjustment pertaining to the development of property owned by the association, provided that it can prove that at least 90% of the homeowners who comprise the association do not owe taxes or assessments for local improvements.
[Added 3-14-1989 by Ord. No. 666-89]
Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Planning Board or the Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.