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.
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 use as provided
for in the rules of the Board.
[Amended 3-8-1977; 1-22-1985; 12-30-1988; 6-27-1989; 2-13-1990; Ord. No. 1999-14; 2-14-2006 by Ord. No. 2006-5]
A. Fees. The application fee for sketch plans and major
and minor subdivisions and major and minor site plan applications
for hearings before the Planning Board and Zoning Board of Adjustment
shall be as follows. Application fee and escrow funds shall be used
to reimburse professional fees, including meeting time, and additional
administrative costs over and above attendance at meetings and routine
administrative and office expense.
(1) Application fee. Each applicant for development within
the Borough shall be responsible for the payment of a nonrefundable
application fee as particularly set forth in the within subsection
and incorporated herewith.
(2) Escrow fees. In additional to the payment of the nonrefundable
application fee, each application must be accompanied by deposit of
escrow funds to reimburse the Borough for the direct cost of professional
services, including but not limited to engineering, planning, legal
and other expenses incurred during the review of and the hearings
on the within application.
[Amended 12-11-2007 by Ord. No. 2007-14]
(3) Schedule of application and escrow fees.
[Added 12-11-2007 by Ord. No. 2007-14]
|
Classification
|
Application Fee
|
Escrow Fee
|
---|
|
Initial consultation and concept plan review
|
None
|
$500
|
|
Initial fee escrow and completeness determination
|
None
|
$500
|
|
Informal sketch subdivision plat or sketch site
plan
|
$200
|
$500
|
|
Minor subdivision application
|
$750
|
$1,500
|
|
Plus Tax Map revision
|
|
$500
|
|
Minor Site Plan Application
|
$750
|
$1,500
|
|
|
|
|
|
Preliminary Major Subdivision Application
|
$1,000
|
$2,500
|
|
Final major subdivision application
|
$400
|
$1,500
|
|
Plus Tax Map revision
|
|
$200 per lot
|
|
Preliminary major site plan application
|
$1,000
|
$2,500
|
|
Final major site plan application
|
$400
|
$1,500
|
|
Plus Tax Map revision for condominiums
|
|
$200 per unit
|
|
Amended plan approval applications
|
1/2 original application fee
|
$500
|
|
Conditional use application
|
$400
|
$750
|
|
Bulk (c) variance application
|
$125 each variance
|
$750
|
|
Use (d) variance application
|
$500
|
$1,500
|
|
Completeness waiver request
|
$100/each
|
$500
|
|
Extension of time application
|
$200
|
$500
|
|
Appeals and requests for interpretation
|
$200
|
$500
|
|
Copies of transcripts and tapes
|
-
|
$200
|
|
Decisions and resolutions
|
-
|
$200
|
|
Resolution compliance review
|
None
|
$750
|
|
Zoning permit requests
|
$35
|
-
|
|
List of property owners
|
$10
|
-
|
|
Publication of final decisions
|
$35
|
-
|
B. Additional fee for special meetings. Every applicant
who requests and obtains a special meeting in connection with any
application for development or appeal shall pay to the Borough of
Bradley Beach an additional fee of $750 and post an additional escrow
as required and determined by the administrative officer of the Board
upon consultation with Board professionals.
C. Professional review fees. Every applicant shall be
responsible for paying all costs and fees charged by the Board Engineer
for reviewing any plats, plans and other documents submitted in connection
with any application and the costs of the Board Attorney for the preparation
of any resolutions, work on said applications, research and attendance
at the Board meetings. Upon receipt of an application, the administrative
officer shall contact the Board Engineer and obtain an estimate of
the Engineer's costs and fees for reviewing the application and supporting
documents. The administrative officer shall immediately notify the
applicant of the estimate, and the applicant shall deposit the amount
of the estimate with the administrative officer, provided that the
estimate exceeds the amount set forth in this section. The administrative
officer shall pay out of the moneys so deposited all bills submitted
by the Board Engineer and Board Attorney in connection with the application.
In the event the deposit exceeds the professional bills, the excess
shall be returned to the applicant within 60 days after final action
on the within application. In the event the professional bills exceed
the deposit, the administrative officer shall immediately notify the
applicant, who shall immediately deposit an additional sum sufficient
to satisfy the excess.
D. Engineering resolution compliance fee (post approval).
Upon approval of an application by the appropriate Board, the Board
Engineer shall, prior to signing of the plans by the Chairman and
Secretary and prior to issuance of any building permits, review the
application as approved and any revised plans and supplemental documents
submitted by the applicant to verify that all conditions of approval
have been met. Upon completion of all improvements and prior to issuance
of a certificate of occupancy, the Board Engineer shall conduct a
final inspection to verify all improvements have been constructed
in compliance with the approved plans and that all conditions of approval
have been met. After memorializing of the resolution of approval,
the applicant shall deposit the sum of $750 with the administrative
officer in escrow to cover the Engineer's costs and fees necessary
for resolution compliance review and approval. In the event the deposit
exceeds the Engineer's bills, the excess shall be returned to the
applicant within 60 days of compliance approval by the engineer. In
the event the Engineer's bills exceed the deposit, the administrative
officer shall immediately notify the applicant, who shall deposit
an additional sum sufficient to cover the excess.
[Amended 12-11-2007 by Ord. No. 2007-14]
E. Additional review fees. Any additional fees incurred
by the Board Engineer or Board Attorney relative to review of any
documents, post approval, including but not limited to amendments
to site plan, meetings before the Planning Board, review of any documents
from the Monmouth County Planning Board or any additional municipal,
county, state or federal agency, shall be billed to the applicant.
The administrative officer shall pay out of the money so deposited
all bills submitted by the Board Engineer or Board Attorney in connection
with any subsequent review.
F. Every applicant for development shall be responsible
for paying all costs and fees incurred by the professional consultants
retained by or on behalf of the Borough and/or its boards, commissions
or agencies in reviewing, testifying and/or assisting the Borough
in processing applications and/or assisting the Borough in the evaluation,
planning and proper design of municipal services and facilities necessary
to accommodate the present or anticipated needs of the proposed development.
G. Upon the request of the applicant, in writing, the
appropriate administrative officer of the respective Board shall provide
the applicant with a detailed list of all charges and disbursements
made from the applicant's escrow account.
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:
(1) Serving a copy thereof on the owner as shown on the
said 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 said current tax duplicate. A
return receipt is not required.
(3) 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 Subsection
B 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 Section 6b of c.
291, P.L. 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 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal 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 §
60-31B.
[Amended 9-26-1985]
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, with charges for same to
be paid by 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 N.J.S.A. 40:55D-65, every application for the development submitted
to the Planning Board or to the Zoning Board of Adjustment shall be
accompanied by proof that so taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
applications; or, if it is shown that taxes or assessments are delinquent
on said property, any approval 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.