[Amended 4-17-1989; 12-15-1998 by Ord. No.
94-98; 3-2-2010 by Ord. No. 1-2010]
A.
Establishment. There is hereby established, pursuant to Chapter 219,
P.L. 1975 (N.J.S.A. 40:55D-23 et seq.), in the Borough of Sea Bright,
a Municipal Planning Board of nine members, consisting of the following
four classes:
(1)
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor.
(2)
Class II: One of the officials of the municipality other than a member
of the governing body to be appointed by the Mayor.
(3)
Class III: A member of the governing body to be appointed by the
Borough Council.
(4)
Class IV: Six citizens of the Borough to be appointed by the Mayor.
B.
Pursuant to N.J.S.A. 40:55D-25c and being that the Borough of Sea
Bright is a municipality having a population of 2,500 or less, the
nine-member Planning Board shall exercise, to the same extent and
subject to the same restrictions, all the powers of a Board of Adjustment;
but the Class I and Class III members shall not participate in the
consideration of applications for development which involve relief
pursuant of Subsection D of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70).
C.
Alternate members.
(1)
The Mayor may appoint four alternate members who shall meet the qualifications
of Class IV members of the nine-member Planning Board. Alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4."
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 two alternates 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 than
by expiration of term shall be filled by the appointing authority
for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which
the member 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.
(3)
Alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member of any class, except that an alternate member may not vote
in the place of a Class I or Class III member if that member is disqualified
due to the application involving relief pursuant to Subsection D of
Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). A vote shall
not be delayed in order that a 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, alternates shall vote in the order
of their number.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The members of Class IV shall hold no other
municipal office, except that one member may be a member of the Board
of Education.[1]
A.
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.
[Amended 12-15-1998 by Ord. No. 94-98]
B.
The term of a Class IV member who is also a member
of 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.
[Amended 12-15-1998 by Ord. No. 94-98]
C.
The terms of all Class IV members first appointed
pursuant to this chapter 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 governing body; 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 terms for which they were appointed. Thereafter, all Class
IV members shall be appointed for terms of four years, except as otherwise
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
If a vacancy in any class shall occur otherwise
than by expiration of the term, it shall be filled by appointment
as above provided for the unexpired term.
The Planning Board shall elect a Chairperson
and Vice Chairperson both from the members of Class IV and select
a Secretary who may either be a member of the Planning Board or a
municipal employee designated by the Board.[1]
[1]
Editor's Note: Original § 16.3.2,
Zoning Board of Adjustment, which immediately followed this section,
was repealed 4-17-1989.
[Amended 4-17-1989]
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.
When any hearing before the Board shall carry
over two or more meetings, a member of the Board who was absent for
one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his absence
from one or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
Whenever the performance of his official duties
shall require any member of the Board to deliberate, vote or act upon
any matter involving his financial or personal interest, either directly
or indirectly, he shall publicly disqualify himself from participating
in the deliberations, absenting himself from the physical location
of such deliberations as well as from voting hereon, and he shall
not participate in any discussion or decision relating thereto.
[Amended 12-15-1998 by Ord. No. 94-98]
A condition for any approval by the Planning
Board shall be the certification by the Tax Collector that no taxes
or assessments for local improvements are due or delinquent on the
property for which the application is made.
A.
Regular meetings of the Planning Board shall be scheduled
not less than once each month and shall be held as scheduled unless
canceled for lack of applications for development to process. The
Planning Board may provide, in its rules and regulations, for special
meetings, at the call of the Chairperson or on the request of any
two of its members, which shall be held on notice to its members and
the public in accordance with the notice provisions of state and municipal
regulations.
[Amended 4-17-1989; 12-15-1998 by Ord. No. 94-98]
B.
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by a majority vote
of a quorum unless the specific action being taken required a vote
of a different proportion.
C.
All regular meetings and all special meetings shall
be open to the public. Notice of such meetings shall be given in accordance
with the Open Public Meetings Act, Chapter 231 of the Laws of 1975.[1] All meetings and business conducted by the and before
the Planning Board shall be in accordance with the Open Public Meetings
Act, Chapter 231 of the Laws of 1975.
[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
Board Secretary. Any interested party shall have the right to compel
the production of the minutes for use as evidence in any legal proceedings
concerning the subject matter of such minutes. Such interested party
may be charged a reasonable fee for reproduction of the minutes for
his use.
A.
The Planning Board shall hold a hearing on each application
for development or adoption or amendment of the Master Plan, within
its jurisdiction.
[Amended 4-17-1989]
B.
The Board shall make the rules governing such hearings
consistent with the provisions of N.J.S.A. 40:55D-1 et seq. Any maps
and documents for which approval is sought at a hearing shall be on
file available for public inspection at least 10 days before the day
of the hearing during normal business hours in the office of the Secretary.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
[Amended 4-17-1989]
C.
The officer presiding at any 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.
D.
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the residing
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.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
F.
The Planning Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Planning Board shall furnish a transcript, or
duplicate recording in lieu thereof, on request to any interested
party at his expense.
[Amended 4-17-1989; at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]
G.
Each decision on any application for development shall
be in writing and shall include findings of facts and legal conclusions
based thereon.
H.
A copy of the decision shall be mailed by the Planning
Board within 10 days of the date of decision to the applicant, or
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the Planning Board in
the office of the Board Secretary. The Board Secretary shall furnish
a copy of such file decision 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 and shall make it available
for public inspection at the office during reasonable hours.
I.
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there shall be one,
or in a newspaper of general circulation in the municipality. Such
publication shall be arranged by the applicant. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
A.
Contents. Notices of hearings shall state the date,
time and place of the hearing, the nature of the matters to be considered
and, in the case of notices of application, an 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 are sought are
available for review by the public.
B.
Responsibility. Notice of hearings shall be given
by the applicant at least 10 days prior to the date of hearing.
C.
When required.
(1)
Public notice of hearing on all applications for development
shall be given, except in the case of application for approval of
a final plat of a major subdivision; provided however, that the Planning
Board may waive the giving of public notice in connection with minor
subdivision, preliminary site plan or final site plan approval if
in its judgment such notice is not required to protect the public
interest or the interest of adjacent property owners. In determining
whether to grant such waiver, the Board shall consider whether the
proposed subdivision or use will tend to:
(a)
Increase the need for off-street parking.
(b)
Generate additional vehicular traffic.
(c)
Increase noise or exterior artificial lighting
requirements.
(d)
Increase the risk of fire, explosion or other
damage to adjacent owners.
(e)
Differ markedly from the character of the existing
uses in the immediate area from either an aesthetic or safety standpoint.
(2)
Public notice shall always be required whenever relief is requested under § 130-21H of this chapter or whenever a variance of any kind is involved. Public notice shall be given in the official newspaper of the Borough, if there shall be one, or in a newspaper of general circulation in the Borough.
D.
Method of notice. Notice shall be given by:
(1)
Serving a copy thereof on the property owner as shown
on 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 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.
E.
Furnishing of lists. Upon the written request of any applicant, the Borough Clerk shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to § 130-18F of this chapter. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum as provided in § 130-74E may be charged for such list.
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
F.
Distribution of notice. Whenever public notice is
required, a notice shall also be given to the owners of all real property
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of such hearing.
Any application for development involving property located within
200 feet of an adjoining municipality shall require that notice also
be given to the Clerk of such adjoining municipality. Notice of an
application for development on property adjacent to an existing county
road or proposed road shown on the Official County Map or on the County
Master Plan or adjoining other county land or situated within 200
feet of the municipal boundary shall also require that notice be served
upon the County Planning Board. Notice shall be given to the Commissioner
of Transportation of a hearing on an application for development of
property adjacent to a state highway. Notice shall be given to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
to the State Planning Commission shall include a copy of any maps
or documents required to be on file prior to the hearing of the application
for development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Proof of service. The applicant shall file an affidavit
of proof of service with the Planning Board.
[Amended 12-15-1998 by Ord. No. 94-98]
H.
Effect of mailing notice. Any notice of hearing made
by certified mail shall be deemed complete upon mailing.
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 and without compensation.[1]
[1]
Editor's Note: Original § 16.3.5,
Environmental Commission, which immediately followed this section,
was repealed 12-15-1998 by Ord. No. 94-98.
