A.
Planning Board. The Planning Board shall generally have exclusive jurisdiction over applications for the following, as set forth under Article III of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.
(1)
Subdivision approval as provided for under Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.
(2)
Site plat approval, subject to the revisions of Article XVI of this chapter, except for site plans submitted as part of the use variances subject to approval of the Board of Adjustment in accordance with N.J.S.A. 40:55D-70(d).
(4)
Whenever the proposed development requires approval pursuant
to this code of a subdivision, site plan or conditional use, but not
a variance pursuant to Subsection D of Section 57 of the Municipal
Land Use Act (N.J.S.A. 40:55D-70), the Planning Board shall have the
power to grant to the same extent and subject to the same restrictions
as the Board of Adjustment:
(b)
(c)
Direction pursuant to Section 27 of the Municipal Land Use Act[4] for issuance of a permit for a building or structure not
related to the street.
[1]
Whenever relief is requested pursuant to this section, notice
of the 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. However, the developer may elect to submit a separate
application requesting approval of the variance or direction of the
issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance or direction of the issuance of a permit
shall be conditioned upon grant of all required subsequent approvals
by the Planning Board. No such subsequent approvals shall be granted
unless the approval can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the zone plan and this chapter.
[4]
Editor's Note: See N.J.S.A. 40:55D-36.
B.
Board of Adjustment. The Board of Adjustment shall have exclusive jurisdiction over all other applications for variances and such other matters as set forth in Article IV of Chapter 209, Land Use Procedure, of the Code of the Township of Ocean. In addition, the Board of Adjustment shall have the power to:
(1)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative officer based on or made in the enforcement
of this chapter;
(2)
Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance in accordance with this chapter; where by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article III of this chapter would result in peculiar and exceptional and undue hardship upon the developer of such property, grant upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
(3)
Where in an application or appeal relating to a specific piece of property the purpose of this chapter would be advanced by a deviation from this chapter requirement and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article III of this chapter; provided, however, that no variance from those departures enumerated in Subsection B(4) of this section, shall be granted under this section; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this chapter (N.J.S.A. 40:55D-60a); and
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article III of this chapter to permit:
(a)
A use of principal structure in a district restricted against
such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in
Section 3.1 of P.L. 1975, c.291 (N.J.S.A. 40:55D-40);
(e)
An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c.291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this section shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board pursuant to Article XI of this chapter.
[1]
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 this chapter. In
respect of any airport hazard areas delineated under the Air Safety
and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80
et seq.), no variance or other relief may be granted under the terms
of this section permitting the creation or establishment of a nonconforming
use which would be prohibited under the standards promulgated pursuant
to that act except upon issuance of a permit by the Commissioner of
Transportation. An application under this chapter may be referred
to any appropriate person or agency for its report; provided that
such reference shall not extend the period of time within which the
Zoning Board of Adjustment shall act.
[2]
In addition, the Zoning Board of Adjustment shall have exclusive
jurisdiction to hear all variance requests pursuant to N.J.S.A. 40:55D-70(b),
commonly known as "use" variances, which shall be defined as those
matters requesting:
[a]
Variances to allow a use, whether principal or
accessory, in a district restricted against such use;
[b]
A variance to allow a principal structure in a
district restricted against such structure, but not including accessory
structures such as signs and parking lots which will be considered
as C variances;
[c]
A variance to allow a greater density of dwelling
units than that permitted by ordinance, except in the case of detached
single- or two-family dwelling units on an isolated, undersized lot
or on lots resulting from a minor subdivision;
[d]
A variance to allow an increase in the permitted
floor area ratio;
[e]
A variance to allow expansion of a nonconforming
use;
[f]
A variance from a condition of a conditional use
which relates solely to that conditional use. That is, it is not a
general condition in the zone or general condition of other conditional
uses.
A.
Any application over which the Planning Board or Board of Adjustment
has jurisdiction shall be submitted by the applicant to the appropriate
municipal board, together with all supporting documentation as required
under this chapter for the type of application involved.
B.
The municipal board having jurisdiction shall certify an application
as complete before the application is heard by and presented to the
board. The application shall be certified as complete as soon as the
applicant has filed and met all requirements specified in the rules
and regulations of the board having jurisdiction. In the event that
the board takes no action to certify that an application is complete
or incomplete, an application shall be deemed to be complete 45 days
after its submission to the board. The time period required for a
decision by the municipal board shall begin either on the day that
the board deems the application to be complete, or 45 days after the
submission of the application to the board, presuming the board takes
no action to certify whether the application is complete or incomplete,
whichever occurs first. The determination of the completeness of an
application shall be made by comparing the application to a checklist
adopted by the Township Committee for each of the appropriate boards.
Furthermore, when applicant does not believe it necessary to submit
all the documentation listed on the checklist for a determination
of completeness, the applicant may request that one or more of the
submission requirements be waived in its particular case.
A.
The applicant, at the time of filing, shall also submit a fee or fees as established under Article XX of this chapter. Such fees to defray costs incurred by the municipal board in its review of the application.
B.
Fees for applications or for the rendering of any service by the Planning Board or Board of Adjustment or any member of their administrative staffs which are not otherwise provided for in Article XX of this chapter may be provided for and adopted as part of the rules of either board, and copies of said rules or of the separate fee schedule shall be available to the public.
A.
Applications requiring public hearings. The following types of applications
for development shall require a public hearing by the municipal board
having jurisdiction prior to a decision on an application:
B.
Rules and procedures.
(2)
Every municipal agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency shall be
scheduled unless cancelled for lack of applications for development
to process. The municipal agency may provide 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 municipal regulations. No action shall be taken
at any meeting without a quorum being present. All actions shall be
taken by a majority vote of the members of the municipal agency present
at the meeting, except as otherwise required by Sections 23, 25, 49,
50 and subsections 8.e., 17.a., 17.b., and 57D of the Municipal Land
Use Act.[1] Failure of a motion to receive the number of votes required
to approve an application for development pursuant to the exceptional
vote requirement of Section 25 of subsection 57D of the Municipal
Land Use Act shall be deemed an action denying the application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
After receipt and certification of a complete application the municipal
board having jurisdiction shall approve or disapprove said application
within the following period of time, unless an extension of that time
period is agreed to by the applicant:
(1)
Applications before the Planning Board.
(2)
Applications before the Board of Adjustment: 120 days for all requests made to the Zoning Board of Adjustment in conformance with N.J.S.A. 40:55D-70. In addition, all as set forth in Article IV of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean. The Board of Adjustment may refer any development application submitted to it to an 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 Board of Adjustment shall act.
B.
In the event that the Planning Board or Board of Adjustment does
not render a decision within the time periods prescribed in this section
and the applicant has not agreed to an extension of time, any interested
party may apply to the Superior Court of New Jersey in a summary manner
for an order compelling the appropriate board to adopt such a resolution
within a stated time period. The cost of such an application to the
court, including attorneys' fees, shall be assessed against the municipality.
A.
Each decision on any application for development shall be reduced
to writing, as provided in this chapter, and shall include findings
of facts and conclusions based thereon.
B.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
C.
The municipal board may provide such written decision and findings
and conclusions either on the date of the meeting at which the action
is taken to grant or deny approval, or, if such meeting occurs within
the final 45 days of the applicable time period for rendering a decision
on the application for development, within 45 days of such meeting
by the adoption of a resolution setting forth the decision and the
findings and conclusions of the municipal board thereon. An action
resulting from the failure of a motion to approve an application shall
be documented by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
D.
The adoption of a resolution pursuant to this section shall not be
construed to alter the applicable time period for rendering a decision
on the application for development. Such resolution shall be adopted
by a vote of a majority of the members of the municipal board who
voted for the action previously taken, and no other member shall vote
thereon. The vote on such resolution shall be deemed to be a record
of an action of the municipal board, and not to be an action of the
municipal board, provided, that failure to adopt such a resolution
within the forty-five-day period shall result in the approval of the
application for development, notwithstanding any prior action taken
thereon.
E.
Wherever a resolution is adopted, the date of such adoption shall
constitute the date of the decision for purposes of the mailings,
filings and publications required by N.J.S.A. 40:55D-10.
F.
A copy of the decision shall be mailed by the municipal board having
jurisdiction 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.
G.
A brief notice of decision shall be published in the office newspaper
of the municipality. A reasonable charge may be made to the applicant
for such publication. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of such decision.
A.
Whenever review or approval of an application by the County Planning
Board is required by Section 8 of P.L 1963, c.285 (N.J.S.A. 40:27-6.6),
the case of a site plan, the municipal board shall condition any approval
that its agent 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.
B.
Whenever review or approval of an application by the Pinelands Commission is required (N.J.S.A. 13:18A-1 to 29, as amended), the municipal board shall condition its approval upon the receipt of approval or approval with conditions from the Pinelands Commission under the provisions of Article XIII of this chapter.
Any appeal from the final decision of the Board of Adjustment
must be appealed directly to the Superior Court of New Jersey, and
cannot be appealed to the Township Committee of the Township. All
decisions of the Planning Board shall be deemed final and not appealable
to the Township Committee.
