Borough of Monmouth Beach, NJ Article 30-3 Administrative Procedures

30-3.1 Planning Board.

A. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members of the following classes: [6-12-1979; 5-13-1980; Ord. No. O-40-94 § III, 8-9-1994; Ord. No. O-27-95, 6-13-1995; Ord. No. O-23-01, 4-10-2001]

	Class I.	The Mayor or the Mayor's designee in the absence of the Mayor. [Ord. No. O-40-94 § III, 8-9-1994; Ord. No. O-23-01 § 1, 4-10-2001]
	Class II.	One of the officials of the Borough, other than a member of the Governing Body and other than the member of the Environmental Commission who is also a member of the Planning Board, to be appointed by the Mayor. [Ord. No. O-40-94 § III, 8/9/1994; Ord. No. O-23-01 § 1, 4/10/2001]
	Class III.	A member of the Governing Body to be appointed by it. [Ord. No. O-40-94 § III, 8/9/1994; Ord. No. O-23-01 § 1, 4/10/2001]
	Class IV.	The member of the Environmental Commission who is also a member of the Planning Board pursuant to N.J.S.A. 40:56A-1. Five other citizens of the Borough to be appointed by the Mayor. Said five other citizens shall hold no other Borough office. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of Borough office. [Ord. No. O-40-94 § III, 8/9/1994; Ord. No. O-27-95, 6/13/1995; Ord. No. O-23-01 § 1, 4/10/2001]

B. Terms. The term of the member composing Class I shall correspond with his official tenure. The term of the Class II member shall be for one year or terminate at the completion of his respective term of office whichever occurs first. The term of the Class III member shall be for one year or terminate at the completion of his respective term of office, whichever occurs first. The terms of the five citizen members of Class IV first appointed pursuant to this section shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first 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 term for which they were appointed. Thereafter, said five citizens shall be appointed for terms of four years, as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made. The term of the member of Class IV who is also a member of the Environmental Commission shall be for three years to terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first. [6/12/1979; Ord. No. O-27-95, 6/13/1995; Ord. No. O-23-01 § 2, 4/10/2001]

1. Alternate members; powers; terms of office. The Mayor may appoint no more than four alternate members who shall be residents of the Borough of Monmouth Beach. Alternate members shall meet the qualifications of Class IV members. 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 alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than two alternate members 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 a term shall be filled by the Mayor for the unexpired term only. [10/16/1984; Ord. No. O-23-01 § 3, 4/10/2001]

2. No alternate member shall be permitted to act on any matter in which he 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. [10/16/1984]

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. 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, Alternate No. 1 shall vote. [10/16/1984]

C. Conflicts. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.

E. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Board of Commissioners for cause.

F. Organization of board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.

G. Office of planning board attorney. There is hereby created the office of Planning Board Attorney.

H. Compensation for planning board attorney, experts and staff. The Planning Board may annually employ or contract for, and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Board of Commissioners for its use.

I. Powers and duties. The Planning 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. The Planning Board shall have the following powers and duties:

1. To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

2. To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59.

3. To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.

4. To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

5. Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Board of Commissioners, within 35 days after referral a report including recommendations concerning the proposed development regulation, revision or amendment. The Board of Commissioners, when considering the adoption of a development regulation, revision, or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Board of Commissioners from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. [10/16/1984]

6. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

7. To assemble data on a continuing basis as part of a continuing planning process.

8. To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Board of Commissioners pursuant to the provisions of N.J.S.A. 40:55D-29.

9. Whenever the proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to Section 30-3.2B, 1d and N.J.S.A. 40:55d-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:

a. Variances pursuant to Section 30-3.2B, 1c and N.J.S.A. 40:55d-70c. [6/13/1995]

b. Direction pursuant to N.J.S.A. 40:55D-34 (Official Map - Issuance of Permits for Buildings or Structures) for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32 (Establish an Official Map).

c. Direction pursuant to N.J.S.A. 40:55D-36 (Official Map - Appeals) for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, 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.

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. [10/16/1984]

10. Review of capital projects pursuant to N.J.S.A. 40:55D-31.

11. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Governing Body for the aid and assistance of the Board of Commissioners or other agencies or officers.

12. The Board of Commissioners may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or a municipal officer having final authority thereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding the matter authorized by this chapter to another municipal body such recommendation may be rejected only by a majority of the full authorized membership of such other body. [10/16/1984]

J. Time limits for approvals.

1. Minor subdivision. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Except as provided in paragraph b, below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of Planning Board approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law" (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the Monmouth County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board.

[Ord. No. O-40-94 § III, 8/9/1994]

a. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in paragraph 1, above.

[Ord. No. O-40-94 § III, 8/9/1994]

b. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to paragraph 1, above, if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after what would otherwise be the expiration date.

[Ord. No. O-40-94 § III, 8/9/1994]

c. The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

[Ord. No. O-40-94 § III, 8/9/1994]

2. Preliminary site plan approval. Upon the submission of a complete application to the Administrative Officer for a site plan for 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application to the Administrative Officer for a site plan of more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. [10/16/1984]

3. Preliminary major subdivision approval. Upon submission of a complete application to the Administrative Officer for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the Administrative Officer for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan. [10/16/1984]

4. Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46, except as otherwise provided herein, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted.

[Ord. No. O-40-94 § III, 8/9/1994]

a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

[Ord. No. O-40-94 § III, 8/9/1994]

b. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and

c. That the applicant may apply for and the Planning Board may grant extensions of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.

d. Whenever the Planning Board grants an extension of preliminary approval pursuant to paragraph c of this subsection and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Ord. No. O-40-94 § III, 8/9/1994]

e. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of the preliminary approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this paragraph shall not preclude the Planning Board from granting an extension pursuant to paragraph c of this subsection. [8/9/1994]

5. Final approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.

	Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the Monmouth County Recording Officer, the Borough Engineer and the Borough Tax Assessor. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
	The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
	No subdivision plat shall be accepted for filing by the Monmouth County Recording Officer unless it has been approved by the Borough Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 50, 56, 61, 67 or 76. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Article 30-7 of the Land Use and Development Regulations of Monmouth Beach and N.J.S.A. 40:55D-53. [Ord. No. O-40-94 § III, 8/9/1994]

6. Effect of final approval:

a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in paragraph 5, above. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision has duly recorded the plat as required in N.J.S.A 40:55D-54 and paragraph 5, above, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 and paragraph 4, above, for the section granted final approval.

[Ord. No. O-40-94 § III, 8/9/1994]

b. Whenever the Planning Board grants an extension of final approval pursuant to paragraph a of this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Ord. No. O-40-94 § III, 8/9/1994]

c. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of the final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this paragraph shall not preclude the Planning Board from granting an extension pursuant to paragraph a of this subsection.

[Ord. No. O-40-94 § III, 8/9/1994]

7. Combined preliminary and final major subdivision or site plan approval. An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision or site plan approval provided that:

a. The proposed development is not to be constructed in sections or stages.

b. The applicant pays the application fees and provides all submissions required for both preliminary and final applications.

c. Any notice of hearing requirements applicable to the preliminary plat stage are complied with.

Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.

8. Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include site plan review. The time period for approval by the Planning Board of conditional uses shall apply to such site plan review.

9. Review in lieu of board of adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and Section 30-3.1, I.9 approval of the Planning Board shall grant the application within 95 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Application for variance, conditional uses and/or directive for issuance of a building permit shall be heard by the board in conjunction with the hearing on a minor subdivision, preliminary subdivision plat or preliminary site plan.

10. Review in lieu of board of adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Section 30-3.1, I.9 (N.J.S.A. 40:55D-60) the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive application, the aforesaid provision shall apply to the applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in these regulations and N.J.S.A. 40:55D-1 et seq. [10/16/1984]

11. Required approval by county planning board. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period. [10/16/1984]

K. Advisory committee. 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.

L. Environmental commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

M. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.

N. Continuance of hearing. When any hearing before the Planning 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.

O. Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit for fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. [7/26/1988]

30-3.2 Zoning Board of Adjustment.

A. Establishment.

1. Planning Board to exercise all powers of the Zoning Board of Adjustment. Pursuant to N.J.S.A. 40:55D-25(c), the Planning Board is hereinafter empowered to exercise all the powers and authority of a Board of Adjustment as set forth in the Municipal Land Use Law; but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).

2. Abolishment of Zoning Board of Adjustment. Pursuant to N.J.S.A. 40:55D-69, the Ordinance previously adopted establishing the Zoning Board of Adjustment is repealed, and the Zoning Board of Adjustment is hereby abolished.

[Ord. No. O-27-95 § 2, 6/13/1995]

B. Powers of the Zoning Board of Adjustment.

1. The Board of Adjustment shall have the power to:

a. 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 official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.

(1) Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the Borough based on or made in the enforcement of the zoning provisions of this chapter or the Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record upon which the action appealed was taken. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an Administrative Officer. [10/16/1984]

(2) An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order a restraining order which may be granted by the Board or the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown. [10/16/1984]

(3) The Board of Adjustment may, in conformity with the provisions of N.J.S.A 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

b. Hear and decide requests for interpretation of the Zoning Map or Land Use Development Regulations or for decisions upon other special questions upon which such Board is authorized to pass by any zoning or official map ordinance, this chapter and N.J.S.A 40:55D-1 et seq. [10/16/1984]

c. _____

(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions, or physical features uniquely affecting a specific piece of property or (c) 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 N.J.S.A 40:55D-46 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of each 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; (2) Where in an application or appeal relating to a specific piece of property the purpose of this chapter or N.J.S.A 40:55D-1 et seq. would be advanced by a deviation from the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68; provided, however, that no variance from those departures enumerated in Subsection 30-3.2B, 1d below (N.J.S.A. 40:55D-70d) shall be granted under this subsection; 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 Section 30-3.11,9a (N.J.S.A 40:55D-60a). [10/16/1984]

d. In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 to permit (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Article 30-9, Conditional Uses, of this chapter and N.J.S.A. 40:55D-67 (Conditional Uses; site plan review) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in Section 30-2.3, Definitions, of this chapter and N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in Section 30-2.3, Definitions, of this chapter and 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 undersize lot or lots resulting from a minor subdivision, or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board.

[Ord. No. O-40-94 § IV, 8/9/1994]

	If an application for development requests one or more variances but not a variance for a purpose enumerated in paragraph d, above, the decision on the requested variance or variances shall be rendered under paragraph c, above. [Ord. No. O-40-94 § IV, 8/9/1994]
	No variance or other relief may be granted under the terms of this section or N.J.S.A. 40:55D-70 unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and this chapter. [Ord. No. O-40-94 § IV, 8/9/1994]

2. The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Section 30-3.2B,1d. (N.J.S.A. 40:55D-70d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such 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. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this chapter and according to N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d (Section 30-3.2B, 1d of this chapter) shall not be required. [10/16/1984]

3. Whenever an application for development requests relief pursuant to paragraph d,2 above, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter and N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period described shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats. [10/16/1984]

4. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Board of Adjustment shall condition any approval that it grants 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. [10/16/1984]

5. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map. The Board of Adjustment shall not exercise the power granted by this paragraph if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60b.

[Ord. No. O-40-94 § IV, 8/9/1994]

6. Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of Adjustment shall not exercise the power granted by this paragraph if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c.

[Ord. No. O-40-94 § IV, 8/9/1994]

C. Referral. Any application to the Board of Adjustment 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 Board of Adjustment shall act. [10/16/1984]

D. Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of a Municipal officer, or the submission of a complete application for development to the Administrative Officer. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

E. Appeal to the governing body; time; notice; modification; stay of proceedings.

1. Any interested party may appeal to the Board of Commissioners any final decision of the Board of Adjustment approving an application for development pursuant to Section 30-3.2B,1d. (N.J.S.A. 40:55D-70d). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Section 30-3.3F,3 (N.J.S.A. 40:55D-10i). The appeal to the Board of Commissioners shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the Board of Commissioners only upon the record established before the Board of Adjustment.

[Ord. No. O-40-94 § IV, 8/9/1994]

2. Notice of the meeting to review the record below shall be given by the Board of Commissioners by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Section 30-3.3F,2 (N.J.S.A. 40:55D-10h), and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the Board of Commissioners shall provide for verbatim recording and transcripts of such meeting pursuant to Section 30-3.3C,6 (N.J.S.A. 40:55D-10f). [10/16/1984]

3. The appellant shall: (1) within five days of service of the notice of the appeal pursuant to Subsection 30-3.3E,1 above, arrange for a transcript pursuant to Section 30-3.3C6 (N.J.S.A. 40:55D-10f) for use by the Board of Commissioners, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute. [10/16/1984]

4. The Board of Commissioners shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Section 30-3.3F,3 (N.J.S.A. 40:55D-10i) unless the applicant consents in writing to an extension of such period. Failure of the Board of Commissioners to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board. [10/16/1984]

5. The Board of Commissioners may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to Section 30-3.2B,1d. (N.J.S.A. 40:55D-70d). The review shall be made on the record before the Board of Adjustment. [10/16/1984]

6. The affirmative vote of a majority of the full authorized membership of the Board of Commissioners shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the Board of Commissioners shall constitute affirmation of the decision of the Board of Adjustment.

[Ord. No. O-40-94 § IV, 8/9/1994]

7. An appeal to the Board of Commissioners shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Board of Commissioners, after the notice of appeal shall have been filed with such Board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from which the appeal is taken and on good cause shown. [10/16/1984]

8. The Board of Commissioners shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, no decision shall be published in the official newspaper of the Borough, or arranged by the applicant unless a particular municipal official is so construed as preventing the applicant from arranging such publication if he so desires. The Board of Commissioners may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Borough or the applicant. [10/16/1984]

9. Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. [10/16/1984]

F. Expiration of variance. Any variance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced, within a time period specified by the Board of Adjustment from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Board of Commissioners, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. Where subdivision or site plan approval is required the period of time for commencement of the development specified by the Board of Adjustment shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.

G. Continuance of hearing and voting eligibility. A member of the Board of Adjustment who was absent for one or more of the meetings at which a hearing was held 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 the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Board that he has read such transcript or listened to such recording. [10/16/1984; Ord. No. O-27-95, 6/13/1995]

H. Annual report on variances heard by board of adjustment. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the Board of Commissioners. [7/26/1988; Ord. No. O-27-95, 6/13/1995]

30-3.3 Provisions applicable to both the Planning Board and Zoning Board of Adjustment.

A. Meetings.

1. 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.

2. 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.

3. No action shall be taken at any meeting without a quorum being present.

4. 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. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 69d, shall be deemed an action denying the application. Nothing herein shall be construed to contravene any law providing for procedures for Governing Bodies. [10/16/1984]

5. 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, N.J.S.A. 10:4-6 et seq.

B. Minutes. 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 Administrative Officer. Any interested party shall have the right to compel 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 in an amount sufficient to cover the cost of such reproduction.

C. Hearings.

1. Rules. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and shall 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 of this chapter.

2. Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

3. 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" N.J.S.A. 2A:67A-1 et seq. shall apply.

4. 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.

5. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

6. Records. The Municipal Agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Municipal Agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the Governing Body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the Governing Body pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount as specified by the ordinance. [10/16/1984]

The Municipal Agency in furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. The transcript shall be certified in writing by the transcriber to be accurate. [10/16/1984]

D. Notice of applications and hearings. Notice pursuant to paragraph D,1 to 7 below shall be given by the applicant. Notice pursuant to paragraph D,1 to 7 below, shall be given at least 10 days prior to the date of the hearing.

1. Public Notice of a hearing on an application for development shall be given except for minor subdivisions pursuant to N.J.S.A. 40:55D-47 or final approval pursuant to N.J.S.A. 40:55D-50 and provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or D-76 as part of an application for development otherwise excepted herein from public notice. [10/16/1984]

2. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

3. Notice of a hearing requiring public notice pursuant to paragraph 1, of this subsection, 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; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by (1) serving a copy thereof on the property owner as shown on the 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. [8/9/1994]

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 to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. [8/9/1994]

4. 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 Section 30-3.3D,3 of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

5. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications 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 situated within 200 feet of a municipal boundary.

6. Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.

7. Notice shall be given by personal service or certified mail 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 shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b. [8/9/1994]

a. Notice to public utilities.

(1) Notice to utilities. Notice of hearings on applications for approval of a major subdivision or a site plan requiring public notice pursuant to paragraph D,1, above, and N.J.S.A. 40:55D-12 shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with paragraph D,7a(2) below, by (1) 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 (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form. [8/9/1994]

(2) Every public utility, cable television company and local utility interested in receiving notice pursuant to paragraph a, above, and, N.J.S.A. 40:55D-12h, may register with the Borough if the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest. [8/9/1994]

(3) The Administrative Officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Borough pursuant to paragraph b, above. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to paragraph 7,a(1) above and N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12c. [8/9/1994]

(4) A registration fee of $10 shall be paid by any public utility, cable television company or local utility which registers to receive notice pursuant to paragraph D,7a(3) above. [8/9/1994]

8. The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development, at least 48 hours prior to the hearing.

9. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

10. 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 Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

11. Notice pursuant to paragraphs D.4, 5, 6, 7, and 7a, above, shall not be deemed to be required, unless public notice pursuant to paragraphs a(1) and a(2) above, are required. [8/9/1994]

E. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer shall within seven days after receipt of a request therefore 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 Section 30-3.3D,3 of this chapter. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered pursuant to Section 30-3.3D,7a(2) 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 or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. [8/9/1994]

F. Decisions.

1. The Municipal Agency (Planning Board, Board of Adjustment or Board of Commissioners) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Municipal Agency shall provide the findings and conclusions through:

a. A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the Municipal Agency on the application for development; or [10/16/1984]

b. A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Municipal Agency voted to grant or deny approval. Only the members of the Municipal Agency who voted for the action taken may vote on the memorializing resolution, the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Municipal Agency and not to be an action of the Municipal Agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by paragraphs F,1c(2) and (3) below (N.J.S.A. 40:55D-10). If the Municipal Agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Municipal Agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality. [10/16/1984]

c. An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason of a failure of the Municipal Agency to grant or deny approval within the time period provided N.J.S.A. 40:55D-1 et seq. or any supplement thereto.

(1) The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to paragraph D,7a above and N.J.S.A. 40:55D-12.

(2) The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

(3) The applicant shall file affidavit of proof of service and publication with the Administrative Officer, who in the case of a minor subdivision or final approval of a major subdivision, shall be the Officer who issues certificates pursuant to Section 35, Subsection B of Section 38 or Subsection C of Section 63 of N.J.S.A. 40:55D-47; 40:55D-50; 40:55D-76, as the case may be. [7/26/1988]

G. Conditional approvals.

1. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Municipal Agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the Municipal Agency shall approve such application conditioned on removal of such legal barrier to development.

2. In the event that development proposed by an application for development requires an approval of a governmental agency other than the Municipal Agency, the Municipal Agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Municipal Agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Municipal Agency is prevented or relieved from so acting by the operation of law.

3. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency shall condition any approval that it grants 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 period.

H. Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

I. Payment of taxes. 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 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.

J. Certification of complete application for development; certification time limits. An application for development shall be complete for purposes of commencing the applicable time period for action by a Municipal Agency when so certified by the Municipal Agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless a) the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and b) the Municipal Agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing here shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be an error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such information of any revisions in the accompanying documents so required by the Municipal Agency. [10/16/1984]

K. Completion checklists for applications for development.[1]

1. Purpose. The purpose of this paragraph K is to adopt a checklist outlining the requirements of submissions of all applications to the Zoning Board of Adjustment or Planning Board of the Borough of Monmouth Beach. Such requirements shall be necessary to allow the Administrative Officer or Board Secretary to rule on whether or not an application is deemed complete and placed on the respective Board's agenda for a hearing.

2. Required.

a. Every application for land use or zoning development submitted to the Borough of Monmouth Beach for review by the Zoning Board of Adjustment or Planning Board shall first be submitted to the Administrative Officer or Board Secretary for a determination as to whether or not the application may be deemed complete. An application shall be deemed complete by the Administrative Officer or Board Secretary if such application furnishes all required information as outlined in the Completion Checklist adopted hereby and copies of which are available, upon request, from the Borough Clerk and Secretaries of the Zoning Board and Planning Board. In the event that an applicant does not wish to supply all information as required by the Completion Checklist, applicant must request that the specific submission requirement be waived. Each applicant shall be entitled to receive a copy of the Completion Checklist form.

b. The Administrative Officer or Zoning Board Secretary shall notify each applicant, in writing, within 45 days of submission of the application, as to whether or not the application has been deemed complete and/or whether or not the application is incomplete due to applicant's failure to furnish information as required pursuant to the Completion Checklist.

[Ord. No. O-22-91 § 1, 6/11/1991]

[1] Editor's Note: The Checklists are on file in the office of the Borough Clerk.

30-3.4 Fees.

[Amended 12-9-2008 by Ord. No. O-127-08]

A. Application fees. The fees described in the table in Subsection O are hereby fixed and established for subdivision, site plan and variance applications filed with the Planning Board and other items requiring Board review. The fee is charged to cover the costs associated with the administrative and clerical processing of the application and is not refundable.

B. Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, applicants before the Planning Board shall deposit with the Borough the escrow deposits specified in Subsection O. The escrow deposit shall be applied to all costs associated with the required review of the application by the Engineer, Planner, Attorney or other professionals employed by the Board or Borough as permitted by law. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of application 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 a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.

C. Scope of reimbursed services. The municipality shall be entitled to be reimbursed for the review of publications, both as to completeness and as to content, for the review and preparation of documents, such as, but not limited to, drafting resolutions, developer's agreements, and necessary correspondence with the applicant or applicant's professionals.

D. Deposit of escrow funds; refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% for of that entire amount which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.

E. Payments.

1. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant and the municipal agency for whom said services were provided. If the salary, staff support and overhead for a Borough professional are provided by the Borough, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be.

2. If the Borough requires of the developer a deposit toward anticipated Borough expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of deposit required shall be reasonable in regard to the scale and complexity of the development.

F. Payments required prior to issuance of permits. No permits or certificates of occupancy may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.

G. Close out procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-l et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional that the application or the improvements are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

H. Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.

I. Limitation of inspection fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

J. Substitution of professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.

K. Estimate of cost of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.

L. Appeals.

1. An applicant shall notify, in writing, the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. The governing body, or its designee, shall, within a reasonable time period, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:27D- 127 any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

2. Appeals shall be taken in accordance with the rules and procedures established by the Monmouth County Construction Board of Appeals.

3. During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment of a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

M. Other fees.

1. Transcripts. Copies, documents or transcript of record of proceedings furnished to an interested party pursuant to N.J.S.A. 40:55D-10f shall be charged at the maximum rate permitted by N.J.S.A. 2A:l l-15. An order for a transcript must be accompanied by a deposit of $500 or some other amount which the Administrative Officer considers to be reasonable.

2. List of property owners: list of property owners from current tax duplicate: $10.

3. Copy of decision: copy of decision of governing body to an interested party in connection with an appeal: $10.

4. Publication of decision on appeal: publication in newspaper of decision of governing body on an appeal pursuant to N.J.S.A. 40:55D-17g: cost of publication.

N. Payment required. The application shall not be considered complete until the fees and escrow deposit are paid in full. When an application involves more than one of the categories set forth in Subsection O, the applicant shall deposit cumulative amounts.

O. Schedule of fees and escrow deposits established. The schedule of fees and escrow deposits referred to in Subsections A and B is as follows

Schedule of fees and escrow deposits
Subdivisions	Fees	Escrows
Conceptual subdivision with review by Board's attorney or consultant	$100	$,1000
Minor subdivision or re-sub with no newly created variances	$250 + $100/new lot	$1,500
Preliminary application, major subdivision	$500 + $100/new lot	$2,500 $500/new lot
Final application, major subdivision	50% of preliminary	50% of preliminary
Final plat, major subdivision	$100/lot	$250/lot
Lot line adjustment	Same as minor subdivision	Same as minor subdivision
Site Plans	Fees	Escrows
Conceptual site plan with expert/legal review	$100	$1,000
Preliminary site plan	$250 + $100 for each 1,000 square feet of affected area	$2,500 + $500 for each 1,000 square feet of affected area
Final site plan	50% of preliminary	50% of preliminary
Variances	Fees	Escrows
Use variances (N.J.S.A. 40:55D-70d)	$100	$1,000
All other variances (N.J.S.A. 40:55D-70c)	$100 plus $150 per variance	$500 plus $150 per variance
Miscellaneous	Fees	Escrows
Conditional use	$250	$1,500
Amended approvals, subdivision or site plan	50% of initial fee	50% of initial escrow
Appeals filed pursuant to N.J.S.A. 40-55D-70a	$100	$500
Interpretations filed pursuant to N.J.S.A. 40-55D-70b	$100	$500
Applications filed pursuant to N.J.S.A. 40-55D-34	$100	$500
Appeals filed to pursuant to N.J.S.A. 40-55D-36	$100	$500
Special meeting of the Board	$250	Included in subject matter escrow
Approval extension	$250	$500
As-built survey review fee	$150	None
Tax Map revision fee	$100	$100 per lot

30-3.5 Enforcement.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Administrative Officer, who shall have such powers as are conferred upon him by this chapter, and as reasonably may be implied. He shall be appointed as provided in the Administrative Code. In no case shall a Development Permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Administrative Officer to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime, or other normal business hours of the premises, in the course of his duties.

30-3.6 Certificates and permits.

A. Development permit.

1. Development Permits shall hereafter be secured from the Administrative Officer prior to filing of a subdivision; or the issuance of a Building Permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no Building Permit is required, the Development Permit shall be secured prior to the issuance of a Certificate of Occupancy.

2. Prior to issuance of a Development Permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:

a. Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.

b. Drainage permits from the New Jersey Department of Transportation.

c. Stream encroachment permit from the New Jersey Department of Environmental Protection.

d. Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection.

e. Wetlands permit from the New Jersey Department of Environmental Protection.

f. Riparian construction permit from the New Jersey Department of Environmental Protection.

g. Required permits from the U.S. Army Corps of Engineers for work within navigable waterways.

h. Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.

i. Land Disturbance Permit from the Freehold Area Soil Conservation District.

B. Certificates as to approval of subdivision of land.

1. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

2. The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. This Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

3. Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:

a. Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.

b. Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

4. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees so collected by such official shall be paid by him to the municipality.

5. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.

6. If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.

7. Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.

C. Building permit. No building or structure shall be erected, restored, added to, or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the State Uniform Construction Code. No Building Permit shall be issued unless the applicant shall have first secured a Development Permit.

D. Certificate of occupancy.

1. New uses. No building, structure or land shall be occupied or used until such time as a Certificate of Occupancy is issued by the Construction Official.

	Such certificate shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the State Uniform Construction Code and other codes and ordinances affecting construction and occupancy.
	A Temporary Certificate of Occupancy may be issued pursuant to the provisions of this chapter for a structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.

2. Existing uses:

a. At the time of passage of this chapter, upon written request from the owner, tenant, occupant, or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.

b. Nonconforming uses and buildings. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Construction Official stating that such change, extension or alteration is in conformity with the provisions of this chapter, or that same has been permitted by action of the Zoning Board of Adjustment or Planning Board.

3. Change of use. Whenever there occurs a change in the use of a building, structure or land, a new Certificate of Occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "Change in Use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A Certificate of Occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the Administrative Officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy and provided that the applicant has met the requirements of other applicable regulations.

4. Scope of certificate of occupancy. The Certificate of Occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

5. Improvement required. No Permanent Certificate of Occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter.

6. Development permit required. No Certificate of Occupancy shall be issued for the use of any building, structure or land unless a Development Permit shall have first been issued for the use of such building, structure or land.

E. Land disturbance permit. Where required, a Land Disturbance Permit shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No Land Disturbance Permit shall be issued until a Development Permit shall have first been issued for the subdivision, building, structure or use, except that the Planning Board and Borough Engineer may authorize the issuance of a Land Disturbance Permit prior to issuance of a Development Permit as provided for elsewhere in this chapter.

30-3.7 Records.

A. It shall be the duty of the Administrative Officer to keep a record of all applications for and all Development Permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Board of Commissioners and of other officials of the Borough.

B. The Administrative Officer shall prepare a monthly report for the Board of Commissioners, summarizing for the period since his last previous report all Development Permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Board of Commissioners.

30-3.8 Interpretation.

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards, shall govern.

30-3.9 Conflict with other laws: repealer.

The following Ordinances of the Borough of Monmouth Beach are hereby repealed in their entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except that any Building Permit, variance, Special Use Permit, Occupancy Permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance:

A. "Revised Zoning Ordinance of the Borough of Monmouth Beach" adopted April 28, 1970, as supplemented and amended by ordinances adopted May 25, 1971, September 14, 1971, September 28, 1971, October 31, 1972, April 24, 1973, June 26, 1973, August 14, 1973, September 11, 1973, May 28, 1974, November 12, 1974, August 12, 1975, April 27, 1976, December 28, 1976, September 13, 1977 and July 11, 1978.

B. "The Land Subdivision Ordinance of the Borough of Monmouth Beach" adopted July 27, 1954, as supplemented and amended by ordinances adopted June 25, 1968, April 13, 1971, and April 24, 1973.

C. "An Ordinance of the Borough of Monmouth Beach Establishing a Planning Board and a Zoning Board of Adjustment Pursuant to the Provisions of N.J.S.A. 40:55D-1 et seq. Providing for the Powers of Said Boards; Fixing the Procedures Governing Applications to Said Boards and Appeals Therefrom, and Providing for the Continuance of Existing Ordinances" adopted December 28, 1976.

D. An Ordinance to Readopt the Substantive Provisions of the Zoning and Land Subdivision Ordinances of the Borough of Monmouth Beach" adopted December 28, 1976, and extended by an ordinance adopted December 27, 1977.

30-3.10 Violations and penalties.

A. For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or which maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to a fine of not more than $1,250 or be imprisoned for a term not exceeding 90 days, or both.

B. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the municipality may institute and maintain a civil action:

1. For injunctive relief; and

2. To set aside and invalidate any conveyance made pursuant to such a contract of sale if a Certificate of Compliance has not been issued in accordance with Section 30-3.6B of this chapter.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

C. If, after final approval it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Planning Board or the Board of Commissioners may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

D. If the developer or agent of the developer shall, after notification by certified mail from the Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, continue to carry on the activities specifically included in cessation order(s) from the Borough Engineer, then any such developer or agent of such developer shall be subject to a fine not to exceed $1,000, or to imprisonment for not more than 90 days. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Borough Engineer shall be considered a separate and specific violation.

30-3.11 Amendments.

All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the Board of Commissioners. [8/9/1994]

30-3.12 Validity of chapter.

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

30-3.13 Effect of pending and new applications.

A. After the effective date of this chapter all new Applications for Development shall be subject to the provisions of this chapter. Within 45 days of submission of such Application for Development, the Administrative Officer shall notify the developer in writing if an Application for Development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the date of submission. If a developer is notified that an Application for Development is incomplete the Administrative Officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an Application for Development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.

B. All Applications for Development filed prior to the effective date of this chapter may be continued, subject to the following:

1. The time limits for approval by the Municipal Agency set forth within this chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new Application for Development subject to the provisions of Subsection "A" of this section and all other provisions of this chapter.

2. If the developer does not notify the Municipal Agency that he desires the Application for Development to be considered within the time limits set forth in this chapter, such Application for Development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.

3. All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

30-3.14 Copy to be filed with County Planning Board.

A. Upon adoption of this chapter the Borough Clerk shall file a copy of this chapter with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16.

B. A Zoning Ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the Land Use Plan Element of the Master Plan shall not take effect until a copy of the resolution required by Subsection A of N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board. The Secretary of the County Planning Board shall within 10 days of the date of the receipt of a written request for copies of any development regulations make such available to the parties so requesting with said Secretary's certification that said copies are true copies and that all filed amendments and resolutions are included. A reasonable charge may be made by the County Planning Board for said copies.

The official map of the Borough shall not take effect until filed with the County Recording Officer.

Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk. [7/27/1988]