[1976 Code § 13.1-1; Ord. No. 579 Art. V § 5]
This chapter shall be known and may be cited as "The Land Use
Procedures Chapter of the City of Sea Isle City."
[1976 Code § 13.1-2; Ord. No. 579 Art. V § 1]
Whenever a term is used in this chapter which is defined in
c. 291, Laws of N.J. 1975, the term is intended to have the meaning
set forth in the definition of the term found in that statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[1976 Code § 13.1-3; Ord. No. 579 Art. V § 3]
Pursuant to the provisions of c. 291, Laws of N.J. 1975, section
81, the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of the City and the
development regulations set forth therein shall continue in full force
and effect for a period of six months from the effective date of such
act or until the City exercises the authority delegated by the ordinance
to regulate development, whichever occurs first.
[Ord. No. 1431 § CXX]
All provisions in this chapter shall be construed as consistent with Chapter 26 of this Code. In the event of a conflict, the more stringent application shall apply.
[1976 Code § 13.1-4; Ord. No. 579 Art. V § 4; Ord. No. 1431 § CXXI]
All applications for development filed to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 29-5 of this chapter.
[1976 Code § 13.1-5; Ord. No. 579 Art. I § 1; Ord. No. 635 §§ 1, 2, 4; Ord. No. 1431 § CXXII]
a.
There is hereby established, pursuant to N.J.S.A. 40:55D-23, in the
City, a Planning Board of members consisting of the following four
classes:
1.
Class I: The Mayor or his/her designee in his/her absence.
2.
Class II: One of the officials of the municipality other than a member
of the Governing Body, to be appointed by the Mayor.
3.
Class III: A member of the Governing Body to be appointed by the
Governing Body.
4.
Class IV: Six other citizens of the municipality to be appointed
by the Mayor.
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The members of Class IV shall hold no other municipal office;
except, that one member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board
as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board
member unless there be among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member of the Environmental
Commission shall be deemed to be a Class II member of the Planning
Board.
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b.
There is hereby created two alternate members for the Planning Board,
who shall be appointed by the Mayor and shall meet the qualifications
for Class IV members in accordance with N.J.S.A. 40:55D-23.
[1976 Code § 13.1-6; Ord. No. 579 Art. I § 2; Ord. No. 1431 § CXXIII]
a.
Class I. The term of the member composing Class I shall correspond
with his/her official tenure.
b.
Class II. The terms of the member composing Class II shall be for
one year or terminate at the completion of his/her term of office,
whichever occurs first; except for a Class II member who is also a
member of the Environmental Commission. The term of a Class II member
who is also a member of the Environmental Commission shall be for
three years or terminate at the completion of his term of office as
a member of the Environmental Commission.
c.
Class III. The term of the member composing Class III shall be for
one year or terminate at the completion of his/her term of office,
whichever occurs first.
d.
Class IV. The term of a Class IV member who is also a member of the
Zoning Board of Adjustment, the Board of Education or the Environmental
Commission shall terminate whenever he is no longer a member of such
other body or at the completion of his Class IV term, whichever happens
first. The terms of all Class IV members first appointed pursuant
to this chapter shall be so determined that, to the greatest practicable
extent, the expiration of such terms shall be distributed evenly over
the first four years after their appointment as determined by resolution
of the Governing Body; provided, however, that no term of any member
shall exceed four years; and provided, further, that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
[1976 Code § 13.1-7; Ord. No. 579 Art. I § 3; Ord. No. 1431 § CXXIV]
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a Class I member, after a public
hearing if he requests one, may be removed by the Governing Body for
cause.
[1976 Code § 13.1-8; Ord. No. 579 Art. I § 4]
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.
[1976 Code § 13.1-9; Ord. No. 579 Art. I § 5]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[1976 Code § 13.1-10; Ord. No.
579 Art. I § 6; Ord. No.
1431 § CXXV]
The Planning Board may employ or contract for the services of
experts and other staff and services as it deems necessary. The Board
shall not, however, exceed, exclusive of gifts and grants, the amount
appropriated in the Municipal Budget for its use.
[1976 Code § 13.1-11; Ord. No.
579 Art. I § 7; Ord. No.
1431 §§ CXXVI- CXXVII]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make and adopt and from time to time amend a Master Plan for the
physical development of the City, including any outside its boundaries,
which in the Board's judgment bear essential relation to the
planning of the City, in accordance with the provisions of Section
40:55D-28 of the New Jersey Statutes Annotated.
b.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the City in accordance with the provisions
of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A.
40:55D-1 et seq.
c.
To participate in the preparation and review of programs or plans
required of the Planning Board by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
the same to the Mayor and Governing Body.
f.
To consider and make report to the Governing Body within 35 days
after referral, as to any proposed development regulation submitted
to it, pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Governing Body pursuant to the provisions of N.J.S.A. 40:55D-26(b).
g.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to subsection c of c. 291, Laws of N.J. 1975, from lot area, lot of dimensional, setback and yard requirements; provided, that such relief from lot area requirements shall not be granted for more than one lot.
2.
Direction pursuant to Section 25 of the Act for issuance of a permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to Section 23 of the Act.
3.
Direction pursuant to Section 27 of the Act 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 a 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.
h.
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 Governing Body or other agencies or officers.
[1976 Code § 13.1-12; Ord. No.
579 Art. I § 8]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the County Recording
Officer.
b.
Preliminary Approval for Major Subdivisions. Upon submission of a
complete application 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 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 for the subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before granting of a variance as set forth in paragraph g of subsection 29-2.7, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
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 the signing of the plat unless within such period the
plat shall have been duly filed by the developer with the County Recording
Officer. 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.
[1976 Code § 13.1-13; Ord. No.
579 Art. I § 9]
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of c. 291, Laws of N.J.
1975, shall be filed with the City Clerk. The applicant shall file,
at least 14 days before the date of the monthly meeting of the Board,
three copies of a sketch plat; three copies of applications for minor
subdivision approval; three copies of application for major subdivision
approval or three copies of an application of site plan review, conditional
use approval or planned development. At the time of filing the application
but in no event less than 10 days prior to the date set for hearing
the applicant shall also file 12 copies of any proposed subdivision
maps and all plat plans, maps or other papers required by virtue of
any provision of this chapter or any rule of the Planning Board. The
applicant shall obtain all necessary forms from the Secretary of the
Planning Board. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate applications and of the regular
meeting dates of the Board.
[1976 Code § 13.1-14; Ord. No.
579 Art. I § 10]
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 the person or persons shall have no power to vote
or take other action required of the Board. Such person or persons
shall serve at the pleasure of the Mayor, during the term of the Mayor.
[1976 Code § 13.1-15; Ord. No.
579 Art. I § 11]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the City,
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.
[1976 Code § 13.1-16; Ord. No.
579 Art I § 12]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (Section 2A:67A-1 et seq. of the New Jersey Statutes Annotated)
shall apply.
[Ord. No. 579 Art. II § 1; Ord. No. 635 §§ 3, 4; Ord. No. 1431 §§ CXXIX,
CXXX]
a.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
section 40:55D-69 et seq., consisting of seven residents of the City
appointed by the Governing Body to serve for terms of not more than
four years from January 1 of the year of their appointment. The terms
of the members shall be set so that the terms of not more than two
members expire in the same year. The terms of the members first appointed
to the Board under P.L. 1975, c. 291 (C40:55.3-1 et seq.) shall be
one member to serve for a one-year term, two members to serve for
a two-year term, two members to serve for a three-year term, and two
members to serve for a four-year term.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality. A member may, after public
hearing if he requests it, be removed by the Governing Body for cause.
b.
There shall be created two alternate members for the Zoning Board
of Adjustment of the City. The members shall be designated by the
Chairman of the Zoning Board of Adjustment as alternate number one
and alternate number two and they shall serve in rotation during the
absence or disqualification of any regular member or members. The
term of each alternate member shall be two years. The alternate members
of the Zoning Board of Adjustment shall be appointed by the same appointing
authority for regular members of the Board.
c.
The Board of Adjustment shall elect a Chairman and Vice-Chairman
from its members, and shall select a secretary who may or may not
be a member of the Board of Adjustment or a municipal employee.
d.
A member may, after a public hearing if he/she requests it, be removed
by the Governing Body for cause.
[Ord. No. 579 Art. II § 3]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Municipal Attorney.
[Ord. No. 579 Art. II § 4; Ord. No. 1431 § CXXXI]
The Zoning Board of Adjustment may employ or contract for and
fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Municipal Budget for its use.
[Ord. No. 579 Art. II § 5]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (Section 2A:67A-1 et seq. of the New Jersey Revised Statutes)
shall apply.
[Ord. No. 579 Art. II § 6]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with Section 40:55D-69 et seq. of the New Jersey Statutes Annotated,
and amendments and supplements thereto, and with the provisions of
this section.
b.
It is further the intent of this section to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provision of this chapter
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of the Zoning Ordinance
in accordance with the general or specific rules contained herein,
and with the general rule hereby laid down that equity shall be done
in cases where the strict construction of the provisions of the Zoning
Ordinance would work undue hardship. The powers and duties of the
Board having been delegated to and imposed upon it by Statute, the
Board shall in all cases follow the provisions applicable to it in
c. 291, Laws of N.J. 1975, or subsequent Statutes in such cases made
and provided, and it shall from time to time furnish to any person
requesting the same a copy of its rules and information as to how
appeals or applications may properly be filed with the Board for its
decision thereon.
[Ord. No. 579 Art. III
§ 7; Ord. No. 1431 § CXXXII]
An applicant may file an application with the Board of Adjustment
for action under any of its powers without prior application to an
administrative officer. At the time of filing the appeal or application,
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Board of Adjustment. The applicant shall obtain all necessary
forms from the Secretary of the Zoning Board of Adjustment. The Secretary
of the Board shall inform the applicant of the steps to be taken to
initiate proceedings and of the regular meeting dates of the Board.
[Ord. No. 579 Art. II § 10]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is an error in any order, requirement, decision or refusal made
by an Administrative Official or agency based on or made in the enforcement
of the Zoning Ordinance.
b.
Hear and decide requests for interpretation of the Zoning Map or
Zoning Ordinance, or for decisions upon other special questions upon
which such Board is authorized by the Zoning Ordinance to pass.
c.
Where by reason of exceptional narrowness, shallowness or shape of
a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or conditions of such piece of property, the strict application of
any regulation in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the owner of such property, to grant, upon an application or
an appeal relating to such property, a variance from such strict application,
so as to relieve such difficulties or hardship, provided however,
that no variance shall be granted under this subsection to allow a
structure or use in a district restricted against such structure or
use; 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 shall
review a request for a variance pursuant to the subsection 47a of
the Municipal Land Use Law of 1975.
d.
Grant a variance to allow a structure or use in a district restricted
against such structure or use in particular cases and for special
reasons, but only by the affirmative vote of at least 2/3 of the full
authorized membership of the Board.
e.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the Zone Plan and Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report; provided that such reference shall not extend the
period of time within which the Zoning Board of Adjustment shall act.
[Ord. No. 579 Art. II § 11]
The Zoning Board of Adjustment shall, in addition to the powers specified in Section 29-3.6, have power given by law to:
a.
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.
b.
Direct issuance of a permit pursuant to Section 40:55D-36 for a building
or structure not related to a street.
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 Article 6 of C. 291, Laws of N.J. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to paragraph d of subsection 29-3.6.
[Ord. No. 579 Art. II § 9; Ord. No. 1431 § CXXXIII]
Any variance from the terms of this chapter 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 such variance, or unless such permitted use has actually been commenced,
within nine months from the date of entry 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 Governing Body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceedings.
[Ord. No. 596 § 2]
The Board of Adjustment is hereby authorized to charge and collect
a $25 application fee for appeals to the Board of Adjustment.
[Ord. No. 1431 § CXXXIV]
a.
Budget. The Mayor shall make provision in the budget and the Governing
Body shall appropriate funds for the expenses of the Board of Adjustment.
b.
Contract for Services. The Board of Adjustment may employ, or contract
for, and fix the compensation of legal counsel, other than the Municipal
Attorney, and experts and other staff and services as it shall deem
necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated in the Municipal Budget for its use.
[1976 Code § 13.1-29; Ord. No.
579 Art. III § 1]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he/she has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself/herself from acting on a particular matter, he/she
shall not continue to sit with the Board on the hearing of the matter
nor participate in any discussion or decision relating thereto.
[1976 Code § 13.1-30; Ord. No.
579 Art. III § 2]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of c. 291, Laws of N.J. 1975.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, c. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55C-9.
[1976 Code § 13.1-31; Ord. No.
579 Art. III § 3; Ord.
No. 1468 (2009) § XIII]
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 the reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours by the Department of Community Development.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his/her use as provided
for in the rules of the Board.
[1976 Code § 13.1-32; Ord. No.
579 Art. III § 4]
Fees for application for the rendering of any service by the
Planning Board or Zoning Board of Adjustment or any member of their
administrative staffs, which is not otherwise provided by ordinance,
may be provided for and adopted as part of the rules of the Board
and copies of such rules or of the separate fee schedule shall be
available to the public.
[1976 Code 13.1-33; Ord. No. 579 Art. III § 5]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
b.
Oaths. The officer presiding at the hearing, or such person as he/she
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.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial and
unduly repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense.
f.
When any hearing before the Planning Board or Zoning Board of Adjustment
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/her
absence from one or more of the meetings; provided, however, that
such Board member has available to him/her a transcript or a recording
of the meeting from which he/she was absent, and certified in writing
to the Board that he/she has read the transcript or listened to the
recording.
[1976 Code § 13.1-34; Ord. No.
579 Art. III § 6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the City at least 10 days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of the hearings
and whether located within or without the municipality in which applicants'
land is located. The notice shall be given by:
1.
Serving a copy thereof on the owner as shown on the current tax duplicate
or his/her agent in charge of the property; or
2.
Mailing a copy thereof by certified mail to the property owner at
his/her address as shown on the current tax duplicate. A return receipt
is not required. 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, Vice-President, Secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of the
municipality, which notice shall be in addition to the notice required
to be given pursuant to paragraph b of this subsection to the owners
of lands in such adjoining municipality which are located within 200
feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the City Clerk pursuant to Section 6b of C. 291, Laws of N.J.
1975.
g.
All notices specified in this subsection shall be given at least
10 days prior to the date fixed for hearing and the applicant shall
file an affidavit of proof of service with the Board holding the hearing
on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
i.
All notices required to be given pursuant to the terms of this subsection
shall state the date, time and place of the hearing, the nature of
the matters to be considered and identification of the property proposed
for development by street address, if any, or by reference to Lot
and Block numbers as shown on the current tax duplicate in the Municipal
Tax Assessor's office and the location and times at which any
maps and documents for which approval is sought are available as required
by law.
[1976 Code § 13.1-35; Ord. No.
579 Art. III § 7; Ord.
No. 1468 (2009) § XIV]
Pursuant to the provisions of Section 40:55D-12c of the New Jersey Statutes Annotated, the Tax Assessor of the City shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph b of subsection 29-4.6.
[1976 Code § 13.1-36; Ord. No.
579 Art. III § 8; Ord.
No. 1431 § CXXXV; Ord.
No. 1468 (2009) § XV]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or if represented, then
to his/her attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed with the Department of Community
Development, which shall make a copy of the filed decision available
to any interested party upon payment of a fee calculated in the same
manner as those established for copies of other public documents in
the City.
c.
Failure of the Board to render a decision within such 120-day period,
or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant.
d.
The Board of Adjustment may reverse or affirm, wholly or in part,
or may modify the action, order, requirement, decision, interpretation
or determination appealed from, and to that end have all the powers
of the administrative officer from whom the appeal is taken.
e.
An appeal to the Board of Adjustment shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made, unless the officer from whose action the notice of
appeal shall have been filed with him/her that by reason of facts
stated in the certificate of a stay would, in his/her opinion, cause
imminent peril to life or property. In such a case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
f.
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 officers for purposes of filing subdivision plats.
g.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968 c. 285 (N.J.S.A. 40:27-6.3)
- in the case of a subdivision, or Section 8 of P.L. 1968, c. 285
(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.
h.
An application under this section may be referred to any appropriate
person or agency, including the Planning Board pursuant to N.J.S.A.
40:55D-17, for its report; provided that such reference shall not
extend the period of time within which the Zoning Board of Adjustment
shall act.
[1976 Code § 13.1-37; Ord. No.
579 Art. III § 9]
A brief notice of every final decision shall be published in
the official newspaper of the City. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment
without separate charge to the applicant. The notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
[1976 Code § 13.1-38; Ord. No.
579 Art. III § 10]
Pursuant to the provisions of Sections 40:55D-39 and 40:55D-65
of the New Jersey Statutes Annotated, every application for development
submitted to the Planning Board or 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 the
application; or if it is shown that taxes or assessments are delinquent
on the property, any approvals or other relief granted by either Board
shall be conditioned upon either the prompt payment of the taxes or
assessments or the making of adequate provision for the payment thereof
in such manner that the City will be adequately protected.
[1976 Code § 13.1-39; Ord. No.
579 Art. IV § 1; Ord.
No. 1552(2013)]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Administrative Officer of the City based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be filed within 20 days from the date of the decision or refusal by filing a notice of appeal in the manner set forth in subsection 29-3.5 of this Code, and in accordance with N.J. Statute 40:55D-72(a).
[1]
Editor's Note: Former subsections 29-5.2, Appeals to
the Board of Commissioners, containing portions of 1976 Code § 13.1-40
and Ordinance No. 624; 29-5.3, Appeals from decisions of the Planning
Board, containing portions of 1976 Code § 13.1-41 and Ordinance
No. 579; and 29-5.4, Appeals from Decisions of the Zoning Board of
Adjustment containing portions of 1976 Code § 13-1.42 and
Ordinance No. 579, were repealed in their entirety by Ordinance No.
1431.
