[1988 Code § 105-24; Ord. No. 14-2017 § 2]
a. 
No member of the Planning Board shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
b. 
Basic Course in Land Use Required.
1. 
New Members. Pursuant to N.J.S.A. 40:55D-23.3, a person shall not be seated as a first-term member or alternate member of a local Planning Board unless the person agrees to take the basic course required to be offered under subsection a of this section, which the person shall successfully complete within eighteen (18) months of assuming Board membership in order to retain Board membership.
2. 
Current Members. Any person who is serving as a member or alternate member of a Planning Board as authorized under law on the first date on which a course in land use law and planning is offered shall be required to complete that course within eighteen (18) months of the date upon which the course is first offered in order to retain membership on that Board.
[1988 Code § 105-25; Ord. No. 14-2017 § 2]
a. 
Meetings of the Planning Board 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.
b. 
Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which meetings 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 the members of the municipal agency present at the meeting, except as otherwise required by any provisions of c. 291, P.L. 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, N.J.S.A. 10:4-6 et seq.
[1988 Code § 105-26; Ord. No. 14-2017 § 2]
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; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use, as provided for in the rules of the Board.
[1988 Code § 105-27; Ord. No. 14-2017 § 2]
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. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[1988 Code § 105-28; Ord. No. 490-04 § 1; Ord. No. 538-07; Ord. No. 591-11; Ord. No. 03-2014; Ord. No. 14-2017 § 2]
a. 
Fee Schedule.
1. 
The following Fee Schedule shall be used by the Cape May Point Land Use Boards effective May 1, 2014:
Application Type
Application Fee (nonrefundable)
Escrow Fee
(unused portion refundable)
Appeal of Administrative Officer Decision
$400.00
$1,200.00
Interpretation of Zoning Map or Ordinance
$400.00
$1,200.00
"c" or "d" variance
$550.00
$1,500.00
Informal Review
$300.00
$ 300.00
Special Meeting at Applicant's Review
$500.00
$2,000.00
Minor Subdivisions
$300.00
$1,200.00
Major Subdivisions
$500.00
$2,000.00
Site Plan Review
$500.00
$1,500.00
Site Plan Waiver
$500.00
$500.00
Special Session
$500.00
$3,000.00
Copy of Audio Tape
$5.00 per cassette or DVD/CD
Copy of Minutes, Decisions, Transcripts
Letter sized
$.05/page
Legal sized
$.07/page
If by email
Free
2. 
If additional escrow sums are deemed necessary, the applicant shall be notified of the amount. Final approval of any application will not be given in the event that the sums are not paid. Portions of escrow sum not utilized in connection with the application will be returned to the applicant at the conclusion of the consideration of the application.
b. 
The above fees represent charges for administrative processing of applications and nominal legal services. In the event that other professional services, including engineering, planning, legal and utility reviews, or other expenses are incurred by the public body hearing the application in regard to a review of the application, an escrow account is hereby established, into which account each applicant must deposit an amount determined by either the presiding official of the body to which the application is made or, in that person's absence, the amount determined by the Clerk or Secretary of the body to which the application is made, which will be the estimated amount necessary to provide for the above-mentioned expenses. Portions of the escrowed sum not utilized in connection with the application will be returned to the applicant at the conclusion of the consideration of the application. If additional sums are determined to be necessary, the applicant shall be notified of the required amount. Final approval of any application will not be given in the event that the sums are not paid.
[1988 Code § 105-29; Ord. No. 14-2017 § 2]
a. 
Rules. The Planning Board 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.
b. 
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.
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 or unduly repetitious evidence.
e. 
Records. The Board shall provide for the verbatim recording of the proceedings by either a stenographer or 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.
[1988 Code § 105-30; Ord. No. 14-2017 § 2]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
a. 
Public notice shall be given by publication in the official newspaper of the municipality at least ten (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 two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
c. 
Notice of all hearings on applications for development involving property located within two hundred (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 paragraph b above to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
d. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situate within two hundred (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 State Planning Commission of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
g. 
All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for the 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 to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
i. 
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; 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.
[1988 Code § 105-31; Ord. No. 14-2017 § 2]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the municipality shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of twenty-five ($0.25) cents per name or ten ($10.00) dollars, whichever is greater, 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 law.
[1988 Code § 105-32; Ord. No. 14-2017 § 2]
a. 
Reduction to Writing.
1. 
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce any 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 by law for action by the municipal agency on the application for development; or
(b) 
A memorializing resolution adopted at a meeting held not later than forty-five (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, and 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 paragraph b below and Section 105-33.
2. 
If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove 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.
b. 
A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant or, if requested, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
[1988 Code § 105-33; Ord. No. 14-2017 § 2]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary to the Planning Board, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.
[Ord. No. 597-11 § 3; Ord. No. 2014-12; Ord. No. 14-2017 § 2; Ord. No. 01-2018]
All applications to the Planning Board shall include a complete Land Use Development Application packet together with all documents requested in the applicable checklist(s). The aforesaid Land Use Development packet and six checklists may be found attached to this Chapter and are hereby adopted and made a part hereof.