[1]
Editor's Note: By the adoption of Ordinance No. 794, the Zoning
Board of Adjustment, as it previously existed in the Borough, is dissolved
to the extent that such a Board exists as a separate functioning body
within the Borough. Pursuant to the authority granted by N.J.S.A.
40:55D-25c(1), the Planning Board of nine members shall exercise all
of the powers heretofore granted to the Zoning Board of Adjustment.
All references to the Zoning Board of Adjustment within the
Code and/or ordinances of the Borough of Sea Girt are hereby amended
to reflect the fact that the function of the Zoning Board of Adjustment
will be carried out in accordance with the requirements of N.J.S.A.
40:55D-25(c) so as to reflect the rights of the Borough of Sea Girt
to carry out zoning activities as if such body was still in effect
in separate form.
[Ord. #420, A I, § 1; Ord. #794, § 1,
2, 3]
There is hereby established pursuant to N.J.S.A. 40:55D-23 a
Planning Board of nine members. Pursuant to the authority granted
by N.J.S.A. 40:55D-25c(1), the Planning Board shall exercise to the
same extent and subject to the same restrictions all of the powers
heretofore granted to the Zoning Board of Adjustment.
a.
Membership shall consist of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member
of the governing body to be appointed by the Mayor.
Class III. A member of the governing body to be appointed by
it.
Class IV. Six other citizens of the Borough to be appointed
by the Mayor.
The members of Class IV shall hold no other Borough office.
If an Environmental Commission is hereafter created, a member of the
Environmental Commission as required by N.J.S.A. 40:56A-1 shall be
a Class IV Planning Board member.
Pursuant to N.J.S.A. 40:55D-25(c), 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).
[Ord. #420, A I, § 2]
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office whichever occurs first. The term
of the Class IV member who is also a member of the Environmental Commission
(if such Commission be hereafter created) shall be for three years
or terminate at the completion of his term of office as a member of
the Environmental Commission, whichever occurs first.
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.
[Ord. #464, § 1; Ord. #794, § 4]
Pursuant to N.J.S.A. 40:55D-23.1, the Borough of Sea Girt hereby
establishes the classification of Alternate Members of the Sea Girt
Planning Board created hereunder, which members shall be Class IV
members of the nine member Planning Board. The initial term of the
alternate designated as Alternate No. 1 shall be two years, and the
term of Alternate No. 2 shall be one year, which term will commence
on January 1, 1998.
[Ord. #420, A I, § 3]
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.
[Ord. #420, AI, § 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 Borough employee designated by
it.
[Ord. #420, A 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 Borough Attorney.
[Ord. #420, A I, § 6]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not however exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Ord. #420, A I, § 7; Ord. #431, § 1]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also
have the following powers and duties:
a.
To make and adopt and amend a Master Plan for the physical development
of the Borough including any areas outside its boundaries, which in
the Board's judgment bear essential relation to the planning of the
Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of Chapter 16, Land Subdivision, in accordance with the provisions of the ordinances and the Municipal Land Use Law Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
c.
To approve conditional use applications in accordance with the provisions
of the Zoning Ordinances pursuant to N.J.S.A. 40:55D-67.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of Municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the governing body.
g.
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).
h.
When reviewing applications for approval of subdivision plats 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 57c of Chapter 291, P.L. 1975 from
lot area, lot dimensional set-back 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 permit
for building or structure in the bed of a mapped street or public
drainageway, 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.
i.
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.
j.
The Planning Board shall have the power to waive notice and public hearing requirements set forth in this section when acting upon subdivision applications if the Planning Board finds that the application for development conforms to the definition of a minor subdivision as such term is defined under existing Chapter 16, Land Subdivision.
[Ord. #420, A 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 Borough Engineer and the Borough 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 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 the granting of a variance as set forth in subsection 15-1.8, paragraph h., above, 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 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.
[Ord. #420, A I, § 9; Ord. No.
862]
a.
Time for Filing; Required Submissions. Applications for development
within the jurisdiction of the Planning Board pursuant to the provisions
of C. 291 P.L. 1975 shall be filed with the Secretary of the Planning
Board. 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 for 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 all plot 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.
b.
Land Application Completeness Checklist.[1]
1.
All applications to the Sea Girt Planning Board shall be accompanied
by a completed and signed checklist to be provided by the Planning
Board with the forms of application.
2.
The form of checklist attached hereto and made a part hereof is approved
by the Mayor and Council of the Borough of Sea Girt in accordance
with N.J.S.A. 40:55D10-3.
[1]
Editor's Note: The Land Development Application Completeness Checklist is included as an attachment to this chapter.
[Ord. #420, A 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 such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Ord. #420, A I, § 11]
Whenever the Environmental Commission (if one be hereinafter
created) has prepared and submitted to the Planning Board an index
of the natural resources of the Borough, 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.
[New]
The Zoning Board of Adjustment as it existed prior to January 1, 1998 was dissolved by Ordinance No. 794 to the extent that such Board existed as a separate functioning body within the Borough. Pursuant to N.J.S.A. 40:55D-25c(1) and Ordinance No. 794, the Planning Board shall exercise all of the powers of the Board of Adjustment. See subsection 15-1.1 for establishment of the Planning Board.
[1]
Editor's Note: Administrative provisions of the Zoning Board
of Adjustment superseded by Ordinance No. 794.
[Ord. #420, A II, § 6]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this chapter.
b.
It is further the intent of this chapter 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 provisions 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 this chapter in accordance
with the general or specific rules contained herein, and with the
general rules hereby laid down that equity shall be done in cases
where the strict construction of the provisions of this chapter 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 Chapter 291, P.L.
1975, or subsequent statutes in such case made and provided, and it
shall 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. #420, § 7; Ord. #579, A VIII, § 2]
a.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
Municipality based on or made in the enforcement of this chapter or
Official Map. Such appeal shall be taken within 20 days by filing
a Notice of Appeal with the officer with 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 the papers constituting
the record upon which the action appealed from was taken.
b.
An application for development may be filed with the Board of Adjustment
for action under any of its powers without prior application to an
administrative officer. Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
officer, shall be filed with the Secretary of the Board.
Four copies of the application shall be filed one of which will
be provided to the Zoning 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 Board. 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.
c.
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 otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[Ord. #420, § 8]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of C. 291, P.L. 1975 or amendments
thereto or subsequent statutes applying 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.
[Ord. #420, A II, § 9]
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 the variance, or unless such permitted use has actually been commenced,
within one year from the date of publication 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 proceeding.
[Ord. #420, A 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 error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 17, Zoning.
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 condition of such piece of property, the strict application of any regulation in Chapter 17, Zoning, 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 paragraph to allow a structure or use in a district restricted against such structure or use; and further provided 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, Chapter 291, P.L. 1975.
d.
Grant a variance to allow a structure or use in a district restricted
against such structures 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.
No variance or other relief may be granted under the provisions of this subsection 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 Chapter 17, Zoning. Any application under any paragraph of this subsection 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. #420, A II, § 11]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 15-2.11, above, 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 N.J.S.A. 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 approval pursuant to Article 6 of Chapter 291, P.L. 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 subsection 15-2.11, paragraph d.
[Ord. #420, A II, § 12; Ord. #579, A VIII, § 3]
The Board of Adjustment shall render its decision not later
than 120 days after the date (a) an appeal is taken from the decision
of an administrative officer, or (b) the submission of a complete
application for development to the Board pursuant to the provisions
of N.J.S.A. 40:55D-72b.
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.
[Ord. #420, A III, § 1]
No member of the Planning Board or Zoning Board of Adjustment
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.
[Ord. #420, A 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, 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, Chapter 231, P.L.
1975.
[Ord. #420, A III, § 3]
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 Borough 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.
[Ord. #420, A III, § 4; Ord. #600; Ord. #685; Ord.
#876; Ord. #13-2011; Ord. #13-2013; Ord. No. 21-2014]
a.
Fees for application or 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 the
rules or of the separate fee schedule shall be available to the public.
Any existing fee schedules are hereby saved from repeal, continued
in existence and hereby incorporated herein by reference.
b.
The following fees shall be paid by all applicants to the Board of
Adjustment and the Planning Board of the Borough of Sea Girt, which
fees shall be payable at the time of filing of the application. Application
fees are nonrefundable.
|
1.
|
Application for subdivision for two lots
|
$500
|
|
**for each additional lot
|
$150
| |
|
Escrow fee for subdivision (minor)
|
$3,000
| |
|
Escrow fee for subdivision (major)
|
$5,000
| |
|
2.
|
Application for Variance
|
$500
|
|
Escrow fee for Variance
|
$5,000
| |
|
3.
|
Application for Interpretation of Zoning Ordinance or Zoning
Officer
|
$500
|
|
Escrow fee for Interpretation
|
$1,250
| |
|
4.
|
Residential Escrow
|
$3,000
|
|
Application for Hardship or Use Structure (commercial)
|
$750
| |
|
Commercial Escrow
|
$5,000
| |
|
5.
|
Special Meeting Held at Applicant's Request
|
$1,000
|
|
6.
|
Site plan application
|
$500
|
|
Site plan escrow
|
$5,000
| |
|
7.
|
Fee for informal conferences before the Planning Board shall
be $1,000, $750 of which shall be placed in escrow to cover any professional
services rendered and $250 of which shall be retained as the nonrefundable
application fee.
| |
c.
In the event that the Board of Adjustment or the Planning Board determines
that proper consideration of an application pending before it will
require it to make extraordinary expenditures including, but not limited
to legal, engineering, planning or other professional expense, the
Board may require the applicant to deposit a sum sufficient to cover
the cost of such expenses, in increments of $1,000 which sum shall
be deposited in the Municipal Trust Account. Any unexpended portions
of such deposit shall be returned to the applicant.
d.
Escrow Accounts.
1.
The initial escrow fee shall be deposited in an escrow account and
accounted for pursuant to N.J.S.A. 40:55D-53.1. If an escrow account
contains insufficient funds, notice to the applicant shall be made
pursuant to N.J.S.A. 40:55D-53.2.
2.
All disbursements or withdrawals from the escrow account shall be
made pursuant to and limited by the following provisions of N.J.S.A.
40:55D-53.2:
The Chief Financial Officer of a municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving authority for review of applications 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. Such
fees or charges shall be based upon a schedule established by resolution.
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
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 costs that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants including normal and typical expenses incurred in processing
application and inspecting improvements. The municipality or approving
authority shall not bill the applicant, or charge any escrow account
or deposit authorized under paragraph b of this subsection, for any
municipal clerical or administrative functions, overhead expenses,
meeting room charges, or any other municipal costs and expenses except
as provided for in this section, nor shall a municipal professional
add any such charges to his bill. If the salary, staff support and
overhead for a municipal professional are provided by the municipality,
the charge shall not exceed 200% of the sum of the products resulting
from multiplying (a) the hourly base salary, which shall be established
annually by ordinance, of each of the professionals by (b) 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. For other professionals the charge shall be the same
rate as all other work of the same nature by the professional for
the municipality when fees are not reimbursed or otherwise imposed
on applicants or developers.
[Ord. #420, A III, § 5; Ord. #590, A III, § 5(e)]
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
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"
C.38, P.L. 1953 (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. In every application in which a variance is sought, the
applicant, at the applicant's expense, shall provide for the attendance
of a certified shorthand reporter at the hearing of the application.
In all other cases, the Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. Transcripts of such proceedings will be furnished
on request to any interested party at his expense.
[Ord. #420, A III, § 7; Ord. No.
06-2017 § 1]
A hearing is required for all development applications that
come before the Board, 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 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 such hearing
and whether located within or without the Borough in which applicant's
land is located. Such notice shall be given by: (1) serving a copy
thereof on the 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
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 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 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 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. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to Section 6b of C. 291, 1975.
g.
All notices hereinabove 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 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 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 as required by law.
[Ord. #420, A III, § 7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Collector 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 subsection 15-3.6, paragraph b.
[Ord. #420, A III, § 8]
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 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 Borough 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 Borough.
[Ord. #420, A III, § 9]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, 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.
[Ord. #420, A III, § 10]
Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A.
40:55D-65h, 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 the
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 Borough will be adequately protected.
[Ord. #420, A IV, § 11]
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 Borough based on or made in the enforcement of Chapter 17, Zoning, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 15-2.8, paragraph a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. #420, A IV, § 12]
An appeal from a decision of the Zoning Board of Adjustment
granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-70d
may be taken to the governing body provided such appeal shall be made
within 10 days of the date of publication of such final decision of
the Zoning Board of Adjustment.
[Ord. #420, A V, § 13]
Whenever a term is used in this chapter which is defined in
Chapter 291, P.L. 1975, such term is intended to have the meaning
set forth in the definition of such term found in that statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[Ord. #420, A V, § 14]
All sections of the Land Subdivision Ordinance, the Zoning Ordinance
and any other ordinance of the Borough, which contain provisions contrary
to the provisions of this chapter shall be and are hereby (to the
extent of such inconsistency) repealed.
[Ord. #420, A V, § 15]
Pursuant to the provisions of Chapter 291, P.L. 1975, Section
81, the substantive provisions of the existing "Borough of Sea Girt
Zoning Ordinance" and the land use and development regulations set
forth therein shall continue in full force and effect and shall be
read in para materia with this chapter.
[Ord. #420, A V, § 16]
All applications for development filed prior 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 15-4 of this chapter.
[Ord. #420, A V, § 17]
This chapter shall be known and may be cited as "The Land Use
Procedures Regulations of the Borough".
[Ord. #420, A V, § 18]
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Borough relating to land
use.
[New: Ord. No. 947; Ord. No. 13-2015]
a.
For violations of any provision of the Borough of Sea Girt Land Use Volume, Chapters 14 through XVIII or other ordinance of the Borough of Sea Girt amending the Land Use Volume, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the County Jail or in any place provided by the Borough for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days, per violation, per day until abated.
[New: Ord. No. 947; Ord. No. 13-2015]
[New: Ord. No. 947; Ord. No. 13-2015]
The Court before which any person is convicted of violating
any ordinance or Land Use Volume provision shall have power to impose
any fine, term of imprisonment, or period of community service not
less than the minimum and not exceeding the maximum fixed in the Land
Use volume or in such ordinance, unless otherwise provided herein.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person who is convicted of violating the Land Use Volume or any ordinance amending the Land Use Volume within one year of the date of a previous conviction or the same provision of the Land Use Volume or of the same ordinance and who was penalized for the previous violation shall be penalized as a repeat offender. In the case of such repeat offender, the Court shall impose an enhanced fine/penalty not to exceed subsection 15-6.1 per violation.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person or offender convicted of the violation of any provision
of this Land Use Volume or any ordinance may, in the discretion of
the Court by which he/she was convicted, and in default of the payment
of any fine imposed therefore, be imprisoned in the County Jail or
place of detention provided by the municipality, for any term not
exceeding 90 days, or be required to perform community service for
a period not exceeding 90 days.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person, firm, or corporation violating any provisions of the Land Use Volume shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined and/or penalized, as such court, in its discretion, may impose as set forth in subsection 15-6.1.[1]
Each day that such violation continues beyond a ten-day period
following written notice by the Code Enforcement Officer, Construction
Official, Zoning Officer or other Official of the Borough as designated
by the Governing Body served by certified or registered mail or personal
service shall constitute a separate offense.
[New: Ord. No. 947; Ord. No. 13-2015]
Each and every day in which a violation of any provision of
the Land Use Volume or any other ordinance amending the Land Use Volume
of the Borough of Sea Girt exists shall constitute a separate violation.
