A Planning Board established pursuant to N.J.S.A. 40:55D-23
is hereby continued to consist of nine (9) members and two (2) alternates
established pursuant to N.J.S.A. 40:55D-23.
The Planning Board of the City of Ocean City shall consist of
nine (9) members and two (2) alternates, as follows:
a.
Class I. The Mayor:
b.
Class II. One of the officials of the City of Ocean City other than
a member of the governing body, and an alternate designated as Class
II Alternate, both to be appointed by the Mayor; provided that the
member of the Environmental Commission, if there be such Commission,
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1 shall be deemed to be the Class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the Board of Education among the Class IV members.
c.
Class III. A member of the City Council to be appointed by the Council.
d.
Class IV. Six (6) other residents of the City of Ocean City to be
appointed as regular members by the Mayor and two (2) other residents
of the City of Ocean City to be appointed as alternates by the Mayor.
Such alternate members shall be designated by the Chairman of the
Planning Board as "Alternate #1" and "Alternate #2" and shall serve
in rotation during the absence or disqualification of any regular
member or members of Class IV. The members of Class IV shall hold
no other municipal office except that one (1) member may be a member
of the Zoning Board of Adjustment and one (1) may be a member of the
Board of Education. A member of the Environmental Commission, if there
be such 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 the Class II member of the Planning Board.
a.
The term of the Mayor, comprising Class I, shall correspond with
his official tenure. The terms of the members composing Classes II
and III shall be for one (1) year or terminate at the completion of
their respective terms of office, whichever first occurs, except for
a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three (3) years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever first occurs. The alternate member of Class
II shall be appointed for a term to expire at the same time as the
term of the regular member of Class II. The term of a Class IV member
who is also a member of the Board of Adjustment or the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever first occurs.
Except for a Class IV member who is also a member of the Board of
Adjustment or the Board of Education, all Class IV members shall be
appointed for a term of four (4) years, effective January 1st of the
year of appointment, and each shall serve until the appointment of
his successor. Alternate members of Class IV shall serve for terms
of two (2) years, except that one (1) of the alternate members first
appointed shall serve for one (1) year and the other alternate member
of Class IV first appointed shall serve for two (2) years. Nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until completion of their
terms.
b.
No member of the Planning Board shall be permitted to act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. Any member other than a Class I member, after
a public hearing if he requests one, may be removed by City Council
for cause.
c.
When any hearing before the Planning Board shall carry over two (2)
or more meetings, a member of the Board who was absent for one (1)
or more of the meetings shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one (1) or more of the meetings; provided, however, that such Board
member has available to him a transcript or recording of the meeting
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
d.
Alternate members shall be appointed by the appointing authority
for Class IV members and shall meet the qualifications of Class IV
members of nine (9) member planning boards. Alternate members shall
be designated at the time of appointment by the Mayor as "Alternate
#1" and "Alternate #2". The terms of the alternate members shall be
for two (2) years, except that the terms of the alternate members
shall be such that the term of not more than one (1) alternate member
shall expire in any one (1) year; provided, however, that in no instance
shall the terms of the alternate members first appointed exceed two
(2) years. A vacancy occurring otherwise than by expiration of term
shall be filled by the appointing authority for the unexpired term
only. No alternate member shall be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate #1
shall vote.
The Planning Board shall elect a Chairman from the members of
Class IV, select a Secretary, who may or may not be a member of the
Board or a municipal employee, and create and fill such other offices
as are established by ordinance. It 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 may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the City Council for its use.
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
The Planning Board may, from time to time, prepare and, after public
hearing, adopt or amend a Master Plan, or component parts thereof,
to guide the use of lands within the municipality in a manner which
protects public health and safety and promotes the general welfare,
in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
The Planning Board shall administer the provisions of all development
regulations of the municipality in accordance with the provisions
of said regulations, inclusive of, but not limited to, any Subdivision
Ordinance or Ordinances, any Site Plan Review Ordinance or Ordinances,
and any Zoning Ordinance or Ordinances of the municipality.
c.
The Planning Board shall exercise such powers and duties authorized
it by N.J.S.A. 40:55D-32 through N.J.S.A. 40:55D-36, inclusive, with
respect to the official map.
d.
The Planning Board shall exercise such powers and duties authorized
it by N.J.S.A. 40:55D-62 through N.J.S.A. 40:55D-68, inclusive, with
respect to adoption and amendment of Zoning Ordinances and other provisions
therein.
e.
The Planning Board shall, as it may be authorized by the governing
body from time to time, prepare a program of municipal capital improvement
projects projected over a term of at least six (6) years, and amendments
thereto, and recommend same to the governing body and shall make such
other reviews and recommendations authorized by the governing body
in accordance with the provisions of N.J.S.A. 40:55D-29 through N.J.S.A.
40:55D-31, inclusive.
f.
The Planning Board when reviewing applications for approval of subdivision
plats, site plans or conditional uses shall have the power to grant
to the same extent and subject to the same restrictions as the Zoning
Board of Adjustment.
1.
Variances pursuant to N.J.S.A. 40:55D-70(c) from lot area, lot dimensional,
setback and yard requirements;
2.
Direction pursuant to N.J.S.A. 40:55D-23 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32;
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
g.
The Planning Board may participate in the preparation and review
of programs or plans required by State or Federal law or regulation.
h.
The Planning Board may assemble data on a continuing basis as part
of a continuous planning process.
i.
The Planning Board shall 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 make and transmit to the governing body
within thirty-five (35) days after referral a report, including recommendations
concerning a proposed development regulation, revision or amendment,
pursuant to N.J.S.A. 40:55D-26(a), and shall make recommendations
on such other matters referred to it by the governing body, pursuant
to N.J.S.A. 40:55D-26(b).
k.
The Planning Board shall have the further powers and duties conferred
by, and administer all development regulations of, the municipality,
in accordance with the provisions of the Municipal Land Use Law (N.J.S.A.
40:55D-1, et seq.), including, but not limited to, its power to grant
such exceptions from the requirements for site plan review and subdivision
approval as authorized by N.J.S.A. 40:55D-51.
The Mayor may appoint one (1) 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.
Whenever the Environmental Commission, should one be created,
has prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
[Ord. #94-16, Appx. A]
Upon the finding of an application to be completed by the Planning
Board, the Board shall take final action on the type of application
listed within the following time periods:
|
Within
|
Paragraph
| |
|---|---|---|
|
Minor Subdivision
|
45 days
|
25-700.6.2a
|
|
Major Subdivision 4-10 lots (Prelim.)
|
45 days
|
25-700.6.3a
|
|
Major Subdivision 10 + lots (Prelim.)
|
95 days
|
25-700.6.3c
|
|
Major Subdivision (Final)
|
45 days
|
25-700.6.4b
|
|
Site Plan (Prelim.) 10 Acres or less
| ||
|
Site Plan (Final) 10 Acres or more
|
95 days
|
25-700.6.3c
|
|
Site Plan Final (All)
|
45 days
|
25-700.6.4b
|
|
Any application for Conditional Use Pursuant to N.J.S.A. 40:55D-60
|
95 days
|
25-700.6.6a
|
a.
In the event that an application for minor subdivision is found to
be incomplete, the applicant shall be notified thereof within forty-five
(45) days of the submission by filing of such application, or it shall
be deemed to be properly submitted.
b.
Minor subdivision approval shall be granted or denied within forty-five
(45) days of the submission by filing of such application with the
Planning Board Administrative Officer, 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 minor subdivision
approval and a certificate of the Planning Board Administrative Officer
as to the failure of the Planning Board to act shall be issued on
request of the applicant.
c.
Approval of a minor subdivision shall expire one hundred ninety (190)
days from the date of Planning Board approval, unless within such
period a plat in conformity with such approval and provisions of the
"Map Filing Law," (N.J.S.A. 46:23-9.9), 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. Copies filed with the Municipal Engineer and Municipal
Tax Assessor must be accompanied by proof of filing with the County
Recording Officer. Any such plat or deed shall have been signed by
the Chairman and Secretary of the Planning Board before it will be
accepted for filing by the County Recording Officer.
[Ord. #94-16, Appx. A]
a.
In the event that an application for preliminary site plan review
or preliminary major subdivision is found to be incomplete, the applicant
shall be notified thereof within forty-five (45) days of the submission
by filing of such application, or it shall be deemed to be properly
submitted;
b.
Upon the submission to the Planning Board Administrative Officer
of a complete application for site plan review for ten (10) acres
of land or less, or of a complete application for subdivision of between
four (4) to ten (10) lots, inclusive, the Planning Board shall grant
or deny preliminary approval within forty-five (45) days of the date
of submission by filing of such application or within such further
time as may be consented to by the applicant. Otherwise, the Planning
Board shall be deemed to have granted preliminary approval of the
site plan or the subdivision, as the case may be;
c.
Upon the submission by filing to the Planning Board Administrative
Officer of a complete application for a site plan review of more than
ten (10) acres or for a subdivision of more than ten (10) lots, the
Planning Board shall grant or deny preliminary approval within ninety-five
(95) days of the date of such submission by filing or within such
further time as may be consented to by the applicant. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
of the site plan or the subdivision, as the case may be;
d.
In the event that an application for conditional use or site plan
approval is submitted simultaneously with review for subdivision approval,
pursuant to N.J.S.A. 40:55D-51(c), the longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply;
e.
Preliminary approval of a major subdivision application or of a site
plan review application shall confer upon the applicant the rights
enumerated in N.J.S.A. 40:55D-49 for a three (3) year period from
the date of preliminary approval. As provided by N.J.S.A. 40:55D-49(a),
nothing herein shall be construed to prevent the municipality from
modifying by Ordinance such general terms and conditions of preliminary
approval as relate to public health and safety. Further, nothing herein
shall be construed to prevent the Planning Board from granting such
extensions of preliminary approval or such enlargement of the three
(3) year period as the Planning Board may grant, pursuant to N.J.S.A.
40:55D-49(c) and N.J.S.A. 40:55D-49(d).
a.
In the event that an application for final site plan review or final
major subdivision review is found to be incomplete, the applicant
shall be notified thereof within forty-five (45) days of the submission
by filing of such application, or it shall be deemed to be properly
submitted.
b.
Final approval of a site plan application or major subdivision application
shall be granted or denied by the Planning Board within forty-five
(45) days after submission by filing of a complete application to
the Planning Board Administrative Officer or within such further time
as may be consented to by the applicant;
c.
Final approval of a major subdivision shall expire ninety-five (95)
days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the applicant with the County
Recording Officer. Copies shall be filed by the applicant with the
Municipal Engineer and the Municipal Tax Assessor and must be accompanied
by proof of filing 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 one hundred ninety (190) days from
the date of the signing of the plat. The signatures of the Chairman
and Secretary of the Planning Board shall not be affixed until the
applicant has posted the guarantees required pursuant to N.J.S.A.
40:55D-53 and no subdivision plat shall be accepted for filing by
the County Recording Officer until it has been so approved by signatures
of the Chairman and Secretary of the Planning Board or a certificate
has been issued pursuant to N.J.S.A. 40:55D-47, N.J.S.A. 40:55D-50,
N.J.S.A. 40:55D-56, N.J.S.A. 40:55D-61, N.J.S.A. 40:55D-67 and N.J.S.A.
40:55D-76. If the County Recording Officer records any plat without
such approval, such recording shall be deemed null and void, and upon
request of the municipality, the plat shall be expunged from the official
records;
d.
Final approval of a major subdivision application or of a site plan review application shall confer upon the applicant the rights enumerated in N.J.S.A. 40:55D-52 for a two (2) year period from the date of final approval, except that in the case of a major subdivision the rights shall expire if the plat has not been duly recorded within the time period provided in § 25-700.6.4c.
As provided by N.J.S.A. 40:55D-52(a) and N.J.S.A. 40:55D-52(b),
nothing herein shall be construed to prevent the Planning Board from
granting a one (1) year extension of final major subdivision approval,
pursuant to said statutes, not to exceed three (3) one (1) year extensions.
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief, pursuant
to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within one hundred twenty (120) days after submission
by filing by the applicant of a complete application with the Planning
Board Administrative Officer or within such further time as may be
concurred 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 Planning Board Administrative Officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant.
[Ord. #94-16, Appx. A]
a.
The Planning Board shall grant or deny an application for a conditional
use within ninety-five (95) days of submission by filing of a complete
application by an applicant with the Planning Board Administrative
Officer, or within such further time as may be consented to by the
applicant.
b.
The review by the Planning Board of a conditional use shall include any required site plan review, pursuant to N.J.S.A. 40:55D-1 et seq. (Municipal Land Use Law). The time period for action by the Planning Board on conditional uses pursuant to § 25-700.6.6a above shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
c.
In the event that an application for a conditional use is found to
be incomplete, the applicant shall be notified thereof within forty-five
(45) days of the filing of such application, or it shall be deemed
to be properly submitted.
The Chairman of the Planning Board shall appoint a Site Plan
Review Committee composed of five (5) persons who shall be members,
qualified employees of or advisors to the Planning Board. The Site
Plan Review Committee shall review all site plan applications and
make recommendations thereon to the Planning Board.
[1]
Editor's Note: Former Subsection 25-700.6.8, Subdivision Committee,
previously codified herein was repealed in its entirety by Ordinance
No. 94-16.
a.
Prior to the adoption of a development regulation, revision or amendment
thereto, the Planning Board shall make and transmit days after referral
a report including recommendations concerning the proposed development
regulations, amendment and revision. The City Council, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the report of the Planning Board and may disapprove or
change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reason for not following
the recommendations. Failure of the Planning Board to transmit its
report within the thirty-five (35) day period provided herein shall
relieve the City Council from the requirement of this paragraph in
regard to the proposed development regulations, revision or amendment
thereto referred to the Planning Board.
Prior to the hearing on adoption of an ordinance providing for
Planning Board approval of either subdivisions or site plans, or both,
or of any amendment thereto, the City Council shall refer any such
proposed ordinance or amendment to the Planning Board.
a.
The Mayor may appoint one (1) or more persons as a Citizens'
Advisory Committee to assist 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.
b.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and the Board of Adjustment an index of the
natural resources of the municipality, the Planning Board or the Board
of Adjustment shall make available to the Environmental Commission
an informational copy of every application for development submitted
to either Board. Failure of the Planning Board or Board of Adjustment
to make such informational copy available to the Commission shall
not invalidate any hearing or proceeding.
a.
Contents. The prospective mortgagee, or any other person interested
in any land which forms part of a subdivision, or which formed part
of such subdivision three (3) years preceding the date of the adoption
of this Ordinance, may apply in writing to the Secretary of the Planning
Board for issuance of a certificate certifying whether or not such
subdivision has been approved by the City of Ocean City Planning Board.
Such application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name
of the owner thereof. The Secretary shall make and issue such certificate
within fifteen (15) days after the receipt of such written application
and the fees therefor, and shall keep a duplicate copy of each certificate
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record. Each such certificate shall be
designated as "Certificate as to Approval of Subdivision of Land"
and shall certify:
1.
That there exists in the City of Ocean City a duly established
Planning Board and that there is an ordinance controlling subdivision
of land adopted under statutory authority;
2.
That the subdivision, as it relates to the land shown in said
application, has been approved by the Board and shall state the date
of such approval, together with any extensions and terms thereof.
b.
Fees. The Secretary of the Planning Board shall receive for
such certificate issued a reasonable fee as provided for by ordinance.
The fees collected shall be paid to the City of Ocean City.
c.
Right of Owner of Land Covered by Certificates.
1.
Any person who shall acquire for a valuable consideration an
interest in the lands covered by a certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the City of Ocean City, pursuant to N.J.S.A. 40:55D-55.
2.
If the Secretary fails to issue a certificate within fifteen
(15) days after receipt of an application and the fees therefor, the
person acquiring an interest in the lands described in such application
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the City, pursuant to the statutory
provisions.
3.
Any such application addressed to any City officer shall be
deemed to be addressed to the Secretary of the Planning Board.
