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.
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 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 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.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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, P.L. 1975.[2] 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. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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 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 use as provided for in the rules of the Board.
[Amended 3-8-1977; 1-22-1985; 12-30-1988; 6-27-1989; 2-13-1990; Ord. No. 1999-14; 2-14-2006 by Ord. No. 2006-5]
A. 
Fees. The application fee for sketch plans and major and minor subdivisions and major and minor site plan applications for hearings before the Planning Board and Zoning Board of Adjustment shall be as follows. Application fee and escrow funds shall be used to reimburse professional fees, including meeting time, and additional administrative costs over and above attendance at meetings and routine administrative and office expense.
(1) 
Application fee. Each applicant for development within the Borough shall be responsible for the payment of a nonrefundable application fee as particularly set forth in the within subsection and incorporated herewith.
(2) 
Escrow fees. In additional to the payment of the nonrefundable application fee, each application must be accompanied by deposit of escrow funds to reimburse the Borough for the direct cost of professional services, including but not limited to engineering, planning, legal and other expenses incurred during the review of and the hearings on the within application.
[Amended 12-11-2007 by Ord. No. 2007-14]
(3) 
Schedule of application and escrow fees.
[Added 12-11-2007 by Ord. No. 2007-14]
Classification
Application Fee
Escrow Fee
Initial consultation and concept plan review
None
$500
Initial fee escrow and completeness determination
None
$500
Informal sketch subdivision plat or sketch site plan
$200
$500
Minor subdivision application
$750
$1,500
Plus Tax Map revision
$500
Minor Site Plan Application
$750
$1,500
Preliminary Major Subdivision Application
$1,000
$2,500
Final major subdivision application
$400
$1,500
Plus Tax Map revision
$200 per lot
Preliminary major site plan application
$1,000
$2,500
Final major site plan application
$400
$1,500
Plus Tax Map revision for condominiums
$200 per unit
Amended plan approval applications
1/2 original application fee
$500
Conditional use application
$400
$750
Bulk (c) variance application
$125 each variance
$750
Use (d) variance application
$500
$1,500
Completeness waiver request
$100/each
$500
Extension of time application
$200
$500
Appeals and requests for interpretation
$200
$500
Copies of transcripts and tapes
-
$200
Decisions and resolutions
-
$200
Resolution compliance review
None
$750
Zoning permit requests
$35
-
List of property owners
$10
-
Publication of final decisions
$35
-
B. 
Additional fee for special meetings. Every applicant who requests and obtains a special meeting in connection with any application for development or appeal shall pay to the Borough of Bradley Beach an additional fee of $750 and post an additional escrow as required and determined by the administrative officer of the Board upon consultation with Board professionals.
C. 
Professional review fees. Every applicant shall be responsible for paying all costs and fees charged by the Board Engineer for reviewing any plats, plans and other documents submitted in connection with any application and the costs of the Board Attorney for the preparation of any resolutions, work on said applications, research and attendance at the Board meetings. Upon receipt of an application, the administrative officer shall contact the Board Engineer and obtain an estimate of the Engineer's costs and fees for reviewing the application and supporting documents. The administrative officer shall immediately notify the applicant of the estimate, and the applicant shall deposit the amount of the estimate with the administrative officer, provided that the estimate exceeds the amount set forth in this section. The administrative officer shall pay out of the moneys so deposited all bills submitted by the Board Engineer and Board Attorney in connection with the application. In the event the deposit exceeds the professional bills, the excess shall be returned to the applicant within 60 days after final action on the within application. In the event the professional bills exceed the deposit, the administrative officer shall immediately notify the applicant, who shall immediately deposit an additional sum sufficient to satisfy the excess.
D. 
Engineering resolution compliance fee (post approval). Upon approval of an application by the appropriate Board, the Board Engineer shall, prior to signing of the plans by the Chairman and Secretary and prior to issuance of any building permits, review the application as approved and any revised plans and supplemental documents submitted by the applicant to verify that all conditions of approval have been met. Upon completion of all improvements and prior to issuance of a certificate of occupancy, the Board Engineer shall conduct a final inspection to verify all improvements have been constructed in compliance with the approved plans and that all conditions of approval have been met. After memorializing of the resolution of approval, the applicant shall deposit the sum of $750 with the administrative officer in escrow to cover the Engineer's costs and fees necessary for resolution compliance review and approval. In the event the deposit exceeds the Engineer's bills, the excess shall be returned to the applicant within 60 days of compliance approval by the engineer. In the event the Engineer's bills exceed the deposit, the administrative officer shall immediately notify the applicant, who shall deposit an additional sum sufficient to cover the excess.
[Amended 12-11-2007 by Ord. No. 2007-14]
E. 
Additional review fees. Any additional fees incurred by the Board Engineer or Board Attorney relative to review of any documents, post approval, including but not limited to amendments to site plan, meetings before the Planning Board, review of any documents from the Monmouth County Planning Board or any additional municipal, county, state or federal agency, shall be billed to the applicant. The administrative officer shall pay out of the money so deposited all bills submitted by the Board Engineer or Board Attorney in connection with any subsequent review.
F. 
Every applicant for development shall be responsible for paying all costs and fees incurred by the professional consultants retained by or on behalf of the Borough and/or its boards, commissions or agencies in reviewing, testifying and/or assisting the Borough in processing applications and/or assisting the Borough in the evaluation, planning and proper design of municipal services and facilities necessary to accommodate the present or anticipated needs of the proposed development.
G. 
Upon the request of the applicant, in writing, the appropriate administrative officer of the respective Board shall provide the applicant with a detailed list of all charges and disbursements made from the applicant's escrow account.
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, P.L. 1953, c. 38 (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. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, 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.
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 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 municipality 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 said current tax duplicate or his agent in charge of the property; or
(2) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required.
(3) 
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 Subsection B 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 Municipal Clerk pursuant to Section 6b of c. 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G. 
All notices hereinabove specified in this section 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. 
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 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal 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 § 60-31B.
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 this 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.
[Amended 9-26-1985]
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 of the Planning Board or Zoning Board of Adjustment, as the case may be, with charges for same to be paid by the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for the development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that so taxes or assessments for local improvements are due or delinquent on the property which is the subject of such applications; or, if it is shown that taxes or assessments are delinquent on said property, any approval or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.