A.
Establishment. There is hereby established pursuant
to Chapter 291, P.L. 1975, N.J.S.A. 40:55D-23 et seq., in the Borough
of Eatontown a Municipal Planning Board of nine members consisting
of the following four classes:
(1)
Class I: the Mayor.
(2)
Class II: one of the officials of the municipality
other than a member of the governing body to be appointed by the Mayor;
provided that the member of the Environmental Commission who is also
a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall
be 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 or alternate members.
[Amended by Ord. No. 3-80]
(3)
Class III: a member of the governing body to be appointed
by the Borough Council.
(4)
Class IV: six other citizens of the Borough to be
appointed by the Mayor.
B.
The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. A
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Planning Board member unless there be among the Class IV or alternate
members of the Planning Board both a member of the Zoning Board of
Adjustment and a member of the Board of Education, in which case the
member of the Environmental Commission shall be deemed to be a Class
II member of the Planning Board.
[Amended by Ord. No. 3-80]
C.
Alternate members.
[Amended by Ord. No. 3-80; 9-22-2021 by Ord. No. 26-2021]
(1)
There
shall be two alternate members who shall be citizens of the Borough
and appointed by the Mayor. Alternate members shall meet the requirements
of Class IV members and upon appointment shall be designated as Alternate
No. 1 and Alternate No. 2.
(2)
Alternate
members may participate in all Planning Board matters but may not
vote except in the absence or disqualification of a regular member
of any class member of the Planning Board. If a choice must be made
as to which alternate member is to vote, Alternate No. 1 shall vote.
(3)
An alternate
member may, after public hearing if one is requested, be removed by
the Borough Council for cause.
D.
Terms.
[Amended by Ord. No. 25-95]
(1)
The term of the Mayor as the Class I member shall
correspond to the Mayor's official tenure. The term of the Mayor's
designee as the Class I member shall be at the pleasure of the Mayor
during 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, 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 years or terminate
at the completion of their term of office as a member of the Environmental
Commission, whichever occurs first.
(2)
The term of a Class IV member who is also a member
of the Board of Adjustment or Board or Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent, the expiration of such term shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the governing body, provided, however, that no term
of any member shall exceed four years and further provided that nothing
herein shall affect the term of any present member of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years except as otherwise
hereinabove provided. All terms shall run from January 1 of the year
in which the appointment is made.
(4)
The
terms of the alternate members shall be for two years except that
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year.
[Added 9-22-2021 by Ord.
No. 26-2021]
(5)
A vacancy
of an alternate member occurring otherwise than by expiration of term
shall be filled by the Mayor for the unexpired term only.
[Added 9-22-2021 by Ord.
No. 26-2021]
E.
Vacancies. If a vacancy in any class shall occur otherwise
than by expiration of the term, it shall be filled by appointment
as above provided for the unexpired term.
F.
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman both from the members of Class IV and
select a Secretary who may either be a member of the Planning Board
or a municipal employee designated by the Board.
A.
Establishment. There is hereby established a Zoning
Board of Adjustment pursuant to N.J.S.A. 40:55D-69 et seq. of seven
members who shall be residents of the Borough of Eatontown appointed
by the Mayor with the consent of the Council to serve for terms of
four years from January 1 of the year of their appointment.
B.
Alternate members.
[Amended by Ord. No. 3-80]
(1)
There shall be four alternate members on the Board
of Adjustment to be appointed by the Mayor. Alternate members shall
be designated at the time of appointment by the Mayor as Alternate
One, Alternate Two, Alternate Three, and Alternate Four. The term
of each alternate member shall be two years, except that the first
term for Alternate Three shall be one year and, upon reappointment
or subsequent appointment of Alternate Three, said member shall have
a two-year term thereafter.
[Amended 12-6-2006 by Ord. No. 36-2006]
(2)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member. 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
No. 1 shall vote.
C.
Terms.
(1)
The term of the members first appointed shall be so
determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment; provided that the initial term of no member
shall exceed four years. No more than two members may be appointed
to the Board of Adjustment to fill four-year terms in any given year.
(2)
Nothing in this chapter, however, shall be construed
to affect the term of any present member of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
(3)
No member of the Zoning Board of Adjustment may hold
any elected office or position under the municipality.
D.
Vacancy. A vacancy occurring otherwise than by expiration
of term shall be filled for the expired term only.
E.
Organization of the Board. The Zoning Board of Adjustment
shall elect a Chairman and Vice Chairman from its members and shall
also select a Secretary who may be either a Board member or another
municipal employee designated by the Board.
A.
The boards shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance or 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.
B.
All members of the boards shall serve without compensation.
C.
A member of either the Planning Board or the Zoning
Board who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence from one or more of the
meetings; provided, however, that such board member has available
to him the transcript or recording of all of the hearing from which
he was absent, and certifies in writing to the board that he has read
such transcript or listened to such recording.
[Amended by Ord. No. 3-80]
D.
Conflict of interest. Whenever the performance of
his official duties shall require any member of the boards to deliberate,
vote or act upon any matter involving his financial or personal interest,
either directly or indirectly, he shall publicly disqualify himself
from participating in the deliberations, absenting himself from the
physical location of such deliberations, as well as from voting thereon;
and he shall not participate in any discussion or decision relating
thereto.
E.
A condition for any approval by the boards shall be
the certification by the Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the property for which
the application is made.
F.
Meetings.
(1)
Regular meetings of the Zoning Board of Adjustment
and the Planning Board shall be scheduled not less than once each
month and shall be held as scheduled unless canceled for lack of applications
for development to process. Either board may provide in its rules
and regulations for special meetings, at the call of the chairman,
or on the request of any two of its members, which shall be held on
notice to its members and the public in accordance with the notice
provisions of state and municipal regulations.
(2)
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by a majority vote
of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34,
40:55D-62, 40:55D-63, 40:55D-17e, 40:55D-26a and b, and 40:55D-70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for governing bodies.
[Amended by Ord. No. 3-80; Ord. No. 18-86]
(3)
All regular meetings and all special meetings shall
be open to the public. Notice of such meetings shall be given in accordance
with the Open Public Meetings Act, Chapter 231, Laws of 1975.[1] All meetings and business conducted by and before the
boards shall be in accordance with the Open Public Meetings Act, Chapter
231, Laws of 1975.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
G.
Minutes. 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
Administrative Secretary. Any interested party shall have the right
to compel the production of the minutes for use as evidence in any
legal proceedings concerning the subject matter of such minutes. Such
interested party may be charged a reasonable fee for reproduction
of the minutes for his use.
H.
Hearings.
(1)
The Planning Board and the Zoning Board of Adjustment
shall hold a hearing on each application for development, or adoption
or amendment of the Master Plan, within their jurisdiction. The municipal
agency shall provide for the verbatim recording of the proceedings
by either stenographer, mechanical or electronic means. The municipal
agency shall furnish a transcript, or duplicate recording in lieu
thereof, on request to any interested party at his expense. If the
municipal agency elects to make available a tape recording of the
proceedings, the recording shall be delivered to a certified reporter
of the interested party's choice, for a reasonable length of time,
and upon completion of the transcription, the certified reporter shall
return the recording tape directly to the Secretary of the municipal
agency. The cost of the transcription shall be paid directly by the
interested party to the certified reporter.
[Amended by Ord. No. 10-82]
(2)
Each of the boards shall make the rules governing
such hearings consistent with the provisions of N.J.S.A. 40:55D-1
et seq. Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Administrative Secretary. The applicant may produce
other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at any 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.
(4)
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.
(5)
Technical rules of evidence shall not be applicable
to the hearing, but the board may exclude irrelevant, immaterial or
unduly repetitious evidence.
(6)
(Reserved)
[Amended by Ord. No. 10-82]
(7)
Decisions and findings.
[Amended by Ord. No. 3-80]
(a)
Each decision on any application for development shall
be in writing and shall include findings of facts and legal conclusions
based thereon.
(b)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(c)
The board may provide such written decision and findings
and conclusions either on the date of the meeting at which the board
takes action to grant or deny approval, or, if the meeting at which
such action is taken occurs within the final 45 days of the applicable
time period for rendering a decision on the application for development,
within 45 days of such meeting by the adoption of a resolution of
memorialization setting forth the decision and the findings and conclusions
of the board thereon. An action resulting from the failure of a motion
to approve an application shall be memorialized by resolution as provided
above, notwithstanding that the time at which such action is taken
occurs within the applicable time period for rendering a decision
on the application.
(d)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the board who voted for the action previously taken, and no other
member shall vote thereon. The vote on such resolution shall be deemed
to be a memorialization of an action of the board, and not to be an
action of the board; except that failure to adopt such a resolution
within the forty-five-day period shall result in the approval of the
application for development notwithstanding any prior action taken
thereon.
(e)
Whenever a resolution of memorialization is adopted
in accordance with this paragraph, the date of such adoption shall
constitute the date of the decision for purposes of the mailings,
filings and publications required by the following paragraphs of this
subsection.
(8)
A copy of the decision shall be mailed by the reviewing
board within 10 days of the date of decision to the applicant, or,
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the reviewing board in
the office of the Administrative Secretary. The Administrative Secretary
shall furnish a copy of such file decision 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 and shall
make it available for public inspection at the office during reasonable
hours.
(9)
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there be one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant. The period of time in which an
appeal of the decision may be made shall run from the first publication
of the decision.
I.
Notice of hearings.
(1)
Contents. Notices of hearings shall state the date,
time and place of the hearing, the nature of the matters to be considered
and in the case of notices of application, an 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 are sought are
available for review by the public.
(2)
Responsibility. Notice of hearings shall be given
by the applicant at least 10 days prior to the date of hearing.
(3)
When required.
[Amended by Ord. No. 3-80]
(a)
Public notice of hearing on all applications for development
shall be given, except in the case of application for approval of
a final plat of a major subdivision; provided, however, that the Planning
Board may waive the giving of public notice in connection with minor
subdivision, preliminary site plan, or final site plan approval if
in its judgement such notice is not required to protect the public
interest or the interest of adjacent property owners. In determining
whether to grant such waiver, the Board shall consider whether the
proposed subdivision or use will tend to:
[1]
Increase the need for off-street parking.
[2]
Generate additional vehicular traffic.
[3]
Increase noise or exterior artificial lighting
requirements.
[4]
Increase the risk of fire, explosion, or other
damage to adjacent owners.
[5]
Differ markedly from the character of the existing
uses in the immediate area from either an aesthetic or safety standpoint.
(b)
Provided, further, however, that public notice shall always be required whenever relief is requested under § 89-11H or § 89-12D of this chapter, or whenever a variance is involved. Public notice shall be given in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
(4)
Method of notice. Notice shall be given by:
(a)
Serving a copy thereof on the property owner as shown
on said current tax duplicate or his agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate. 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)
The notice requirement of this subsection shall be
deemed satisfied by notice to a condominium association, in the case
of any unit owner whose unit has a unit above or below it, or a horizontal
property regime, in the case of any co-owner whose apartment has an
apartment above or below it. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as on a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas.
[Amended by Ord. No. 3-80]
(5)
Furnishing of lists. Upon the written request of any applicant the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to § 89-7I(6) of this chapter. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
[Amended by Ord. No. 3-80; Ord. No. 6-86]
(6)
Distribution of notice.
[Amended by Ord. No. 3-80]
(a)
Whenever public notice is required a notice shall
also be given:
[1]
To the owners of all real property as shown
on the current tax duplicate, located in the state and within 200
feet in all directions of the property which is the subject of such
hearing. This includes real property owners in adjoining municipalities.
[2]
To the clerk of any adjoining municipality whenever
the application for development involves property located within 200
feet of said adjoining municipality.
[3]
To the County Planning Board whenever the application
for development involves property adjacent to an existing county road
or proposed road shown on the Official County Map or on the County
Master Plan or adjoining other county land or situated within 200
feet of a municipal boundary.
[4]
To the Commissioner of Transportation whenever
the application for development involves property adjacent to a state
highway.
[5]
To the State Planning Commission whenever the
application for development involves property which exceeds 150 acres
or 500 dwelling units. Such notice to the Director shall include a
copy of any maps or documents required to be on file prior to the
hearing of the application for development.
[Amended by Ord. No. 18-86]
(7)
Proof of service. The applicant shall file an affidavit
of proof of service with the reviewing board holding the hearing on
the application for development.
(8)
Effect of mailing notice. Any notice of hearing made
by certified mail shall be deemed complete upon mailing.
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 and without compensation.
Whenever the Environmental Commission 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.
