Asbury Park City Zoning Code
ARTICLE III
Development Administration and Enforcement
§ 30-21.1 Establishment and Membership.
[2000 Code § 30-21.1; Ord. No. 2572; Ord. No. 2016-54]
The Planning Board previously established is hereby continued pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and shall consist of nine (9) members of the following four (4) classes:
Class I-The Mayor.
Class II-One (1) of the officials of the City 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 members.
Class III-A member of the Governing Body to be appointed by it.
Class IV-Six (6) citizens of the City to be appointed by the Council. The members of Class IV shall hold no other municipal office. 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.
§ 30-21.2 Terms.
[2000 Code § 30-21.2]
The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Class II and Class III shall be for one (1) 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 (3) years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.
The term of all other Class IV members shall be four (4) years.
§ 30-21.3 Alternates.
[2000 Code § 30-21.3]
The Planning Board may, upon appointment by the Council, include two (2) alternate members. Alternate members shall meet the qualifications of Class IV membership as provided in § 30-21 of this chapter, except that an alternate member may also be a member of either the Zoning Board of Adjustment or the Board of Education. If both of the alternate members of the Planning Board are also members of either the Zoning Board of Adjustment or the Board of Education, a regular member of the Planning Board, who is also a member of the Environmental Commission, shall be deemed a Class II member of the Planning Board. Alternate members shall be designated at the time of appointment by the Council as "Alternate No. 1" and "Alternate No. 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.
No alternate member shall be permitted to act on any matter in which he/she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings but shall 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 No. 1 shall vote.
§ 30-21.4 Vacancies.
[2000 Code § 30-21.4]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
§ 30-21.5 Organization.
[2000 Code § 30-21.5]
The Planning Board shall elect a Chairman and Vice-Chairman from the members of Class IV, select a Secretary, who may or may not be a member of the Planning Board or a City employee, and create and fill such other offices as established by ordinance.
§ 30-21.6 Powers and Duties.
[2000 Code § 30-21.6]
a.
To make, adopt and amend a Master Plan for the physical development of the City in accordance with the provisions of N.J.S.A. 40:55D-28.
b.
Approve or deny applications for development in accordance with the provisions of this chapter.
c.
Approve or deny conditional use applications in accordance with the provisions of this chapter pursuant to N.J.S.A. 40:55D-67.
d.
Prepare and recommend for adoption an Official Map pursuant to N.J.S.A. 40:55D-32.
e.
Prepare, when authorized by the Governing Body, a capital improvement program pursuant to N.J.S.A. 40:55D-29.
f.
Participate in the preparation and review of programs or plans required by State or Federal law or regulation.
g.
Assemble data on a continuing basis as part of a continuous planning process.
h.
Consider and make a report to the Governing Body within thirty-five (35) days after referral, as to any proposed development regulation submitted to the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also to 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).
i.
When reviewing applications for development, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70(c).
j.
Review and approve or deny site plans or conditional uses simultaneously with the review for subdivision approval without the applicant being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, site plan or conditional use approval shall apply.
k.
Grant exceptions from all standards and procedures set forth in this chapter for good and sufficient reason, except as follows: (1) any standards or procedures set forth in the Municipal Land Use Law; (2) any standards and procedures set forth in Article VI of this chapter, except as provided in Subsection i. above; (3) exceptions to signs, fences and parking requirements not part of any application for site plan or subdivision approval.
l.
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.
§ 30-22.1 Establishment.
[2000 Code § 30-22.1; amended 2-14-2024 by Ord. No. 2024-1]
The Zoning Board of Adjustment previously established is hereby continued pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq., and shall consist of seven (7) residents of the City appointed by the Governing Body to serve for terms of four (4) years. The Governing Body shall also appoint two (2) alternate members. Alternate members shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be two (2) years.
No member of the Zoning Board of Adjustment may hold any elective office or position under the City. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
§ 30-22.2 Officers.
[2000 Code § 30-22.2]
The Board of Adjustment shall elect a Chairman and Vice-Chairman from its members and shall select a Secretary who may or may not be a member of the Board or a municipal employee.
§ 30-22.3 Powers and Duties.
[2000 Code § 30-22.3]
The Board of Adjustment shall have the power 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 official based on, or made in the enforcement of Article VI of this chapter.
b.
Hear and decide requests for interpretation of the Zoning Map or Article VI of this chapter, or for decisions upon other special questions upon which the Board is authorized to pass upon by this chapter.
c.
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 where:
1.
By reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property.
2.
In an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from this chapter; provided, however, that no variance enumerated in Subsection d below be granted under this §; and, provided further 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 N.J.S.A. 40:55D-60(a).
d.
In particular cases and for special reasons, grant a variance to: (1) allow a structure or use in a district restricted against such structure or use; (2) an expansion of a nonconforming use; (3) deviation from a specification or standard pursuant to a conditional use; (4) an increase over the maximum permitted floor area ratio; (5) an increase over the maximum permitted density except as applied to the required lot area for a lot or lots for detached one- or two-family dwellings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this § shall be granted only by affirmative vote of at least five (5) members of the Board.
No variance or other relief may be granted under the provisions of Subsection d above unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purposes of the zone plan and Article VI of this chapter. Any application under this section 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.
The Zoning Board of Adjustment shall also have the power to:
e.
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.
f.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
g.
Grant to the same extent, and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a variance pursuant to Subsection d above. In exercising its power, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the officer from whom the appeal was taken.
§ 30-22.4 Temporary Use Approvals.
[2000 Code § 30-22.4]
Temporary Use Approvals may be authorized by the Board of Adjustment after a hearing for a period not to exceed one (1) year for structures and uses in contravention of this chapter. The Board shall insure that the proposed temporary use or structure will not adversely affect adjacent properties or the character of the neighborhood in which it is located and shall use the criteria for evaluation set forth in Subsection d of § 30-22.3.
§ 30-23.1 Conflicts of Interest.
[2000 Code § 30-23.1]
No member of the Boards shall act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, he/she shall not continue to sit with the Board on the hearing of such matter and not participate in any discussion or decisions relating thereto.
§ 30-23.2 Compensation.
[2000 Code § 30-23.2]
All members of the Boards shall serve without compensation.
§ 30-23.3 Attorneys.
[2000 Code § 30-23.3]
Each Board shall appoint an attorney who shall advise the Board or Boards during meetings and public hearings regarding this chapter and the Municipal Land Use Law. The same attorney may be appointed by both Boards.
§ 30-23.4 Experts and Staff.
[2000 Code § 30-23.4]
Each Board may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts and grants, the amount appropriated by the Governing Body for its use.
§ 30-23.5 Bylaws.
[2000 Code § 30-23.5]
The Boards shall adopt such rules, regulations and bylaws 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 (N.J.S.A. 2A:67-1 et seq.) shall apply.
§ 30-23.6 Meetings.
[2000 Code § 30-23.6]
a.
Meetings of each Board shall be scheduled at least once a month, unless canceled for lack of applications.
b.
Special meetings may be provided for at the call of the Chairman or on the request of any two (2) 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 provisions of the Municipal Land Use Law (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 Meeting Act (N.J.S.A. 10:4-6 et seq.).
§ 30-23.7 Minutes.
[2000 Code § 30-23.7]
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 represented by counsel; 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 Board Secretary.
§ 30-23.8 Meeting Attendance of Applicants.
[Added 12-27-2018 by Ord. No. 2018-39]
If an application is scheduled to be heard, the applicant shall notify the Board Secretary a minimum of two business days before the scheduled hearing date if said applicant desires to postpone the hearing, in writing. In additional, the applicant, at the discretion of the Chair, is required to have a representative appear before the Board to state, for the official record, why the postponement is requested. The Board may, at its discretion, grant the postponement or deny the application without prejudice. The Board may, at its discretion, require renotification of the application if a postponement is granted.
§ 30-24.1 Fees for Applications or Services.
[2000 Code § 30-24.1]
Fees for applications or for the rendering of any services by the Planning Board, Zoning Board and Technical Review Committee, or any member of their administrative staff shall be stated in this section.
§ 30-24.2 Fee Schedule.
[2000 Code § 30-24.2; Ord. No. 2015-52, Ex. A; amended 5-22-2024 by Ord. No. 2024-18]
Application Type | Application Fee | Escrow Fee |
|---|---|---|
Appeals and Interpretation | $1,000 | $5,000 |
Conceptual/ Informal Reviews | $1,000 for all Applicants | $5,000 for all Applicants |
Variances (Bulk) | ||
A) Single and Two Family Uses | $500 per each Variance requested | $1,000 per each Variance requested |
B) Multifamily | $1,000 per each Variance requested | $1,500 per each Variance requested |
C) Nonresidential | $1,000 per each Variance requested | $1,500 per each Variance requested |
Variances (Use) | ||
A) Single and Two Family Uses | $1,000 per each Variance requested | $1,500 per each Variance requested |
B) Multifamily | $1,500 per each Variance requested | $2,000 per each Variance requested |
C) Nonresidential | $1,500 per each Variance requested | $3,000 per each Variance requested |
Conditional Use Permit | $1,000 per each Variance requested | $3,000 per each Variance requested |
Subdivision | ||
A) Minor/Sketch Plat | $1,000 plus $100 per lot | $3,000 per each Variance requested |
B) Major Subdivision | ||
Preliminary Review | $2,000 plus $100 per lot | $3,000 |
Final Review | $1,000 plus $50 per lot | $2,000 |
Site Plan Review | ||
A) Minor Development | ||
Residential | $500 | $3,000 |
Nonresidential | $500 | $3,000 |
B) Major Development | ||
(1) Residential Preliminary Review | $1,000 plus $100 per unit | $3,000 |
Final Review | $500 plus $50 per unit | $2,000 |
(2) Nonresidential Preliminary Review | $1,500 | $3,000 |
Final Review | $750 | $2,000 |
C) Conceptual Site Plan Review | $1,000 | $5,000 |
Special Meeting Fee | $3,000 | $500. |
Plan Amendment | $500 | $5,000. |
§ 30-24.3 Fees; Payment Due.
[2000 Code § 30-24.3; Ord. No. 2015-52, Ex. A]
Fees shall be paid at the time the application is filed and no application shall be deemed complete until the administrative officer certifies in writing that all required fees have been paid. In the event the application is for more than one (1) category of relief or action, the application and escrow fees shall consist of the sum of the fees for each category.
§ 30-24.4 Miscellaneous Charges.
[2000 Code § 30-24.4; Ord. No. 2647; Ord. No. 2654; Ord. No. 2015-52, Ex. A]
Any miscellaneous charges or expenses incurred by the Planning Board or Zoning Board of Adjustment or Technical Review Committee and not covered by application or professional escrow fees shall be paid by the applicant.
§ 30-24.5 Escrow Deposits: When Required.
[2000 Code § 30-24.5; Ord. No. 2589; Ord. No. 2015-52, Ex. A]
Escrow fees shall be deposited at the time an application is filed for one (1) or more categories listed in this section. The maximum initial deposit shall consist of an amount not exceeding five thousand ($5,000.00) dollars, except for applications in a redevelopment zone within the City of Asbury Park (redevelopment application). The initial escrow amount for such a redevelopment application shall be governed by the redevelopment agreement in place. Absent such an agreement, this section shall continue to govern. Applicants shall supplement the escrow deposit, as required, to cover the costs of professional services provided in the review of an application.
§ 30-24.6 Professional Services Covered by Escrow Deposits.
[2000 Code § 30-24.6; Ord. No. 2647; Ord. No. 2654; Ord. No. 2015-52, Ex. A]
Professional services contemplated hereunder shall include, but not be limited to the following:
a.
Director of Planning and Redevelopment.
b.
Zoning Officer.
c.
Assistant City Planner.
d.
City Engineer.
e.
City Attorney.
f.
Construction Official.
g.
Attorneys engaged by the Planning and Zoning Boards and Technical Review Committee.
h.
Professional planners, consultants, and advisors to the Planning Board, Zoning Board of Adjustment or Technical Review Committee.
i.
Any other professional or consultant hired or engaged by the Planning Board, Zoning Board of Adjustment or Technical Review Committee to aid and assist them in reviewing, evaluating and acting upon development applications, including the hiring of experts for reports and testimony, if deemed appropriate and necessary.
j.
Professional Court Reporter/Stenographer.
§ 30-24.7 Disbursement of Escrow Funds.
[2000 Code § 30-24.7; Ord. No. 2015-52, Ex. A]
a.
After final disposition of an application by a Board or the Technical Review Committee and pursuant to follow-up inspections for construction of required improvements, the professionals involved shall submit to the administrative officer a detailed statement of services rendered and the charge thereof. The administrative officer shall review and verify each statement and send a copy of the requisition for the approved amount to the applicant by certified mail for review. The applicant shall file any objection to the charges, and request a hearing in writing before the Board with which the application was originally filed, within ten (10) days of receipt of the copy of the requisition. If no written objection is received within ten (10) days, the requisition shall be transmitted to the Finance Department for payment out of the escrow account.
b.
All deposits of escrow funds shall be governed in accordance with N.J.S.A. 40:55D-53.1.
c.
Any funds not needed for the above purposes shall be returned to the applicant after final disposition of the approving authority.
d.
In the event that the funds deposited by the applicant are found to be insufficient to cover the approved professional costs and expenses, the applicant, upon notice, shall be required to deposit additional funds in the escrow account so that all such expenses are paid.
§ 30-24.8 Unpaid Escrow and Professional Fees; Fee to Become Lien.
[Added 6-26-2024 by Ord. No. 2024-23]
a.
If any applicant before the Planning Board or the Zoning Board becomes ninety (90) days deficient in paying any required escrow or supplemental escrow for the payment of the City's professional fees, the Board Secretary shall provide a certification to the City Clerk setting forth:
b.
Upon receipt of the certification of the Board Secretary as set forth in § 30-24.8a, the City Clerk shall advise the governing body by providing it with a copy of the Board Secretary's certification.
c.
If the governing body chooses to impose a lien on the subject property to the extent of the unpaid escrow, it shall advise the property owner, in writing, at least ten (10) days before the Council Meeting at which such action will be taken.
d.
If the escrow remains unpaid by the expiration of the ten (10) days as set forth in the preceding section, the governing body may adopt a resolution to assess the property owner the amount of the unpaid escrow, such amount to be added to the property owner's tax bill and it shall be a lien against the taxpayer's subject property.
e.
This procedure is not intended to relieve the applicant or property owner from paying the required escrow bills. Rather, this section is designed to provide an additional mechanism to collect unpaid escrow bills.
f.
If any application to either the Planning Board or the Zoning Board is made by other than the owner of the property, in addition to the owner of the property providing its consent for the applicant to proceed, the owner shall also provide a written statement to the Board, indicating its awareness that, if any escrow bills are not paid, the City may impose a lien for the same and add the unpaid escrow bill(s) to the real estate taxes of that property.
§ 30-24.9 Exemptions.
[2000 Code § 30-24.8; Ord. No. 2647; Ord. No. 2015-52, Ex. A; amended 6-26-2024 by Ord. No. 2024-23]
The provisions of this chapter shall not apply to development applications involving the construction, alteration or expansion of single and two-family dwellings when such development does not require relief from the Zoning Board of Adjustment, the Technical Review Committee or when such development is not part of a planned development.
§ 30-29.1 Rules; Testimony and Records.
[2000 Code § 30-29.1]
a.
Rules. The Boards shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law (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/she may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Boards may exclude irrelevant, immaterial or unduly repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the proceeding by either stenographic, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his/her expense.
f.
Maps and Documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the offices of the Board 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.
§ 30-29.2 Notice Requirements for Hearings.
[2000 Code § 30-29.2]
a.
Public Notice. Public notice of a hearing shall be given in the following cases:
1.
Application for preliminary approval of a major subdivision.
2.
Application which requires a variance, whether before the Planning Board or Board of Adjustment.
3.
Application for major development approval.
4.
At any other time the Board shall require notice as part of an application, hearing or other act the Board deems fit for the application to re-notice in the interest of the public.
[Added 12-27-2018 by Ord. No. 2018-39]
b.
Public Notice Procedures.
1.
Public notice shall be given by publication in the official newspaper of the City at least ten (10) days prior to the date of the hearing. Such notice shall be arranged by the applicant.
2.
Notice shall be given to the owners of all real property located within two hundred (200) feet in all directions of the perimeter of the subject property, as shown on the current tax duplicate, whether such real property is located within or without the City. Such notice shall be given by: (a) serving a copy thereof on the owner as shown on the current tax duplicate or his/her agent in charge of the property; or (b) mailing a copy thereof by certified mail to the property owner at his/her address as shown on the current tax duplicate. Notice to a corporate owner may be served 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.
Other Notices Required.
1.
Notices of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection b of § 30-29.2 to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
2.
Notice shall be given by personal service or certified mail to the County Planning Board of hearings on applications for development of property (a) adjacent to an existing or proposed County road shown on the Official County Map or on the County Master Plan; (b) adjoining other County land; or (c) situated within two hundred (200) feet of a municipal boundary.
3.
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.
4.
Notice shall be given by personal service or certified mail to the Director of the State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the City Clerk pursuant to N.J.S.A. 40:55D-10(b).
5.
Notice of hearings on the Master Plan, capital improvements program or Official Map shall be given in accordance with N.J.S.A. 40:55D-13 and N.J.S.A. 40:55D-15, respectively.
d.
Time for Service. All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing.
e.
Method of Service. Any notice made by certified mail as hereinabove required shall be deemed as complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
f.
Form of Notice. All required notices 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 Tax Assessor's office. The notice shall indicate the location and times at which any maps and documents for which approval is sought may be reviewed by the public. If the application for development includes consideration of a conditional use, the hearing notice shall include reference to the conditional use.
g.
List of Property Owners Furnished. Pursuant to the provision of N.J.S.A. 40:55D-12(c), the Tax Assessor, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars shall make and certify a list from the current tax duplicate of names and addresses of owners in the City to whom the applicant is required to give notice pursuant to Subsection b2 of § 30-29.2. The applicant shall also supply to the Tax Assessor at the time of request a map showing all properties and current Tax Map information for the subject property and all properties within two hundred (200) feet of the perimeter of the subject property. 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.
§ 30-30 DECISIONS.
[2000 Code § 30-30]
a.
Each decision on any application for development shall be set forth in writing within forty-five (45) days of a decision as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.
b.
A copy of the resolution shall be mailed by the Secretary of the Board within ten (10) days of its adoption to the applicant or, if represented, then to his/her attorney, without separate charge. A copy of the resolution shall also be mailed to all persons who have requested it and who have paid the fee prescribed for such service. A copy of the resolution shall also be filed in the Office of the City Clerk, who shall make a copy of such filed resolution 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 City.
c.
A brief notice of every final decision shall be published in the official newspaper of the City. Such publication shall be arranged by the applicant unless otherwise advised by the Board Secretary. If the Board Secretary arranges for the publication of the notice of decision, it shall be done without further charge to the applicant. Notice of decision shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.
§ 30-31 PAYMENT OF TAXES.
[2000 Code § 30-31]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application 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. Any approvals or other relief granted by either Board may be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such a manner that the City will be adequately protected.
§ 30-32 CONDITIONAL APPROVAL.
[2000 Code § 30-32]
a.
In the event that a developer submits an application proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare, the Planning Board or Zoning Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
b.
In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this article shall be suspended for the period of time the legal action is pending or such directive or order is in effect.
c.
In the event that the development proposed by an application requires an approval by a governmental agency other than the Planning Board or Zoning Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.
§ 30-33 CALCULATION OF TIME AND TIME EXTENSIONS.
[2000 Code § 30-33]
In every case where relief or action is requested from either the Planning Board or Zoning Board of Adjustment, the time period specified by statute (N.J.S.A. 40:55D-1 et seq.) shall not commence until the application is deemed complete by the Administrative Officer. The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made for a specific period of time and be indicated in the minutes of the meeting.
§ 30-38.1 Responsibilities.
[2000 Code § 30-38]
The Mayor and City Council may adopt or amend any or all of the provisions of this chapter and shall be responsible for the following additional elements:
a.
Adopt a capital improvements program in accordance with N.J.S.A. 40:55D-29.
b.
Refer to the Planning Board, prior to adoption, any proposed development regulation, revision, or amendment thereto in accordance with N.J.S.A. 40:55D-26.
c.
In accordance with the procedures set forth in N.J.S.A. 40:55D-17, the City Council may hear and decide any appeal of a final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70.
d.
Refer to the Planning Board, prior to the expenditure of public funds, any capital project for review and recommendation in conjunction with the Master Plan or any of its supplements pursuant to N.J.S.A. 40:55D-31.
e.
Appoint such Class III members, Class IV members and alternates to the Planning Board as are required by N.J.S.A. 40:55D-23 and members and alternates to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-69.
§ 30-39.1 Development Coordinator.
[2000 Code § 30-39.1; amended 12-27-2018 by Ord. No. 2018-39]
The Development Coordinator shall be the City Planner. The Development Coordinator shall officially receive all applications for development, determine if they are complete, and, if not, notify the applicant of deficiencies. The Development Coordinator, in consultation with the Zoning Officer, shall determine which local board, official or agency has jurisdiction over the application and the Development Coordinator shall forward copies to federal, state and local agencies required or requested to review the application.
§ 30-39.2 Development Review Committee.
[2000 Code § 30-39.2]
a.
A Development Review Committee may be established by appointment of the Chairman of the Planning Board. The Development Review Committee shall be chaired by the Development Coordinator and shall include at least one (1) Class IV member of the Planning Board and may include a Class I, II, or III member, a member of the public or any other Municipal, County or State Official whose particular expertise may be required on a specific application.
b.
A quorum of three (3) members of the Development Review Committee shall be required to take action or make a recommendation on an Application for Development.
c.
The Development Review Committee shall have the following responsibilities:
1.
Determine whether the application is a minor or major development application.
2.
Determine compliance with the technical standards set forth in Article V, and other provisions of this chapter.
3.
Make recommendations on the design and technical elements of any application.
4.
Recommend to the Planning Board, in the case of site plans, waiver of these requirements if the proposed development had secured previous site plan approval, involves normal maintenance or replacement such as painting or siding, or does not affect existing drainage, circulation, landscaping, lighting, signs and other considerations of site plan review.
5.
Upon waiver of public hearing and referral to the Committee for recommendation by the Planning Board, the Development Review Committee may recommend approval with conditions, or denial of any application which it deems to be a minor development. Such action by the Committee shall not be final until it is ratified by the affirmative vote and resolution of memorialization of the full Board.
§ 30-39.3 Zoning Enforcement Officer.
[2000 Code § 30-39.3]
The Zoning Enforcement Officer shall review all Applications for Development to ensure they meet the requirements of this chapter except for those sections where another official is specifically given enforcement or administrative responsibilities. The Zoning Enforcement Officer shall in no case, except upon a written order of the Boards or the Governing Body, approve the issuance by the Construction Official of any permit or certificate for the erection, structural alteration or occupancy of any building or land where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter. If a violation of this chapter is found to exist, the Zoning Enforcement Officer shall serve notice upon the owner, and if the violation is not corrected within a reasonable period, shall issue a complaint to terminate the violation before the Municipal Judge.
§ 30-39.4 Planning and Zoning Board Engineer(s) (Board Engineer).
[2000 Code § 30-39.4; amended 12-27-2018 by Ord. No. 2018-39]
The Board Engineer, as defined in this chapter, shall be responsible for the following provisions of this chapter:
a.
Review all engineering plans accompanying Applications for Development referred by the Boards, Development Review Committee or Development Coordinator.
b.
Inspection, when requested by either Board, of improvements constructed or installed as part of any Application for Development other than those which are the responsibility of the Construction Official.
c.
Certification, when necessary, before acceptance, that all such improvements meet applicable City Codes and ordinances.
§ 30-40.1 Zoning Complaints.
[2000 Code § 30-40.1]
All complaints regarding alleged violations of this chapter must be addressed in writing to the Zoning Enforcement Officer. Each complaint shall include the name and address of the plaintiff. The Zoning Enforcement Officer will investigate the nature of the complaint and, if an inspection is deemed necessary, the Zoning Enforcement Officer shall contact the property owner in writing, stating the nature of the complaint, an inspection of the property in question is warranted, including the date and time of the inspection.
The property owner and/or tenant shall honor requests for access for the purpose of investigating potential zoning violations, and shall provide access within seventy-two (72) hours of being contacted by the Zoning Enforcement Officer. Where a property owner refuses to grant access for the purposes of investigating potential zoning violations, the Zoning Enforcement Officer may seek the issuance of a warrant from the Superior Court of New Jersey.
Any reported violation of this chapter which is deemed an immediate threat to the life or safety of individuals shall be reported directly to the Police Department.
Where a violation is openly visible, the Zoning Enforcement Officer shall contact the property owner and proceed with the appropriate measures to insure that the violation is corrected.
§ 30-40.2 Violation Abatement.
[2000 Code § 30-40.2]
a.
If it is determined that there has been a violation of this chapter, the Zoning Officer shall serve written notice of violation upon the owner and/or tenant of the property where such violation is alleged to have occurred. If the violation is not abated within a reasonable period, as stipulated in the notice of violation, the Zoning Officer shall issue a summons to appear before the Municipal Court Judge. Only one (1) notice of violation shall be required to cover a violation of any single section of this chapter by any single individual and summonses may be issued without notice for repeat offenses.
b.
At the option of the Zoning Officer, after authorization by the City Manager, an injunction, issued by the Superior Court of Monmouth County, may be sought to enforce the closure or cessation of a use, activity or operation found to be in violation of this chapter, pursuant to N.J.S.A. 40:55D-18.
c.
In the case of a violation involving a dwelling unit created without authorization under this chapter, the abatement required by the Zoning Officer shall include, but may not be limited to, the removal of the kitchen, inclusive of cooking facilities and facilities for the washing and storage of food and utensils.
§ 30-40.3 Penalties.
[2000 Code § 1-5.1; Ord. No. 2597; Ord. No. 2767]
For violation of any provision of this Code or other ordinance of the City of Asbury Park, 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 (1) or more of the following: imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding ninety (90) days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding ninety (90) days.
Whenever a fine is to be imposed in an amount greater than one thousand two hundred fifty ($1,250.00) dollars for violations of housing or zoning codes the owner shall be provided a thirty (30) day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if the Court has determined that the abatement has not been substantially completed. (N.J.S.A. 40:49-5)
§ 30-40.4 Subdivision Violations.
[2000 Code § 30-40.4]
a.
General. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which City approval is required, such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars and each lot disposition so made may be deemed a separate violation.
b.
Specific Relief. In addition to the foregoing, the City may institute and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a Certificate of Compliance has not been issued in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his/her assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six (6) years, if unrecorded as set forth in N.J.S.A. 40:55D-55.
§ 30-40.5 Conditions of Approval.
[2000 Code § 30-40.5]
It shall be the responsibility of an applicant to maintain and enforce all conditions required by the Boards in granting approval of an Application for Development as set forth in the resolution of approval, or on the site plan or subdivision plat submitted as part of the application. Failure to do so shall be considered a violation of this chapter.
§ 30-40.6 Permit Revocation.
[2000 Code § 30-40.6]
A Zoning Permit may be revoked by the Zoning Enforcement Officer for the following reasons:
§ 30-40.7 Appeals.
[2000 Code § 30-40.7]
Any person aggrieved by any decision or action of the Zoning Enforcement Officer may appeal such decision or action to the Zoning Board of Adjustment, within twenty (20) days of the decision or action. The Zoning Board of Adjustment, after public hearing, may uphold, modify, or reverse the decision or action thus appealed.