Barnegat City Zoning Code
ARTICLE IV
Development Review Procedures for Planning Board and Board of Adjustment
§ 55-85 JURISDICTION.
§ 55-86 FILING OF APPLICATIONS.
[Amended 3-20-95 by Ord. No. 1995-5; 3-20-95 by 1995-16 § 3; 8-5-96 by Ord. 1996 by Ord. No. 1996-28 § 5]
The developer shall file with the appropriate administrative officer a development application.
A.
In order to allow sufficient time for completeness and/or technical review of applications submitted to the Planning Board or Board of Adjustment, and for the applicant and their professional(s) to meet the requirements of the law for advance publication and service of notice prior to a hearing by the respective Board, all applications must be filed at least five (5) weeks prior to the regularly scheduled Board meeting.
§ 55-87 DETERMINATION OF JURISDICTION.
The Administrative Officer shall, within fourteen (14) days after receipt of a development application, make a determination as to whether the Board to which the application is made has jurisdiction.
§ 55-88 DETERMINATION OF COMPLETE APPLICATION.
The administrative officer shall certify an application as complete as soon as the applicant has filed and met all the requirements specified in this chapter and in the rules and regulations of the appropriate Board for the applicable type of application for development. The application shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of commencement of the time period for action by the appropriate Board.
§ 55-89 APPLICATIONS REQUIRING PUBLIC HEARING.
[Amended 3-20-95 by Ord. No. 1995-15; 3-20-95 by Ord. No. 1995-16 § 4; 8-5-96 by Ord. No. 1996-28 § 4]
The following development applications, appeals and other applications shall require the applicant/appellant to publish and serve pursuant to law, notice of a public hearing by the Planning Board or Board of Adjustment prior to making a decision. Notice of such hearing shall follow the provisions of § 55-255 of this chapter.
A.
Preliminary and final major subdivision, minor subdivision, preliminary and final major site plan, minor site plan, and site plan waiver applications.
B.
Any application involving a variance, appeal or interpretation of any kind pursuant to N.J.S.A. 40:55D-70 of any kind.
C.
Any application for a conditional use.
D.
Any application filed pursuant to §§ 55-122G and 55-242A(1) and (2).
E.
Any application for a residential cluster.
F.
Any application for change of zone.
G.
Any application for soil removal.
H.
Any development for a tract of land greater than five (5) acres.
§ 55-90 TIME PERIODS FOR DECISION.
A.
Unless the developer agrees to an extension, a Board must grant or deny approval of a development application within the following number of days after submission of a complete application:
(1)
In the case of the Planning Board:
(a)
For a minor subdivision: forty-five (45) days.
(c)
For a final major subdivision: forty-five (45) days.
(e)
For a final site plan: forty-five (45) days.
(f)
For a conditional use permit: ninety-five (95) days.
(g)
For a combined application:
[1]
For a conditional use permit and a site plan: ninety-five (95) days.
[2]
For a subdivision plat and a conditional use permit or site plan: the longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval.
[3]
For a subdivision plat, site plan or conditional use permit and for certain zoning variances or direction of the issuance of a permit for a building not related to a street or in an area designated on the Official Map for public acquisition or use: ninety-five (95) days.
(h)
For a minor site plan: forty-five (45) days.
(2)
In the case of the Board of Adjustment as set forth in § 55-292 of this chapter. The Board of Adjustment may refer any development application submitted to it pursuant to § 55-243 of this chapter 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 Board of Adjustment shall act.
B.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board or Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
C.
In the event that the Planning Board or Board of Adjustment does not render a decision within the time periods prescribed above and the applicant has not agree to an extension of time, the application is deemed approved by default.
§ 55-91 DISCLOSURE OF OWNERSHIP INTEREST OF CORPORATION OR PARTNERSHIP.
A.
A corporation or partnership applying to an approving agency for a subdivision of land into six (6) or more lots or for a variance to construct a multiple dwelling of twenty-five (25) family units or more or for approval of a site to be used for commercial purposes shall list the names and addresses of all shareholders or partners holding at least a ten percent (10%) interest in the particular business entity.
B.
The same disclosure shall be made by a corporation or partnership which holds at least a ten percent (10%) interest in any applicant which is a partnership or corporation, pursuant to N.J.S.A. 40:55D-48.2.
C.
No application shall be approved without compliance with this section.
§ 55-92 ARCHITECTURAL DESIGN STANDARDS FOR COMMERCIAL ZONES.
[Section 55-92 was added 4-7-14 by Ord. No. 2014-04]
The Architectural Design Standards for Commercial Zones as adopted by this section may be found online as Attachment 11: Appendix J, Architectural Design Standards for Commercial Zones.
§ 55-93 ARCHITECTURAL DESIGN STANDARDS FOR HISTORIC DISTRICT AND HISTORIC DISTRICT TRANSITION AREA OVERLAY.
[Section 55-93 was added 4-7-14 by Ord. No. 2014-05]
The Architectural Design Standards for the Historic District and Historic District Transition Area as adopted by this Section may be found online as Attachment 12: Appendix K, Architectural Design Standards for the Historic District and Historic District Transition Area.