Bay Head City Zoning Code
ARTICLE VII
Additional Provisions Applicable To Planning Board
§ 147-31 Conflicts of interest.
[Amended 10-4-1994 by Ord. No. 1994-10]
No member of the Planning Board shall act on any matter in which the member has any direct or indirect personal or financial interest. Whenever any member shall be disqualified from acting on a particular matter, the member shall not continue to sit with the Board on the hearing of such matters, nor shall the member participate in any discussion or decision relating thereto.
§ 147-32 Meetings.
A.
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meetings so scheduled shall be held as scheduled unless canceled for lack of applications to process.
[Amended 10-4-1994 by Ord. No. 1994-10]
B.
Special meetings may be provided for at the call of the Chair or on the request of any two Board members, which meetings shall be held on notice to the Board's members and to 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 the members present, except as otherwise required by any provisions of N.J.S.A. 40:55D-1 et seq.
E.
All regular and special meetings shall be open to the public. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law (N.J.S.A. 10:4-6 et seq.). An executive session for the purpose of discussing and studying matters to come before the Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Amended 10-4-1994 by Ord. No. 1994-10]
§ 147-33 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the person appearing and addressing the Board; the names of the persons appearing by attorney; the action taken by the Board; and 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 his use as provided for in the within fee schedule.[1]
[1]
Editor's Note: Former § 18-43, which immediately followed this section, was repealed 10-4-1994 by Ord. No. 1994-10.
§ 147-34 Hearings.
A.
Rules. The Planning Board may make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
[Amended 10-4-1994 by Ord. No. 1994-10]
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 limitation 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. The Planning Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Planning Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party, at the expense of the party requesting the transcript or recording as set forth in the fee schedule herein.[1]
[Amended 10-4-1994 by Ord. No. 1994-10]
[1]
Editor's Note: The fee schedule is on file in the office of the Municipal Clerk.
§ 147-35 Notice requirements for hearings.
[Amended 11-19-1996 by Ord. No. 1996-5; 10-3-2022 by Ord. No. 2022-11]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq.; on appeals of a determination of an administrative officer pursuant to N.J.S.A. 40:55D-70a; or for requests for interpretation pursuant to N.J.S.A. 40:55D-70b, 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 the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof, by certified mail, to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. 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 of this section 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 the 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 State Planning Commission of a hearing on an application for the 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 N.J.S.A. 40:55D-10.
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 to be 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; 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 maps and documents for which approval is sought are available as required by law.
§ 147-36 List of property owners furnished. [1]
Upon the written request of an applicant, the Clerk of the approving authority shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 147-35. In addition, the Clerk of the approving authority shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A sum as set forth in the fee schedule on file in the office of the Municipal Clerk may be charged for such list.
§ 147-37 Form of decision; copies.
A.
Each decision on any application for development shall be set forth in writing as a resolution of the approving authority, which resolution shall include findings of fact and legal conclusions based thereon in accordance with N.J.S.A. 40:55D-10.
B.
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision for the applicant or, if represented, to his 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 fee schedule herein[1] 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.
[1]
Editor's Note: The fee schedule is on file in the office of the Municipal Clerk.
§ 147-38 Publication of final decision.
[Amended 10-4-1994 by Ord. No. 1994-10]
A brief notice of every final decision shall be published in the official newspaper of the municipality. The publication shall be arranged by the Planning Board without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any decision.
§ 147-39 Payment of taxes.
[Amended 10-4-1994 by Ord. No. 1994-10]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the 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 a manner that the municipality will be adequately protected.
§ 147-40 Performance guaranties.
Prior to the recording of a final subdivision plat or as a condition of final site plan approval or as a condition of the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65(d) or as a condition to the issuance of a variance pursuant to N.J.S.A. 40:55D-70, the approving authority may require and shall accept the following:
A.
A performance guaranty in favor of the Borough of Bay Head in an amount not to exceed 120%, as estimated by the approving authority or the Engineer of the approving authority, of the cost of installation for improvements it may deem necessary or appropriate, including streets; grading; pavement; gutters; curbs; sidewalks; streetlighting; shade trees; surveyors; monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); water mains; culverts; storm sewers; sanitary sewers or other means of sewage disposal; drainage structures; erosion control and sanitation control devices; public improvements of open space; and, in the case of site surveys only, other on-site improvements and landscaping.
B.
The amount of any performance guaranty posted may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.
C.
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements. The approving authority shall have the power to require the installation of such improvements within a specified period or periods of time, consistent with law, set in its decision, taking into account the facts of the proposed development plan or plat, all of the provisions of this chapter and the health, safety and welfare of the community.
D.
Requests for partial or full release of posted guaranties shall be made and processed in accordance with N.J.S.A. 40:55D-53.
E.
The obligor shall reimburse the Borough of Bay Head for all reasonable inspection fees paid to the Borough Engineer for the inspection of said improvements. Fees charged to the obligor shall be identical to those charged to the borough at the Engineer's regular schedule of rates and fees.