Belmar City Zoning Code
ARTICLE III
Administration
§ 40-3.1 Planning Board.
[Ord. No. 1992-32 § 3.1; Ord. No. 1993-44 § 1; Ord. No. 1994-20 § 3; Ord. No. 1995-07 §§ 1-3; Ord. No. 1996-16 § 2; Ord. No. 2001-07; Ord. No. 2004-03; Ord. No. 2004-21 § 1; Ord. No. 2012-17 § 2; Ord. No. 2017-14]
a.
Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members of the following four classes and two alternates:
Class I. The Mayor or the Mayor's designee.
Class II. One of the officials of the Borough other than the Mayor or a member of the Board of Commissioners to be appointed by the Mayor; provided that if there is an Environmental Commission, 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 or alternate members.
Class III. A member of the Borough Council to be appointed by it.
Class IV. Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission if there be an Historic Preservation Commission 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 or Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
Alternates. The Mayor shall also appoint two alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1 and Alternate No. 2."
b.
Terms. The term of the member composing Class I shall correspond to his/her 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 a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Borough Council, 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 term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
Alternate members may participate in discussions of the proceedings, but may 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 absence of a regular member(s), alternate members shall be chosen to vote in descending numerical order, i.e., Alternate No. 1 then Alternate No. 2.
c.
Prohibited Action by Board Members. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.
1.
Lack of Quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23b or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
d.
Vacancies. 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 only.
e.
Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Borough Council for cause.
f.
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
g.
Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Borough Council for its use.
h.
Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive gifts or grants, the amount appropriated by the Borough Council for its use.
i.
Powers and Duties. The Planning Board shall adopt such rules and regulations 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:
1.
To prepare, and after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59.
3.
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
5.
To consider and make report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
6.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
7.
To assemble data on a continuing basis as part of a continuing planning process.
8.
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29.
9.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c), from lot area, lot dimension, setback and yard requirements.
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to C. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be. |
10.
Review of capital projects pursuant to N.J.S.A. 40:55D-31.
11.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other Borough bodies, agencies, or officers.
12.
The Borough Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority hereon. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
13.
The Planning Board shall, at least once a year, review its decision on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinances provisions which were the subject of variance requests and its recommendations for zoning ordinances amendment or revision, if any. The Planning Board shall send copies of the report and resolution to the Borough Council.
14.
The powers conferred upon the Planning Board, its members and officials shall not include the power to act on behalf of, or grant permits, certificates or other similar approvals, for other State, County or local authorities, boards and/or commissions, such as the local Alcoholic Beverage Control Board, Building Department or similar agencies. Any permits, certificates or other similar approvals granted by the Planning Board, its members and officials shall not be deemed to constitute an approval by any other authority, board and/or commission.
j.
Citizens Advisory Committee. 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 by the Board. Such person or persons shall serve at the pleasure of the Mayor.
k.
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, 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.
l.
Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer 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, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
m.
(Reserved)
n.
Periodic Reexamination. Pursuant to N.J.S.A. 40:55D-89, the Borough Council shall, at least every six years, provide for a general reexamination of the Borough Master Plan and Land Use and Development Regulations by the Planning Board which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the Monmouth County Planning Board and the Municipal Clerks of each adjoining municipality. A reexamination shall be completed at least once every six years from the previous reexamination.
o.
Site Plan Advisory Review Board. Pursuant to N.J.S.A. 40:55D-39, the chairperson of the Planning Board may appoint a Site Plan Review Advisory Board. The Site Plan Committee shall consist of at least two Board members along with technical and other staff members such as the Municipal Planner and/or Engineer as deemed appropriate. The purpose of the Site Plan Committee is to review, comment, and make recommendations with respect to site plan applications, and to perform other duties conferred on this Committee by the Board through a motion duly adopted and recorded.
The Site Plan Advisory Board shall have authority in accordance with Subsection 40-2.4 applicable to exempt development and Subsection 40-7.3e to approve an application for the redevelopment and/or reconstruction of any structure destroyed, in total or in part, by reason of wind, fire, water incursion, exposure or other act of God, or public enemy, provided that such redevelopment and/or reconstruction shall be limited to the extent of the previous development and/or nonconformity. In reviewing applications, the Site Plan Advisory Board shall be permitted to grant relief set forth within Subsection 40-3.1i9 and Subsections 40-3.2f1 and 40-3.2j1(c) and (d). Relief granted under this provision shall expire by limitation unless construction or alterations have been actually commenced on each and every structure approved within 12 months from the date of entry of the decision of approval.
When deciding on a matter involving a minor site plan pursuant to N.J.S.A. 40:55D-46.1, only those members of the Site Plan Committee who are members or alternates of the Board having jurisdiction to act may vote.
§ 40-3.2 Zoning Board of Adjustment. [1]
[Ord. No. 2004-21 § 1]
a.
Establishment; Composition. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven regular members and four alternate members who shall be residents of the Borough and shall be appointed by the Mayor. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The term of each regular member shall be four years; and the term of each alternate member shall be two years. No member may hold any elective office or position under the Borough of Belmar. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. 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 and, if unavailable or ineligible, then Alternate No. 2 in seriatim for Alternate No. 3 and Alternate No. 4 if in turn each is unavailable or ineligible.
b.
Officers. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may or may not be a Board member or municipal employee.
c.
Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney.
d.
Experts and Staff. The Zoning Board of Adjustment may also 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 or grants, the amount appropriated by the Mayor and Council for its use.
e.
Rules and Regulations. The Board shall adopt such rules and regulations 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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
f.
Powers.
1.
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter.
2.
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not by way of limitations, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter or any term, clause, sentence or word hereof and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.
3.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and impressed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provided, and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
g.
Appeals and Applications.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Borough of Belmar affected by any decision of the administrative officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken.
2.
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
3.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Superior Court of New Jersey on notice to the office from whom the appeal is taken and on due cause shown.
h.
Power to Reverse or Modify Decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
i.
Expiration of Variance.
1.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures permitting a specified use of any premises shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced, within nine months from the date of entry of the judgment or determination of the Board of Adjustment or within such greater limit up to a maximum of 15 months as the Board of Adjustment shall grant upon a showing of good cause made by the applicant; except, however, that the running of any period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
2.
In the case of a bifurcated application for variance which also requires approval of a subdivision, or site plan, the separate application for subdivision, or site plan, shall be filed with the Board of Adjustment within the initial nine-month period or such variance shall be deemed to have expired.
3.
If the separate application for subdivision or site plan approval is granted, and N.J.S.A. 40:55D-49 or 52 grants rights to the application for a longer period of time, then the variance previously granted shall remain in effect concurrent with the rights granted to the application under such State law.
j.
Powers Granted by Law.
1.
The Board of Adjustment shall have such powers as are granted by law 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 administrative official or agency based on or made in the enforcement of the zoning regulations of this chapter.
(b)
Hear and decide requests for interpretation of the zoning map or zoning provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68, or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(c)
Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-70D, where:
(1)
The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:
(i)
By reason of exceptional narrowness, shallowness or shape of the specific piece of property or,
(ii)
By reason of exceptional topographic conditions or physical features uniquely affecting the specific piece of property or,
(iii)
By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; and
(2)
The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the Zoning Chapter requirements and the benefits of the deviation would substantially outweigh any detriment.
(d)
Grant, upon an application or an appeal, in particular cases and for special reasons by affirmative vote of at least five members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 68 to permit the following:
(1)
A use or principal structure in a district restricted against such use or principal structure.
(2)
An expansion of a nonconforming use.
(3)
Deviation from a specification or standard pertaining solely to a conditional use.
(4)
An increase in the permitted floor area ratio.
(5)
An increase in the permitted density except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
(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.
If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection j13(d) of this subsection, the decision on the requested variance or variances shall be rendered under Subsection j13(c) of this subsection. |
(e)
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.
k.
Additional Powers.
1.
The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection j, have power given by law to:
(a)
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.
(b)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-35 for a building or structures not related to a street.
2.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of the Municipal Land Use Law, 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 use variance pursuant to Subsection 40-3.2j1(d) of this chapter.
3.
The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt a resolution reporting its findings on zoning provisions which were the subject of variance requests and its recommendations for zoning amendments or revisions, if any. The Board of Adjustment shall send copies of the report and resolution to the Governing Body and Planning Board.
l.
Time Limit for Decision. The Board of Adjustment shall render its decision not later than 120 days after the date that an application is taken from the decision of an administrative officer or not later than 120 days after the date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[1]
Editor's Note: Former Subsection 40-3.2, Combined Planning Board and Zoning Board of Adjustment, previously codified herein and containing portions of Ordinance Nos. 1992-32; 1994-20, 1995-07 and 2001-07 was repealed by Ordinance No. 2004-21 which reestablished the Zoning Board of Adjustment.
§ 40-3.3 Provisions Applicable to Both Municipal Agencies (Planning Board, Zoning Board of Adjustment).
[Ord. No. 1992-32 § 3.3; Ord. No. 2001-37; Ord. No. 2004-03; Ord. No. 2006-04 § 8; Ord. No. 2006-03 § V]
a.
Meetings.
1.
Every Municipal Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Municipal Agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.
2.
The Municipal Agency may provide 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 municipal regulations and N.J.S.A. 10:4-6 et seq.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All action shall be taken by a majority vote of members of the Municipal Agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, -34, -62, -63 and Subsections -17e, -26a and b and -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.
5.
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 Law, N.J.S.A. 10:4-6 et seq.
6.
An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
b.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Municipal Agency and of the persons appearing by attorney, the action taken by the Municipal Agency, 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 Borough Clerk. Any interested party shall have the right to compel 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 in an amount sufficient to cover the cost of such reproduction of the minutes for his/her use.
c.
Hearings.
1.
Required Hearings: The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.
2.
Rules for Conducting Hearings: The Planning Board and Board of Adjustment shall 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 this chapter.
3.
Filing of Documents: 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 Officer (Planning Board or Board of Adjustment 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.
4.
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, N.J.S.A. 2A:67A-I et seq. shall apply.
5.
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.
6.
Evidence: Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
7.
Verbatim Recording: The Municipal Agency shall provide for the verbatim recording of the proceedings by either a stenographer or by 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/her expense; provided that the Borough Council may provide by chapter for the municipality to assume the expense of any transcripts necessary for approval to the Board of Commissioners pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the ordinance.
8.
Transcript Charge: The Municipal Agency in furnishing a transcript of the proceeding to an interested party at his/her expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15 as amended. Said transcript shall be certified in writing by the transcriber to be accurate.
9.
Voting Eligibility: A member or alternate member of a Municipal Agency 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 or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcript or recordings of all of the hearing from which he or she was absent, and certifies in writing to the Municipal Agency that he or she has read such transcript or listened to such recording.
d.
Notice Requirements for Hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:
1.
Public notice of a hearing on an application for development shall be given for all of the following:
2.
Public notice shall be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
3.
Notice of a hearing requiring public 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 provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his/her agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his/her address as shown on the 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. 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 to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
4.
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 to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
5.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications 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 situated within 200 feet of a municipal boundary.
6.
Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.
7.
Notice shall be given by personal service or certified mail to the State Planning Commission of any 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 Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
8.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan in this chapter, requiring public notice pursuant to Subsection 40-3.3d1 above, shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land or any facility or that possess a right-of-way or easement situated within 200 feet in all directions of the property which is the subject of such hearing. In addition to any notification requirement otherwise imposed under this chapter, an applicant seeking approval of a development which does not require notice as provided above, shall be required to provide notice, by personal service or certified mail, to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this section.
9.
The applicant shall file an affidavit of proof of service with the Municipal Agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.
10.
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.
11.
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 Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
13.
List of Property Owners Furnished: Upon the written request of an application, the Borough Clerk 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 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 fee shall be charged for such list.
14.
For any application involving property which contains a liquor license, in addition to any other notice requirements, notice must be given to the Mayor and Council of the Borough of Belmar care of the Clerk of the Borough of Belmar, P.O. Box A, Belmar, NJ 07719 as the local Alcoholic Beverage Control Board by certified mail return receipt requested at least 10 days prior to the hearing.
e.
Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.
1.
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or
(b)
A resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing said action.
(c)
Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
2.
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion to approve an application those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.
3.
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency.
(b)
The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.
4.
Copies of the decision shall be distributed by the Administrative Officer (Planning Board or Board of Adjustment Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.
5.
A brief notice of the decision shall be published in the official newspaper(s) of the Borough.
(a)
Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the notice whether arranged by the Borough or the applicant.
(b)
Such notice shall be published within 30 days of the date of decision, or 20 days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board or Board of Adjustment Secretary), whichever is later, or within such other appropriate period as may be determined by the Municipal Agency at the time of decision.
(c)
Failure to publish as herein required shall render any approvals null and void.
f.
Appeals from the Zoning Board of Adjustment. Any interested party may appeal to a court of competent jurisdiction any final decision of the Zoning Board of Adjustment approving an application pursuant to N.J.S.A. 40:55D-70d.
[Amended 6-5-2019 by Ord. No. 2019-18]
g.
Conditional Approvals.
1.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Municipal Agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the Municipal Agency shall approve such application conditioned on removal of such legal barrier to development.
2.
In the event that development proposed by an application for development requires an approval of a governmental agency other than the Municipal Agency, the Municipal Agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Municipal Agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Municipal Agency is prevented or relieved from so acting by the operation of law. All approvals involving property that contains a liquor license shall be conditioned upon review and approval by the Belmar Borough Council as the local Alcoholic Beverage Control Board.
3.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency 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 period.
4.
The Municipal Agency may impose such other conditions as it deems appropriate.
5.
In all cases the Municipal Agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the Municipal Agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.
6.
Tolling of Running of Period of Approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, 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 other party to protect the public health and welfare or by a directive or order issued 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 said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
h.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development 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 which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals 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.
i.
Time for Decision. After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.
Type of Application | Time Period (days) |
|---|---|
Site Plans | 45 |
Minor | 45 |
Preliminary Approval (10 acres or less, 10 units or less) | 45 |
Preliminary Approval (More than 10 acres or 10 units) | 95 |
Final Approval | 45 |
Subdivisions | |
Minor | 45 |
Preliminary Approval (10 lots or less) | 4 |
Preliminary Approval (More than 10 lots) | 95 |
Final Approval | 45 |
Conditional Use Authorization | 95 |
Variance | 120 |
Appeal from the decision of a municipal officer | 120 |
Final Approval | 45 |
Direction for issuance of a building permit | 120 |
j.
Separation of Applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection I above.
k.
Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced with 12 months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing and appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Article 4.
§ 40-3.4 Certificates and Permits.
[Ord. No. 1992-32 § 3.4; Ord. No. 2004-03]
a.
Development Permit.
1.
Development Permits shall hereafter be secured from the Zoning Officer prior to:
(a)
Application for and/or issuance of any Building Permit except for minor work or ordinary repairs as defined in the Uniform Construction Code;
(b)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;
(c)
Application for and/or issuance of any permit for a new or expanded or relocated sign;
(d)
Application for and/or issuance of any permit for erection of a fence;
(e)
Any change in use or change in non-residential occupancy;
(f)
The excavation, removal, or addition of soil or fill to or from any site exceeding 10 cubic yards or any alteration exceeding 5,000 square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this Chapter shall not require a development permit;
(g)
Any use of any portion of any parcel of land for any activity regulated by this Chapter;
(h)
The construction of any site improvement either above or below ground;
(i)
The issuance of any Certificate of Occupancy where no Building Permit was previously required.
2.
An application for Development Permit shall be in writing by the owner or his/her authorized agent and include the following unless the administrative officer determines that a particular item is not needed in order to make a decision.
(a)
A statement of the use or intended use or uses of the building, structure or land.
(b)
An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction.
(c)
A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location to street and lot lines.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
3.
The Administrative Officer (Zoning Officer) shall take action on a complete application for a development permit within 10 days of its submission.
4.
Prior to issuance of a Development Permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection and Energy.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from the New Jersey Department of Environmental Protection and Energy.
(e)
Wetlands permit from the New Jersey Department of Environmental Protection and Energy.
(f)
Riparian construction permit from the New Jersey Department of Environmental Protection and Energy.
(g)
Waterfront development permit from the New Jersey Department of Environmental Protection and Energy.
(h)
Required permits from the U.S. Army Corps of Engineers and U.S. Coast Guard.
(i)
Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection and Energy.
(j)
Land disturbance permit from the Freehold Area Soil Conservation District.
(k)
Floodplain encroachment permit.
(l)
Approval of the Belmar Borough Council as the local Alcoholic Beverage Control Board.
5.
Prior to the issuance of a Development Permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any Municipal Agency.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
2.
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.
(c)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
4.
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him/her a reasonable fee in accordance with the fee schedule.
5.
Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.
6.
If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
c.
Construction Permit.
1.
No Construction Permit shall be issued unless the applicant shall have first secured a Development Permit.
2.
No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. (N.J.S.A. 5:23-2.14)
d.
Certificate of Occupancy.
1.
Development Permit Required: No Certificate of Occupancy shall be issued for the use of any building, structure or land unless a Development Permit shall have first been issued for the use of such building, structure, or land.
2.
Uses and Occupancies after the Effective Date of this Chapter: No building, structure or land shall be occupied or used until such time as a Certificate of Occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.
Temporary Certificate of Occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
3.
Existing Uses at the Time of Passage of this Chapter or any Amendments Thereto: The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Zoning Officer within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by the established fee. A denial by the Zoning Officer shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et seq.
4.
Change of Nonresidential Occupancy: Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new Certificate of Occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a "Change in use" and that the applicant has met the requirements of the applicable regulations.
5.
Scope of Certificate of Occupancy: The Certificate of Occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
6.
Improvement Required: No permanent Certificate of Occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary Certificate of Occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.
e.
Soil Erosion and Sediment Control Plan Certification. Where required, a Soil Erosion and Sediment Control Plan Certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a Development Permit shall have first been issued for the subdivision, building, structure or use.
§ 40-3.5 Records.
[Ord. No. 1992-32 § 3.5]
a.
It shall be the duty of the Administrative Officer or his/her designee to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record of any action taken thereon and all Development permits issued together with a notation of all special conditions involved. He/she shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his/her office and shall be available for the use of the Borough Council and of other officials of the Borough.
b.
The Administrative Officer or his/her designee shall prepare a monthly report for the Borough Council, summarizing for a period since his/her last previous report all Development Permits issued and all complaints of violations and the action taken by him/her consequent thereon. A copy of each such report shall be filed with the Borough Administrator, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Borough Council.
§ 40-3.6 Enforcement.
[Ord. No. 1992-32 § 3.6]
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred by this chapter, and as reasonably implied. In no case shall a Development Permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer or his/her designee to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties.
§ 40-3.7 Interpretation.
[Ord. No. 1992-32 § 3.7]
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standard shall govern.
§ 40-3.8 Conflict with Other Laws: Repealer.
[Ord. No. 1992-32 § 3.8]
Chapter 19, Development, of the Revised General Ordinance is hereby repealed in its entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided, and, except that any Building Permit, variance, Special Use Permit, Occupancy Permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
§ 40-3.9 Violations and Penalties.
[Ord. No. 1992-32 § 3.9]
a.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be subject to a fine of not more than $1,000 or be imprisoned for a term not exceeding 90 days, or both.
b.
It shall be a violation of the provisions of this chapter to:
1.
Engage in any of the activities referred to in Article 3, Subsection 40-3.4a prior to issuance of a Development Permit.
4.
After approval of a Development Permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained in any resolution of the Municipal Agency.
5.
Fail to observe the provisions of Article 7.
6.
Fail to observe any direction of the Zoning Officer or his/her designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the Municipal Agency or of the Development Permit.
7.
Fail to observe any direction of the Zoning Officer or his/her designee with regard to the correction, including any time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any resolution of the Municipal Agency or of the Development Permit.
8.
After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the Development Permit and/or any of the provisions or applicable design standards set forth in Articles 7, 8, and 9 of this chapter.
The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities prohibited by, or failure to engage in other activities required by, this chapter shall also be considered violations. |
c.
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 municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000 and each lot so made may be deemed a separate violation.
In addition to the foregoing, the Borough 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 provided a Certificate as to the approval of subdivision has not been issued in accordance with this chapter.
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 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
d.
If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
e.
If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to a fine not to exceed $500 or to imprisonment for not more than 90 days. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation.
§ 40-3.10 Amendments.
[Ord. No. 1992-32 § 3.10]
All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed test of the schedule.
a.
Protest of Amendments. A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the Borough.
§ 40-3.11 Validity of Chapter.
[Ord. No. 1992-32 § 3.11]
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
§ 40-3.12 Effect on Pending and New Applications.
[Ord. No. 1992-32 § 3.12]
b.
If the provisions of this chapter cause there to be a change in the classification of a pending application, or require additional variances or result in greater deviations from the standards for a pending variance application, the pending application shall not be acted upon and shall be considered denied and the Administrative Officer shall so notify the applicant. The applicant shall submit a new application, subject to all the provisions of this chapter.
c.
If the provisions of this chapter require additional design exceptions or waivers or create greater deviations from standards for a pending design waiver or exception application, the pending application shall not be acted upon and shall be considered denied, and the Administrative Office shall so notify the applicant. However, the pending application may be continued, provided: (i) the applicant submits within 30 days of the effective date of this chapter an amended application including a statement justifying the waiver or exception and (ii) the Board shall act within 60 days of the effective date of this chapter or within the time limits originally applicable to the pending application, whichever is later.
d.
All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
§ 40-3.13 Copy to Be Filed with County Planning Board.
[Ord. No. 1992-32 § 3.13]
Upon adoption of this chapter, and any amendments, the Borough Clerk shall file a copy with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment or revision which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and housing plan element of the master plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board.
§ 40-3.14 Fees.
[Ord. No. 1992-32 § 3.14; Ord. No. 1993-34 § 1; Ord. No. 1993-36 § 2; Ord. No. 1993-37 § 1; Ord. No. 2010-10 § I; Ord. No. 2011-12 § 1; Ord. No. 2018-02; Ord. No. 2018-10; 5-7-2019 by Ord. No. 2019-16; 10-20-2020 by Ord. No. 2020-37]
The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Belmar by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's office. The fee to be paid shall be the sum of the application fees for the component elements of the plat or plan plus the refundable application escrow fee. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element.
a. | Application for development zoning permit | Fees to be set by resolution | ||||
b. | Minor subdivision approval | |||||
1. | Application Fee | $400 | ||||
c. | Major Subdivision Approval | |||||
1. | Preliminary Application Fee | $400 | ||||
2. | Final Plat Application Fee | $300 | ||||
d. | Minor Site Plan Approval | |||||
1. | Application Fee | $1,000 | ||||
e. | Major Site Plan Approval | |||||
1. | Preliminary Application Fee | $2,000 | ||||
2. | Other Uses | $500 | ||||
3. | Final Approval | $750 | ||||
f. | Variances. | |||||
1. | Appeals (N.J.S.A. 40:55D-70a) | $250 | ||||
2. | Interpretation of the Zoning Regulations or map (N.J.S.A. 40:55D-70b) | $250 | ||||
3. | Hardship or bulk variance N.J.S.A. (40:55D-70c) | $200/residential $400/commercial | ||||
4. | Use Variance ( N.J.S.A. 40:55D-70d) | |||||
(a) | Proposed single and/or 2-family residential uses | $300 | ||||
(b) | Other than a above uses with floor areas totaling 5,000 square feet or less | $450 | ||||
(c) | Uses other than a above with floor areas totaling 5,000 square feet or more | $650 | ||||
5. | Building permit in conflict with official map or building permit for lot not related to a street (N.J.S.A. 40:55D-34, 40:55D-35) | $250 | ||||
g. | Conditional Uses. | $350 | ||||
h. | Public Hearing. | |||||
1. | For those development applications which require public notice and hearing | $50 | ||||
2. | Informal concept review | $500 | ||||
i. | Reproduction of Records. Duplication of tape recordings | $75/meeting | ||||
j. | Change of Master Plan or Zone Request Application. | |||||
1. | Single-family residential to other Single-family residential | $200 | ||||
2. | Single-family residential to non-single-family residential | $400 plus $25/acre for each acre | ||||
k. | Environmental Impact Statement (EIS). | |||||
For those development applications which require review of an EIS | $200 | |||||
List of property owners furnished | $0.25 per name or $10, whichever is greater | |||||
l. | (Reserved) | |||||
m. | Extension of Major Site Plan or Subdivision Protection | $250 | ||||
1. | Extension of Minor Site Plan or Subdivision Protection | $50 | ||||
n. | Amended Major Site Plan or Subdivision | $500 | ||||
1. | Amended Minor Site Plan or Subdivision | $100 | ||||
o. | Classification (required on all subdivisions) | None | ||||
p. | Special Meetings. | $1,000 | ||||
q. | Refundable Application Escrow Fees. The fees required by this subsection shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses made 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 the evaluation, planning and proper design of municipal services and facilities necessary to accommodate the present or anticipated needs of a proposed development. All escrow funds must be paid by the date of hearing and as provided herein. | |||||
1. | An applicant shall be responsible to reimburse the municipality for: | |||||
(a) | All expenses of professional personnel incurred and paid by it necessary to process an application for development or a change of the master plan or development ordinance before a Municipal Agency, such as, but not by way of limitation: | |||||
(1) | Charges for reviews by professional personnel of applications and accompanying documents; | |||||
(2) | Issuance of reports by professional personnel to the Municipal Agency setting forth recommendations resulting from the review of any documents submitted by applicant; | |||||
(3) | Charges for any telephone conference or meeting requested or initiated by applicant, his attorney or any of his experts; | |||||
(4) | Review of additional documents submitted by applicant and issuance of reports relating thereto; | |||||
(5) | Review or preparation of easements, developers' agreements, deeds, or the like; | |||||
(6) | Preparation for and attendance at special meetings. | |||||
(b) | The cost of expert advice or testimony obtained by the Municipal Agency for the purpose of corroborating testimony of applicant's experts; provided that the Municipal Agency gives prior notice to applicant of its intention to obtain such additional expert advice or testimony and affords applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof. | |||||
2. | The term "professional personnel" of "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to insure an application meets performance standards set forth in the ordinance and other experts whose testimony is in an area in which the applicant has presented expert testimony. | |||||
3. | No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the governing body unless applicant shall have deposited with the Municipal Clerk an amount sufficient to cover all reimbursable items; and upon posting said deposit with the Municipal Clerk the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency. | |||||
4. | No professional personnel submitting charges to the municipality for any of the services referred to in Subsection 40-3.1m1 of this chapter shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the municipal salary ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by developer, nor shall any payment to a professional be delayed pending reimbursement from a developer. | |||||
5. | Escrow deposits received from any developer pursuant to this chapter shall be deposited in a banking institution or savings and loan association in this State which is insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him/her by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. | |||||
6. | The amount of the escrow deposit shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred. The Borough shall render a final written accounting to the developer on the uses to which the deposit was put. Thereafter the Borough shall, upon written request, provide copies of the vouchers to the developer. If salary, staff support and overhead for a professional are provided by the Borough, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals by (2) the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the Borough. | |||||
7. | Development applications involving residential and nonresidential construction will be subject to all escrow determined by adding the residential and nonresidential components shown below: | |||||
Residential Subdivision | Escrow |
|---|---|
0-8 Units or Lots | $2,000 |
9 or more Units or Lots, 0-8 fee plus | $200 per Unit or Lot |
Minor Site Plan | $1,600 |
Major Site Plan | $6,000 |
Bulk Variance/Use | $750 |
Variance/Conditional Use, flat fee, to encompass all such variances requested |
Commercial Development |
NOTE: Use the greater of the escrow amounts determined by calculating both floor area and parking space amounts from the tables below. Select only one escrow amount, that being the higher of the two tables. |
Based on Gross Floor Area | Escrow |
|---|---|
0 to 1,000 Square Feet, GFA | $900 |
1,001 to 10,000 Square Feet, GFA | $1,800 |
10,000 to 50,000 Square Feet, GFA | $6,000 |
50,001 to 100,000 Square Feet, GFA | $8,000 |
100,000 + Square Feet, GFA | $10,000 |
Based on Parking Spaces | Escrow |
|---|---|
0 to 5 spaces | $900 |
6 to 25 spaces | $5,000 |
26 to 100 spaces | $10,000 |
101 to 500 spaces | $15,000 |
501 + spaces | $20,000 |
Informal Concept Review: $2,500.
8. | Upon receipt of an application, the Board Engineer shall undertake a preliminary review of the application to determine if the above estimated initial escrow fees appear sufficient for the engineering, legal and related review and work on the application. Should the Board Engineer determine that additional escrow fees are required, the Board Engineer shall so notify that applicant and the applicant shall submit the additional escrow fees prior to the application being deemed complete and prior to the Board Engineer, Board Attorney and other professionals proceeding with any review of, or work on the application. | ||
9. | Additional Escrow Fees. The above escrow fees are preliminary estimates. The applicant may be required to post additional escrow fees and the applicant is required to pay all escrow fees and other fees relating to their application. If said additional escrow fees and other fees are not deposited by the applicant the application will not be deemed complete, hearings on the application will not be scheduled and work by the Board professionals will be discontinued. Additionally, if said escrow fees and other fees are not paid subsequent to Board approvals, or denials, building and/or zoning permits will not be issued or revoked, subdivision maps and/or deed will not be signed and the Borough may also institute legal proceeding to collect the same. If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the escrow fees for professional services set forth above, the Municipal Agency may require additional escrow fees prior to, during or subsequent to any hearing on the development application. | ||
r. | Non-Refundable Inspection Fees. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat, or when authorization has been granted pursuant to the provisions of this chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval. | ||
1. | The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the inspection of improvements; provided that the Borough shall require of the developer a deposit for the inspection fees in an amount not to exceed, except in extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit, nor shall the developer proceed with any work for which an inspection is required until sufficient funds are on deposit. | ||
2. | The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the Borough. | ||
s. | Additional Inspection Fee Escrow for Excess Borough Expenses. If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the inspection fees set forth above, the Municipal Agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the Municipal Agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards. | ||
t. | Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements. | ||
u. | Tax Map Revision Fees. A fee of $25 plus $4 per lot or unit shall be charged for all minor and major subdivisions, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Borough Tax Map. This fee shall be paid prior to signing of the final plat of a major subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer/Surveyor. | ||
v. | Certificate as to Approval of Subdivision of Land | $50 | |
w. | Certificate of Pre-existing Use | $50 | |
x. | Grading Permit Application for Engineering Review of Individual Plot House Location/Grading Plans for fill over 10 cubic yards | $100 | |
y. | Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel or site are to be involved in the proposed site plan, a site area charge may be charged based upon an area extending 20 feet outside the limits of all construction including grading and landscaping as well as all other areas of site the Borough Engineer believes are reasonably affected by the development application. The 20 feet around disturbed areas shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas. | ||
z. | Supervision. | ||
1. | No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer. | ||
2. | No less than five days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone number and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspects of construction for which each is responsible. | ||
aa. | Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a Development Permit or the start of construction of any more improvements required by the provisions of this chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount based on Subsection 40-3.14r1 of this chapter. This amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. | ||
§ 40-3.15.1 Establishment and Purpose.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee is established for the purpose of reviewing applications for development on any municipally owned property or within any area of the Borough designated as an area in need of redevelopment or with respect to any other proposed development on commercially zoned property in or about the Borough's downtown, and to provide recommendations and technical assistance to the Mayor and Council and the Planning Board regarding the architectural and engineering design of the proposed development, and to ensure to the largest extent practicable that said designs are consistent with any applicable design guidelines adopted by resolution of the Mayor and Council, and then in effect, and the intent, purpose, meaning and spirit of the master plan, and any reexamination report thereof, and the applicable redevelopment plan then in effect.
§ 40-3.15.2 Permanent Members.
[Ord. No. 2005-25 § I; Ord. No. 2007-01 § I]
The Technical and Design Review Committee shall consist of nine members, who shall have the following qualifications:
a.
A chairperson, who shall be the Borough Administrator;
b.
A Councilmember serving on the Planning Board;
c.
The Chairperson of the Planning Board;
d.
The Mayor or the Mayor's designee;
e.
A member of the Belmar Environmental Commission;
f.
A non-architect representative designated by the Master Redeveloper;
g.
An architect designated by the Master Redeveloper;
h.
The Planning Board engineer or his designee; and
i.
The Borough's Director of Code Enforcement.
§ 40-3.15.3 Design Element Subcommittee.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall be assisted on each application by a Design Element Subcommittee, which shall review each detailed concept plan and site plan application and shall provide its comments and recommendations for the consideration of the full Technical Design and Review Committee. The members of the Design Element Subcommittee shall consist of the following:
a.
A member of the Belmar Arts Council, Inc.;
b.
A member of the Belmar Chamber of Commerce, provided that said member shall be an owner of a commercial property located in the Borough's downtown, or an employee or owner of business located in the Borough's downtown;
c.
Three permanent lay members, at least two of whom shall be residents of the Borough and at least one of whom shall be a retail business owner and/or owner of commercially zoned property located in the Borough's downtown;
d.
Two architects who shall be selected on a rotating or other random basis from among a panel or pool of architects who have submitted architectural plans or designs for properties to be redeveloped in the Borough's downtown, but shall not include an architect from a firm that is engaged by the developer whose project is the subject of the subcommittee's review; and
e.
The architect designated by the Master Redeveloper to serve on the Technical and Design Review Committee, or his/her designee, shall serve as the Chairperson of the Design Element Committee, but shall be entitled to vote on the comments or recommendations of the Design Element Subcommittee only in the event of a tie.
§ 40-3.15.4 Technical Subcommittee.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall be assisted on each application by a Technical Element Subcommittee, who shall review each detailed concept plan and site plan application and shall provide their comments in writing to the full Technical Design and Review Committee. The members of the Technical Element Subcommittee shall consist of the following:
a.
The Borough's Fire Department Administrator, who shall provide comments and recommendations regarding fire prevention code issues and accessibility by fire equipment;
b.
A member of the Borough's Americans with Disabilities Committee, who shall provide comments and recommendations regarding accessibility issues;
c.
Representatives of the Borough's Public Works Department, who shall provide comments and recommendations regarding public spaces, landscaping, sanitation, drainage, and water/sewer utility access;
d.
The Borough's Principal Project Assistant;
e.
Such additional members as the Mayor and Council may designate from time to time by resolution; and
f.
The Borough's Director of Code Enforcement shall serve as the Chairman of the Technical Element Subcommittee, but shall be entitled to vote on the comments and recommendations of the Technical Element Subcommittee only in the event of a tie.
§ 40-3.15.5 Appointments.
[Ord. No. 2005-25 § I]
Members of the Technical Design and Review Committee and Subcommittees who are not designated by virtue of their position or title, shall be appointed by the Mayor with the advice and consent of the Borough Council and shall serve for a term of one year. Prior to commencing service, all members of the Technical Design and Review Committee and its Subcommittees shall certify that they have read and are familiar with the Borough's Master Plan, and the subsequent reexamination reports thereof, the Redevelopment Plan then in effect, and such design guidelines as are then in effect.
§ 40-3.15.6 Scope of Review.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee shall serve in an advisory and screening capacity and shall review and make comments and recommendations with respect to all detailed concept plans submitted to the Mayor and Council and all site plans submitted to the Planning Board relating to proposed developments on municipally owned property, in any area designated as an area in need of redevelopment, or on any other commercially zoned property in the Borough's downtown. The Technical and Design Review Committee shall not impose standards or technical or design requirements that will infringe upon the marketability or economic feasibility of a project, except in compliance with the Redevelopment Plan then in effect, and such design guidelines as may be adopted from time to time by the Mayor and Council. The scope and extent of the review engaged in by the Technical Design and Review Committee and its subcommittees, if any, shall be proportionate to the nature and extent of the proposed development, it being understood that smaller, "in-fill" type projects will be subjected to less extensive technical review and comments than larger projects involving greater bulk and potential impact on the Borough and its infrastructure.
§ 40-3.15.7 Procedure for Review and Comment.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee, and the Design Element Subcommittee and the Technical Element Subcommittee shall establish uniform procedures for the sharing of information and plans, relating to proposed developments subject to this subsection, and the reporting of the Committee's comments and recommendations relating to the proposed development to the Mayor and Council in the case of detailed concept plans and to the Planning Board in the case of site plans. Nothing contained herein shall preclude the Mayor and Council from conducting its review of a detailed concept plan simultaneously or in conjunction with the review of the plan by the Technical and Design Review Committee. The Technical and Design Review Committee shall complete its review of proposed site plans prior to the submission of the site plan to the members of the Planning Board, and its written comments and recommendations shall be submitted to the Planning Board members at least 10 days prior to the Planning Board's hearing with respect to the proposed redevelopment.
§ 40-3.15.8 Meetings.
[Ord. No. 2005-25 § I]
The Technical and Design Review Committee, and the Design Element Subcommittee and Technical Element Subcommittee shall meet as often as necessary so as not to delay any application or project. A quorum based upon physical attendance of members shall not be required for the conduct of meetings or votes by the Technical and Design Review Committee or its Subcommittees. While physical meetings are preferred, the Technical and Design Review Committee and the Subcommittees are authorized to rely upon noncontemporaneous written, telephonic or other electronic communications of their respective members in reaching a consensus and voting upon the recommendations and comments to be submitted to the Mayor and Council and/or the Planning Board pursuant to this subsection. Nothing contained herein shall be construed to prevent one or more members from submitting a minority report expressing why he, she or they disagree with the consensus recommendations and/or comments reached by the majority. The Borough Administrator, or his or her designee, shall act as the liaison between the Borough Council and the Technical and Design Review Committee and its Subcommittees.
§ 40-3.15.9 Projects Requiring Plan Amendments.
[Ord. No. 2005-25 § I]
For all proposed developments where a plan amendment is required, the applicant shall first apply to the Mayor and Council for consideration of the proposed plan amendment.
§ 40-3.15.10 Escrow.
[Ord. No. 2005-25 § I]
The escrow fee provisions applicable to applications for development in the Borough shall be applicable to all projects required to be reviewed by the Technical and Design Review Committee and the Borough shall be entitled to deduct from the said escrow the amount of reasonable fees and expenses charged by the Planning Board's engineer in conducting the review.