Ocean Township Ocean County
City Zoning Code
City Zoning Code
ARTICLE XVII
Development Review Procedures Applicable to Planning Board and Board of Adjustment
§ 410-149 Jurisdiction.
A.
Planning Board. The Planning Board shall generally have exclusive jurisdiction over applications for the following, as set forth under Article III of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.
(1)
Subdivision approval as provided for under Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.
(2)
Site plat approval, subject to the revisions of Article XVI of this chapter, except for site plans submitted as part of the use variances subject to approval of the Board of Adjustment in accordance with N.J.S.A. 40:55D-70(d).
(4)
Whenever the proposed development requires approval pursuant to this code of a subdivision, site plan or conditional use, but not a variance pursuant to Subsection D of Section 57 of the Municipal Land Use Act (N.J.S.A. 40:55D-70), the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(b)
(c)
Direction pursuant to Section 27 of the Municipal Land Use Act[4] for issuance of a permit for a building or structure not related to the street.
[1]
Whenever relief is requested pursuant to this section, notice of the 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. However, the developer may elect to submit a separate application requesting approval of 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 approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approvals shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter.
[4]
Editor's Note: See N.J.S.A. 40:55D-36.
B.
Board of Adjustment. The Board of Adjustment shall have exclusive jurisdiction over all other applications for variances and such other matters as set forth in Article IV of Chapter 209, Land Use Procedure, of the Code of the Township of Ocean. In addition, the Board of Adjustment shall have the power to:
(1)
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 officer based on or made in the enforcement of this chapter;
(2)
Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance in accordance with this chapter; where by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article III of this chapter would result in peculiar and exceptional and undue hardship upon the developer of such property, grant upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
(3)
Where in an application or appeal relating to a specific piece of property the purpose of this chapter would be advanced by a deviation from this chapter requirement and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article III of this chapter; provided, however, that no variance from those departures enumerated in Subsection B(4) of this section, shall be granted under this section; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this chapter (N.J.S.A. 40:55D-60a); and
(4)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article III of this chapter to permit:
(a)
A use of principal structure in a district restricted against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c.291 (N.J.S.A. 40:55D-40);
(e)
An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c.291 (N.J.S.A. 40:55D-4), 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. A variance under this section shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board pursuant to Article XI of this chapter.
[1]
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation. An application under this chapter may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[2]
In addition, the Zoning Board of Adjustment shall have exclusive jurisdiction to hear all variance requests pursuant to N.J.S.A. 40:55D-70(b), commonly known as "use" variances, which shall be defined as those matters requesting:
[a]
Variances to allow a use, whether principal or accessory, in a district restricted against such use;
[b]
A variance to allow a principal structure in a district restricted against such structure, but not including accessory structures such as signs and parking lots which will be considered as C variances;
[c]
A variance to allow a greater density of dwelling units than that permitted by ordinance, except in the case of detached single- or two-family dwelling units on an isolated, undersized lot or on lots resulting from a minor subdivision;
[d]
A variance to allow an increase in the permitted floor area ratio;
[e]
A variance to allow expansion of a nonconforming use;
[f]
A variance from a condition of a conditional use which relates solely to that conditional use. That is, it is not a general condition in the zone or general condition of other conditional uses.
§ 410-150 Applications.
A.
Any application over which the Planning Board or Board of Adjustment has jurisdiction shall be submitted by the applicant to the appropriate municipal board, together with all supporting documentation as required under this chapter for the type of application involved.
B.
The municipal board having jurisdiction shall certify an application as complete before the application is heard by and presented to the board. The application shall be certified as complete as soon as the applicant has filed and met all requirements specified in the rules and regulations of the board having jurisdiction. In the event that the board takes no action to certify that an application is complete or incomplete, an application shall be deemed to be complete 45 days after its submission to the board. The time period required for a decision by the municipal board shall begin either on the day that the board deems the application to be complete, or 45 days after the submission of the application to the board, presuming the board takes no action to certify whether the application is complete or incomplete, whichever occurs first. The determination of the completeness of an application shall be made by comparing the application to a checklist adopted by the Township Committee for each of the appropriate boards. Furthermore, when applicant does not believe it necessary to submit all the documentation listed on the checklist for a determination of completeness, the applicant may request that one or more of the submission requirements be waived in its particular case.
§ 410-151 Fees.
A.
The applicant, at the time of filing, shall also submit a fee or fees as established under Article XX of this chapter. Such fees to defray costs incurred by the municipal board in its review of the application.
B.
Fees for applications or for the rendering of any service by the Planning Board or Board of Adjustment or any member of their administrative staffs which are not otherwise provided for in Article XX of this chapter may be provided for and adopted as part of the rules of either board, and copies of said rules or of the separate fee schedule shall be available to the public.
§ 410-152 Public hearings.
A.
Applications requiring public hearings. The following types of applications for development shall require a public hearing by the municipal board having jurisdiction prior to a decision on an application:
B.
Rules and procedures.
(2)
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 unless cancelled for lack of applications for development to process. The municipal agency may provide for special meetings, at the call of the chairperson, 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. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by Sections 23, 25, 49, 50 and subsections 8.e., 17.a., 17.b., and 57D of the Municipal Land Use Act.[1] Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirement of Section 25 of subsection 57D of the Municipal Land Use Act shall be deemed an action denying the application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 410-153 Time periods for decision.
A.
After receipt and certification of a complete application the municipal board having jurisdiction shall approve or disapprove said application within the following period of time, unless an extension of that time period is agreed to by the applicant:
(1)
Applications before the Planning Board.
(2)
Applications before the Board of Adjustment: 120 days for all requests made to the Zoning Board of Adjustment in conformance with N.J.S.A. 40:55D-70. In addition, all as set forth in Article IV of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean. The Board of Adjustment may refer any development application submitted to it to an appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
B.
In the event that the Planning Board or Board of Adjustment does not render a decision within the time periods prescribed in this section and the applicant has not agreed to an extension of time, any interested party may apply to the Superior Court of New Jersey in a summary manner for an order compelling the appropriate board to adopt such a resolution within a stated time period. The cost of such an application to the court, including attorneys' fees, shall be assessed against the municipality.
§ 410-154 Form and notification of decision.
A.
Each decision on any application for development shall be reduced to writing, as provided in this chapter, and shall include findings of facts and conclusions based thereon.
B.
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
C.
The municipal board may provide such written decision and findings and conclusions either on the date of the meeting at which the action is taken to grant or deny approval, or, if such meeting occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution setting forth the decision and the findings and conclusions of the municipal board thereon. An action resulting from the failure of a motion to approve an application shall be documented by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
D.
The adoption of a resolution pursuant to this section shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal board who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a record of an action of the municipal board, and not to be an action of the municipal board, provided, that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
E.
Wherever a resolution is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10.
F.
A copy of the decision shall be mailed by the municipal board having jurisdiction within 10 days of the date of decision to the applicant or, if represented, then to his/her attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
G.
A brief notice of decision shall be published in the office newspaper of the municipality. A reasonable charge may be made to the applicant for such publication. Said notice shall be sent to the official newspaper for publication within 10 days of the date of such decision.
§ 410-155 Required review by County Planning Board and Pinelands Commission.
A.
Whenever review or approval of an application by the County Planning Board is required by Section 8 of P.L 1963, c.285 (N.J.S.A. 40:27-6.6), the case of a site plan, the municipal board shall condition any approval that its agent 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.
B.
Whenever review or approval of an application by the Pinelands Commission is required (N.J.S.A. 13:18A-1 to 29, as amended), the municipal board shall condition its approval upon the receipt of approval or approval with conditions from the Pinelands Commission under the provisions of Article XIII of this chapter.
§ 410-156 Appeals of Board decisions.
Any appeal from the final decision of the Board of Adjustment must be appealed directly to the Superior Court of New Jersey, and cannot be appealed to the Township Committee of the Township. All decisions of the Planning Board shall be deemed final and not appealable to the Township Committee.