Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-13.3
Appeals and Applications to the Board of Adjustment.
a.
Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of an administrative officer of the Borough based on or made in the enforcement of the development ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.
b.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
c.
The Board of Adjustment shall render a decision not later than 120 days after the date that (1) an appeal is taken from the decision of an administrative officer, or (2) a complete application for development is submitted to the board by a developer. 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.
d.
Applications to Board of Adjustment, Information Required.
1.
Checklist information required. All applications to the Board of Adjustment shall include information indicated on a checklist and all information so indicated shall be in the office of the clerk of the Board of Adjustment at least seven days before the applicant's hearing date. The information required and the items set forth on the checklist shall include the following:
(a)
One copy of Application Form A and variance application;
(b)
The fee for presentation of the variance application;
(c)
The fee for the assessor's list;
(d)
A notarized affidavit of service;
(e)
Proof that notice was mailed or hand-delivered to all persons within a 200 feet radius and that such service was given at least 12 days prior to the hearing. The applicant shall attach all proofs to the copy of the notice which is supplied by the office of the clerk of the Board of Adjustment, and the applicant shall return such proofs to the office of the clerk of the Board of Adjustment at least seven days before the hearing date;
(f)
Eleven certified copies of a survey of the property upon which a variance is requested indicating the buildings thereon;
(g)
An affidavit of publication demonstrating proof that notice was placed in the newspaper where there was publication at least ten days prior to the meeting date;
(h)
Photos of the premises and the adjoining premises;
(i)
The Borough tax map showing all premises within the 200 feet area and the property classification, as found on the tax assessor's list, must be marked on the surrounding properties; 11 copies of a map illustrating the drawings of the buildings adjacent to the premises requesting a variance;
(j)
Eleven copies of a plot plan, clearly indicating all such buildings as are on the surrounding properties, showing all front, side, and rear yard dimensions;
(k)
The subdivision, the site plan and 12 copies of the site plan, or the conditional use application, where applicable;
(l)
Twelve copies of any architectural drawings where applicable;
(m)
All taxes and water bills must be paid in full up to the date of the hearing.
(n)
For all major development pursuant to the Stormwater Management Rules, now codified at N.J.A.C. 7:8 et seq., the applicant will identify nonstructural stormwater strategies incorporated into the design, per Chapter 2 of the Best Management Practices (BMP) Manual. In addition, the Low Impact Development Checklist of Appendix A of the BMP Manual will be a required submission item for all site plans and subdivisions that fall under major development.
2.
Additional checklist and information.
(a)
Additionally, all site plan and subdivision applications must include a checklist and certain information.
(b)
The information required shall set forth: (i) the project title; (ii) the application number; (iii) the block and lot numbers; (iv) the date received and the date reviewed; (v) the address; and (vi) by whom the plans were prepared.
(c)
All of the items set forth on the checklist shall provide a column next to each item for a column entitled "Complies" and a column entitled "Does Not Comply" and a column entitled "Remarks". The items set forth on the checklist shall be as follows:
(1)
Approval requested.
(2)
Zone district.
(3)
Use (principal).
(4)
Use (accessory).
(5)
Building height.
(6)
Lot area.
(7)
Lot frontage.
(8)
Lot width.
(9)
Lot depth.
(10)
Front yard.
(11)
Rear yard.
(12)
Side yard.
(13)
Lot coverage.
(14)
Density.
(15)
Check general requirements for each zone.
(16)
Off-street loading.
(17)
Flood hazard (see § 19-10).
(18)
Condominiums (see Subsection 19-11.2).
(19)
Garden apartments (see Subsection 19-11.3).
(20)
Fences—sight triangles (see Subsection 19-11.4).
(21)
Lighting (see Subsection 19-11.5).
(22)
Nonconforming uses and building (see Subsection 19-11.6).
(23)
Landscaping (see Subsection 19-11.7a1).
(24)
Surfacing and curbing (see Subsection 19-11.7a3).
(25)
Access (see Subsection 19-11.7a4).
(26)
Parking space size definitions (see § 19-7).
(27)
Parking aisles and lanes (see Subsection 19-11.7a6).
(28)
Number of spaces (see Subsection 19-11.7b).
(29)
Performance standards (see Subsection 19-11.8).
(30)
Principal uses (see Subsection 19-11.9).
(31)
Signs (see Subsection 19-11.10).
(32)
Swimming pools (see Subsection 19-11.11).
(33)
Townhouses (see Subsection 19-11.12).
(34)
Townhouse fee simple (see Subsection 19-11.13).
(35)
Yard areas (see Subsection 19-11.14).
(36)
Trailers, campers, mobile homes (see Subsection 19-11.15).
(37)
Conditional use (see Subsection 19-12.3a).
(38)
Hotels and motels (see Subsection 19-12.3b).
(39)
Gasoline stations and parking lot (see Subsection 19-12.3a).
(40)
Public utility use (see Subsection 19-12.3d).
(41)
Amusements (see Subsection 19-12.3c).
(42)
Plan details (see Subsections 19-14.4 to 19-14.9).
(43)
Design standards (see § 19-15).
(44)
Bond requirements (see § 19-16).
(45)
Soil Removal Ordinance (see § 20-1).
(46)
Ocean County Planning Board.
(47)
Soil Conservation District.
(48)
Utility location and sizes.
(49)
C.A.F.R.A. approval required.
(50)
D.O.T. access.
(51)
Drainage.
(52)
Soil waste disposal.
(53)
Recreational area, multi-family uses (see Subsection 19-9.2d3).
(d)
Additionally, all applications shall be appropriately marked or checked in each one of these categories as complete as is possible.
(e)
Additionally, space shall be provided for appropriate comments by the applicant and by the reviewing board.
