Port Republic City Zoning Code
ARTICLE VII
Administrative Procedures
§ 160-69 Adoption of rules and regulations.
The governing body, Planning Board and Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations, not inconsistent with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or with this chapter, for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the City Hall in the office of the City Clerk.
§ 160-70 Meetings; quorums.
[Amended 2-12-1980]
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 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. The agency may provide for special meetings, at the call of the Chairman or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and agency 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. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.
§ 160-71 Public meetings; minutes.
A.
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 provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and agency regulations.
B.
Minutes of every regular or special meeting shall be kept and shall include the names of all 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 the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the City 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 a reproduction of the minutes for his use. In accordance with the Open Public Meeting Act, N.J.S.A. 10:4-14, the minutes of the meetings shall be reasonably comprehensive and shall show the time and place, the members present, the subjects considered, the actions taken, the vote of each member and any other information required to be shown in the minutes by law.
§ 160-72 Hearings; decisions.
A.
The municipal agency shall hold a hearing on each application for development or adoption, revision or amendment to the Master Plan.
B.
The municipal agency shall make the rules governing such hearings. 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 City Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or other 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-1 et seq., shall apply.
D.
The testimony of all witnesses relating to any 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 the time and number of witnesses.
E.
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, 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 expense. The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted by N.J.S.A. 2A:11-15.[1] Said transcript shall be certified in writing by the transcriber to be accurate.
[Amended 2-12-1980]
[1]
Editor's Note: Former N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119. See now N.J.S.A. 2B:7-4.
G.
Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon.
[Amended 2-12-1980]
(1)
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.
(2)
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval or, if the meeting at which such action is taken 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 of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs is within the applicable time period for rendering a decision on the application.
(3)
The adoption of a resolution of memorialization pursuant to this subsection 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 agency who voted for the action previously taken, and no other member shall vote thereon. The vote of such resolution shall be deemed to be a memorialization of an action of a municipal agency and not to be an action of the municipal agency, except 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.
H.
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge, and to all others who request a copy of the decision for a reasonable fee. The date of decision shall mean the date of the signing of the decision and resolution, which shall not be unduly delayed, and shall not be construed to be the date of the hearing. A copy of the decision shall also be filed by the municipal agency in the office of the City Clerk. The City Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
I.
A brief notice of the decision shall be published in the official newspaper of the City of Port Republic. Such publication shall be arranged by the City Clerk for a reasonable fee for such service and the printing costs shall also be paid by the applicant. Nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. A period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the City Clerk or the applicant.
§ 160-73 Contents of notice.
Notices pursuant to §§ 160-74 and 160-75 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 160-75 of this chapter, an 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 Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 160-75B of this chapter.
§ 160-74 Delivery of notice.
A.
Notice pursuant to Subsection A(1) through (6) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(1)
Public notice of a hearing on an application for development shall be given except for:
(c)
Final approval pursuant to § 160-100 of this chapter; provided that public notice shall be given in the event that relief is requested pursuant to § 54-41[1] of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the City of Port Republic.
[1]
Editor's Note: Original § 54-41 of Ch. 54 of the 1982 Code was repealed 3-14-2006 by Ord. No. 01-2006.
(2)
Notice of a hearing requiring public notice pursuant to Subsection A(1) of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or on his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. 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 the condominium association in the case of any unit owner whose unit has a unit above or below it or to the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it shall be deemed sufficient notice as to the individual owner. 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.
[Amended 2-12-1980]
(a)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection A(2) of this section. 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 sum not to exceed that set by City Council[2] shall be charged for such a list.
[Amended 3-12-1985 by Ord. No. 47-1985]
[2]
Editor's Note: A Schedule of Fees is on file in the office of the City Clerk and is available for inspection during normal business hours.
(3)
Notice of 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.
[Amended 2-12-1980]
(4)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application 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.
(5)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a 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 City Clerk pursuant to § 160-72B of this chapter.
B.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
§ 160-75 Notice concerning Master Plan.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of the Master Plan, by publication in the official newspaper of the City of Port Republic at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality at least 10 days prior to the date of any hearings on adoption, revision or amendment of a Master Plan involving properties situated within 200 feet of such adjoining municipality.
C.
Notice by personal service or certified mail to the County Planning Board at least 10 days prior to the date of all hearings on the adoption, revision or amendment of the Municipal Master Plan. Such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto. Not more than 30 days after the date of such adoption, revision or amendment of the Master Plan, notice of such adoption, revision or amendment shall be given to the County Planning Board, which shall include a copy of the Master Plan or revision or amendment thereto.
§ 160-76 Effect of mailing notice.
§ 160-77 Notice concerning development regulations or capital improvement programs.
A.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of any such adjoining municipality at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings, and of the adoption, revision or amendment of the City capital improvement program or City Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Official Map or the capital program, or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 160-78 Filing of ordinances.
The City Clerk shall file with the County Planning Board, as soon after passage as possible, this chapter and any amendments or revisions thereto, and file and maintain for public inspection copies of such regulations in the City Clerk's office. The Official Map of the City of Port Republic shall not take effect until filed with the county recording officer.
§ 160-79 Appeals.
A.
Any interested party desiring to appeal any final decision of the Zoning Board of Adjustment approving an application for development pursuant to § 54-40A(4)[1] of this chapter shall appeal to the governing body. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 160-72I of this chapter. The appeal to the governing body shall be made by serving the City Clerk personally or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney if represented. Such appeal shall be decided by the governing body only upon the record established before the Zoning Board of Adjustment.
[Amended 2-12-1980]
[1]
Editor's Note: Original § 54-40A(4) of Ch. 54 of the 1982 Code was repealed 3-14-2006 by Ord. No. 01-2006. See now § 160-64D(4).
B.
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 160-72H of this chapter and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. Notice to the Zoning Board of Adjustment shall be deemed complete only when both the Secretary to the Zoning Board of Adjustment and the Attorney for the Zoning Board of Adjustment have received notice of the meeting. The parties may thereafter submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meetings pursuant to § 160-72F of this chapter.
C.
The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection A of this section, arrange for a transcript pursuant to § 160-72F for use by the governing body and pay a deposit to be set by City Council[2] or, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Zoning Board of Adjustment.
[Amended 2-12-1980; 3-12-1985 by Ord. No. 47-1985]
[2]
Editor's Note: A Schedule of Fees is on file in the office of the City Clerk and is available for inspection during normal business hours.
D.
The governing body may reverse, remand or affirm, wholly or in part, or may modify the final action of the Zoning Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of the Zoning Board of Adjustment.
F.
An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Board of Adjustment from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Zoning Board of Adjustment, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application, upon notice to the Zoning Board of Adjustment from whom the appeal is taken and on good cause shown.
G.
The governing body shall mail a copy of the decision to the appellant, or if represented, then to his attorney, without separate charge, and for a reasonable fee to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the City of Port Republic. Such publication shall be arranged by the City Clerk for a reasonable fee for such service and the printing costs shall be also paid by the appellant. Nothing contained herein shall be construed as preventing the appellant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the City Clerk or the applicant.
H.
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 160-80 Enforcement.
[Amended 4-13-1982 by Ord. No. 20-1982; 9-11-1990 by Ord. No. 08-1990]
The governing body shall enforce this chapter. To that end, the governing body shall require the issuance of a building permit as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, and the use or occupancy of any building, structure or land and the subdivision or resubdivision of any land. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any other ordinance of the City of Port Republic, the governing body and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. In the Pinelands Area, no zoning permit shall be issued unless the development application conforms to the application and review procedures set forth in Article XIII and the development standards of Article XIV.
§ 160-81 Appeals to Board of Public Utility Commissioners.
If a public utility, as defined by N.J.S.A. 48:2-13, is aggrieved by the action of a municipal agency through said agency's exercise of its powers under this chapter, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the municipal governing body if the public utility so chooses. Otherwise, the public utility may appeal to the governing body pursuant to § 160-79 of this chapter. In such case, appeal to the Public Utility Commissioners may be taken within 35 days after action by the governing body. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, this chapter or any regulation made thereunder to the contrary notwithstanding. This chapter or any regulation made thereunder shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall, after hearing, of which any municipalities affected shall have notice, decide that the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public. Nothing in this chapter shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
§ 160-82 Exclusive authority of municipal boards.
Any power expressly authorized by this chapter to be exercised by the Planning Board or the Zoning Board of the Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.
§ 160-83 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 and 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 under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 160-84 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, 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 and welfare, the municipal agency shall process such application for development in accordance with this chapter, and, if such application for development complies with this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate circumstance, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this chapter 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.
§ 160-85 Informal review.
[Added 2-12-1980]
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intents to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
§ 160-86 Absence of members.
[Added 2-12-1980]
A 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 absence from one or more of the meetings; provided, however, that such member has available to him the transcript or recording of all of the hearings from which he was absent and certifies in writing to the municipal agency that he has read such transcript or listened to such recording.
§ 160-87 Taxes or assessments due.
[Added 2-12-1980]
Any approval which is required pursuant to this chapter may require that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
§ 160-88 Low- and moderate-income housing controls on affordability.
[Added 6-14-1988 by Ord. No. 92-1988]
Any development providing inclusionary low- and moderate-income housing units shall meet the following requirements:
A.
Type of control. Control of affordability shall be by deed restriction filed with the county recording officer and the City.
B.
Length of control of rental and sales units shall be 20 years.
C.
Administration. The Planning Board shall administrate affordability controls by review of initial documents which set affordability levels, including leases, sales agreements, etc., and any subsequent turnover, sale, resale or sublease by review of appropriate documents.
D.
Affordability levels. Levels of affordability shall be those established by the Council on Affordable Housing (COAH) as follows:
E.
Family size and income. The basis for low and moderate income shall be the family size and Section 8 Housing and Urban Development income limits as follows:
Unit Size | Household (persons) | |
|---|---|---|
Efficiency | 1 | |
1 bedroom | 2 | |
2 bedrooms | 3 | |
3 bedrooms | 5 | |
4 bedrooms | 7 |
F.
Annual increases. The price and rent of affordable units may be increased annually according to increases in Section 8 income limits.
G.
The following additional requirements shall apply to inclusionary developments.
H.
Changes to affordability controls. Upon submission of evidence satisfactory to the Planning Board that affordability controls have rendered units unmarketable, modifications to such controls may be considered. Evidence regarding such unmarketability shall include but not be necessarily limited to the following:
§ 160-89 Amendments.
[Added 9-11-1990 by Ord. No. 08-1990]
In amending this chapter or the City's Master Plan, the City shall comply with all the requirements of N.J.A.C. 7:50-3.45.