Pursuant to N.J.S.A. 40:55D-23 et seq., there is hereby established a Planning Board consisting of nine members of the following four classes:

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."

The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and 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 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 this chapter 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 Mayor may appoint not more than two alternate members with the advice of the Borough Council. Alternate members shall meet the qualifications of Class IV members of nine-member Planning Boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member 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.

No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

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 event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

To make and adopt from time to time and amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

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 40:55D-59.

To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.

To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the Borough Council, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision, or amendment. 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 vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. 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.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuing planning process.

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.

Variances and permits.

Review of capital projects pursuant to N.J.S.A. 40:55D.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the Borough Council or other agencies or officers.

The Borough Council may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. 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.

Minor subdivision. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval, unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

Minor site plans. Minor site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Minor site plan approval shall confer upon the applicant the right that the general terms and conditions upon which minor site plan approval was granted shall not be changed for a period of two years.

Preliminary site plan approval. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres, and more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

Preliminary major subdivision approval. Upon submission of a complete application to the administrative officer for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the administrative officer for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the major subdivision.

Effect of preliminary approval. Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

Final approval.

Effect of final approval.

Combined preliminary and final major subdivision or site plan approval.

Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include site plan review. The time period for approval by the Planning Board of conditional uses shall apply to such site plan review.

Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Subsection K(9) of this section (N.J.S.A. 40:55D-60), the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit a separate consecutive application, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter and N.J.S.A. 40:55D-1 et seq.

Failure to act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Required approval by County Planning Board. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.

The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within 45 days of the referral.

The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.

The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development, but, for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subsection a of Section 7.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12).

The applicant shall arrange publication of a notice of the default approval in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

The applicant shall file an affidavit of proof of service and publication with the administrative officer, who, in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to Section 35, Subsection b of Section 38, or Subsection c of Section 63 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-47; N.J.S.A. 40:55D-50; N.J.S.A. 40:55D-76), as the case may be.

Establishment. The Historic Preservation Commission, referred to in this chapter as the "Commission," is established consistent with the Municipal Land Use Law; namely, at N.J.S.A. 40:55D-107 et seq.

Members. The Commission shall consist of seven regular members and two alternate members, all of whom shall be appointed by the Mayor. Members shall serve without compensation. At the time of appointment, at least one member shall be designated from each of the following classes:

Terms. Members of the Commission first appointed under this section during 2024 shall have their terms staggered such that two members shall be appointed to a one-year term, two members shall be appointed to a two-year term, two members shall be appointed to a three-year term, and one member shall be appointed to a four-year term. Alternate No. 1 shall be appointed to a two-year term, and Alternate No. 2 shall be appointed to a one-year term. The first year of the terms of all initial appointments under this section shall expire on December 31, 2024. Thereafter, the term of a regular member subsequently appointed shall be four years and the term of an alternate member shall be two years. Notwithstanding any other provision herein, the term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board.

Vacancies. A vacancy occurring other than by expiration of term shall be filled for the unexpired term only.

Officers. Annually, the Commission shall elect a Chair and Vice Chair from its members and select a recording secretary, who may or may not be a member of the Commission or a municipal employee.

Meetings. The Commission shall establish and post in Borough Hall a regular schedule of meetings with a minimum of one meeting per month. Regular meetings shall be held as scheduled unless cancelled for lack of applications or work to process. Additional special meetings may be called by the Chair or Vice Chair, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.

Alternate member participation. 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. If a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Council liaison. The Red Bank Borough Council shall designate a Council member to act as a liaison between the Commission and the Council.

Quorum/voting. Four members shall constitute a quorum. A majority vote of those present and voting shall govern and shall be sufficient to approve a permit recommendation on behalf of the Commission. Nonmember liaisons shall not be entitled to vote. A staff member of the Department of Planning and Zoning may attend meetings of the Commission and may participate in a nonvoting capacity.

Reports. The Commission shall prepare an annual report for the Borough Council, detailing all Commission activities, which shall be available to the public.

The Commission shall report to the Planning Board and the Zoning Board of Adjustment on development applications for properties in historic districts, designated historic sites, and properties identified in the historic preservation element of the Master Plan.

The Commission shall review permits for exterior improvements for buildings and structures in a historic district or designated as a historic site and report to the Planning Board regarding the historic preservation aspects of the requested permit that are not approved by an application for development.

The purpose of the Commission is to implement the historic preservation element of the Master Plan, to provide guidance to property owners in achieving preservation of historic resources and to advance the following public purposes:

To identify, record and maintain a survey of buildings, structures, sites, objects, improvements, and districts of historical significance within the Borough.

To carry out such other advisory, educational, and informational functions to promote historic preservation.

To recommend to the Planning Board and Borough Council historic resources for inclusion in the New Jersey and National Registers of Historic Places and for local designation.

To make recommendations to the Planning Board regarding the historic preservation element of the Master Plan and on the implications for preservation of historic landmarks and historic districts of any other Master Plan elements.

To make recommendations to the Planning Board and Borough Council on the historic preservation implications of any proposed or adopted development ordinances.

To draft and recommend to the Planning Board and Borough Council ordinances or amendments to existing ordinances that would resolve any conflicts that may exist between the design standards of this article and the development regulations of the Borough.

To advise and assist Borough officers, employees, boards, and other bodies, including those at the county, state, and federal levels, on matters that have potential impacts on the historic resources in the Borough.

To advise the Planning Board and the Zoning Board on applications for development pursuant to N.J.S.A. 40:55D-110.

To report to the Planning Board regarding permits.

To advise the Planning Board and Borough Council on the relative merits of proposals involving the use of public funds for historic resources and to secure grants and assistance to support and monitor such projects.

To provide guidelines for rehabilitation and design criteria to owners of historic properties and for new construction established under this chapter.

To seek any benefits that may be available under the National Historic Preservation Act or any other state, county, or federal legislation, including, but not limited to, the benefits that flow to communities under the certified local government program for training, grant funding, and technical assistance.

Budget. The Borough Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by Borough Council, unless Council by appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by Borough Council for the Commission's use. If the Commission receives gifts or grants, they will be placed in a dedicated fund for the exclusive use of the Commission.

Finances. The Borough Council shall establish reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of permits and reviews of applications for development. These fees are in addition to any other required under any portion of this chapter or any other applicable regulations.

The Commission shall adopt written rules for the transaction of its business and for the consideration of applications for permits, for reports on applications for development and for designation and de-designation of historic districts and sites. Such rules shall not be inconsistent with the provisions of this chapter and shall include, but not be limited to, rules pertaining to all notices and hearings required.

To provide information to the public that is useful to the preservation and protection of historic resources and to provide the basis for consistency of policy, the administrative officer on behalf of the Commission shall maintain complete files and records. The Commission's files shall include, but are not limited to, data used in the classification of buildings, places and structures, minutes of Commission meetings, comments on reviewed applications and permits.

The Commission shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions, and applications. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act.[1] Copies of all minutes shall be maintained in the office of the Commission and shall be delivered promptly to the Borough Clerk. A record of Commission proceedings shall be maintained and made available, but a formal verbatim record shall not be required.

Copies of records shall be made available to municipal bodies, agencies, and officials for their use.

When the Planning Board or Zoning Board of Adjustment refers an application for development to the Commission, the Commission shall provide a copy of its report to the referring board and shall provide a copy to the applicant.

The Zoning Officer shall maintain and display an up-to-date zoning map showing the historic districts, as well as a current listing of historic resources with addresses.

No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property that is the subject of an application, mere ownership or residence in a designated historic district or ownership of a designated historic site, or a non-designated site, shall not be deemed to be a personal or financial interest.

The members of the Board of Adjustment shall continue until their respective terms expire. Thereafter, the term of each member shall be four years from January 1 of the year of their appointment. The terms of members first appointed under this subsection shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. The terms of not more than two alternates shall expire in any one year.

The Mayor may appoint not more than four alternate members who shall be designated at the time of their appointment as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." Alternate members shall meet the same qualifications as regular members.

Alternate members may participate in all matters, 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 members shall vote in the order of their numerical designations.

The Board of Adjustment shall have the power to:

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 N.J.S.A. 40:55D-37 through 40:55D-59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection K(1)(d) of this section (N.J.S.A. 40:55D-70d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. 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 and this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter and according to N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to N.J.S.A. 40:55D-70d [Subsection K(1)(d) of this section] shall not be required.

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.

Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.

If such reports are not received by the Zoning Board of Adjustment within 45 days from the date or dates of such references, the Zoning Board of Adjustment may proceed to act without further delay and without reference to such reports should they be received after the expiration of such forty-five-day period.

When such a report is received from the Planning Board within 45 days, the Zoning Board of Adjustment shall take no action inconsistent therewith except by the affirmative vote of a majority of the fully authorized membership of the Zoning Board of Adjustment.

The report of the Shade Tree Commission, Environmental Commission or any other person or agency shall be advisory only.

Whenever an application for development requests relief pursuant to Subsection K(1), (2), (3) or (4) of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter and N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period described shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Board of Adjustment 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.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 40:55D-69d shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

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 Meetings Law, N.J.S.A. 10:4-6 et seq.

Rules. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and 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. of this chapter.

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 municipal agency. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

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-1 et seq., shall apply.

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.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Records. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a duplicate recording, on request to any interested party, at the party's expense. The municipal agency, when furnishing a duplicate recording of the proceedings to an interested party at the party's expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4.[1]

Absences and continued hearings. 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 recording of all of the hearings from which he or she was absent and certifies, in writing, to the Board that he or she has read such transcripts or listened to such recording.

Public notice of a hearing on an application for development shall be given, except for minor subdivisions pursuant to N.J.S.A. 40:55D-47, minor site plans or final approval pursuant to N.J.S.A. 40:55D-50, and provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice. In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant N.J.S.A. 40:55D-31 or, if so provided by ordinance adopted pursuant to Subsection g of N.J.S.A. 40:55D-39, by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.[2]

Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

Notice of a hearing requiring public notice pursuant to this section shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by:

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. 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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. 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.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection D(3) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

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.

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.

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.[3]

Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection D(1) of this section shall be given:[4]

The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

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.

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.

Notice pursuant to Subsection D(5), (6), (7), (8) and (9) of this section shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) of this section and notice pursuant to Subsection D(3) and (4) of this section are required.[5]

The municipal agency (Planning Board, Board of Adjustment or Borough Council) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through a resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the municipal agency on the application for development; or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution; the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by Subsection F(2) and (3) below of this section (N.J.S.A. 40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorneys' fees, shall be assessed against the municipality. 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. 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. Any 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 within the applicable time period for rendering a decision on the application. 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 on such resolution shall be deemed to be a memorialization of an action of the 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. Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publication required by Subsection F(2) and (3) of this section.

A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours.

A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant, and proof of publication shall be submitted to the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

Such notice, as required by Subsection F(3) of this section, 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, whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision and, thereafter, from time to time, extended for proper cause shown by the applicant.

Failure of an applicant to publish as herein required shall render any approvals null and void.

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.

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.

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.

The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.

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.

An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the administrative officer, agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period, unless:

The applicant may request that one or more of the submission requirements be waived in the event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be an error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such information of any revisions in the accompanying documents so required by the municipal agency.

Nonrefundable application fees. The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Red Bank by cash, certified check or bank draft. The fee to be paid shall be the sum of the fees for the component elements of the plat. 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.

Escrow funds required to be deposited with the Borough toward anticipated expenses for professional services to review applications for development, to review and prepare documents and to inspect developments under construction.

Inspection fees as per procedures prescribed by the Department of Planning and Zoning consistent with the Municipal Land Use Law (N.J.S.A. 40:55D-53).

Required inspection fees shall be paid prior to the issuance of a development permit.

If the municipal agency determines that a proposed development involves unusual or complicated aspects which could result in expenses to the Borough in excess of the inspection fees set forth above, the municipal agency may, as a condition of 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.

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 Municipal 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 Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

Except as otherwise permitted by the Local Lands and Building Law, N.J.S.A. 40A:12-1 et seq., the following minimum prices shall be established for easements, licenses, and any other encroachments upon or encumbrances of Borough-owned lands or rights-of-way:

The Borough shall have the right to increase these minimum bids, at its discretion, upon a finding that special circumstances exist warranting an increase in the aforementioned minimum bids.

Nothing in this section shall otherwise restrict, or limit, the Borough from exercising any other rights or powers granted to it by the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq.

Where changes in the plat are requested by the municipal agency or Borough Engineer, no fees need be paid, and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.

Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency, where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of $350 will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the municipal agency approval, which involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to 1/2 the fee required for the initial submission will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the municipal agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.

Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.

Minor subdivisions and site plans: $225.

Major subdivisions and site plans: $250.

Other applications for development: $75.

When an application for development requires revisions to the Borough's Tax Maps, which may include costs in regard to reviewing deeds and revising said maps in addition to costs incurred by the Borough Assessor's office in establishing additional line items, the following fees will be paid prior to or as a condition of final approval or issuance of a development permit:

Where an applicant sells or leases property necessitating subsequent revisions to the Borough's Tax Maps, the applicant or present owner (if different from the applicant) shall be responsible for additional Tax Map revisions. Subsequent fees shall be the same as above and paid prior to the issuance of a certificate of occupancy for each new unit.

The purpose of this article is to establish regulations pursuant to which a developer, as a condition for approval of a subdivision and/or site plan, shall pay a pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, and provide for open space and park improvements, located off tract but necessitated or required by construction or improvements within the subdivision or development.

To the fullest extent permitted by New Jersey law, presently or as may be amended and supplemented from time to time, and whenever the Borough can fairly and reasonably establish, based upon appropriate traffic and utility service analyses, plans or studies and open space or park improvement plans, the proportionate or pro rata amount of the cost of the aforementioned facilities that shall be borne by each developer or owner within a related and common area as provided for herein, the developer or owner shall pay said cost as a condition of approval up to the following amounts:

The foregoing amounts shall apply to each square foot of lot coverage only and shall not be required for additions to existing owner-occupied residential dwellings unless said addition increases the total square footage of lot coverage by the dwelling by more than 50%.

Where a developer or owner pays under protest the amount determined to be his/her/its pro rata share as provided for herein, he/she/it shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

The provisions of this article notwithstanding, nothing herein shall prevent a developer or owner from voluntarily agreeing to pay, and the Borough agreeing to accept, an amount, either by way of direct contribution or in-kind services, that the developer or owner agrees reflects the pro rata or proportionate share of the cost of providing reasonable and necessary off-tract improvements or facilities required by the construction or improvements to be approved pursuant to a respective development application. In such a case, the Borough and developer or owner may enter into a developer's agreement that provides for said direct payment or in-kind services in lieu of any contribution provided for pursuant to the provisions of this article. In addition, the Borough may waive the requirements of this article for any duly authorized redevelopment project.

Development permits shall hereafter be secured from the administrative officer prior to:

Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including, but not limited to:

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 approval.

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.

The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said 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.

Each such certificate shall be designated as "certificate as to approval of subdivision of land" and shall certify:

The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.

Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate 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.

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.

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.

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.

New uses.

Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant, or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.

Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) 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 that such change in occupancy or use is not a change in use as herein defined and determines, therefore, that a development permit is not required, provided that the applicant has met the requirements of other applicable regulations.

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.

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.

It shall be a violation of the provisions of this chapter to:

The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Other activities prohibited by or failure to engage in other activities required by this chapter shall also be considered violations.

In addition to the foregoing, the municipality may institute and maintain a civil action:

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 assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey 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.

The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.

If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.

All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.