Seaside Heights City Zoning Code
ARTICLE I
General Provisions
§ 246-1 Short title.
This chapter shall be known as the "Borough of Seaside Heights Land Use Ordinance."
§ 246-2 Intent; purpose.
The intent and purposes of this chapter are:
A.
To encourage municipal action to guide the appropriate use and development of all lands in the Borough of Seaside Heights in a manner which will promote the public health, safety, morals and general welfare;
B.
To secure safety from fire, flood, panic and other natural and manmade disasters;
C.
To provide adequate light, air and open space;
D.
To ensure that the development of the Borough of Seaside Heights does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
E.
To promote appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preserve the environment;
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G.
To provide sufficient space in appropriate locations for a variety of land uses, and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of the residents of the Borough of Seaside Heights;
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of facilities and routes which result in congestion or blight;
I.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
J.
To promote the conservation of historic sites, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment which might otherwise occur through improper use of land;
K.
To encourage development which is carefully planned to incorporate the best features of design and properly relate the land use development to the particular site;
L.
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zone;
M.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
N.
To promote use of renewable energy resources; and
O.
To promote the maximum practicable recovery and recycling of materials from municipal solid waste through the use of planning practices designed to incorporate and complement the State Recycling Plan goals.
§ 246-3 Establishment of controls.
The regulations established by this chapter shall be held to be the minimum requirements and shall apply uniformly to each class or kind of structure or land. It is not the intention of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction with regard to use, height or open space, the provisions of this chapter shall govern.
A.
Use of land; construction of buildings. On and after the effective date of this chapter, no land or building shall be used, constructed, located, altered, rebuilt or enlarged for any purpose within the Borough of Seaside Heights except in conformity with the restrictions and regulations established by this chapter for the zone in which such land or building is located, and in conformity with all other pertinent terms and provisions of this chapter.
B.
Existing uses and structures. In all zones, after the effective date of this chapter, any existing building or structure and all tracts of land, the use of which is not in conformity with the regulations for the zone in which it is located, shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconforming lots, uses and structures.
C.
Failure to comply. Any building constructed, rebuilt, altered or located on or after the effective date of this chapter in violation of the restrictions and regulations established for the zone in which it is located or in violation of other pertinent terms or provisions of this chapter shall be changed, altered, corrected or relocated by the person who constructed or located such building and by the owner of the land on which it is situated so that both building and premises shall conform to all provisions of this chapter. Such change, alteration, correction or relocation shall be made within 30 days after notification, in writing, by the Zoning Officer to the person who constructed, altered or located the building and the owner of the land on which it is located. Such notification shall be by personal service on those to be served or by certified or registered mail, return receipt requested, to the last known address of those to be served.
D.
Any nonconforming building or structure or any building or structure situated upon a nonconforming lot, which has been legally used primarily for year-round occupation, may continue to be occupied on a year-round basis. Any expansion of a nonconforming building or structure or any building or structure situated upon a nonconforming lot from less than year-round use to year-round use, requires the owner to apply for a use variance permitting such expansion.
[Added 6-7-2000 by Ord. No. 2000-11; amended 8-7-2002 by Ord. No. 2002-18]
§ 246-4 Word usage and interpretation.
A.
As used in this chapter, the word "shall" denotes a mandatory requirement, and the term "may" indicates a permissive action.
B.
Words and phrases shall be presumed to have their ordinary meanings, unless specifically defined differently. Disputes concerning definition or interpretation of a word or phrase shall be resolved by the Land Use Board.
§ 246-5 Definitions.
The meaning of words and phrases defined by the Municipal Land Use Law, particularly N.J.S.A. 40:55D-3 through 40:55D-7, if not contained in this section, are incorporated herein and declared to be a part of this chapter. As used in this chapter, the following words and phrases shall have the meanings indicated:
A building or structure detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building or structure.
A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use shall be conducted in the main or an accessory building or structure.
The Land Use Board Secretary, unless a different municipal official is designated within this chapter.
As applied to a building or structure, a change or rearrangement in the structural supports or other structural parts, or in the existing facilities; an enlargement, whether by a change in height, width or depth; or moving a building or structure from one location or position to another.
A developer submitting an application for development.
The Land Use Board of the Borough of Seaside Heights, unless a different agency is designated by this chapter, when acting pursuant to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter.
A story partly underground and having more than 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
A sign which directs attention to a business, product, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and designed in conjunction with the sign standards of Chapter 191.
An area of land usually bounded by streets, railways, streams or other barriers to development, which includes within its boundaries land parcels designated by lot numbers on the Municipal Tax Maps.
A covered passageway extending between a main and an accessory building and having a permanent connection so as to be, or become, an integral part of the main building.
An area within a property or site generally adjacent to or parallel with the property line either consisting of natural existing vegetation or created by the use of trees, shrubs or fences and used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffers may include fences or berms as well as vegetation. All fences shall be constructed with structural elements and posts facing the property or site on which they are located.
Any structure having a roof supported by columns, piers or walls, or having other support, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, intended for the shelter, housing or enclosure of any person or use.
The aggregate of the areas of all buildings, as defined in the definition of "building," on a tract. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
The vertical distance measured from the ground point determined within this chapter to the top of the roof beam.
[Amended 8-4-2004 by Ord. No. 04-10]
A building or structure in which is conducted the main or principal use of the lot on which said building is situated, to which all other buildings and structures on the lot are accessory.
An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line. All yard requirements are measured to the building line. This is the line which no building or structure shall extend beyond unless otherwise provided for in this chapter.
Permanent devices set in each stall to block the front wheels and prevent encroachment beyond the stall space.
A freestanding projection from a wall of a building or structure to support a balcony, cornice, etc.
An open structure attached to the main building intended for the sheltering of motor vehicles and being not more than 400 square feet in area. The carport shall have no sides, unless such sides are the exterior walls of adjacent buildings or structures.
A story partly underground and having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground.
A certificate issued by the Building Inspector or other designated Construction Official of the Borough of Seaside Heights upon completion of construction, modification or alteration of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Land Use Board and/or all other applicable requirements.
A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses or rectories, convents and such accessory uses. The word "church" shall exclude, however, buildings or uses for residential, educational, burial, recreational or other purposes not normally associated with worship.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Land Use Board.
Any lot fronting on two or more streets.
A board or table in commercial establishments behind which the vendor stands and upon which goods are displayed or consumed or monetary transactions made.
An establishment holding a state-issued craft distillery license pursuant to N.J.S.A. 33:1-10 entitling the holder, subject to state rules and regulations, to manufacture and bottle, distribute and sell the products authorized by such license.
[Added 4-5-2017 by Ord. No. 17-06]
The opening along the curbline at which point vehicles may enter or leave the roadway.
The elevation of the curb as established. The center-line elevation of the street at the midpoint of the lot.
The permitted number of dwelling units per gross area of land to be developed.
The mean distance between front property line and rear property line.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law or this chapter.
An easement required for the installation of storm sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream, watercourse or other drainage facility.
A detached residential structure designed to provide living facilities, including kitchen, for one family only.
—[Amended 12-20-2006 by Ord. No. 06-21]
[Amended 12-20-2006 by Ord. No. 06-21]
APARTMENT UNITA dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
HOTEL or MOTEL UNITA temporary dwelling unit for transient use having limited or no storage space and at least one, full bathroom.
ROOMING HOUSE UNITA dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
The official action of the Land Use Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
Any vessel used, designed or occupied as a permanent dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Borough of Seaside Heights, whether such vessel is self-propelled or not, and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
That area within the Borough of Seaside Heights covered by any waterway within the Borough where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
An open space existing between the property line upon which a building fronts and the front setback line and running entirely across the lot to the two side property lines.
A building used, intended or suitable as an accessory to a dwelling unit which provides for the storage of one or more motor vehicles, but not exceeding three such motor vehicles, and in which no occupation, business or service for profit is carried on.
Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, greasing, washing, polishing or other cleaning and servicing of automobiles or other motor vehicles, including the supplying of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations, but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.
All areas of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services, such as car washing and the sale, installation and repair of tires, batteries or other automobile accessories.
The sum of the gross horizontal areas of the floor or floors of any building which are enclosed and usable for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, storage and sales facilities. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two dwelling units. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space unless such areas are improved for residential purposes.
A professional or vocational activity carried on only by a full-time resident of the premises, conducted as an accessory use within the resident's dwelling or in a separate structure, which is accessory to the main building or structure, such as a garage that is located on the same site. The home occupation shall not create the need for off-street parking beyond normal residential needs, shall not generate additional motor vehicle traffic and shall not require any equipment other than that normally used in household, domestic or general office use.
The office of a member of a recognized profession when conducted on residential property by the full-time resident thereof. Such occupations shall include doctors, lawyers, architects, engineers, planners, accountants, ministers, dentists and may include other recognized and licensed professional persons.
Any building containing any combination of temporary dwelling units, with no more of the following percentages of such dwelling units being used for nontransient rentals at any given time:
[Added 12-20-2006 by Ord. No. 06-21; amended 12-17-2008 by Ord. No. 08-17]
From January 1, 2009, through December 31, 2009: 35% of the total dwelling units in the hotel or motel.
From January 1, 2010, through December 31, 2010: 30% of the total dwelling units in the hotel or motel.
From January 1, 2011, through December 31, 2011: 25% of the total dwelling units in the hotel or motel.
From January 1, 2012, forward: 20% of the total dwelling units in the hotel or motel.
Any vessel not designed primarily for residential dwelling units, but designed primarily for pleasure craft, recreation and for independent navigation, whose volume coefficient is less than or equal to 3,000 square feet, and not considered a floating home in accordance with the definition of "floating home."
Those animals traditionally kept as pets, such as dogs or cats, and excluding such animals traditionally kept as livestock.
A use approved by the Zoning Officer applied on a temporary basis as prescribed while permanent plans for the area are formulated or implemented.
[Added 3-1-2023 by Ord. No. 2023-03]
The designated land use board of the Borough of Seaside Heights, known as the “Land Use Board,” and referred to within this chapter as the “Board.” Any and all references within this chapter to the Planning Board shall be revised and deemed to be references to the Board.
[Added 12-17-2008 by Ord. No. 08-17]
Any area and/or structure used or intended to be used for the conducting and operation of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
The provision of lawns, trees, plants, stone and other natural and decorative features in order to improve the visual and climatic condition of the land.
An establishment holding a state-issued limited brewery license pursuant to N.J.S.A. 33:1-10 entitling the holder, subject to state rules and regulations, to manufacture and bottle, distribute and sell the products authorized by such license.
[Added 4-5-2017 by Ord. No. 17-06]
A designated parcel, tract or area of land established by plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
The total horizontal area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
A parcel of land at the intersection of and fronting on two or more intersecting streets.
The percentage of the lot area occupied by the ground area of principal and accessory buildings, structures, driveways and parking areas.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
Any boundary line of a lot.
The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
Any subdivision not classified as a minor subdivision.
A dock or base, operated for profit or to which public patronage is invited, providing moorings or marine services primarily for power yachts, launches or other watercraft other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of water for repair or as a result of emergent conditions.
A subdivision of land that does not involve the creation of more than three lots, a planned development, any new street, or the extension of any off-tract improvements.
[Added 4-5-2023 by Ord. No. 2023-06]
A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which, by reason of such adoption, revision or amendment, fails to conform to the present requirements of the zone in which the lot is located.
A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which the building or structure is located.
A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which it is located by reason of such adoption, revision or amendment.
A roofed piazza or porch which projects beyond a main wall of a building or structure.
A paved open area other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers.[1]
The conferral of certain rights specified herein prior to final approval after elements of the preliminary plan have been reviewed and approved.
Any garage available to the public and conducted or operated for gain.
An open space situated between the rear property line and the rear setback line and running entirely across the lot to the two side property lines.
The total number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open space are provided.
An establishment regularly and principally used for the purpose of providing meals to restaurant patrons that are seated at tables and chairs in a dining room, having a full-service kitchen adequately equipped for the preparation, cooking and serving of food and shall have, at minimum, a dishwasher, range, sink, oven, refrigerator and countertop. The restaurant shall offer to customers a standard printed menu or menu board system or similar signage featuring a list of meals and food items with separate prices listed adjacent to each meal item, or a price for a full course meal.
[Amended 5-19-2021 by Ord. No. 2021-14]
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or which is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses and which grants the right of one to pass over the property of another.
Any combination of rooming house units in a building in which all units may be used for nontransient rentals at any given time.
[Added 12-20-2006 by Ord. No. 06-21]
A method of visually shielding or obscuring one structure or use from another structure or use by using walls, berms or densely planted vegetation which acts as a visual barrier and a muffler of noise.
The line beyond which a building or structure shall not extend unless otherwise provided for in this chapter.
Any sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior of a building or structure, illuminated sign, projecting sign, temporary sign, flag, pennant or badge, which includes a visual communication of any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person, firm or corporation when the same is placed out of doors in view of the general public. This shall not include official court or public notices, the flag or an emblem or insignia of a government, a school or a religious group when displayed for official purposes, or any public traffic or directional signs.
The area included within the edges of the sign or within the outer edges of any frame attached thereto, whichever is greater. Where the sign has no clearly defined frame or edge, the "sign area" or "area of a sign" shall be defined by and in terms of four sides (straight sides) which most closely outline such sign or frame.
Any sign which indicates on-site traffic flow or access which carries no advertising message.
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. A split-level story shall be considered a story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. A half story is defined as the uppermost story of a building in which a sloping roof replaces the upper part of the wall.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this act, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including among other things buildings, stadia, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences over six feet in height and display signs.
[Amended 6-7-2000 by Ord. No. 2000-11]
A rental for 90 days or less to a tenant having a permanent residence elsewhere.
[Added 12-20-2006 by Ord. No. 06-21]
Any purpose or activity for which land, a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
The officially established Zoning Officer of the Borough of Seaside Heights.
[1]
Editor's Note: The former deginition of “Planning Board,” which immediately followed, was repealed 12-17-2008 by Ord. No. 08-17. This ordinance also provided that all references to the Borough's Planning Board, in this chapter and throughout the Code, be replaced with references to the Borough's Land Use Board. See also definition of “Joint Land Use Board.”
§ 246-6 Authorization to adopt rules and regulations.
The Land Use Board shall adopt and may amend reasonable rules and regulations for its administrative functions and shall furnish a copy thereof to any person upon request. A reasonable fee may be charged.
§ 246-7 Application fees; development review fees; application review escrow account.
[Amended 12-20-2006 by Ord. No. 06-21]
A.
Fees shall be as follows:
(1)
The following application fee must accompany the application when filed with the Land Use Board Secretary:
(a)
Applications concerning residential properties containing one or two dwelling units: $100.
(b)
Applications concerning residential properties containing from three to five dwelling units: $250.
(c)
Applications concerning business or commercial properties or residential properties containing six or more dwelling units: $500.
(2)
Special meetings held on a nonscheduled meeting night requested by and/or charged to applicant: $750.
(3)
Certified list of owners within two-hundred-foot radius: $10.
(4)
Preparation of transcripts: actual cost of transcript, plus statutorily permitted copying fee per page.
(5)
Administrative change to previously approved site plan by letter request: $125.
(6)
Letter request determined to be ineligible for administrative change: $50.
B.
Escrows. Each applicant shall submit, prior to any application being deemed complete, certain amounts to be held in escrow according to Schedule B attached hereto and incorporated herein.
§ 246-8 Exemption from payment of fee.
The following are exempt from payment of the initial review fee:
§ 246-9 Meetings.
A.
The Board shall fix the time and place for holding regular meetings.
B.
Regular meetings shall be held once a month unless canceled for lack of applications.
C.
Special meetings may be called for by the Chairman or at the request of any two members of the Board, which special meeting shall be held on notice to its members and the public in accordance with all statutory legal requirements.
D.
No action shall be taken at any meeting without a quorum being present (that is a majority of the full authorized membership of the Board having power to act).
E.
All action shall be taken by a majority vote of the members present, unless required otherwise by any provision of the Municipal Land Use Law.
F.
All regular and special meetings shall be open to the public. An executive session for the purpose of discussion and study shall not be deemed a regular or special meeting.
G.
Minutes shall be kept of every regular and special meeting and shall be made available for public inspection or used as evidence in a legal proceeding. A reasonable fee for a copy of the minutes may be charged.
§ 246-10 Hearings.
Hearings shall be held by the Land Use Board for all development applications. Notice of such hearing in accordance with the public notice requirements listed below shall be provided for by the applicant/developer/subdivider for all applications.
A.
Public notice shall be given pursuant to N.J.S.A. 40:55D-12. At least 10 days prior to the date of the hearing, a notice of hearing shall be given stating the date, time and place of the hearing and 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 Municipal Tax Assessor's office and the location and times at which maps and exhibits for which approval is sought are available for inspection.
(1)
Such notice shall be given as follows:
(a)
By publication in the official newspaper of the Borough of Seaside Heights.
(b)
To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the owner, as shown on the current tax duplicate, or 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 said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(c)
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, the vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. Where notice is required to be given to owners of all real property as shown on the current tax duplicate and within 200 feet of the subject property, 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.
(d)
To the Clerk of any adjoining municipality or municipalities and to the County Planning Board when the property involved is located within 200 feet of said adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(e)
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official County Map or a County Master Plan or adjoining other county land.
(f)
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.
(g)
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.
(2)
Upon written request from the applicant, the Land Use Board Secretary shall obtain from the Municipal Tax Assessor and provide to the applicant a certified list from the current tax duplicate of the names and addresses of owners within 200 feet of the subject property to whom the applicant is required to give notice for a fee of $10.
B.
Each decision on an application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.
(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 board may provide such written decision and findings and conclusions either on the date of the meeting at which it 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 thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding that 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 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 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 the Board and not to be an action of the Board, 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.
(4)
Whenever a resolution of memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the required mailings, filings and publications.
(5)
A copy of the decision shall be mailed within 10 days of the date of the 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. A copy of the decision shall also be filed in the office of the Municipal Clerk. The Municipal Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at reasonable hours.
(6)
A brief notice of the decision shall be published in the official newspaper of the Borough of Seaside Heights by the Secretary of the Land Use Board, and the cost is to be paid by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
C.
Conduct of hearings.
(1)
The Land Use Board shall make and adopt rules governing such hearings. The subject maps and documents shall be available for public inspection at least 10 days before the date of the hearing.
(2)
The officer presiding at the hearing shall have power to administer oaths and issue subpoenas.
(3)
The testimony of all witnesses shall be taken under oath or affirmation, and the right of cross-examination shall be permitted to all interested parties, subject to the discretion of the presiding officer as to reasonable limitations of time and number of witnesses.
(4)
Technical rules of evidence shall not apply, but the Board may exclude irrelevant, immaterial and unduly repetitious evidence.
(5)
A verbatim recording of the proceedings shall be provided either by stenographer or by mechanical or electronic means. Transcripts or duplicate recordings shall be provided on request to any interested party at his expense. Said transcript shall be certified in writing.
§ 246-11 Informal review of concept plan for development.
At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Any fees for such an informal review shall be a credit toward fees for review of the application for development. Neither the Land Use Board nor the developer shall be bound by such review.
§ 246-12 Vote by Land Use Board member absent from hearing.
A member who was absent from one or more meetings at which a hearing was held shall be eligible to vote, provided that such member has read the transcript or listened to the recording and so certifies in writing.
§ 246-13 Completion of application for development; waiver of requirements for submission.
A.
An application shall be deemed complete when so certified by the Board, for the purpose of commencing the applicable time period for action.
B.
If the Board does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete unless:
C.
The applicant may request a waiver of one or more submission requirements. Such request shall be granted or denied within 45 days.
D.
The applicant shall prove he is entitled to approval of the application.
E.
The Board may require the correction of information and the submission of additional information not specified herein or revisions which are reasonably needed to make an informed decision as to whether the requirements necessary for approval of the application have been met.
§ 246-14 Failure of Board to act within allowed time.
A.
The applicant shall provide notice of the default to all entitled to notice on the application for development by personal service or certified mail.
B.
The applicant shall arrange publication of the notice of default in the official Borough newspaper.
C.
The applicant shall file proof of service and publication as provided by law.
§ 246-15 Notice concerning Master Plan.
The Land Use Board shall give, at least 10 days prior to the date of a hearing:
A.
Public notice of the adoption, revision or amendment of the Master Plan.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality when property within 200 feet of such municipality is involved.
C.
Notice by personal service or certified mail to the County Planning Board, including a copy of proposals to be heard. Notice shall also be sent to the county within 30 days of the adoption of proposals, including a copy as adopted.
§ 246-16 Effect of mailing notice.
Any notice made by certified mail pursuant to the provisions contained herein shall be deemed to be complete upon mailing.
§ 246-17 Filing of ordinances.
A.
Development regulations, except for the Official Map, shall not take effect until a copy is filed with the County Planning Board.
B.
A zoning ordinance, or amendment or revision, which is inconsistent with the land use element of the Master Plan shall not take effect until a copy of the required resolution has been filed with the County Planning Board.
C.
The Official Map shall not take effect until it is filed with the County Recorder.
D.
All copies of development regulations, reviews or amendments shall be filed and maintained by the Borough Clerk.
§ 246-18 Enforcement.
The governing body of the Borough of Seaside Heights shall enforce the provisions of this chapter and the New Jersey Municipal Land Use Law on which it is based. In the event of any violations of this chapter and the Land Use Law, the proper local authorities or any interested parties, in addition to other remedies, may institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, to prevent the occupancy of said unlawful construction or land use, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 246-19 Exclusive authority of Land Use Board.
Any power authorized herein to be exercised by the Land Use Board shall not be exercised by any other body except as may be otherwise provided under the New Jersey Municipal Land Use Law.
§ 246-20 Tolling of running of period of approval.
If, during the period of approval, the developer is barred or prevented from proceeding by a legal action or order and the developer is otherwise ready to proceed with the development, the running of the period of approval shall be suspended for the time said legal action is pending or such court order is in effect.
§ 246-21 Conditional approvals subject to pending legal action or other agency approvals.
A.
Approved application pending legal action. The Land Use Board shall process the application and grant approval, if it complies with the provisions of this chapter, conditioned on the removal of such legal barrier to development.
B.
Approved application requiring other agency approval. The Land Use Board shall condition its approval upon the subsequent approval of such other governmental agency, provided that the other agency acts within the time and under the specifics of this chapter and/or applicable New Jersey statutes.