In the event that the initial deposit is not sufficient to cover the professional charges incurred in reviewing an application, the applicant shall be required to deposit additional funds as determined by the Borough. The approving authority shall not be required to process the application or take further action upon an application until such additional deposits are made by the applicant. If these additional deposits remain unpaid for a period of 60 days, the development application shall be deemed to be withdrawn and shall be dismissed without prejudice.

In the event the review fee escrow deposit shall be in excess of the amounts necessary to cover the professional charges incurred in reviewing an application, the excess funds shall be returned to the applicant within 45 days of the final decision on the application, or adoption of a resolution memorializing the decision, whichever occurs later.

Written certification has been received from the Municipal Engineer that all improvements are complete and comply with Borough ordinances.

There are no further stages of work or alterations to be made on the improvements submitted for a maintenance guarantee.

The maintenance guarantee is equal to 15% of the cost of improvements and runs for two years after final acceptance of the improvements by the governing body. The maintenance guarantee shall provide for replacing all work and materials if defects become apparent during the two-year period. In addition, the developer shall accomplish regular maintenance such as curb and pavement replacement and repair, cleaning out catch basins and other matters.

The maintenance guarantee shall be in a form acceptable to the governing body, Municipal Engineer, and Attorney. Where other governmental agencies or public utilities will own the improvements, no maintenance guarantee shall be required by the Borough for such improvements.

To release the maintenance bond the developer shall complete all required maintenance and apply to the governing body in writing, by certified mail with a copy to the Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within 30 days of receipt of the request, send his report to the governing body in writing.

The governing body shall either approve, partially approve, or reject the improvements and the release of the maintenance bond, or they may reduce the amount of the maintenance bond following the procedures for performance bonds in Subsection I above.

The replacement or installation of any sign, fence or flagpole.

The replacement or installation of any impervious material which increases lot coverage by more than 50 square feet.

Any change in use as defined in this chapter.

Class I: the Mayor or the Mayor's designee in the absence of the Mayor or, in the case of the Council-Manager form of government, pursuant to the Optional Municipal Charter Law, P.L. 1950, c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of Government Law (N.J.S.A. 40:79-1 et seq.), the Manager, if so provided by the aforesaid ordinance.

Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor; provided, however, that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this section in the event that there is among the Class IV or alternate members of the Planning Board a member of the Board of Education.

Class III: a member of the governing body, to be appointed by it.

Class IV: other citizens of the municipality, to be appointed by the Mayor or, in the case of the Council-Manager form of government, pursuant to the Optional Municipal Charter Law, P.L. 1950, c. 210 (N.J.S.A. 40:69A-1 et seq.) or the Municipal Manager Form of Government Law (N.J.S.A. 40:79-1 et seq.), by the Council, if so provided by the aforesaid ordinance. The members of Class IV shall hold no other municipal office, position, or employment, except that, in the case of the nine-member boards, one such member may be a member of the Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board, except that, in the case of a nine-member Board, one Class IV member may be a member of the Board of Education. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV or alternate members of the Planning Board both a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature and the establishment of which is discretionary and not required by statute shall not be considered the holding of municipal office.

The term of the member composing Class I shall correspond to the Mayor's or Manager's official tenure, or, if the member is the Mayor's designee, in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class 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 Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this section shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointments; provided, however, that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the governing body for cause.

In any municipality in which the term of the municipal governing body commences on January 1, the governing body may, by ordinance, provide that the term of appointment of any class of member of the Planning Board appointed pursuant to this section shall commence on January 1. In any municipality in which the term of the municipal governing body commences on July 1, the governing body may, by ordinance, provide that the term of appointment of any class of member appointed pursuant to this section commence on July 1.

The Mayor may appoint four alternate members to the Planning Board. Alternate members shall meet the qualifications of Class IV members. At the time of appointment, the Mayor shall designate such members as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." 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 two alternate members shall expire in any one year. 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 Mayor for the unexpired term only. All other matters respecting alternate members shall be as set forth in N.J.S.A. 40:55D-23.1.

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

Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to Section 14 of P.L. 1975, c.291 (N.J.S.A. 40:55D-23). 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 and, from time to time, amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer land subdivision control and site plan review in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

To consider and make a report to the governing body within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26, and also to pass upon other matters specifically referred to the Planning Board by the Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26.

Granting variances or direction.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body or other agencies or officers.

To perform any and all duties formerly exercised by the Zoning Board of Adjustment, subject to the limitation that the Class 1 and the Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 [N.J.S.A. 40:55D-70(d.)].

The Zoning Board of Adjustment is hereby dissolved in accordance with P.L. 1985, c. 516, and the Planning Board shall exercise to the same extent and subject to the same restrictions all of the powers formerly exercised by the Zoning Board of Adjustment. All provisions in Chapter 25 of the Code of the Borough of Seaside Park inconsistent herewith are hereby repealed and are of no effect.

All references to the "Zoning Board" or "Zoning Board of Adjustment" in this Code are hereby amended to refer to the "Planning Board," except where such reference is clearly inapplicable.

Meetings shall be scheduled and held no less than once a month unless cancelled for lack of development applications.

Special meetings may be called by the Chairman or any two Board members, provided there is notice to the members and public in accordance with applicable legal requirements.

No action shall be taken without a quorum being present. All actions shall be by majority vote of the members of the Board present except where a specified portion of the full authorized membership is required: N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34, and 40:55D-70d.

All meetings shall be open to the public with notice given in accordance with the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.

Rules. Both Boards may make rules governing the conduct of hearings consistent with N.J.S.A. 40:55D-1 et seq. and this chapter. The approving authority may waive the required notices and hearing for exempt subdivisions and exempt site plans.

Oaths. The presiding officer or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties. The provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

Testimony. All testimony shall be taken under oath or affirmation by the presiding officer. The right of cross examination shall be permitted to all interested parties 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, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Each Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The charge for a copy of the transcript shall not be more than the maximum permitted in N.J.S.A. 2B:7-4, and the transcript shall be certified in writing by the transcriber to be accurate.

Certified court reporter. If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the approving authority shall be at the expense of the applicant who shall also arrange for the reporter's attendance.

When any hearing shall carry to two or more meetings, a member who was absent for one or more meetings shall be eligible to vote notwithstanding his absence, provided such Board member certifies, in writing, to the Board that he has read the transcript or listened to the recording of the hearing(s) he missed.