Ship Bottom, NJ Zoning Ordinance

§ 16.76.010 Establishment of the land use review board.

[Ord. 93-5 § 701, 1993]

A land use review board is created consisting of nine regular and up to two alternate members of the following four classes:

Class I. The Borough mayor;

Class II. One of the officials of the municipality other than a member of the Borough council to be appointed by the mayor;

Class III. A member of the Borough council to be appointed by it;

Class IV — Regular Members. Six other citizens of the municipality, to be appointed by the mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the board of education and another member may be a member of the historic preservation commission, if there be a historic preservation commission, and except further, that if there be an environmental commission, the member of the environmental commission who is also a member of the land use review board, as required by R.S. 40:56A, shall be a Class IV board member, unless there be among the Class IV or alternate members of the land use review 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 land use review board and municipal environmental commission shall be deemed a Class II member of the land use review board.

Class IV members shall hold no other office, position or employment in the Borough, provided that 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;

Class IV — Alternate Members. Two other citizens of the municipality who may be appointed by the mayor. Alternate members shall hold no other municipal office, except that one member may be a member of the board of education. The alternate members shall be designated by the mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2."

The term of the member composing Class I shall correspond with his or her 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 also is 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 or her term as a member of the environmental commission, whichever comes first. The term of a Class IV member who is also a member of the board of education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.

All present Class IV members of the land use review board shall continue in office until the completion of the terms for which they were appointed. The terms of Class IV regular 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; provided that the initial term shall not exceed four years. Thereafter, the term of each Class IV regular member shall be four years. All terms shall run from January 1st of the year in which the appointment is made.

The terms of the Class IV alternate members shall be 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 any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. All terms shall run from January 1st of the year in which the appointment is made.

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.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member may be removed by the Borough council for cause but only after public hearing, if requested, and other requested procedural due process protection.

The land use review board shall organize annually by selecting from among its Class IV regular members a chairperson and vice-chairperson. The board also shall select a secretary, who may or may not be a member of the board or a municipal employee of the Borough.

The Borough council, after giving due consideration to budget requests that may be submitted by the land use review board, shall make provisions in its budget and appropriate funds for the expenses of the board.

The office of land use review board attorney is created. The board may appoint to such office and fix compensation or rate of compensation of an attorney-at-law of New Jersey other than the Borough attorney.

The land use review board may also employ or contract for, and fix the compensation of, such experts and other staff and services as it may deem necessary. The board, however, shall not authorize expenditures which exceed, exclusive of gifts, grants or application fees, the amount appropriated by the Borough council for its use.

The mayor may appoint one or more persons to a citizens' advisory committee to assist or collaborate with the land use review board in its duties, but such person or persons shall have no power to vote or take other action required by the board. Such person or persons shall serve at the pleasure of the mayor.

The chairperson of the land use review board may appoint up to three persons to serve on a subdivision committee or site plan committee, each comprised of three board members. The subdivision committee or the site plan committee, as the case may be, shall review applications for development prior to action by the Borough to determine whether such applications comply with the requirements relating to subdivisions or site plans imposed by this chapter. Each committee shall, in its review of the applications, consider input received from any other boards, committees or commissions of the Borough that may submit comments upon the applications being reviewed.

§ 16.76.020 Powers and jurisdiction of the land use review board.

[Ord. 93-5 § 702, 1993; amended by Ord. 99-19 § 9, 1999]

The land use review board shall have the powers listed below in addition to other powers established by law:

Make, 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 relationship to the planning of the Borough;

Administer the subdivision and site plan review provisions of Title 16, "Land Development Code," in accordance with the applicable provisions of its chapters;

Hear and decide applications for conditional uses in accordance with the applicable provisions of this title;

Participate in the preparation and review of programs or plans required by state or federal law or regulation;

Assemble data on a continuing basis as part of a continuous planning process;

Annually, at the request of the Borough council, prepare a program of municipal capital improvements projects projected over a term of six years and recommend them to the Borough council;

Consider and report to the Borough council within 35 days after referral as to any proposed development regulation submitted to it, and also pass upon other matters specifically referred to the land use review board by the Borough council;

Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough council for the aid and assistance of the Borough council or other agencies and officers;

Hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, decision or refusal made by an official based on or made in the enforcement of the zoning provisions of this title;

Hear and decide requests for interpretation of the zoning map or the zoning provisions of this title or for decisions upon other special questions upon which the board is authorized to pass by any zoning provisions of this title or by any duly adopted official map;

General Bulk Variances.

Where, (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship,

Where, in an application or appeal relating to a specific piece of property the purposes of this title would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements,

No variance from those departures enumerated in Section 16.76.020(L), N.J.S.A. 40:55D-70(d), shall be granted under this subsection.

Use Variance, Variances From Conditional Use Standards, and Major Specific Bulk Variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this title to permit:

A use or principal structure in a district restricted against such use or principal structure,

An expansion of a nonconforming use,

A deviation from a particular specification or standard set forth in this title as pertaining solely to a conditional use,

An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4,

An increase in the permitted density as defined in this title, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to Section 16.76.020(C), or

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the zoning district for the principal structure.

A variance under this subsection shall be granted only by affirmative vote of at least five members of the board. Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to this subsection (N.J.S.A. 40:55D-70d);

General provisions.

No variance or other relief may be granted by the board unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and the zoning provisions of this title.

An application under this section may be referred by the board to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the board shall act.

The board, in granting any variance which by law it is authorized to grant, may impose such conditions, in addition to those required in this title, as are necessary to assure that the general purposes and intent of this title are met. Such conditions may include, but are not limited to, harmonious design of buildings, maintenance of a sign or sound screen, the minimizing of noxious, offensive or hazardous elements, preservation of natural features, landscaping, and the posting of performance guarantees of the nature required in this title to assure compliance with the requirements that will survive initial construction and the issuance of the certificates of occupancy;

All variances shall expire within three years from the date of the variance approval, unless the owner has secured a construction permit or certificate of occupancy and has commenced construction or specified use in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the three-year period shall commence on the date of the last reviewing court's decision to grant the variance. For good cause shown, and after a hearing before the board on notice in the manner required for original variance applications, the board may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. Anything in this subsection to the contrary notwithstanding, any variance granted with a site plan, subdivision, and/or conditional use approval shall expire with the expiration of the site plan, subdivision, and/or conditional use approval;

Other Powers.

The board shall have such other powers as prescribed by law, including, but not limited to, the following:

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34 for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted official map, if an official map is adopted by the Borough, whenever one or more parcels of land within such bed cannot yield a reasonable return to the owner unless a construction permit is granted. The board may grant such relief only by affirmative vote of a majority of the full authorized membership of the board ensuring that such relief will tend to cause a minimum change of the official map and will not significantly add to the cost of opening any proposed street. The board shall impose reasonable requirements as a condition of granting the construction permit so as to promote the health, morals, safety and general welfare of the public,

Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36 for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted official map, if an official map is adopted by the Borough, or which is (i) an existing state, county or municipal street or highway, or (ii) a street shown a upon a plat approved by the municipal land use review board, or (iii) a street on a plat duly filed in the office of the county recording officer. The board may grant such relief only when the enforcement of the statute requirement that a building lot abut a street would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The board shall impose requirements or conditions that will provide adequate access for fire fighting equipment, ambulances and other necessary emergency vehicles for the protection of the health and safety and that will protect any future street layout on the official map or on the traffic circulation plan element of the Borough master plan.

Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

The land use review board shall have the power to act upon subdivision, conditional use, site plan or variance applications simultaneously without the applicant taking further application for hearings. The longest time period for action by the board, whether it is for subdivision, conditional use, site plan or variance approval, shall apply. Whenever approval of a conditional use or variance is requested by the applicant in conjunction with a site plan or subdivision application, notice of the hearing on the plan shall include reference to the request for such conditional use or variance.

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval for a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the land use review board. No such subsequent approval shall be granted unless the 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 the zoning provisions of this title.

§ 16.76.030 Appeals and applications to the land use review board.

[Ord. 93-5 § 703, 1993; amended by Ord. 97-8 § 1, 1997; Ord. 99-19 § 10, 1999]

Applications to the land use review board may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning provisions of this title or a duly adopted official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the official from whom the appeal is taken, with 18 copies of the notice given to the secretary of the land use review board. The notice shall specify the grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.

The board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all powers of the municipal official from whom the appeal is taken.

An appeal to the board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the municipal official from whose action the appeal is taken certifies to the board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the municipal official from whom the appeal is taken and due cause shown.

A developer may file an application for development with the board for action under any of its powers without prior application to a municipal official.

The board shall act upon any appeal or any application for development, which includes variance relief or direction for issuance of a permit pursuant to Section 16.76.020(K), (L) or (N), within 120 days either from the date the appeal is taken from the decision of the municipal official or from the date the application is certified as a complete application, as the case may be, or within such further time as may be consented to by the applicant, except that when an applicant elects to submit separate consecutive applications for variance approval and site plan, subdivision or conditional use approval, the 120-day time period for action shall apply to the application for approval of the variance or direction for issuance of a permit, and the time period for granting or denying any subsequent approval shall be as otherwise provided in this title.

Failure of the board to render a decision within the period prescribed or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

Appeal to the Governing Body of Land Use Review Board Decisions.

Any interested party may appeal to the governing body any final decision of a board of adjustment approving an application for development pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (C. 40:55D-70). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (C. 40:55D-10). In the case of any board established pursuant to Article 10 of P.L. 1975, c. 291, the governing body of the municipality in which the land is situated shall be the "governing body" for purposes of this section. The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal, specifying the grounds of appeal and the name and address of the appellant and name and address of his or her attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the board of adjustment.

Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection h of Section 6 of P.L. 1975, c. 291 (C. 40:55D-10) and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (C. 40:55D-10).

The appellant shall: (1) within five days of service of the notice of the appeal pursuant to Subsection (G)(1) of this section, arrange for a transcript pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (C. 40:55D-10) for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute.

The governing body shall conclude a review of the record below not later than 95 days from the date of publication of the decision below pursuant to Subsection i of Section 6 of P.L. 1975, c.291 (C.40:55D-10), unless the applicant requests in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.

The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the board of adjustment or to impose conditions on or alter conditions to any final action of the board of adjustment. Otherwise the final action of the board of adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the board of adjustment.

An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such board, that by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board from whom the appeal is taken and on good cause shown.

The governing body shall mail a copy of the decision to the appellant or, if represented, then to his or her attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained in this section shall be construed as preventing the applicant from arranging such publication if he or she so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.

Nothing in this section shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.

§ 16.76.040 Provisions applicable to the land use review board.

[Ord. 93-5 § 704, 1993]

Conflicts of Interest. No regular or alternate member of the land use review board shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the board on the hearing of such particular matter nor participate in any discussion by the board or any decision relating thereto.

Meetings.

Meetings of the land use review board shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

Special meetings may be provided for at the call of the chairperson or on the request of any two board members, which meetings 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, such quorum to be the majority of the full authorized membership of the board.

All actions shall be taken by majority vote of the members of the board present at the meeting except as otherwise required by a provision of N.J.S.A. 40:55D-1, et seq. A member of the board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a 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 has available to him or her the transcript of recording of all of the hearing from which he or she was absent, and certifies in writing to the board that he or she has read such transcript or listened to such recording.

All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meeting Law C.231, Laws of New Jersey, 1975. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law C.231, Laws of New Jersey, 1975.

Public Hearings.

Subsequent to an application for development being declared complete, the land use review board shall hold a hearing on the application for development. The board shall make rules governing such hearings.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearings, or such person as he or she may designate, shall have the 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, P.L. 1953, C. 38 (C.2A:67A-1, et seq.) shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or such other person as he or she may designate, 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 reasonable limitations as to time and number of witnesses.

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

Public Notice of a Hearing.

Public notice of a hearing shall be given for all applications for development.

The secretary of the land use review board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:

Publication in an official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough in the absence of an official newspaper; and

By notification by personal service or certified mail to the following. An affidavit of proof of the giving of the required notice shall be filed by the applicant with the municipal agency at, or prior to, the hearing. It is not required that a return receipt is obtained since notice is deemed complete upon mailing (N.J.S.A. 40:55D-14); however, evidence that the required notice was mailed to the following shall be provided to the land use review board prior to the subject public hearing:

To all owners of real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the: (A) condominium association, in the case of any unit owner whose unit has a unit above or below it; or (B) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

(A)

Notice to a partnership owner may be made by service upon any partner,

(B)

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.

(C)

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;

ii.

To the clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of such adjoining municipality or municipalities;

iii.

To the Ocean County planning board when the application for development involves property adjacent to an existing county road or proposed road as shown on the county official map or county master plan, adjoining other county land or situated within 200 feet of a municipality boundary;

iv.

To the Commissioner of Transportation of the state of New Jersey when the property abuts a state highway;

To the State Planning Commission when the hearing involves an application for the 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 filed with the Borough;

vi.

To the person whose name appears on the registration form pursuant to N.J.S.A. 40:55D-12.1 for a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough.

Upon the written request of an applicant, the Borough tax collector shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. In addition, the Borough tax collector shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection (D)(6) of this section. The applicant shall be charged $0.25 per name or $10, whichever is greater, for the list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection (D)(2)(b) of this section who own property not located within the Borough.

At minimum, the notice shall state the name and address of the applicant; the date, time and place of the hearing and the nature of the matters to be discussed, including all variances and/or waivers requested by the applicant; an identification of the property proposed for development by street address, if any, and 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 or documents for which approval is sought are available for inspection.

Regarding any application for development being reviewed by the land use review board and the board determines that substantial revisions have been made to the application subsequent to the date when it was determined to be a complete application, then the board may require the applicant to again comply with the notice requirements specified in this section of Title 16.

Utilities.

Every public utility, cable television company and local utility interested in receiving notice pursuant to N.J.S.A. 40:55D-12 may register with the Borough in which the public utility, cable television company or local utility has a right-of-way or easement.

The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest. The administrative officer of the Borough shall adopt a registration form and maintain a record of all public utilities, cable television companies and local utilities which have registered with the Borough. The registration form shall include the name, address and position of the person to whom the notice shall be forwarded. The information contained in the registration form shall be made available to any applicant.

A registration fee of $10 is required for any public utility, cable television company or local utility which registers to receive notice.

Records.

Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the land use review board and of any persons appearing by attorney, the action taken by the board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the board, for public inspection during the normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes.

A verbatim recording shall be made of every hearing on an application for development submitted to the Borough. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording, in lieu thereof on request to any interested party at his or her expense, provided that the charge for a transcript shall not exceed the maximum amount permitted by law. Each transcript shall be certified in writing by the transcriber to be accurate.

Decisions.

Each decision on any application for development shall be reduced to writing by the board and shall include findings of facts and conclusions based on such findings.

The board shall provide the findings and conclusions through:

A resolution adopted at a meeting held within the time period provided in this title for action by the board on the application for development; or

A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the board voted to grant or deny approval. Only the members of the board who voted for the action taken may vote on the memorializing resolution, and 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 memorializing resolution shall be deemed to be a memorialization of the action of the board and not to be an action of the board; 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 in Section 16.76.050 of this chapter.

If the board fails to adopt a resolution or memorializing resolution as specified above, any interested party may apply to the Superior Court in a summary manner for an order compelling the board 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.

Approvals Subject to Specified Conditions.

Whenever any application for development is approved by the board subject to specified conditions intended to be fulfilled before the approval becomes effective, such approval shall lapse and become null and void unless all specified conditions are fulfilled within six months of the date the approval was granted by the board unless a longer time period is specified by the board.

Whenever any application for development is approved by the board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to Section 16.84.020 of this title, then the failure to fulfill any such condition within two years from the date of the approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, construction permit, certificate of occupancy or any other approval until such condition is fulfilled.

Nothing contained in this section shall be construed as preventing the board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting an extension of time for fulfilling a condition for good cause shown.

Only upon fulfillment of all conditions precedent shall any subdivision plat or site plan be signed or any required zoning permit, construction permit, occupancy permit or other approval be issued.

The fulfillment of all conditions, precedent or subsequent, shall be reported in writing by the applicant to the board, which may cause such reports to be verified in an appropriate manner.

§ 16.76.050 Notice of decisions.

[Ord. 93-5 § 705, 1993]

Any decision of the land use review board when acting upon an application for development shall be given notice in the following manner:

A copy of the decision shall be mailed by the appropriate Borough authority within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his or her attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the Borough authority for such service.

A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publications shall be arranged by the secretary of the land use review board, or the Borough clerk, as the case may be, without separate charge to the applicant. The notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision.

A copy of the decision shall also be filed in the office of the Borough clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.

§ 16.76.060 Checklist for use variance relief.

[Ord. No. 2024-03, 1-23-2024]

Any application for development filed with the land use review board by which an applicant seeks relief pursuant to N.J.S.A. 40:55D-70(d)(1) through (6) shall be deemed administratively incomplete unless and until the materials identified in this section are submitted to the board for its review, in addition to any materials required under Chapter 16.80 for either subdivision or site plan review.

The applicant shall submit to the administrative officer 18 copies of the following on the timelines prescribed in Chapter 16.80:

A traffic impact study, analyzing the differences between uses permitted on the subject parcel and the uses as proposed, as well as detailing any proposed off-tract improvements required to maintain existing levels of service within the surrounding roadway network, all based on traffic data collected within six months of the date upon which the application for development is filed with the board;

A planning report, signed and sealed by a professional planner licensed in the State of New Jersey, in support of the application for development, which must specifically detail:

The bases upon which the applicant and its professionals believe the requested variance relief ought to be granted;

A community impact analysis, focusing on population changes, school impacts, municipal infrastructure and facilities, and any additional services to be required by the municipality for such a project;

A geotechnical report, detailing the appropriateness of the soils on the subject parcel for the proposed use;

If the subject parcel exceeds two acres in size, an environmental impact study for the proposed development on the subject parcel, which reviews existing conditions and proposed impacts, including, but not limited to, the following:

An inventory of existing environmental conditions at the subject parcel and surrounding area which shall describe air quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewage systems, topography, slope, vegetation, habitats, noise characteristics and levels, demography, historical land use, aesthetics, and history;

Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey;

Soils shall be described with reference to criteria contained in the Ocean County Soil Conservation District standards and specifications;

An assessment of the probable impact of the project upon all topics set forth in Subsection (B)(4)(a) above;

A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, and increase in sedimentation and siltation. Off-site impacts shall also be set forth and evaluated;

A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the subject parcel and in the surrounding region, such description to be accompanied by necessary maps and schedules and other explanatory data as may be needed to clarify and explain the actions to be taken;

Color photographs of the subject parcel and any present uses, taken from the opposite curb line from any frontage.

Any review of the administrative completeness of the application materials, and all requests for waivers of the foregoing requirements, shall be addressed by the administrative officer consistent with the processes outlined in Section 16.80.030(C).