South Amboy City Zoning Code
ARTICLE II
Provisions Applicable to Planning Board
[1]
Editor's Note: Ordinance No. 12-2010 adopted June 16, 2010 abolished the Zoning Board of Adjustment. References herein to the Zoning Board of Adjustment refer to the Planning Board exercising the powers of a Board of Adjustment.
§ 53-2 Conflicts of interest.
No member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
§ 53-2.1 Application procedure; checklists.
[Added 4-3-85 by Ord. No. 1125]
A.
All applications for development shall be filed with the Planning Board Secretary. At the time of the filing of application, the applicant shall also file the fee, a completed Checklist as set forth in the schedule of forms attached to and made a part of this chapter, any request for waiver and any and all maps required by this Article. The applicant shall obtain all necessary forms from the Secretary of the Planning Board.
B.
Upon receipt of an application for development, the Planning Board Secretary shall forward the submitted material to the Planning Board Planner for review. A written review of the submitted items shall be filed with the Completeness Committee.
C.
Within 45 days from the filing as required in Section 53-2.1A, the Completeness Committee shall review and certify the application to be complete or incomplete.
(1)
If incomplete, the Planning Board Secretary shall certify, in writing, the deficiencies in the application on a checklist as specified in the schedule of forms attached to and made a part of this chapter.
(2)
The application shall be deemed complete within 45 days of the date of its submission if the Planning Board does not certify the application to be incomplete.
D.
The applicant may request a waiver of one or more of the submissions required in Section 53-2.1A. The request must be in writing stating the reason therefor. The Planning Board Completeness Committee shall grant or deny the request within 45 days of the request.
E.
The Secretary shall assign a hearing date and notify the applicant of the same within five days of the application being deemed complete. Notice to the applicant shall be in writing by regular mail. Upon receipt of a date for hearing, the applicant shall proceed to give proper notice of the hearing and comply with all other provisions of this chapter.
Note: The Applications and Completeness Forms are included as an attachment to this chapter.
§ 53-3 Meetings.
A.
Meetings of the Planning Board shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, whichever shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of Chapter 291 of the Laws of 1975; N.J.S.A. 40:55 D-1 et seq.
E.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, Chapter 231 of the Laws of 1975 N.J.S.A. 10:4-6. An executive session for the purpose of discussing and studying any matters to come before the Planning Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
§ 53-4 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
§ 53-5 Fees and documents.
Fees and documents for applications or for the rendering of any service by the Planning Board or any member of their administrative staffs which are not otherwise provided for by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee and submission schedule shall be available to the public.
§ 53-6 Hearings.
A.
Rules. The Planning Board may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the proceedings by electronic means at the expense of the Board. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
§ 53-7 Notice requirements for hearings.
A.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing. In addition to the notice requirements of N.J.S.A 10:4-9.1, but not in lieu of, electronic notice may be provided through the Internet. (N.J.S.A. 10:4-9.1 and N.J.S.A. 40:55D-15)
[New]
(2)
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said 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 the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection A(2) to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent on an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of Chapter 291 of the Laws of 1975. (N.J.S.A. 40:55D-10)
B.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
C.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
D.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered including the type of application (site plans and subdivisions) and variances sought including use and/or bulk variances; an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
§ 53-8 List of property owners furnished.
[Amended 4-3-85 by Ord. No. 1125]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative official of the municipality, the Tax Collector, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Section 53-7A(2) of this chapter.
§ 53-9 Decisions.
[Amended 4-3-85 by Ord. No. 1125]
A.
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval.
B.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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 fees established for copies of other public documents in the municipality.
§ 53-10 Publication of decisions.
[Amended 4-3-85 by Ord. No. 1125]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board; the municipality shall make a reasonable charge for its publication. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 53-11 Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
