South Toms River City Zoning Code
§ 26-35.8
Procedure Before Land Use Board and Borough Council.
[1975 Code § 13-22.8]
a.
Within 45 days after receipt by the Land Use Board of an application for a PRD, the Land Use Board shall hold a public hearing, public notice of which shall be given in the manner prescribed by subsection 26-1.8, and such publication shall set forth the application in full. The Chairman, or in his absence, the Acting Chairman of the Land Use Board may administer oath and, upon application by any interested party or upon its own motion, compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine witnesses. A transcript of the hearing shall be caused to be made by the Land Use Board, at the cost of the applicant, copies of which shall be made available, at cost, to any party to the proceedings and to the Land Use Board and Borough Council, without cost, as accepted in evidence shall be identified and duly preserved, or if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record. A report on the proposed PRD shall be prepared and filed with the Land Use Board by the professional planner for the Board, if any, not less than five days before the public hearing, and the report shall be available for public inspection during regular business hours.
b.
At the public hearing, the applicant shall present evidence as to the following:
1.
General character and substance;
2.
Objectives and purpose to be served;
3.
Adequacy and completeness of standards;
4.
Satisfactory application of standards in specific details of design in organization of elements and plans.;
5.
Scale, scope;
6.
Economic feasibility;
7.
Time factors and sequential development potentials;
8.
Conformity to Comprehensive Plans for the Borough's development. To this end, factual evidence and expert opinion shall be submitted by the developer in the form of such maps, charts, reports, models and other tangible materials and in the form of sworn testimony by experts, including but not limited to architects, engineers, realtors, professional planners and economists, as will clearly describe the full nature and extent of the proposal; and
9.
Such other matters as may be directed by the Land Use Board bearing on the appropriate determination to be made on the application in accordance with law.
c.
Following the public hearing, and within 60 days from the initial hearing, the Land Use Board shall either:
1.
Recommend tentative approval of the application as submitted; or
2.
Recommend tentative approval, subject to express conditions not included in the plan as submitted or modified; or
3.
Deny tentative approval to the plan.
d.
The recommendation for, or denial of, tentative approval shall be by written resolution including, but not limited to, findings of fact and conclusions setting forth in what respects the plan would or would not be in the public interest, as well as the following:
1.
In what respects the plan is or is not consistent with the statement of the objectives of PRD, the master plan and the provisions of N.J.S.A. 40:55D-1 et seq.;
2.
The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are, or are not, deemed to be in the public interest;
3.
The purpose, location and amounts of the common open space in the PRD, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of developments;
4.
The manner in which the design does or does not make adequate provision for public services, provide adequate control of vehicular traffic and further the amenities of light and air, recreation and visual enjoyment; and
5.
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established.
e.
Within 60 days after referral from the Land Use Board, the Borough Council shall review the record before the Land Use Board, hear argument on the record from the applicant and interested parties and either grant or deny tentative approval. Failure to receive a completed record within 10 days from the decision of the Land Use Board shall toll the time period until such time as applicant delivers a complete record to the Borough Clerk. Failure to grant tentative approval within the time period shall be deemed approval, but the period may be extended by agreement in writing.
