A. Planning Board. The following provisions set forth the jurisdiction of the Planning Board in the review of development applications:
1. The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
2. Review by Planning Board in lieu of Zoning Board of Adjustment. Whenever the proposed development requires approval of a subdivision, site plan, or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board, in lieu of the Zoning Board of Adjustment, to the same extent and subject to the same restrictions, shall receive, review, and act upon applications for variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, -34, -36 and -70c.
3. Bifurcation of application. A developer may elect to submit a separate application requesting approval of variances and the issuance of permits pursuant to N.J.S.A. 40:55D-32, -34, -36 and -70c and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate approval of any variance or issuance of permit shall be conditioned upon the grant of all required subsequent approvals by the Planning 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 zoning ordinance, or where a deviation would advance the purposes of the Master Plan and the Land Use Ordinance and the benefits of the deviation would outweigh the detriments. Whenever relief is requested pursuant to this subsection, the public notice shall include a reference to the request for a variance or direction for issuance of a permit, as the case may be.
4. Grant variances pursuant to N.J.S.A. 40:55D-70c.
5. Direct issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-34.
6. Direct issuance of a permit for a building or structure not related to a street pursuant to N.J.S.A 40:55D-36.
B. Zoning Board of Adjustment action in lieu of Planning Board. The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval when reviewing an application for approval of a 'use variance" pursuant to N.J.S.A. 40:55D-70d.
A. Meetings.
1. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled at least once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
2. Special meetings may be scheduled for at the call of the chairman or on the request of any two board members, which shall be held on notice to its members and the public in accordance with the Open Public Meetings Act, P.L. 1975.
3. Actions at meetings; quorum. All agenda items requiring action by the Board, except adjournments, shall be taken with a quorum present.
4. No action shall be taken on an application unless it has been declared complete pursuant to the requirements contained in Article VIII. The Board may delegate the determination of completeness to a subcommittee or its designee.
5. All actions shall be taken by a majority vote of the members present at such meeting, except as otherwise provided in this Article. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. 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 the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such a Board member has available to him or her the transcript or recording of all the hearings 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.
6. All meetings shall be open to the public. 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. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular meeting within the meaning of this Ordinance.
B. Records of the Board.
1. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of the persons appearing by attorney, the action taken by the Planning Board or Zoning Board of Adjustment, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available 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, as indicated in Article X of this Ordinance.
2. A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic 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 in N.J.S.A. 2A:11-15 as indicated in §900.A of this Ordinance. Each transcript shall be certified in writing by the transcriber to be accurate.
A. The Planning Board or Zoning Board of Adjustment, as the case may be, shall hold a hearing on each application for development. Each Board shall make the rules governing such hearings.
B. Any maps and documents for which approval is sought at a hearing shall be on file in the office of the Administrative Officer and available for public inspection during normal business hours at least twenty (20) days before the date of the hearing. If maps or related material are to be revised as a result of any Planning Board meeting, the applicant shall file the appropriate number of copies in accordance with Article VIII of all revised maps and related material, with revision date noted on same, at least twenty (20) days prior to the meeting of the Planning Board at which discussion and/or hearing is scheduled to take place.
C. In the case of an application before the Zoning Board of Adjustment, the applicant shall file the appropriate number of copies in accordance with Article VIII of all revised maps and related material, with revision date noted on same, at least twenty (20) days prior to the meeting of the Zoning Board of Adjustment at which discussion and/or hearing is scheduled to take place.
D. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
E. The officer presiding at the hearing, or his or her designee, 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," N.J.S.A 2A:67A-1 et seq. shall apply.
F. 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.
G. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
A. Findings and conclusions. 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 this section for action by the municipal agency on the application for development; or
2. A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the municipal agency voted to grant or deny approval.
B. Only the members of the Planning Board or Zoning Board of Adjustment 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 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 such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings, and publications required by §709 Notice of Decisions.
C. Failure to adopt resolution. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested person may appeal to the Superior Court in a summary manner for an order compelling the municipal agency 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.
D. Findings for planned developments. Prior to approval of a planned development the Planning Board shall make the following findings and conclusions pursuant to N.J.S.A. 40:55D-45:
1. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to this Article;
2. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location, and purpose of the common open space are adequate;
3. That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
4. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
5.In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
The following public notice requirements shall apply to all hearings of the Planning Board and Zoning Board of Adjustment.
A. Notice required. Public notice of a hearing shall be given for the following applications for development:
1. Any request for a variance (N.J.S.A. 40:55D-70c or d);
2. Any request for conditional use approval;
3. Any request for a certificate of non-conforming use (N.J.S.A. 40:55D-68).
4. Any request for the issuance of a permit to build within the bed of a mapped street or public drainage way or on a lot not abutting a street (N.J.S.A. 40:55D-34 and -35);
5.Any request for general development plan approval;
6. Any request for preliminary subdivision approval;
7. Any request for interpretation of the Land Use Ordinance or Zoning Map pursuant to N.J.S.A. 40:55D-70b;
8. Any request for preliminary site plan;
9. Any request for site plan approval involving subsections -1 through 3; and
10. Any request for a zoning change not part of a general reexamination of the Master Plan or Master Plan adoption.
11. Appeals pursuant to N.J.S.A 40:55D-70a
B. No notice required. Public notice shall not be required for the following applications.
1. Final subdivision plan.
2. Final site plan.
3. A request for informal concept review.
4. Any other type of application or action by the Board not specifically listed in the previous subsection.
C. Public notice for variances. Public notice shall be given for applications otherwise excepted from the requirements of public notice whenever variance relief is requested.
D. Classes of notice. The secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing for the subject application. Notice of a hearing requiring public notice shall be given by the applicant at least ten (10) days prior to the date of the hearing in the following manner:
1. By publication in the official newspaper of the municipality or in a newspaper of general circulation in the municipality.
2. 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 a condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy on the property owner, as shown on the current tax duplicate, or his or her agent in charge of the property; or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on the current tax duplicate. It is not required that a return receipt be obtained. Notice shall be deemed complete upon mailing. Within the HD-O District, notice shall be given within 200' in all directions from the property which is subject of the hearing. Said notice is sufficient and additional notice shall not be required from the boundary of the tax block and lot under ownership of the OGCMA known as the historic flared avenue open space.
3.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, 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 homeowner's 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.
4. To the clerk of any adjoining municipality or municipalities 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.
5. To the Monmouth County Planning Board by personal service or certified mail when the application for development involves property adjacent to an existing county road or proposed road shown on the county official map or the county master plan or adjoins other county land, or is situated within 200 feet of a municipal boundary.
6. To the Commissioner of Transportation of the State of New Jersey by personal service or certified mail when the property abuts a State highway.
7. To the State Planning Commission, by personal service or certified mail 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 Administrative Officer.
8. To public utilities, local utilities, and cable television companies when such entity possesses a right-of-way or easement within the municipality and has registered with the municipality pursuant to N.J.S.A. 40:55D-12.1 by personal service or certified mail when the hearing involves a major subdivision or major site plan application.
9. To the Ocean Grove Camp Meeting Association for all applications within Historic Zone Districts.
10.Additionally, the applicant shall be responsible for giving proper notice to all property owners who do not reside within the municipality.
E. Property list. Under the written request of an applicant, the Tax Assessor shall, within ten (10) days, make and certify a list from current tax duplicates of names and addresses of owners within the municipality to whom the applicant shall be charged in accordance with Article X of this Ordinance and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
F. Proof of service. The applicant shall file an affidavit or proof of service with the Planning Board or Zoning Board of Adjustment, as the case may be.
G. Contents of notice. The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and 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 or documents for which approval is sought are available for inspection.
Development plans shall be so designed as to enhance the general appearance of the Township and to promote the harmonious use of land; to lessen congestion in the streets; to secure safety from fire, panic, or other dangers; to promote the general health, safety, and welfare; to provide adequate light and air; to prevent the overcrowding of land, buildings and roadways by an undue concentration of population; to encourage development which would facilitate pedestrian access and the use of mass transit; to encourage creative development and design consistent with the policies of the Master Plan of the Township of Neptune, and the regulations promulgated herein. Applications for development shall be reviewed for meeting the standards for development contained within this Ordinance and more particularly the following specific objectives:
A. Development compatibility. All development shall permit and encourage only those uses of the land which, through the standards adopted in this Ordinance, provide for flexibility in planning and development and that respect the natural character of the land, the drainage system, soil capabilities, groundwater and aquifer recharge quality, and to include only those uses that are compatible with allowed uses in the zoning district and existing uses on adjacent lands. Such compatibility shall be determined on the basis of inventories of the natural features of the site, plans indicating the physical relationship among types of uses and any natural or man-made barriers, existing or planned, between different uses both within and adjacent to the proposed development, and sufficient information to determine the effect of such development upon the quality of life of the Township of Neptune.
B. Relationship to Neptune Master Plan. All developments shall be planned and designed to achieve the goals and objectives for land development as are or may be set forth in the Neptune Township Master Plan duly adopted by the Planning Board with regard to conservation, historic preservation, community facilities, parks/recreation/open space, affordable housing, circulation, land use, economic development, and the goals for development of adjacent municipalities, Monmouth County and the State.
C. Relationship to Township development patterns. All development shall be planned and designed to achieve the Township goals of permitting and encouraging a population density and a development pattern in the municipality that facilitates the provision of public utilities and services, including public water and public sewerage, storm drainage systems, recreation areas, public schools, state, county, and local roads, in an orderly, functional and economical manner.
D. Conservation of Open Space. Common open space and adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of the residents and the owners of the development and those portions of the project that, because of their natural features, constitute important visual amenities and environmental resources. Development is intended to create after completion a continuity of open space resulting from the integration of upland, wetland, floodplain and surface water areas in accordance with the goals and objectives of the Master Plan.
E. Appearance and aesthetic control. All development shall be planned and designed to promote and achieve aesthetically pleasing views from and to various land uses. The creation and promotion of such aesthetic conditions shall strengthen and preserve the Township's unique environmental heritage and promote the civic pride, prosperity, and general welfare of the residents of the development, the municipality, and visitors thereto.
F. Review guidelines. The following guidelines shall be used in the review of any application for development or conditional use:
1.Regard for natural features. All residential and non-residential uses shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account. Special consideration shall be given to the preservation of natural features, including large trees, stands of specimen vegetation, groves, waterways, aquifer recharge areas, scenic, paleontological, archaeological, cultural, and historic sites and other community assets within the site area, and the reduction of impacts on wildlife. The development shall be designed and programmed so as to minimize tree clearance and the destruction of natural amenities associated with the same.
2. Sitting of buildings. All housing and supporting uses shall be sited so as to enhance privacy for residential uses, ensure natural light for all principal residential rooms, and to the greatest extent possible be designed to promote passive solar energy technology. Building layouts shall be reviewed for arrangement, efficiency and aesthetic quality.
3. Fiscal impact. The fiscal costs to the Township and Board of Education from providing services to the development shall be considered in relation to the gain of revenue and its impact upon the municipal and school board tax rates.
4. Relationship to community facilities. Housing shall be conveniently served by community facilities and open space.
5. Circulation. The pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, the movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. In particular, the Board shall ensure compliance in site design with the Americans with Disabilities Act, as it may be amended or superseded. The Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. The circulation shall be consistent with Township, county, and state requirements.
6. Open space. Open space within all planned unit developments shall be planned and designed to achieve the Township goal of insuring that adequate recreation areas are set aside in suitable locations to provide for the recreation needs of the residents and owners of the planned unit development; and that those portions of the Township that, because of their natural features, constitute important visual amenities and environmental resources are maintained in accordance with sound conservation practice.
7. Landscaping. Landscaping shall be reviewed for the ability to integrate the site elements of topography, water, buildings, parking and loading areas, and the buffering of incompatible uses. Landscaping shall be reviewed for diversity, including species, function, sculpture, fencing, walls, and other landscaping elements.
8. Lighting. Adequate lighting for the function of the site shall be reviewed for the safe movement and security of persons and vehicles. Particular attention shall be made to the minimization of glare and impact upon adjacent property.
9. Signs. Signs shall be evaluated for the aesthetics of their design and their harmony with other signs on- and off-site, the architectural design of the building or buildings to which they relate and the type of development or pattern of the built environment surrounding the location of the sign or signs. The location of signs shall be reviewed for the purpose of removing any hazard to pedestrians or motorists.
10. Utilities, solid waste management and recycling. Storm drainage, sanitary and solid waste disposal including recycling, water supply, electricity supply, telephone and cable television service shall be reviewed and considered. Emphasis shall be given on the adequacy of existing systems and the need for improvements, both on- and off-site to adequately provide for the development's needs.
11. Compatibility of residential and non-residential development. Applications for development and conditional uses shall be designed to assure the compatibility of residential and non-residential uses by:
(a) Providing commercial uses with appropriate space and, in particular, sufficient depth from a street to satisfy the needs of contemporary uses including the provision of adequately landscaped off-street parking, buffer areas between commercial and residential use areas, pedestrian and bicycle circulation systems connecting the commercial uses to office, residential and open space uses;
(b) Protecting non-residential development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences;
(c)Protect residential and non-residential development from the noise, exhaust emissions, and other negative aspects of congestion of vehicular traffic.
A. Appeals to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the Administrative Officer of the municipality based on or made in the enforcement of the zoning provisions of this Ordinance or a duly adopted official map. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the official from whom the appeal was taken, specifying the grounds of such 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.
B. A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to the Administrative Officer.
C. Whenever an application for development requests relief pursuant to N.J.S.A. 40:55D70d, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by an applicant of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this Ordinance. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Zoning Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
