The Planning Board shall adopt and may amend reasonable rules and regulations for its administrative functions and shall furnish a copy thereof to any person upon request. A reasonable fee may be charged.

[Amended 12-20-2006 by Ord. No. 06-21]

A. Fees shall be as follows:

(1) The following application fee must accompany the application when filed with the Planning Board Secretary:

(a) Applications concerning residential properties containing one or two dwelling units: $100.

(b) Applications concerning residential properties containing from three to five dwelling units: $250.

(c) Applications concerning business or commercial properties or residential properties containing six or more dwelling units: $500.

(2) Special meetings held on a nonscheduled meeting night requested by and/or charged to applicant: $750.

(3) Certified list of owners within two-hundred-foot radius: $10.

(4) Preparation of transcripts: actual cost of transcript, plus statutorily permitted copying fee per page.

(5) Administrative change to previously approved site plan by letter request: $125.

(6) Letter request determined to be ineligible for administrative change: $50.

B. Escrows. Each applicant shall submit, prior to any application being deemed complete, certain amounts to be held in escrow according to Schedule B attached hereto and incorporated herein.

The following are exempt from payment of the initial review fee:

A. Charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)].

B. Agencies of the Seaside Heights Borough government or the Ocean County government.

A. The Board shall fix the time and place for holding regular meetings.

B. Regular meetings shall be held once a month unless canceled for lack of applications.

C. Special meetings may be called for by the Chairman or at the request of any two members of the Board, which special meeting shall be held on notice to its members and the public in accordance with all statutory legal requirements.

D. No action shall be taken at any meeting without a quorum being present (that is a majority of the full authorized membership of the Board having power to act).

E. All action shall be taken by a majority vote of the members present, unless required otherwise by any provision of the Municipal Land Use Law.

F. All regular and special meetings shall be open to the public. An executive session for the purpose of discussion and study shall not be deemed a regular or special meeting.

G. Minutes shall be kept of every regular and special meeting and shall be made available for public inspection or used as evidence in a legal proceeding. A reasonable fee for a copy of the minutes may be charged.

Hearings shall be held by the Planning Board for all development applications. Notice of such hearing in accordance with the public notice requirements listed below shall be provided for by the applicant/developer/subdivider for all applications.

A. Public notice shall be given pursuant to N.J.S.A. 40:55D-12. At least 10 days prior to the date of the hearing, a notice of hearing shall be given stating the date, time and place of the hearing and nature of the matters to be considered and 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 maps and exhibits for which approval is sought are available for inspection.

(1) Such notice shall be given as follows:

(a) By publication in the official newspaper of the Borough of Seaside Heights.

(b) To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the owner, as shown on the 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 said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).

(c) 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, the 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 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. Where notice is required to be given to owners of all real property as shown on the current tax duplicate and within 200 feet of the subject property, this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it.

(d) To the Clerk of any adjoining municipality or municipalities and to the County Planning Board 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.

(e) To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official County Map or a County Master Plan or adjoining other county land.

(f) To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.

(g) To the Director of the Division of State and Regional Planning in the Department of Community Affairs 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 Municipal Clerk, pursuant to N.J.S.A. 40:55D-10b.

(2) Upon written request from the applicant, the Planning Board Secretary shall obtain from the Municipal Tax Assessor and provide to the applicant a certified list from the current tax duplicate of the names and addresses of owners within 200 feet of the subject property to whom the applicant is required to give notice for a fee of $10.

B. Each decision on an application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon. Each decision on an application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.

(1) Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

(2) The board may provide such written decision and findings and conclusions either on the date of the meeting at which it takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding that the time at which such action occurs is within the applicable time period for rendering a decision on the application.

(3) The adoption of a resolution of memorialization shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members who voted for the action previously taken, and no other member shall vote thereon. The vote of such resolution shall be deemed to be a memorialization of an action of the Board and not to be an action of the Board, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

(4) Whenever a resolution of memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the required mailings, filings and publications.

(5) A copy of the decision shall be mailed within 10 days of the date of the decision to the applicant or, if represented, then to his attorney without separate charge and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed in the office of the Municipal Clerk. The Municipal Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at reasonable hours.

(6) A brief notice of the decision shall be published in the official newspaper of the Borough of Seaside Heights by the Secretary of the Planning Board, and the cost is to be paid by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

C. Conduct of hearings.

(1) The Planning Board shall make and adopt rules governing such hearings. The subject maps and documents shall be available for public inspection at least 10 days before the date of the hearing.

(2) The officer presiding at the hearing shall have power to administer oaths and issue subpoenas.

(3) The testimony of all witnesses shall be taken under oath or affirmation, and the right of cross-examination shall be permitted to all interested parties, subject to the discretion of the presiding officer as to reasonable limitations of time and number of witnesses.

(4) Technical rules of evidence shall not apply, but the Board may exclude irrelevant, immaterial and unduly repetitious evidence.

(5) A verbatim recording of the proceedings shall be provided either by stenographer or by mechanical or electronic means. Transcripts or duplicate recordings shall be provided on request to any interested party at his expense. Said transcript shall be certified in writing.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Any fees for such an informal review shall be a credit toward fees for review of the application for development. Neither the Planning Board nor the developer shall be bound by such review.

A.member who was absent from one or more meetings at which a hearing was held shall be eligible to vote, provided that such member has read the transcript or listened to the recording and so certifies in writing.

A. An application shall be deemed complete when so certified by the Board, for the purpose of commencing the applicable time period for action.

B. If the Board does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete unless:

(1) The application lacks information indicated on a checklist adopted herein and provided to the applicant; and

(2) The authorized reviewing Committee or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days.

C. The applicant may request a waiver of one or more submission requirements. Such request shall be granted or denied within 45 days.

D. The applicant shall prove he is entitled to approval of the application.

E. The Board may require the correction of information and the submission of additional information not specified herein or revisions which are reasonably needed to make an informed decision as to whether the requirements necessary for approval of the application have been met.

A. The applicant shall provide notice of the default to all entitled to notice on the application for development by personal service or certified mail.

B. The applicant shall arrange publication of the notice of default in the official Borough newspaper.

C. The applicant shall file proof of service and publication as provided by law.

The Planning Board shall give, at least 10 days prior to the date of a hearing:

A. Public notice of the adoption, revision or amendment of the Master Plan.

B. Notice by personal service or certified mail to the Clerk of an adjoining municipality when property within 200 feet of such municipality is involved.

C. Notice by personal service or certified mail to the County Planning Board, including a copy of proposals to be heard. Notice shall also be sent to the county within 30 days of the adoption of proposals, including a copy as adopted.

Any notice made by certified mail pursuant to the provisions contained herein shall be deemed to be complete upon mailing.

A. Development regulations, except for the Official Map, shall not take effect until a copy is filed with the County Planning Board.

B. A zoning ordinance, or amendment or revision, which is inconsistent with the land use element of the Master Plan shall not take effect until a copy of the required resolution has been filed with the County Planning Board.

C. The Official Map shall not take effect until it is filed with the County Recorder.

D. All copies of development regulations, reviews or amendments shall be filed and maintained by the Borough Clerk.

The governing body of the Borough of Seaside Heights shall enforce the provisions of this chapter and the New Jersey Municipal Land Use Law on which it is based. In the event of any violations of this chapter and the Land Use Law, the proper local authorities or any interested parties, in addition to other remedies, may institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, to prevent the occupancy of said unlawful construction or land use, or to prevent any illegal act, conduct, business or use in or about such premises.

Any power authorized herein to be exercised by the Planning Board shall not be exercised by any other body except as may be otherwise provided under the New Jersey Municipal Land Use Law.

If, during the period of approval, the developer is barred or prevented from proceeding by a legal action or order and the developer is otherwise ready to proceed with the development, the running of the period of approval shall be suspended for the time said legal action is pending or such court order is in effect.

A. Approved application pending legal action. The Planning Board shall process the application and grant approval, if it complies with the provisions of this chapter, conditioned on the removal of such legal barrier to development.

B. Approved application requiring other agency approval. The Planning Board shall condition its approval upon the subsequent approval of such other governmental agency, provided that the other agency acts within the time and under the specifics of this chapter and/or applicable New Jersey statutes.