No member of the Land Use 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.
A.
Meetings of the Land Use Board shall be scheduled
no less often 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, which meetings
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 the statutory provisions enumerated
in N.J.S.A. 40:55D-9a or this chapter.
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 Law,
P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and
studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F.
All costs of special meetings of the Land Use Board
shall be charged to the applicant. Said costs are to include but not
be limited to the fees charged by the Municipal Engineer and Attorneys
for the Board for their appearances.
[Added 7-21-1988 by Ord. No. 88-4]
[Amended 10-15-1992 by Ord. No. 92-6]
Minutes of every regular or special meeting shall be kept and shall include the names of persons appearing before 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 the reason 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 proceedings concerning the subject matter of such minutes at the expense of that party pursuant to the fees for copies as set forth in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I, Fees, is included at the end of this chapter.
[Amended 10-15-1992 by Ord. No. 92-6]
Fees for applications or for the rendering of any service by the Board or any member of its administrative staff shall be in accordance with Schedule I, Fees, in this chapter.[1] Fees shall be paid by check payable to Township of Oxford.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
A.
Application fee. This is a nonrefundable fee used to defray the cost of processing the application based on Schedule I of this chapter.
B.
Review fee. Review fees are to cover technical, professional and administrative costs in reviewing applications and are based on Schedule I of this chapter.
(1)
The technical, professional and administrative review
fee shall be adjusted to reflect the actual time required for review
at rates to be applied in accordance with the schedule of fees as
established and amended. The Secretary of the Board shall certify
the actual cost of technical, professional and administrative review
fees, and such amount shall be withdrawn from the escrow account and
paid to the Township as an item of miscellaneous revenue.
(2)
Additional fees required.
(a)
In the event that the review fees required by
this chapter or any section thereof shall be insufficient to reimburse
the Township for the actual costs expended by it for administrative,
professional and engineering review of any application for development,
the applicant shall be so informed of the deficiency or projected
deficiency and be provided with an estimate of the additional amount
required to complete processing and review of the application.
(b)
Upon receipt of the above notice, the applicant
shall thereupon pay such additional fees to the Secretary of the Board.
(c)
If the additional fees are not paid by the applicant,
the application procedures shall be suspended, and no further official
action of the Board shall be taken, and the application shall be deemed
to be incomplete for the purposes of tolling of the time periods for
approval pursuant to this chapter.
(3)
Any unused portion of the refundable portion of the
technical, professional and administrative review fee deposit shall
be returned to the applicant.
(4)
An applicant may, at any time, examine the Township
record with respect to an escrow account and may appeal to the Board
regarding disputed fees. Upon notice of such an appeal, the Board
shall hear the same within 45 days of the notice.
C.
Inspection fee.
(1)
Prior to commencement of construction, an inspection fee deposit shall be paid over to the Township. The applicant shall pay an amount equal to 5% of the cost of the required improvements as determined by the Township Engineer, as outlined in Schedule I, Fees, of this chapter.
(2)
The inspection fee shall be adjusted to reflect the
actual time required for inspection.
(3)
If the costs of inspection services exceed the amount
of the inspection fee deposit, the applicant, prior to a release of
the performance guaranty, shall pay over to the Township the additional
amount required.
(4)
Any unused portion of the inspection deposit shall
be returned to the applicant.
D.
Administration of fee deposits.
(1)
All deposits for technical, administrative and professional
review and inspection shall be kept in an escrow account for that
purpose by the Township. This account shall be managed by the Chief
Financial Officer of the Township. The Secretary of the Land Use Board
shall maintain ledgers indicating the status of each applicant's account.
(2)
Whenever an amount of money in excess of $5,000 is
deposited by an applicant for technical review or inspection in connection
with a development application, said money, until repaid or applied
to the purposes for which it was deposited, shall be deposited in
a banking institution or a savings and loan association of New Jersey,
insured by an agency of the federal government, or in any other fund
or depository approved for such deposits by the State of New Jersey,
in an account bearing interest at the minimum rate currently paid
by the institution or depository on time or savings deposits. The
applicant shall be notified, in writing, of the name and address of
the institution or depository in which the deposit has been made and
the amount of the deposit. The Township shall not be required to refund
an amount of interest paid on a deposit which does not exceed $100
for the year. If the amount of interest exceeds $100, that entire
amount shall belong to the applicant and shall be refunded to him
annually or at the time the deposit is repaid or applied to the purposes
for which it was deposited, as the case may be; except that the Township
may retain for administrative expenses a sum equivalent to no more
than 33% of that entire amount, which shall be in lieu of other administrative
and custodial expenses.
(3)
In addition to the above, the applicant shall provide
the Township Treasurer with the necessary social security number or
other identification number required by the bank or other financial
institution to properly certify to the federal government the interest
earned on said account.
E.
Special meeting. Should the Land Use Board, at the request of any applicant or applicant's authorized representative, or where the Board finds a necessity concerning any matter within the Board's jurisdiction, schedule a special meeting in respect to such matter, the person, firm or corporation for which said meeting is scheduled shall pay a nonrefundable fee as outlined in Schedule I of this chapter to defray the costs of scheduling and holding such special meeting. This fee shall be in addition to all other fees and charges heretofore or hereafter established.[2]
F.
Hiring of consultant or specialists.
(1)
In the event that the approving Board shall determine
that the services of professional consultants not already in the employment
of the Township of Oxford are necessary to review and administer an
application for development, the applicant shall deposit, with the
Secretary of the Land Use Board, an escrow fund in an amount estimated
by the Land Use Board to be sufficient for such purposes.
(2)
In the event that the amount deposited shall be later
deemed insufficient for such purposes, the applicant shall be required
to deposit such additional sums as shall be necessary for such purpose.
(3)
In the event that the applicant does not comply with
these provisions, all review of the application for development shall
cease, and no further official action shall be taken by the Board,
and the application shall be deemed to be incomplete for the purpose
of tolling of the time periods for approval pursuant to this chapter.
[1]
Editor's Note: Schedule I, Fees, is included at the end of this chapter.
[Added 10-21-1993 by Ord. No. 93-11]
Pursuant to N.J.S.A. 40:55D-8c, any charitable,
philanthropic, fraternal or religious nonprofit organizations holding
a tax-exempt status under the Federal Internal Revenue Code of 1954
[26 U.S.C. § 501(c) or (d)] shall be exempt from the payment
of any fee charged by the Township of Oxford under the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
A.
Rules. The Board shall make rules governing the conduct
of hearings before it, 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 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 (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,
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 either a stenographer or mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, upon request to any interested party at his expense pursuant to the fees set forth in Schedule I of this chapter.[1]
[Amended 10-15-1992 by Ord. No. 92-6]
[1]
Editor's Note: Schedule I, Fees, is included at the end of this chapter.
[Amended 10-21-1993 by Ord. No. 93-11; 7-17-2002 by Ord. No.
2002-10]
Whenever notice is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant
to the determination of the municipal agency in question, unless exempted
by this chapter, the applicant shall give notice as follows:
A.
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.
B.
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 the 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 on 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. 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.
C.
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 § 51-14B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
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 to 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.
E.
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.
F.
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 N.J.S.A. 40:55D-10b.
G.
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.
H.
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.
I.
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; 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 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.
[Amended 7-21-1988 by Ord. No. 886; 10-15-1992 by Ord. No.
92-6]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Collector's designee shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Schedule I of this chapter,[1] 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 Article III, § 51-14B, of this chapter.
[1]
Editor's Note: Schedule I, Fees, is included at the end of this chapter.
A.
The Board 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 Board shall provide
the findings and conclusions through:
[Amended 10-21-1993 by Ord. No. 93-11]
(1)
A resolution adopted at a meeting held within the
time period provided in N.J.S.A. 40:55D-1 et seq. for action by the
Board 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
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 such resolution shall be
deemed to be a memorialization of the action of the Board and not
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 by N.J.S.A. 40:55D-10h
and i.
B.
A copy of the decision shall be mailed by the Board, in accordance with N.J.S.A. 40:55D-10h, to the applicant or, if represented, 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 copying fees set forth in Schedule I of this chapter. 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 the fee for copies as set forth in Schedule I of this chapter.[1]
[Amended 10-15-1992 by Ord. No. 92-6]
[1]
Editor's Note: Schedule I, Fees, is included at the end of this chapter.
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 or Clerk of the body making the
decision, without separate charge to the applicant. Said notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Land Use 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.
