The Planning Board, Board of Adjustment and
Township Council shall adopt and may amend reasonable rules and regulations,
not inconsistent with this chapter, for the administration of their
functions, powers and duties and shall furnish a copy thereof to any
person upon request and may charge a reasonable fee for such copy.
Copies of all such rules and regulations and revisions or amendments
thereto shall be filed and maintained in the office of the Township
Clerk.
A.
The Planning Board and Board of Adjustment each shall
by its rules fix the time and place for holding its regular meetings
for business authorized to be conducted by it. Regular meetings of
the municipal agency shall be scheduled not less than once a month
and shall be held as scheduled unless canceled for lack of applications
for development to process. Provisions may be made for special meetings,
at the call of the Chairman or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations.
B.
No action shall be taken at any meeting without a
quorum being present. All action shall be taken by a majority vote
of the members of the municipal agency present at the meeting, except
as otherwise required by the following sections of N.J.S.A. 40:55D-1
et seq.:
(1)
N.J.S.A. 40:55D-17e, dealing with the Township Council
reversing action by the Planning Board.
(2)
N.J.S.A. 40:55D-26a, dealing with the Township Council
overriding the Planning Board report on development regulations.
(3)
N.J.S.A. 40:55D-26b, dealing with another municipal
agency overriding the Planning Board on matters referred to the Planning
Board.
(4)
N.J.S.A. 40:55D-32, dealing with the adoption of the
Official Map.
(5)
N.J.S.A. 40:55D-34, dealing with issuance of building
permits on lands reserved on the Official Map.
(6)
N.J.S.A. 40:55D-62, dealing with the adoption of a
Zoning Ordinance.
(7)
N.J.S.A. 40:55D-63, dealing with a protest against
a zoning change.
(8)
N.J.S.A. 40:55D-70d, dealing with a use variance application.
C.
Failure of a motion to receive the number of votes
required to approve an application for development pursuant to the
exceptional vote requirements of Section 25 or Section 57d of Chapter
291 of the Laws of New Jersey 1975, as amended, (N.J.S.A. 40:55D-34
and 40:55D-70d) shall be deemed an action denying the application.
D.
Nothing herein shall be construed to contravene any
law providing for procedures for the Township Council.
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 municipal regulations and this chapter. 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.
F.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the agency and of the persons appearing by attorney, the action taken
by the agency, the findings, if any, made by it and reasons therefor.
The minutes of the Planning Board and Board of Adjustment shall thereafter
be made available for public inspection during normal business hours
at the office of the administrative officer. Minutes of the Township
Council shall thereafter be made available for public inspection during
normal business hours at the office of the Township 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. Such interested party may be charged a reasonable
fee for reproduction of the minutes for his use.
G.
The adoption of a resolution of memorialization, pursuant to § 170-42 of this chapter, 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 of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action for development of the municipal agency, except that failure to adopt such a resolution without the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
These development regulations, except for the
Official Map, shall not take effect until a copy thereof shall he
filed with the County Planning Board. An Official Map shall not take
effect until filed with the county recording officer. Copies of this
chapter and any revisions or amendments thereto shall be filed and
maintained in the office of the Township Clerk.
Any power expressly authorized by this chapter
to be exercised by the Planning Board or the Board of Adjustment shall
not be exercised by any other body, except as otherwise provided in
this chapter.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this chapter or under any ordinance repealed by this chapter, as the
case may be, shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with N.J.S.A.
40:55D-1 et seq. and this chapter, and, if such application for development
complies with this chapter, the municipal agency shall approve such
application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter or within an extension of such period
as has been agreed to by the developer, unless the municipal agency
is prevented or relieved from so acting by the operation of law.
Every application for development submitted
to the Planning Board or Board of Adjustment 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.
