No member of the Planning Board or Zoning Board
of Adjustment 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.
Each member shall comply with the Borough Ethics Ordinance.[1]
[Amended by Ord. No. 1292; Ord. No. 1441; Ord. No. 1509]
A.
All applications for development shall be filed with
the Control Officer. At the time of filing of application, the applicant
shall also file the fee, a completed checklist as set forth in the
schedule of forms attached to and made a part of this chapter, any
request for waiver and any and all maps required by this section.
The applicant shall obtain all necessary forms from the Control Officer.[1]
[1]
Editor's Note: The forms required are on file in the Borough's
offices.
B.
Upon receipt of an application for development, the Control Officer
shall forward the submitted material to the municipal agency, or its
authorized committee or designee, for review and to certify the application
is complete. All completed applications shall be reviewed by the following
agencies (Fire Official, Police Department, Environmental Commission
and Safe Walking and Cycling Committee). Request for reviews from
the Borough Engineer and/or Planner shall be optional and are to be
determined by the reviewing Board.
[Amended 9-5-2017 by Ord.
No. 17-1948]
C.
Within 45 days from the filing as required in Subsection A, the municipal agency, or its authorized committee or designee, shall review and certify the application to be complete or incomplete in writing.
(1)
If incomplete, the municipal agency or its authorized
committee or designee shall certify in writing the deficiencies in
the application on a checklist as specified in the schedule of forms
attached to and made a part of this chapter.
(2)
The application shall be deemed complete within 45
days of the date of its submission if the municipal agency, or its
authorized committee or designee, does not certify the application
to be incomplete.
D.
The applicant may request relief from one or more of the submissions required in Subsection A. The request must be in writing stating the reason therefor. The municipal agency, or its authorized committee or designee, shall grant or deny the request within 45 days of the request.
E.
The Control Officer, in consort with the appropriate
board chairman, shall assign a hearing date and notify the applicant
of the same within five days of the application being deemed complete.
Notice to the applicant shall be in writing by regular mail. Upon
receipt of a date for a hearing, the applicant shall proceed to give
proper notice of the hearing and comply with all other provisions
of this chapter and the Municipal Land Use Law.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less than once a month, and any
meeting so scheduled shall be held as scheduled unless cancelled 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 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 any provision of Chapter 291 of the
Laws of 1975 (see N.J.S.A. 40:55D-9 et seq.).
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 Act,
Chapter 231 of the Laws of 1975 (see N.J.S.A. 10:4-6 et seq.). Any
executive session for the purpose of discussing and studying any matters
to come before either board shall not be deemed a regular or special
meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
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
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Borough Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a reasonable fee as provided in § 250-34
for reproduction of the minutes for his use as provided for in the
rules of the Board.
Fees, forms and any other required documents
for applications or for the rendering of any service by the Planning
Board or Zoning Board of Adjustment or any member of its administrative
staff which are not otherwise provided for by ordinance may be provided
for and adopted as part of the rules of the Board, and copies of said
rules or of the separate fee and submission schedule shall be made
available to the public.
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall be consistent 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
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 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. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, subject to the requirements as set forth in § 230-54.
[Amended by Ord. No. 1304]
A.
Whenever a hearing is required on an application for
development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall
give notice thereof as follows:
(1)
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.
(2)
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 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 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. A return receipt is not required.
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 services on behalf of the corporation.
(3)
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 to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified
mail to the Middlesex 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 the Middlesex County
Master Plan, adjoining other county land or situate within 200 feet
of a municipal boundary.
(5)
Notice shall be given by personal service or certified
mail to the New Jersey Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
(6)
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 Section 6b of Chapter
291 of the Laws of 1975 (see N.J.S.A. 40:55D-10).
(7)
Notice to utilities.
(a)
Notice of hearings on application for approval
of a subdivision or a site plan requiring public notice shall be given
by personal service or certified mail to the corporate secretary of
all public utilities and the general manager of all cable television
companies that own land or any facility or that possess a right-of-way
or easement within 200 feet in all directions of the property which
is the subject of such hearing.
(b)
An applicant seeking approval of a development which does not require notice as provided in Subsection A shall be required to provide notice by personal service or certified mail to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval.
B.
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.
C.
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.
D.
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; and identification
of the property proposed for development by street address and/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 and documents for which approval is sought
are available as required by law.
[Amended by Ord. No. 1304]
Pursuant to the provisions of N.J.S.A. 40:55D-12C,
the Tax Assessor shall, within seven days after receipt of a request
therefor, 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. A fee not to exceed $0.25 per name or $10, whichever
is greater, shall be charged for such list.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which shall
include findings of fact and legal conclusions based thereon, and
shall be memorialized by resolution adopted at a meeting held not
later than 45 days after the date of the meeting at which the reviewing
agency voted to grant or deny approval. Only members of the Board
who voted for the action taken may vote on the memorializing resolution.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or, if represented,
then 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 fee prescribed by the Board for such service. 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 a fee calculated in the same manner
as those fees established for copies of other public documents in
the municipality.
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 of the Planning Board or Zoning
Board of Adjustment, as the case may be, with a reasonable 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
Planning Board or to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or any other outstanding fees due to the Borough
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 relief granted by either 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.
