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.
[Amended 8-12-1980 by Ord. No. 80-9]
A.
Meetings. Both the Planning Board and the Board of
Adjustment shall by their rules fix the time and place for holding
their regular meetings for business authorized to be conducted by
such agency. Regular meetings 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.
B.
Special meetings. At the call of the Chairman or on
the request of any two of its members, special meetings may be held
on notice to members and the public in accordance with municipal regulations.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by a majority vote of the
members present at the meeting except as otherwise required by Chapter
291 of the Laws of 1975, as amended and supplemented.
F.
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 absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
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
the reasons therefor. The minutes shall thereafter be made available
for public inspection during 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
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his
use as provided for by statute, ordinance or rule of the Board.
[Amended 2-11-2014 by Ord. No. 2014-002]
A.
Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs, which are not otherwise provided by ordinance or in Chapter 87, § 87-6, may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee schedule shall be available to the public.
B.
Planning services. Fees for the services of the planner for the Planning
Board or the Zoning Board of Adjustment in connection with a request
for rezoning, Master Plan revision or for the informal review of a
prospective development application shall be as follows:
C.
Engineering services. Fees for the services of the engineer for the
Planning Board or the Zoning Board of Adjustment in connection with
a request for rezoning, Master Plan revision or for the informal review
of a prospective development application shall be as follows:
D.
Legal services. Fees for the services of the attorney for the Planning
Board or the Zoning Board of Adjustment or the Borough Attorney in
connection with a request for rezoning, Master Plan revision or for
the informal review of a prospective development application shall
be as follows:
E.
Informal review of a prospective development application by the planner,
engineer or attorney shall not be binding on either Board and may
be modified as a result of a formal submission of a development application.
F.
In connection with a request for rezoning, Master Plan revision or
for the informal review of a prospective development application there
shall be an administrative fee payable to the Borough in the sum of
$100.
G.
Notwithstanding the escrow deposits set forth above, in the event
that the Board's professional estimates that a larger escrow deposit
is required due to the complexity and time requirements of the particular
matter, the Board may, by resolution, require a larger escrow deposit.
A.
Rules. The Planning Board and Zoning Board of Adjustment
shall make rules governing the conduct of hearings before such bodies,
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 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.
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 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. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or 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.
[Amended 8-12-1980 by Ord. No. 80-9]
Whenever a hearing 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, the applicant
or the Administrative Officer, as the case may be, shall give notice
thereof as follows:
A.
Public notice shall be given by the Administrative
Officer by publication in the official newspaper of the municipality
at least 10 days prior to the date of the hearing.
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all 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 such hearing, provided that 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 it or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above it or below it. Notice shall be given by serving a copy thereof on the property owner as shown on 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 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. 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.
C.
Notice of 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.
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 Director of the Division of State and Regional Planning
in the Department of Community Affairs 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 P.L.
1975, c. 291.[1]
[1]
Editor's Note: See 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 the hearing,
and the applicant shall file an affidavit of proof of service with
the Administrative Officer by no less than 48 hours of the commencement
of the public hearing.
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.
[Amended 8-12-1980 by Ord. No. 80-9]
Upon the written request of an applicant, the
Administrative Officer shall, within seven days, make and certify
a list from said current tax duplicates of the names and addresses
of the owners to whom the applicant is required to give notice. The
applicant 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. A sum not to exceed
$0.25 per name or $10, whichever is greater, shall be charged for
such list.
[Amended 8-12-1980 by Ord. No. 80-9]
A.
Each decision on any application for development shall
be reduced to writing as a resolution of the Board and shall include
findings of facts and conclusions based thereon.
B.
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed on action denying the application.
C.
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 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 of the
Board thereon. An action resulting from the failure of a motion to
approve an application shall be memorialized by a resolution as provided
above, notwithstanding the time at which such action occurs within
the applicable time period for rendering a decision on the application.
D.
The adoption of a resolution of memorialization pursuant
to this section 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 Board 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 Board and not to be an
action of the Board, except that failure to adopt such resolution
within the forty-five-day period shall result in the approval of the
application for development, notwithstanding any prior action taken
thereon.
F.
A copy of the decision shall be mailed by the Board
within 10 days of the date of the 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 with the Administrative
Officer, 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 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 Administrative Officer 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 far development submitted to the
Planning Board or to the Zoning 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;
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other 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.
