[1]
Editor's Note: The title of this article was changed from
"Provisions Applicable to Both Planning Board and Zoning Board of
Appeals" to "Provisions Applicable to Municipal Planning Board" 4-11-2018
by Ord. No. 6-2018.
A.
Meeting schedule. Meetings of the Planning Board shall
be scheduled no less often than once a month and shall be held as
scheduled unless cancelled for lack of pending applications. The Board
may, in its discretion, eliminate one meeting during the summer months.
[Amended 4-11-2018 by Ord. No. 6-2018]
B.
Special meetings. The Chairman may request a special
meeting, provided that a majority of the Board agrees the meeting
should be held. Board members shall be given at least 72 hours' advance
telephone notice of a special meeting. The public shall be given notice
of such meeting in accordance with the Open Public Meetings Act[1] and, if applicable, MLUL requirements. Any costs associated
with special meetings shall be the responsibility of the applicant
(see Fee Ordinance[2]).
C.
Quorum. No action shall be taken at any meeting without
a quorum being present.
D.
Voting requirements. All action shall be taken by
majority vote of the members of the Board present at the meeting except
as otherwise required by the provisions of N.J.S.A. 40:55D-34 and/or
N.J.S.A. 40:55D-70d. Failure of a motion to receive the number of
votes required to approve an application for development shall be
deemed an action denying the application. 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 a matter upon which the hearing
was conducted, notwithstanding the absence from one or more of the
meetings; provided, however, that a transcript or recording of all
of the hearing from which he/she was absent exists, and provided,
further, that such Board member certifies in writing to the Board
that he/she has read such transcript or listened to such recording.
[Amended 4-11-2018 by Ord. No. 6-2018]
E.
Meetings open to public. 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.
F.
Minutes. 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
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. Such interested party
may be charged a reasonable fee for reproduction of the minutes for
his or her use. Such fees may be established by rule by the Board.
[Amended 4-11-2018 by Ord. No. 6-2018]
G.
Minutes of closed meetings. At least once a year,
the Board shall review the minutes of all closed meetings held in
conformance with the Open Public Meetings Act to determine whether
the minutes may be made public.
[Amended 4-11-2018 by Ord. No. 6-2018]
H.
Public hearings.
(1)
Requirement for hearing. The Planning Board shall
hold a hearing on each application for development or on the adoption,
revision or amendment of the Master Plan. The Board shall make rules
governing such hearings.
[Amended 4-11-2018 by Ord. No. 6-2018]
(2)
Maps to be available for public inspection. Any maps
and documents for which approval is sought at a hearing shall be on
file and available for public inspection at least 10 days before the
date of the hearing during normal business hours in the office of
the Board Secretary. The applicant may produce other documents, records
or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
(3)
Payment of taxes. Every application for development
submitted to the Planning Board shall be accompanied by proof that
no taxes or assessments for local improvements, including water and
sewer, 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 City will be adequately
protected.
[Amended 4-11-2018 by Ord. No. 6-2018]
(4)
Oaths and subpoenas. The officer presiding at the
hearings or such person as he/she 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; and the provisions of the County and Municipality
Investigations Law, P.L. 1953, c. 37 (N.J.S.A. 2A:67A-l et seq.),
shall apply.
(5)
Testimony and cross-examination. The testimony of
all witnesses relating to an application for development shall be
taken under oath or affirmation by the presiding officer or solicitor
for the Board, and the right of cross-examination shall be permitted
to all interested parties through their solicitors, 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.
(6)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Record of proceedings. 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, on request to any interested
party at his or her expense. Fees for such expenses shall be established
by rules of the Board.
(8)
Decisions.
(a)
Resolutions. 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:
[1]
A resolution adopted at a meeting held within
the time period provided in the MLUL 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 to 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 under this subsection.
If the Board fails to adopt a resolution or memorializing resolution,
any interested party may apply to the Superior Court in a summary
manner for an order compelling the Board to reduce its findings and
conclusions to writing within a stated time, and the cost of the application,
including attorney's fees, shall be assessed against the municipality.
(b)
Copies of decision. 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 or her solicitor, 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 by the
Board 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 his or
her office during reasonable hours.
(c)
Publication of notice of decision. A brief notice
of the decision shall be published in the official newspaper of the
municipality. Such publication shall be arranged at the applicant's
expense by the Secretary of the Board, provided that nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if he or she so desires. The period of
time in which an appeal of the decision may be made shall run from
the first publication of the decision, whether arranged by the Board
or the applicant.
I.
Notice of applications.
(1)
Applications requiring notice. Public notice of a
hearing on an application for development shall be given.
(2)
Manner of giving notice. Notice of a hearing requiring
public notice shall be given by the applicant at least 10 days prior
to the date of the hearing in the following manner:
(a)
To the general public by publication in the
official newspaper of the City.
(b)
To all owners of 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 or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
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 or her
agent in charge of the property or mailing a copy thereof by certified
mail to the property owner at his or her 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 homeowner's 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)
To the Clerk of any adjoining municipality when
the property involved is located within 200 feet of said adjoining
municipality. Notice shall be given by personal service or certified
mail.
(d)
To the County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(e)
To the Commissioner of Transportation of the
State of New Jersey when the property is adjacent to a state highway.
Notice shall be given by personal service or certified mail.
(f)
To the State Planning Commission when the hearing
involves an application for the 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 this chapter. Notice shall be given by personal
service or certified mail.
(g)
On applications for approval of a major subdivision
or a site plan not defined as a minor site plan to all public utilities,
cable television companies or local utilities which possess a right-of-way
or easement within the City and which have registered with the City
in accordance with N.J.S.A. 40:55D-12.1 by:
[1]
Serving a copy of the notice on the person whose name appears on
the registration form on behalf of the public utility, cable television
company or local utility; or
[2]
Mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.
(3)
List of owners and others. Upon the written request
of an applicant, the City Tax Assessor shall, within seven days, make
and certify a list from current tax duplicates of names and addresses
of owners within the City to whom the applicant is required to give
notice pursuant to this chapter and the names, addresses and positions
of those persons who, not less than seven days prior to the date on
which the applicant requested the list, have registered to receive
notice pursuant to this chapter. Failure to give notice to any owner,
public utility, cable television or local utility not on the list
obtained in such manner shall not invalidate any hearing or proceeding.
A sum, not to exceed $0.25 per name, or $10 per lot, whichever is
greater, shall be charged for such list.
(4)
Proof of service and publication. The applicant shall
file an affidavit of proof of service and affidavit of publication
with the Board holding the hearing, at least five days prior to the
first scheduled hearing. In addition, the applicant shall submit the
original white slips bearing the postmark from the post office from
where notices were mailed. The list of property owners relied upon
by an applicant shall not be more than 60 days old, from the date
of mailing.
(5)
Contents of notice. The notice shall state the date,
time and place of the hearing, the nature of the matters to be considered
and an 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 City Tax Assessor's office;
and the location and times at which any maps and documents for which
approval is sought are available for inspection pursuant to this chapter.
(6)
Effect of mailing. Any notice made by certified mail
pursuant to this chapter shall be deemed complete upon mailing.
A.
Right to register. Every public utility, cable television
company and local utility which holds a right-of-way or easement in
the City and which is interested in receiving notice pursuant to this
chapter may register with the Municipal Clerk to receive such notice.
The registration shall remain in effect until revoked by the public
utility, cable television company, or local utility or by its successor
in interest.
B.
Registration fee. A registration fee of $20 is required
for any public utility, cable television company or local utility
which registers to receive notice pursuant to this section.
A.
In the event that an applicant submits an application
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 Board shall process such application in accordance with this chapter,
and if such application complies with all City regulations, the Board
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application
requires an approval by a governmental agency other than the Board,
the Board shall, in appropriate instances, condition its approval
upon the subsequent approval of such governmental agency. The Board
shall make a decision on any application within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant, unless the Board is prevented or relieved
from so acting by the operation of law.
In the event that, during the period of approval
heretofore or hereafter granted to an application, 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, 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 shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
The Board and an applicant may mutually agree
to extend the time limit specified for action. Such extension shall
be made in writing or verbally at a public meeting of the Board.
Any variance from the terms of this chapter
hereafter granted by either Board permitting the erection or alteration
of any structure or permitting a specified use of any premises shall
expire by limitation unless such construction or alteration shall
have been actually commenced on each and every structure permitted
by said variance, or unless such specified use has actually been commenced,
within one year from the date of publication of the notice of the
decision of the Board granting the variance or unless specifically
approved for a larger period of time as permitted by statute; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
A.
Disclosure by applicant. A corporation, partnership
or other entity applying to the Planning Board for permission to subdivide
a parcel of land into six or more lots, or applying for a variance
to construct a multiple dwelling of 25 or more dwelling units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership or other entity, as the case may be.
[Amended 4-11-2018 by Ord. No. 6-2018]
B.
Disclosure by corporation, partnership or other entity
owning 10% or more of applicant. If a corporation, partnership or
other entity owns 10% or more of the stock of a corporation or interest
of 10% or greater in a partnership or other entity, either of which
is subject to disclosure pursuant to the above subsection, that corporation,
partnership or other entity shall list the names and addresses of
its stockholders holding 10% or more of its stock or interest of 10%
or greater in the partnership or other entity, as the case may be;
and this requirement shall be followed by every corporate stockholder
or partner in said partnership until the names and addresses of the
non-corporate stockholders and individual partners exceeding the ten-percent
ownership criterion set forth in this section have been listed.
C.
No approval if disclosure requirements not met. The
Board shall not approve the application of any corporation or partnership
which does not comply with this section.
D.
Penalties. Any corporation or partnership which conceals
the names of the stockholders owning 10% or more of its stock or of
the individual partners owning an interest of 10% or greater in the
partnership, as the case may be, shall be subject to a fine of $1,000
to $10,000, which shall be recovered in the name of the City of Linwood
in any court of record in the state in a summary manner pursuant to
the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.).
