No member of the Planning Board or the Zoning Board of Adjustment
shall act on any matter in which the member has, either directly or
indirectly, any personal or financial interest. Whenever any such
member shall be disqualified from acting on a particular matter, the
member shall not continue to sit with the Board on the hearing of
such matter nor participate in any discussion or decision relating
thereto.
All members of the Boards shall serve without compensation.
There are hereby created the offices of Attorney for the Planning
Board and Attorney for the Zoning Board of Adjustment. Each Board
may annually appoint and fix the compensation for its attorney. Such
compensation shall be within the appropriation made by the governing
body. Neither attorney shall be the Township Attorney.
Each Board may employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
The Boards shall adopt such rules, regulations and bylaws as
may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
A.Â
Meetings of each Board shall be scheduled at least once a month,
unless canceled for lack of applications.
B.Â
Special meetings of the Planning Board and the Board of Adjustment
may be requested by an applicant and with the consent of the respective
Boards shall be scheduled by the Boards. Special meetings may be requested
by the Chairperson of the Board or any two members of the Board. Notice
to all Board members and the public in accordance with the Open Public
Meetings Act[1] is required.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.Â
No action shall be taken at any meeting without a quorum being present.
D.Â
All actions shall be taken by majority vote of all members present
except as otherwise required by any provisions of the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
E.Â
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 (N.J.S.A. 10:4-6
et seq.). An executive session for the purpose of discussing and studying
any matter to come before the agency shall not be deemed a regular
or special meeting within the meaning of this Act.
F.Â
A member of the Planning Board or Zoning Board of Adjustment 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 the member's absence from one or more
of the meetings; provided, however, that such Board member has available
to the member the transcript or recording of all of the hearing from
which the member was absent and certifies, in writing, to the Board
that the member 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 reasons therefor. The minutes 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 proceeding concerning the subject matter of such minutes. Such interested party shall be charged a fee for reproduction of the minutes for the party's use as provided for in Table IV-1 in § 11-144.
