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.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless canceled 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 the members present
at the meeting, except as otherwise required by any provision of P.L.
1975, c. 291, as amended.
[Amended 12-2-1982 by Ord. No. 82-13]
Minutes of every regular or special meeting shall be kept and
shall include the names of persons appearing and addressing the Board
and of the persons appearing by attorney, the action taken by the
Board and 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 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 in the rules of the Board.
[Amended 12-2-1982 by Ord. No. 82-13]
Fees charged an applicant for review of an application for development
and an appellant pursuant to Article 8, Zoning, of P.L. 1975, c. 291,
as amended,[1] shall be as established by Article VI of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
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,
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 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, 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, which expense
shall not exceed the maximum permitted in N.J.S.A. 2A:11-15.
[Amended 12-2-1982 by Ord. No. 82-13]
A.
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 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 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 the said current tax duplicate, or his
agent in charge of the property, or 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
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.
[Amended 12-2-1982 by Ord. No. 82-13]
(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 pursuant to Subsection A(2) of this section 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
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.
(5)
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.
(6)
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.
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; 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 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 12-2-1982 by Ord. No. 82-13; 3-10-2011 by Ord. No. 2011-01]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township of West Deptford Zoning Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Chapter 11, 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 pursuant to § 102-28A(2) of this chapter.
[Amended 12-2-1982 by Ord. No. 82-13]
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. Failure of a motion to
approve an application for development to receive the number of votes
required for approval shall be deemed an action denying the application.
(1)
The Board may provide such written decision and findings and conclusions
either on the date of the meeting at which the Board takes action
to grant or deny approval, or, if the meeting at which such 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 resolution as provided
above, notwithstanding the time at which such action occurs within
the applicable time period for rendering a decision on the application.
(2)
The adoption of a resolution of memorialization 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 a resolution within the forty-five-day period shall
result in the approval of the application for development, notwithstanding
any prior action taken thereon.
(3)
Whenever a resolution of memorialization is adopted in accordance
with this subsection, the date of such adoption shall constitute the
date of the decision for purposes of the mailings, filings and publications
as required by law.
B.
A copy of the decision shall 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 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, without separate charge to the
applicant, unless the applicant wishes to make such publication himself.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
[Amended 3-7-1985 by Ord.
No. 85-2]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
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 assessments for local improvements are due
or delinquent on the property which is the subject of such application.
