No member of the Planning Board and no member of the Zoning
Board of Adjustment shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Any member, other than a Class I member of the Planning Board, after
a public hearing if he requests it, may be removed by the governing
body for cause.
The Planning Board and the Zoning Board of Adjustment shall
each adopt, and may thereafter amend, rules and regulations not inconsistent
with N.J.S.A. 40:55D-1, et seq. (Municipal Land Use Law) or this or
other applicable ordinances as may be necessary to carry into effect
the provisions and purposes of this Ordinance and to provide for the
administration of its functions, powers and duties. Each Board shall
furnish a copy thereof to any person upon request and may charge a
reasonable fee for such copy. Copies of all such rules and regulations
and amendments thereto shall be maintained in the office of the Administrative
Officer of the respective Board.
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;
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.
When any hearing before the Planning Board or Zoning Board of
Adjustment shall carry over two (2) or more meetings, a member of
the Board who was absent for one (1) or more of the meetings shall
be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one (1) or more of the meetings;
provided, however, that such Board member has available to him a transcript
or recording of the meeting from which he was absent, and certifies
in writing to the Board that he has read such transcript or listened
to such recording.
Whenever review or approval of the application by the County
Planning Board is required by the County Planning Law, N.J.S.A. 40:27-6.3,
in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of
a site plan, the Planning Board or the Zoning Board of Adjustment
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
Final approval of site plans and major subdivisions shall be
granted by the Board only if the detailed drawings, specifications
and estimates of the application for final approval conform to the
standards established by ordinance for final approval, the conditions
of preliminary approval have been complied with and, in the case of
a major subdivision, the standards prescribed by the "Map Filing Law
N.J.S.A. 46:23-919, et seq." shall have been met; provided that in
the case of a planned unit development, planned unit residential development
or residential cluster, the Board may permit minimal deviation from
the conditions of preliminary approval necessitated by change of conditions
beyond the control of the applicant since the date of preliminary
approval without the applicant's being required to submit another
application for development for preliminary approval.
The provisions of N.J.S.A. 40:55D-21 shall govern the tolling
of the running of any period of approval when an applicant is barred
or prevented, directly or indirectly, from proceeding with the development
otherwise permitted under such approval as a result of certain legal
action.