The Combined Planning Board shall adopt and may amend reasonable
rules and regulations, not inconsistent with this chapter, for the
administration of its functions, powers and duties, and 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 offices of the Borough Clerk and
the Secretary of the Combined Planning Board.
Fees for applications or for the rendering of any service by
the Combined Planning Board or any member of its administrative staff
and escrow deposits shall be provided for in an ordinance adopted
by the Borough Council.
At the request of a developer, the Combined Planning Board shall
grant an informal review of a concept plan for development for which
the developer intends to prepare and submit an application for development.
The amount of fees for such an informal review shall be a credit toward
fees for the review of the application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the Board shall not be bound by any such review.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Combined
Planning Board, when so certified by the Board Secretary, or the Board
Secretary's designee, which certification shall be in writing. All
other procedures, rules, regulations and conditions having to do with
deeming applications complete, or a failure to do so, shall be in
accordance with Rule 2:1 of the Rules and Regulations of the Combined
Planning Board, and N.J.S.A. 40:55D-10.3 and N.J.S.A. 40:55D-10.4.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to this chapter,
the applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the official newspaper
of the Borough at least 10 days prior to the date of the hearing.
B. Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. Such notice
shall be given by: 1) serving a copy thereof on the owner as shown
on the current tax duplicate or his or her agent in charge of the
property, or 2) mailing a copy thereof by prepaid-certified mail,
return receipt requested, to the property owner at his or her address
as shown on the current tax duplicate. Notice to a partnership may
be made by service upon any partner. Notice to a corporation may be
made by service upon its president, vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium owner with a unit above
or below the unit that is the subject an application may be deemed
satisfied with notice to the condominium association. Note to a co-owner
with an apartment above or below the unit that is the subject of an
application may be deemed satisfied with notice to the horizontal
property regime.
C. Notice of all hearings or 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 or an application for development
of property adjacent to an existing county, road shown on the Official
County Map, adjoining other county land or situate within 200 feet
of a municipal boundary.
E. All notices shall be given at least 10 days prior to the date fixed
for hearing and the applicant shall file an affidavit of service with
the Combined Planning Board.
F. Any notice by certified mail shall be deemed complete upon mailing
and requesting a return receipt.
G. All notices required to be given pursuant to the terms of this chapter
shall be in such form as is required by the Combined Planning Board
and shall state the date, time and place of the hearing, the nature
of the matters to be considered, any variances or waivers from the
land development regulations of the Borough that have been requested,
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 tax assessor's office, and the
location and times at which any maps and document for which approval
is sought are available.
H. Certified list of owners. Upon the written request of a developer, the Borough Tax Assessor, or the designee, shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners within the Borough to whom the developer is required to give notice. In addition, the Borough Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the developer requested the list, have registered to receive notice pursuant to Subsection
B of this section. The developer shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum of $10 may be charged for such list.
I. Public utility notification. Notice of hearings on applications for approval of a major subdivision or a site plan, not defined as a minor site plan by this chapter, requiring public notice pursuant to Subsection
A of this section shall be given to public utilities, cable television companies or local utilities which possess a right-of-way or easement within the Borough and which has registered with the Borough in accordance with N.J.S.A. 40:55D-1 et seq. Notice shall be given by personal service or certified mail to the person whose name and address appears on the registration form.
This chapter or any revision or amendment thereto shall not
take effect until a copy thereof has been filed with the Gloucester
County Planning Board. Copies of this chapter and any revisions or
amendments thereto shall be filed and maintained in the office of
the Borough Clerk.
Every application for development submitted to the Combined
Planning Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on said property, any
approvals or other relief granted 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
Borough will be adequately protected.
Any appeal shall be before a court of competent jurisdiction,
including appeals pursuant to an application for relief under N.J.S.A.
40:55D-70, Subsection d (i.e., a use variance). Such appeal shall
be make within 45 days of the date of publication of the final decision
of the Combined Planning Board, as published in the official newspaper
of the Borough of Wenonah.