No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which (s)he has, either directly
or indirectly, any personal or financial interest. Whenever any such
member shall disqualify himself/herself from acting on a particular
matter, (s)he shall so state the reasons for the record. Further,
(s)he shall not sit with the Board on the hearing of such matter,
nor participate in any discussion or decision relating thereto.
The Planning Board and the Zoning Board of Adjustment
shall, by its rules, fix the time and place for holding their regular
meetings for business authorized to be conducted by such Board. In
addition:
A.
Meetings of both the Planning Board and the 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 cancelled
for lack of applications to process.
B.
Special meetings may be scheduled at the call of the
Chairperson or on the request of any two Board members. Such meetings
shall be held on notice to all 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, which is defined as a majority of the full authorized
membership of the Board.
D.
All actions shall be taken by majority vote of a quorum,
except as otherwise required by the Municipal Land Use Law and this
Code.
E.
Regular and special meetings shall be open to the
public, except as provided by the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq. Notice of such meetings shall be given in accordance
with the requirements of the Open Public Meetings Act.
Minutes of every meeting or special meeting
shall be kept and shall include proofs of notice and service and the
names of both the persons appearing and addressing the Board and of
the persons appearing by attorney; the action of the Board, if any,
and the findings and decisions of the Board, if any, and the reasons
therefore. The minutes shall thereafter be made available for public
inspection during normal business hours at the office of the Board
secretary. 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 reasonable fee for reproduction of the minutes.
A.
Fees for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative or professional staffs which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of such rules or of the separate fee schedule shall be available to the public, and are set forth in Chapter 91, Fees, of this Code.
B.
All application fees are nonrefundable, except the
Board may elect in its sole discretion to refund part or all of such
application fees based on the stage of the application or the hardship
it may cause the applicant.
C.
Fees for professional review of any proposed application
as required by the Board, such as review by the Board attorney or
engineer, shall be billed directly by the appropriate Township office
directly to the applicant. No certificate of approval, permit or signed
map shall be given to the applicant until all such fees have been
paid.
A.
Required. The Planning Board or the Zoning Board of
Adjustment, as the case may be, shall hold a hearing on each application
for development, appeal from a decision of an administrative officer
or adoption, revision or amendment of the Master Plan.
B.
Rules and regulations. The Planning Board and Zoning Board of Adjustment may adopt and amend rules and regulations, not inconsistent with the Municipal Land Use Law or any ordinance pursuant thereto, for the administration of its functions. Copies of such rules and regulations shall be maintained in the office of the Board secretary and made available to any person upon request and upon payment of the fee set forth in Chapter 91, Fees.
C.
Oaths. The officer presiding at the hearing, or such
person as (s)he may designate, shall have the 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 parties, and the provisions of the County and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
D.
Testimony. The testimony of all witnesses relating
to an application for development, or the appeal of a decision of
an administrative officer, shall be taken under oath or affirmation.
The right of cross-examination shall be permitted to all interested
parties, through their attorney, 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.
E.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but each Board may exclude irrelevant,
immaterial or unduly repetitious evidence.
F.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. Each Board shall furnish a transcript, or duplicate
recording in lieu thereof, upon the request of any interested party
at the expense of the interested party. The transcript shall be certified,
in writing, by the transcriber to be accurate.[1]
Notice pursuant to Subsections A through F of
this section shall be given by the applicant at least 10 days prior
to the date of the hearing.
A.
Notice required; exceptions.
B.
To adjacent property owners.
(1)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to all owners of real property, as shown on the current tax duplicates, 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:
(2)
Notice to 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.
C.
To other municipalities. Notice of hearings on applications
for development or appeal of a decision of an administrative officer
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. The applicant shall also obtain from the administrative
officer of such adjoining municipality responsible for the preparation
of such lists a certified list, from current tax duplicates, of all
names and addresses of owners within 200 feet of the property which
is the subject of the hearing.
D.
To County Planning Board. 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 situated
within 2,000 feet of a municipal boundary.
E.
To Commissioner of Transportation. 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.
F.
To State Planning Commission. Notice shall be given
by personal service or certified mail to the State Planning Commission
of a hearing on an application for development of property which exceeds
150 acres or 500 dwelling units. The notice shall include a copy of
any maps or documents required to be on file with the Township Clerk
pursuant to N.J.S.A. 40:55D-10.
G.
Proof of service. The applicant shall file an affidavit
of proof of service with the Board holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this subsection.
H.
Contents of notice. All notice required to be given
pursuant to the terms of this section shall state the date, time,
and place of hearing, the nature of the matters to be considered and
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 duplicates in the Township Tax Assessor's office
and the location and times during which any maps, applications and
other documents for which approval is sought are available for public
inspection.
I.
Notice by certified mail. Any notice made by certified
mail, as hereinabove permitted, shall be deemed complete upon mailing,
in accordance with the provisions of N.J.S.A. 40:55D-14.
Upon written request of the applicant, the administrative officer of the Township shall, within seven days, make and certify a list from the current tax duplicates of names and address of owners to whom the applicant is required to give notice pursuant to § 18-29B. The applicant shall be entitled to rely upon the information contained in such lists, and failure to give notice to any owner not on the lists shall not invalidate any hearing or proceeding. A fee, as set forth in Chapter 91, Fees, of this Code, may be charged to the applicant for such list.
A Board member who was absent from 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
his/her absence from one or more of the meetings provided that such
Board member has available to him/her the transcript or recording
of all of the hearing from which (s)he was absent and certifies, in
writing, to the Board that (s)he has read such transcript or listened
to such recording.
A.
Conclusions and findings of fact; forms. Each Board
shall include findings of fact and conclusions based thereon in each
decision on any application for development or appeal of a decision
of an administrative officer and shall reduce the decision to writing.
Each Board shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided by statute for action by the Board on the application
for development or appeal of a decision of an administrative officer.
(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. The date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings and publications required by Subsections B and C of this section. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, 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 Township.
B.
Copies of decisions. A copy of the decision shall
be mailed by the Board within 10 days of the date of its decision
to the applicant or, if represented, then to the applicant's attorney,
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 Township Clerk. The Township Clerk
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
the Clerk's office during reasonable hours.
C.
Publication of decision. A brief notice of the decision shall be published in the official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township. Such publication shall be arranged by the Board secretary provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if (s)he so desires. The administrative officer shall charge the fee set forth in Chapter 91, Fees, for such publication. 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 Township or the applicant.
Upon the conclusion of any matter coming before
the Planning Board the Zoning Board of Adjustment or upon appeal to
the Township Council, a copy of each application, supporting documentation,
minutes of hearings, correspondence, decision and other information
relevant to the determination shall be maintained in the office of
the Township Clerk for a period of not less than five years. These
shall be considered a public record under the Right to Know Law, N.J.S.A.
47:1A-1 et seq.
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 the
application of development.
[Amended 9-14-2005 by Ord. No. 2005-15]
The Land Use Administrator is hereby designated
as the administrative officer of the Planning Board and of the Zoning
Board. It shall be the duty of the Land Use Administrator to review
all applications from both boards for completeness and to perform
all other administrative functions for each board. The Land Use Administrator
shall be appointed by the Township Council upon the recommendation
of each board. Each board shall have a Secretary who shall attend
all meetings and maintain minutes for each board, but all other administrative
functions shall be performed by the Land Use Administrator.
[Amended 9-14-2005 by Ord. No. 2005-15]
A.
The checklist, adopted by Ordinance No. 1990-7, maintained
in the office of the Land Use Administrator and incorporated herein
by reference, shall be used by each board in determining the completeness
of each application. The Land Use Administrator shall review each
application for completeness and report the status of the application
to the board. Based on the report of the Land Use Administrator, which
may be written or verbal, the board shall decide if the application
is complete. If the application is deemed complete by the board, the
application can then be reviewed by the board professionals and scheduled
for a hearing.
