[Amended 4-21-1980 by Ord. No. 8-80]
No member or alternate member of the Planning
Board or Zoning Board of Adjustment shall act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify himself or herself
from acting on a particular matter, he or she 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 Chairperson or on the request of any two Board members, which
meeting shall be held upon 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.
E.
A member of a Board 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
his or her absence from one or more of the meetings; provided, however,
that such member has available to him or her the transcript or recording
of all of the hearings from which he or she was absent and certifies,
in writing, to the Board that he or she has read such transcript or
listened to such recording.
[Added 4-21-1980 by Ord. No. 8-80]
F.
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 Law,
P.L. 1975, c. 231.[2] To the extent permitted by the Open Public Meetings Law,
and in accordance with the provisions of N.J.S.A. 40:55D-9, an executive
session for the purpose of discussing and studying any matters to
come before either Board shall not be deemed a regular or special
meeting.
[Amended 4-21-1980 by Ord. No. 8-80]
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[Amended 6-7-1999 by Ord. No. 15-99]
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
Borough 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 or her
use as provided for in the rules of the Board.
[Amended 12-21-1981 by Ord. No. 14-81; 8-16-1982 by Ord. No. 12-82; 3-5-1984 by Ord. No. 4-84; 5-16-1988 by Ord. No.
9-88; 2-4-1991 by Ord. No. 1-91; 12-21-1992 by Ord. No.
12-92; 2-16-1993 by Ord. No. 2-93; 6-7-1999 by Ord. No. 15-99]
The applicant shall, at the time of filing a submission, pay the fees and escrow deposits as set forth in Chapter 102, Fees, to the Borough. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee totaling the full fee for the approval with the highest fee, plus 1/2 the fee of the next highest approval required, and nothing for additional approvals. Escrow deposits shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements.
A.
Subdivision, including clusters and single-family
dwelling proposals.
B.
Site plans.
(2)
Resubmission of plan. (See Chapter 102, Fees.) To qualify for the reduced fee, a resubmission must be filed within six months of preliminary approval or, in the case of final plat approval, within two years. The above fee may be waived by vote of the Planning Board if changes are due to the Board's request and not to any conflict with ordinances.
D.
Filing fees shall be nonrefundable. Escrow deposits
shall be utilized to defray the cost of professional review of the
application and its accompanying exhibits, as required, on the part
of legal counsel, professional engineer and/or professional planner,
in accordance with N.J.SA 40:55D-53.2. If during the processing of
the application the funds remaining in the escrow account are depleted
below a sum equal to 25% of the original deposit or $500, whichever
is greater, the applicant shall deposit additional funds to bring
the escrow account equal to the larger of either $500 or 40% of the
original deposit before the application shall continue to be processed
by the approving authority and prior to action on the application.
By mutual agreement, the applicant and the approving authority may
agree to another payment schedule where the size and scope of the
application maybe warranted. Upon final disposition of the application,
unused funds in the escrow deposit account shall be returned to the
applicant, pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2.[1]
[Amended 12-17-2007 by Ord. No. 4-07]
A.
Rules. The Planning Board and Zoning Board of Adjustment
may 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 this Part 1.
B.
Oaths. The officer presiding at the hearing, or such
person as he or she 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. 1938 (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 a stenographer or mechanical
or electronic means. The Board shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party, at
his or her expense. The Board shall not charge an interested party
more for such transcript than the maximum permitted in N.J.S.A. 2A:11-15.[1] Such transcript shall be certified, in writing, by the
transcriber to be accurate.
[Amended 4-21-1980 by Ord. No. 8-80]
[1]
Editor's Note: See now N.J.S.A. 2B:7-4.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A.
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.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located in the
state and within 200 feet in all directions of the property which
is the subject of such hearing and whether located within or without
the municipality in which the applicant's land is located, 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. Such notice shall
be given by serving a copy thereof on the owner as shown on said current
tax duplicate, or his or her agent in charge of the property, or mailing
a copy thereof by certified mail to the property owner at his or her
address as shown on 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 4-21-1980 by Ord. No. 8-80]
C.
Notice of 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 § 124-30B to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
[Amended 4-21-1980 by Ord. No. 8-80]
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on 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.
E.
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.
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. Such notice shall include a copy of any maps or documents required
to be on file with the Borough Clerk pursuant to Section 6b of c.
291, P.L. 1975.[1]
[Amended 6-7-1999 by Ord. No. 15-99]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant
to the terms this Part 1 shall state the date, time and place of the
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
duplicate in the Borough 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 4-21-1980 by Ord. No. 8-80]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Mendham shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Chapter 102, Fees, 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§ 124-30B.
A.
Findings and conclusions.
[Amended 4-21-1980 by Ord. No. 8-80; 7-16-1984 by Ord. No.
11-84]
(1)
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or § 124-20A(4) shall be deemed an action denying the application. The Board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in the Act for action by the Board on the
application for development; or
(b)
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.
(2)
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; however,
the date of the adoption of the resolution shall constitute the date
of the decision for purposes of the mailings, filings and publications
required by N.J.S.A. 40:55D-10h and i.
B.
Conditional decisions; County Planning Board approval.
Where required by law (see N.J.S.A. 40:27-6.6), the applicant shall
submit the application to the Morris County Planning Board for review
or approval, and in such cases the Borough Planning Board and Board
of Adjustment shall condition any approval that each grants upon timely
receipt of a favorable report from the County Planning Board or upon
the County Board's failure to report within the required time period.
Decisions may also be conditioned on approval by other governmental
agencies.
C.
Mailing. A copy of the decision shall be mailed by
the Board within 10 days of the date of the decision to the applicant,
or if represented, then to his or her attorney, without separate charge.
A copy of the decision shall also be mailed to all persons who request
it and who have paid the prescribed fee. A copy of the decision shall
also be filed in the office of the Borough Clerk, who shall make a
copy of such filed decision available for public inspection during
his or her office hours and a copy 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 Borough.
D.
Publication. A brief notice of every final decision
shall be published in the official newspaper of the Borough. 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. The applicant may also arrange for such publication.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or 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 Borough will be adequately protected.
