[Amended 5-4-1995 by Ord. No. 4-1995]
No member of the Planning Board 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 or participate in any discussion or decision relating
thereto.[1]
[1]
Editor's Note: Former Subsections B, concerning
lack of a quorum by the Planning Board, and C, concerning lack of
a quorum by the Board of Adjustment, added 9-7-1993 by Ord. No. 5-1993
and which immediately followed this subsection, were repealed 5-4-1995
by Ord. No. 4-1995.
A.
Meetings of the Planning Board shall be scheduled
no less often than once a month, and then any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process.
[Amended 5-4-1995 by Ord. No. 4-1995]
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
shall be held on notice to the Board 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.
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; 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
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a fee for the reproduction of the minutes for
his use, as provided for in the rules of the Board.
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
Fees for applications or for the rendering of
any service by the Planning Board or any member of its administrative
staff shall be established by ordinance pursuant to N.J.S.A. 40:55D-8.[1]
A.
Rules. The Planning Board shall make rules governing
the conduct of hearings before such body, which rules shall not be
inconsistent with the provisions of the Municipal Land Use Law or
of this chapter. Any maps and documents for which approval is sought
for hearing shall be on file and available for public inspection at
least 10 days before the date of the hearing, during normal business
hours, in the office of the Secretary of the Board.
[Amended 5-4-1995 by Ord. No. 4-1995]
B.
Oaths. The officer presiding at the hearing or such
persons 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 documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
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 the 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 a stenographer or mechanical or electronic
means. The Board shall furnish a transcript or duplicate recording
in lieu thereof upon the request of any interested party at his expense
and upon payment of a fee set by the rules and regulations of the
Board.
A.
Public notice of all hearings on applications for
development shall be given, except for minor subdivisions, pursuant
to N.J.S.A. 40:55D-47, or final approval, pursuant to N.J.S.A. 40:55D-50,
provided that public notice shall be given in the event that relief
is requested pursuant to N.J.S.A. 40:55D-60 as part of an application
for development otherwise excepted herein from public notice. Public
notice shall be given by publication in the official newspaper of
the municipality and shall be given in the manner and in the form
prescribed in accordance with N.J.S.A. 40:55D-12. In addition, where
the corporate secretary of a local utility has registered with the
Township in order to receive notice of development applications, such
notice shall be provided pursuant to N.J.S.A. 40:55D-12h.[1]
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993]
[1]
Editor's Note: The Public Utility Registration Form is included at the end of this chapter.
B.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development.
C.
All notices required in accordance with this section
and the provisions of N.J.S.A. 40:55D-12 shall be given at least 10
days prior to the date fixed for hearing.
D.
Any notice made by certified mail, as required in
accordance with the terms of N.J.S.A. 40:55D-12, shall be deemed to
be complete upon mailing.
E.
All notices required to be given pursuant to the terms
of this section shall state the date, time and place of the hearing;
the nature of the matters to be considered; the 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 for public inspection.[2]
[2]
Editor's Note: Original Subsection 2-16A.7,
List of Property Owners Furnished, which followed this section, was
repealed 3-17-1986.
A.
Each decision on an application for development shall
be set forth in writing as a resolution of the Board, which resolution
shall include findings of fact and legal conclusions based thereon,
as provided in N.J.S.A. 40:55D-10g.
[Amended 11-19-1990 by Ord. No. 14-1990]
B.
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 attorney, without separate charge. A copy
of the decision shall also 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.
[Amended 5-4-1995 by Ord. No. 4-1995]
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 without separate
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
[Amended 5-4-1995 by Ord. No. 4-1995]
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 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 the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of an adequate
provision for the payment thereof in such manner that the municipality
will be adequately protected.
