No member of the Planning Board shall act on
any matter in which he has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he 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 the Planning Board 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 Chairman or on the request of any two Board members and shall
be held on 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.
F.
Pursuant to N.J.S.A. 40:55D-47, the Planning Board
is hereby authorized to waive notice and public hearing for an application
for development if the Planning Board or Subdivision Committee of
the Board appointed by the Chairman finds that the application for
development conforms to the definition of "minor subdivision" as it
is defined in N.J.S.A. 40:55D-5. Regardless of whether minor subdivision
approval comes about by way of public hearing or as is hereinabove
set forth, said approval shall be deemed to be final approval of the
subdivision by the Board, provided that the Board or said subcommittee
may condition such approval on terms ensuring the provisions of improvements
provided in P.L. 1975, c. 291, or amendments thereto.[3]
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Minutes of every regular or special meeting
or executive session meeting shall be kept and shall include the names
of the persons appearing and addressing the Board and of the persons
appearing by an attorney, the action taken by the Board, the findings,
if any, made by it and the 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 proceeding concerning the subject matter of such minutes.
Such interested party may be charged a fee for reproduction of the
minutes for his use as provided for in the rules of the Board.
[Amended 3-3-1980 by Ord. No. 8002; 4-17-1986 by Ord. No.
8605; 4-20-1989 by Ord. No. 8906; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Fees for applications or for the rendering of any service by the Planning Board or any member of their administrative 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 said rules or of the separate fee schedule shall be available to the public. Any existing fee for such services already provided for by administrative rules or by resolution or ordinance shall remain the same. The fees for variances and appeals are set forth in Chapter 114, Fee Schedule.
A.
Rules. The Planning Board may make rules governing
the conduct of hearings before such bodies which shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person 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 witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (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 indirectly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitation 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 stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
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 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. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof by certified mail to the property owner at his address as
shown on said current tax duplicate. A return receipt is not required.
Notice to a corporate owner 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 partnership owner may be made by service upon any partner.
C.
Notice of all 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 § 143-30B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
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 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 Director of the Division of State and Regional Planning
in the Department of Community Affairs 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 Municipal Clerk pursuant to 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 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 to be 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 of this chapter 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 Municipal 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.
J.
In addition to the notices hereinabove set forth,
the applicant is hereby given notice of the following requirements
of the statutes of the State of New Jersey:
(1)
Any person proposing to construct or causing to be
constructed a facility as enumerated in N.J.S.A. 13:19-3c in the coastal
area as described in N.J.S.A. 13:19-4 shall also file application
for a permit with the State of New Jersey Department of Environmental
Protection as required by law.
(3)
Any applicant presenting an application for development
which involves the design of a central-well water system must obtain
approval from the New Jersey Department of Environmental Protection
as provided by law.
(4)
Any applicant presenting an application for development
which involves a sewage disposal system must obtain an approval from
the Atlantic County Board of Health.
(5)
Any and all variances, permits and/or approvals which
may be granted by the municipality to any applicant in accordance
with the provisions of this chapter are subject to the obtaining of
the necessary permits and/or approvals required from county and/or
state agencies and departments hereinabove set forth.
[Amended 6-4-1979 by Ord. No. 7904; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality, the Enforcement Officer, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in the amount set forth in Chapter 114, Fee Schedule, 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 Article III, § 143-30B of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and legal conclusions based thereon.
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 the 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 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.
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 at the expense
of the applicant. 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 N.J.S.A. 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 conditional upon either
the prompt payment of such taxes or assessments or the making of adequate
provisions for the payment thereof in such manner that the municipality
will be adequately protected.