[Adopted 1-1-1982 as Sec. 2-25 of the 1982 Recodification]
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly a 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. The Code of Ethics of the Borough of East Rutherford shall be applicable in these matters.[1]
[1]
Editor's Note: See also Ch. 23, Ethics, Code of.
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 completed 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, which 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.
D. 
All actions shall be taken by majority vote of the members of the municipal agency present at the meeting, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
E. 
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, Chapter 231 of the Laws of 1975.[1] 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 in accordance with the provisions of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A 10:4-6 et seq.
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 use as provided in the rules of the Board.
[Amended 2-16-2010 by Ord. No. 2010-04]
Applications to the Planning Board or Zoning Board of Adjustment shall be charged as provided in Chapter 314 of this Code.
A. 
Rules. The proper municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan. 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 of this article.
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, 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 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. Such interested party shall be charged a fee for the transcript or a duplicate recording as provided for in the rules of the Board; provided, however, that such charge shall not exceed the maximum permitted in N.J.S.A. 2A:11-15. Said transcripts shall be certified in writing by the transcriber to be accurate.
A. 
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 13:17-16 and 40:55D-1 et seq., the applicant shall give notice thereof at his expense as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of hearing.
(2) 
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 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 who 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 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.
(3) 
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 § 305-31A(2) of this article to the owners of land in such adjoining municipality which are located within 200 feet of the subject premises.
(4) 
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.
(5) 
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.
(6) 
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 § 305-30.
B. 
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 or proof of service with the administrative officer for the Board holding the hearing on the application for development.
C. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing.
D. 
Form of notice. All notices required to be given pursuant the terms of this article 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 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 inspection as required by law.
Pursuant to the provisions of N.J.S.A. 40-55D-12c, upon the written request of an applicant, the administrative officer of the Borough of East Rutherford shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 305-31A(2). The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed that sum set out in N.J.S.A. 40:55D-12C may be charged for such list.
A. 
Each decision on any application for development shall be reduced to writing as provided in this section and shall include the findings of facts and conclusions based thereon.
B. 
The failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
C. 
The Planning Board or the Zoning Board of Adjustment may provide such written decision and findings and conclusions, either on the date of the meeting at which the Planning Board or Zoning Board of Adjustment takes to grant or deny approval, or if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve a motion of an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
D. 
The adoption of a resolution of memorialization pursuant to this section shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the Planning Board or Zoning Board of Adjustment who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of the action of the Planning Board or Zoning Board of Adjustment and not to be an action of the Planning Board or Zoning Board of Adjustment; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
E. 
Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by § 305-31A(2) and (3). 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 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, and shall be available for public inspection at his office during reasonable hours.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the administrative officer and paid for by the applicant in accordance with the rules and regulations set forth by the respective Board. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision. The period of time in which an appeal of the decision may he made shall run from the first publication of the decision.
Pursuant to the provisions of N.J.S.A. 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 municipality will be adequately protected.
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-22, an application for development submitted to the Planning Board or Zoning Board of Adjustment proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board or Zoning Board of Adjustment shall process such application for development in accordance with said act and this article or rules and regulations as established by said Boards, and if such application for development complies with the borough's development regulations, the Planning Board or Zoning Board of Adjustment shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board or Zoning Board of Adjustment, the Planning Board or Zoning Board of Adjustment shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that said Boards shall make a decision on any application for development within the time period provided in the Municipal Land Use Law[1] or within an extension of such period as has been agreed to by the applicant unless the Planning Board or Zoning Board of Adjustment is prevented or relieved from so acting by the operation of law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Any member of the Planning Board or Zoning Board of Adjustment may, except a Class I appointment, after public hearing if he requests it, be removed by the governing body for cause. Cause shall be, but not limited thereto, absence from four regular meetings during the current year or absence from three consecutive regular meetings during the current year.
[Amended 3-18-2014 by Ord. No. 2014-03]
Any interested party desiring to appeal the decision of the Zoning Board of Adjustment shall appeal to the governing body any final decision of the Zoning Board of Adjustment approving an application for development pursuant to Subdivision d of N.J.S.A. 40:55D-70. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 305-34.
A. 
Notice of appeal. The appeal to the governing body shall be made by serving the Borough Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
[Amended 3-18-2014 by Ord. No. 2014-03]
B. 
Notice of review. Notice of the meeting to review the record below shall be given by the governing body, by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 305-33 and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 305-30E.
C. 
Transcripts of proceedings. The appellant shall, within five days of service of the notice of appeal hereof, arrange for a transcript pursuant to § 305-30E for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less; or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
D. 
Delay of approval. The governing body shall conclude review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 305-34 unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
E. 
Stay of proceedings. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body after the notice of appeal shall have been filed with such Board that by reasons of facts stated in the certificate a stay would in its opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
F. 
Modification of final decision. The governing body by an affirmative vote of a majority of its fully authorized membership may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment.
[Amended 3-18-2014 by Ord. No. 2014-03]
G. 
Notice of decision. The governing body shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant or the Borough Clerk at the applicant's expense. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
Whenever a term is used in this article which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this article.
This article shall be known and may be cited as the "Land Use Procedures Ordinance of the Borough of East Rutherford."
Immediately upon adoption of this article, the Borough Clerk shall file a copy of this article with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as subdivision, zoning and site plan review.[1]
[1]
Editor's Note: See also Ch. 327, Land Subdivision and Site Plan Review, and Ch. 389, Zoning, of the Land Use Code of the Borough of East Rutherford.
[Added 9-16-2014 by Ord. No. 2014-05]
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as applicable, when so certified by the Planning Board or Zoning Board, whichever has jurisdiction. The Planning Board or Zoning Board may designate a committee of the Board or other person to certify an application for development as complete.