No 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 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 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 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 a majority vote of the members present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. (see Board rules). Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.
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, c. 231, L. 1975. 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.
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 Township 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.
Fees or charges for submission of applications or for rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs for review of an application for development, for inspections or for taking of appeals shall be as set forth in any general fee ordinance of the Township or as established in any ordinance regulating the use and development of land.[1] Any fee paid in connection with an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development shall be a credit toward fees for review of the application for development.
[1]
Editor's Note: See Ch. 88, Fees.
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 of this chapter.
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 (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 proceeding by either stenographer, 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.
[Amended 7-18-2006 by Ord. No. 2006-11]
Whenever a hearing is required on an application for development pursuant N.J.S.A. 40:55D-1 et seq. for any matter coming before the Zoning Board of Adjustment and for any preliminary site plan applications, the applicant shall give notice thereof as follows.
A. 
Public notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property located in this state as shown on the current tax duplicate or duplicates within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or without the Township.
(1) 
Such notice shall be given by:
(a) 
Serving a copy thereof on the owner, as shown on the current tax duplicates, or his or her agent in charge of the property; or
(b) 
Mailing a copy thereof, by certified mail to the property owner at his or her address, as shown on the current tax duplicate or duplicates.
(2) 
The above requirements shall be deemed satisfied where condominiums or horizontal property regimes are within 200 feet of applicant's property, by making service in the following manner:
(a) 
If the applicant's property abuts a condominium and the owner of any unit is within 200 feet of the applicant's property and said unit has a unit above or below it, by giving notice to the condominium association.
(b) 
If the applicant's property abuts a horizontal property regime and an apartment of the co-owner is within 200 feet of the applicant's property and such apartment has an apartment above or below it, by giving notice to the horizontal property regime.
(c) 
If the applicant is the owner of a condominium unit or co-owner of an apartment, notice shall be given to all other unit owners or apartment co-owners within 200 feet of the unit or apartment owned or co-owned by the applicant.
(3) 
A return receipt is not required. Notice to a partnership owner may be made upon any partner. 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. Where a condominium association, horizontal property regime, community trust or homeowners' association, own grass, landscaped areas, driveways, parking lots, recreational facilities, etc., which are common elements or areas, that are within 200 feet of the property which is the subject of a hearing, notice 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. 
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 § 33-31B 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 the 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 Township Clerk pursuant to N.J.S.A. 40:55D-10(b).
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 Township 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. 
Any maps and documents for which approval is sought at a 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 Township Clerk.
K. 
Notice pursuant to Subsections C, D, E and F of this section shall not be required unless public notice pursuant to Subsections A and B of this subsection is required. Notice under Subsections A and B is not required for conventional site plan review, minor subdivision approval or final approval pursuant to N.J.S.A. 40:55D-50.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township shall, within seven days after receipt of a request therefor, and upon receipt of a fee as set from time to time by the Township Council,[1] 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 § 33-31B of this chapter.
[1]
Editor's Note: See Ch. 88, Fees.
A. 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist as hereinafter specified, a copy of which shall have been provided to the applicant, and the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the agency.
B. 
The checklist requirements for applications for development are as follows: Checklists for all applications for development, appeals pursuant to N.J.S.A. 40:55D-70(a) for ordinance or map interpretations or special questions pursuant to N.J.S.A. 40:55D-70(b) for planning variances pursuant to N.J.S.A. 40:55D-34 and 36 and for conditional uses are attached hereto as Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end 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 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 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 Township 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 Township.
C. 
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
(2) 
A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency 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 municipal agency and not to be an action of the municipal agency; 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 under § 33-34B and under § 33-35. If the municipal agency 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 municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.
D. 
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. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above notwithstanding the time at which the action occurs within the applicable time period for rendering a decision on the application.
A brief notice of every final decision shall be published in the official newspaper of the Township. 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. Said notice shall be sent to the official newspaper for the 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 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 such application; or, if it is shown that taxes or assessments are delinquent on the 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.
A. 
A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B. 
If a corporation or partnership owns 10% or more of a stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of it stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten-percent ownership criterion have been listed.
A. 
Conditions precedent. Whenever any application for development is approved, subject to specified conditions intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval.
B. 
The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be assigned or any required building permit, occupancy permit or zoning permit be issued.
C. 
Conditions subsequent. Whenever any application for development is approved subject to conditions which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
D. 
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting, upon an ex parte application, an extension of time for fulfilling a condition for good cause shown.
E. 
The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his or her application for development by reason of the failure of a municipal agency to grant or deny approval within the time periods specified in the Municipal Land Use Law and this chapter.
A. 
The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subdivision of N.J.S.A. 40:55D-12b. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
B. 
The applicant shall file an affidavit of proof of service and publication with the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be.