Applications for development within the jurisdiction of the Planning
Board pursuant to the provision of P.L. 1975, c. 291, shall be filed with
the Secretary of the Planning Board. The applicant shall file, at least 14
days before the date of the monthly meeting of the Board, seven copies of
a sketch plat, seven copies of an application for minor subdivision approval,
seven copies of an application for major subdivision approval or seven copies
of an application for site plan review, conditional use approval or planned
development. At the time of filing the application, but in no event less than
10 days prior to the date set for the hearing, the applicant shall also file
all plot plans, maps or other papers required by virtue of any provision of
this chapter or any rule of the Planning Board. The applicant shall obtain
all necessary forms from the Secretary of the Planning Board. The Secretary
of the Board shall inform the applicant of the steps to be taken to initiate
applications and of the regular meeting dates of the Board.
B.
Oaths. The officer presiding at the hearing or such person
as he may designate shall have the 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 attorney, 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.
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 the 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 Subsection B of this section 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 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 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; 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 as required by law.
[Amended 3-8-1979 by Ord. No. 3-1979; 2-27-2003
by Ord. No. 3-2003]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Municipal Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, 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 § 41-18B of this chapter.
A.
Minor subdivisions. Minor subdivision approvals shall
be granted or denied within 45 days of the date of submission of a complete
application to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless, within such period, a plat
in conformity with such approval and the provisions of the Map Filing Law
(N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor
subdivision is filed by the developer with the county recording officer, the
Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must
be signed by the Chairman and Secretary of the Planning Board before it will
be accepted for filing by the county recording officer.
B.
Preliminary approval of major subdivisions. Upon submission
of a complete application for a subdivision of between four and 10 lots, inclusive,
the Planning Board shall grant or deny preliminary approval within 45 days
of the date of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for a subdivision
of more than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board shall
be deemed to have granted preliminary approval for the subdivision.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the the granting of a variance as set forth in § 41-8B(8) of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D.
Final approval.
(1)
Application for final subdivision approval shall be granted
or denied within 45 days of submission of a complete application or within
such further time as may be consented to by the applicant.
(2)
Final approval of a major subdivision shall expire 95
days from the date of signing of the plat unless, within such period, the
plat shall have been duly filed by the developer with the county recording
officer, the Municipal Engineer and the Municipal Tax Assessor. The Planning
Board may, for good cause shown, extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
E.
All approvals shall be filed as provided by law by the
Secretary of the Planning Board, at the expense of the applicant.
A.
Each decision on any 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.
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 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.
C.
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.
[Amended 3-14-1991 by Ord. No. 6-1991]
[Amended 3-14-1991 by Ord. No. 6-1991]
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 conditioned 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.
