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 proceedings 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. The Board Secretary shall distribute copies
of the minutes to each Board member and professional staff member
within two weeks following the meeting.
Public notice of a hearing shall be given for an extension of
approvals for five or more years under Subsection d of N.J.S.A. 40:55D-49
and Subsection b of N.J.S.A. 40:55D-52; for modification or elimination
of a significant condition or conditions in a memorializing resolution
in any situation wherein the application for development for which
the memorializing resolution is proposed for adoption required public
notice; for appeals of determinations of an administrative officer
pursuant to Subsection a of N.J.S.A. 40:55D-70; for requests for interpretation
of the Zoning Map or ordinance pursuant to Subsection b of N.J.S.A.
40:55D-70; application for a certificate certifying that a use or
structure existed before the adoption of the ordinance which rendered
the use or structure nonconforming pursuant to N.J.S.A. 40:55D-68;
for any relief requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76
as part of an application for development otherwise excepted herein
from public notice; and for any other applications for development
with the following exceptions: 1) minor subdivisions pursuant to N.J.S.A.
40:55D-47; 2) minor site plan review pursuant to N.J.S.A. 40:55D-46;
or 3) final approval pursuant to N.J.S.A. 40:55D-50. 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 to owners.
(1) 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 Township in which the applicant's
land is located. Such notice shall be given by:
(a)
Serving a copy thereof on the owner as shown on the current
tax duplicate or his agent in charge of the property.
(b)
Mailing a copy thereof by certified mail to the property owner
at his address as shown on the current tax duplicate. A return receipt
shall not be required.
(2) Notice to a partnership owner may be made by serving upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
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
State Planning Commissioner 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-10b.
G. In connection with an application for a major subdivision or a site
plan not defined as a minor site plan under the Municipal Land Use
Law, pursuant to the provisions of N.J.S.A. 40:55D-12, notice shall
be given by personal service or certified mail to the corporate secretary
of all public utilities and the general manager of all cable television
companies that own land or any facility or that possess a right-of-way
or easement within 200 feet in all directions of the property which
is the subject of such hearing. An applicant seeking approval of a
development which does not require notice shall be required to provide
notice by personal service or certified mail to the corporate secretary
of any public utility and the general manager of any cable television
company that possesses a right-of-way or easement situated within
the property limits of the property which is the subject of the application
for development.
H. 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.
I. 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.
J. 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.
[Amended 2-4-2016 by Ord.
No. 01-16]
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 payment of a fee as set forth in Chapter
235, Fees, 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 §
310-31B.
[Amended 10-4-2018 by Ord. No. 14-18; 3-5-2020 by Ord. No. 04-20; 7-2-2020 by Ord. No. 11-20]
A. Development checklists must be completed and submitted with the application
for development. The various development checklists can be found in
Land Use Ordinance Attachment 4.
B. The checklist requirements are the basis for the determination of
a complete application.
C. Where items are required on the checklist and are not provided, the
application shall be deemed to be incomplete.
D. An applicant submitting an application for development may request
waivers from certain checklist requirements. All requests to waive
checklist requirements must be accompanied by a statement setting
forth the reasons why a waiver shall be granted by the Planning Board.
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, as the case may be,
without separate charge to the applicant. Such notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
Pursuant to 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 such 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 provision for
the payment thereof in such manner that the Township shall be adequately
protected.
An applicant shall comply with the provisions of this section
whenever the applicant wishes to claim approval of his 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 Subsection a of N.J.S.A. 40:55D-12. The
applicant shall arrange publication of the notice of the default in
the official newspaper of the municipality, if there be one, or in
the 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 as the case may be.
An appeal to the Board may be taken by an interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of the Zoning Chapter or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in §
310-21 and in accordance with the provisions of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-69 et seq. The appellant shall give notice of such appeal in accordance with the provisions of §
310-31.
A corporation or partnership applying to the Board 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.
If a corporation or partnership owns 10% or more of the stock of the corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to §
310-43, that corporation or partnership shall list the names and addresses of its 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 noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established hereinabove, have been listed.
No application of any corporation or partnership which does not comply with §§
310-43 and
310-44 shall be approved by the Board. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the Township in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
[Added 3-5-2020 by Ord.
No. 04-20]
The submission of a compact disk and a portable USB drive containing
digital copies (PDF format) of all plans, maps, reports, applications,
checklists, and other documents filed with the development application.