In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this chapter or under any act repealed by this chapter, as the case
may be, shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.
A.
In the event that a developer submits an application
for development 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 a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with this Act[1] and municipal development regulations, and, if such application
for development complies with municipal development regulations, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
[1]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipality shall make
a decision on any application for development within the time period
provided in this chapter or within an extension of such period as
has been agreed to by the applicant, unless the municipal agency is
prevented or relieved from so acting by the operation of law.
A.
Meetings of both the Planning Board and the Board
of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as so scheduled unless
canceled for lack of applications for development to process or other
good cause.
B.
Special meetings may be called for at the call of
the Chairman or on the request of any two Board members, which meeting
shall be held on notice to all members of the concerned Board and
to the public, in accordance with all applicable legal requirements.
C.
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
(N.J.S.A. 10:4-6 et seq.) as the same may from time to time be amended.
To the extent permitted by law, an executive session for the purpose
of discussing and studying any matters to come before either Board
may be held, and the same shall not be deemed a regular or special
meeting.
D.
Quorum. No action shall be taken at any meeting of
the Planning Board or the Board of Adjustment without a quorum being
present.
E.
Minutes. Reasonably comprehensible minutes of every
regular or special meeting shall be kept and shall include the time
and place of the meeting; the members present; the subjects considered,
including the names of all 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 the reasons therefor;
the vote of each member; and any other information which may be required
by law.
(1)
Upon their transcription and approval by the Board,
the minutes shall be made available for public inspection during normal
business hours at the office of the Secretary of the Board and may
be disseminated to the public in the manner authorized by the Open
Public Meetings Law.
(2)
Any interested party shall have the right to compel
production of 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.
No member of the Planning Board or Zoning Board
of Adjustment 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.
Rules. The Planning Board and Zoning Board of Adjustment
shall 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., the Municipal Land Use Law.
B.
Notice requirements for hearing. Whenever a hearing
is required on an application for development, the applicant shall
give notice thereof as follows:
(1)
Public notice shall be given by publication in the
official newspaper of the municipality or in a newspaper of general
circulation in the municipality at least 10 days prior to the date
of the hearing.
(2)
Notice of a hearing requiring public notice pursuant to Subsection B(1) shall be given to the owners of all real property as shown on the current Tax Map duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it; or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the 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 the said current tax duplicate. Notice to a partnership owner may be made by service 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. 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.
[Amended 2-26-1980 by Ord. No. 80:3]
(3)
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given to the Clerk of such municipality by personal service
or certified mail.
[Amended 2-26-1980 by Ord. No. 80:3]
(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 Clerk of the municipal agency.
C.
All notices hereinabove specified 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.
D.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing.
E.
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.
F.
Upon the written request of an applicant, the administrative officer of a municipality 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 Subsection B(2) of this section. 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 $0.25 per name or $10, whichever is greater, may be charged for such list.
[Amended 2-26-1980 by Ord. No. 80:3]
G.
Conduct of hearings.
(1)
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 Secretary of the Board having jurisdiction.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
(2)
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.
(3)
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.
(4)
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or
amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of the municipality or in a newspaper of
general circulation in the municipality at least 10 days prior to
the date of the hearing.
B.
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of hearings on adoption, revision
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any such hearing.
[Amended 2-26-1980 by Ord. No. 80:3]
C.
Notice by personal service or certified mail to the
County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing, such notice to include a copy of any such proposed Master
Plan or any revision or amendment thereto; and
(2)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment, such notice to include a copy of the Master Plan or
revision or amendment thereto.
A.
Each decision on any application for development shall
be reduced to writing as provided in this section and shall include
findings of facts and conclusions based thereon. 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.
[Amended 2-26-1980 by Ord. No. 80:3]
B.
Notice of decision; resolution of memorialization.
(1)
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant, or
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency in
the office of the administrative officer. The administrative officer
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
his office during reasonable hours.
[Amended 2-26-1980 by Ord. No. 80:3]
(2)
The municipal agency may provide such written decision
and findings and conclusions either on the date of the meeting at
which the municipal agency takes action 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
thereof. 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 such action occurs within the applicable
time period for rendering a decision on the application.
(3)
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 municipal agency 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 an action of the municipal
agency, and not to be an action of the municipal agency, 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.
C.
A brief notice of the decision shall be published
in the official newspaper of the municipality or in a newspaper of
general circulation in the municipality. Such publication shall be
arranged by the Secretary or Clerk of the municipal agency, provided
that nothing contained in this chapter shall be construed as preventing
the applicant from arranging his own publication if he so desires.
The municipal agency may charge the applicant a reasonable sum for
the publication. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the municipality or the applicant.
Any member may, other than the Mayor, after
the service of written charges and after public hearing if he requests
it, be removed by the governing body for cause. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only.
