No member of the Planning Board, governing body
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 or
body on the hearing of such matter nor participate in any discussion
or decision relating thereto.
Minutes of every regular or special meeting
shall be kept and shall include the names of 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 Administrative
Officer. 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 for
in the chapter or by the rules of the Board involved.
Fees for applications or for rendering of any
service under provisions of this chapter by the Planning Board, governing
body or the Zoning Board of Adjustment or any member of their administrative
staffs, which are not otherwise provided by this chapter, may be provided
for and adopted as part of the rules of the board, and copies of said
rules or of the separate fee schedule shall be available to the public.
Whenever a public 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, 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 is above or below it, or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Such notice shall be given by:
(1) Serving a copy thereof on the owner as shown on the
said current tax duplicate or his agent in charge of the properties;
or
(2) 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.
C. Notice to a partnership may be made by service 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.
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.
D. Notice of all public 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 §
330-16B to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
E. Notice shall be given by personal service or certified
mail to the County Planning Board of a public 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.
F. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a public hearing on
an application for development of property adjacent to a state highway.
G. Notice shall be given by personal service or certified
mail to the State Planning Commission of a public 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 Administrative Officer pursuant to Section
6B of Chapter 291, Laws of New Jersey, 1975.
H. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the public
hearing, and the applicant shall file an affidavit of proof of service
with the Board holding the public 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 public
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 map and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, 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 §
330-16B of this chapter.
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 for matters involving
the Planning Board or Zoning Board of Adjustment and by the Municipal
Clerk in matters involving the governing body, without a separate
charge to the applicant. This notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
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, governing body, 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. Any approvals
or other relief granted by either board or body shall be conditioned
upon either the prompt payment of such taxes or assessment, or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.