No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has, either directly
or indirectly, and 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
matters nor participate in any discussion or decision thereon.
Fees for applications shall be as set forth in Article
IV of this chapter.
Public hearings shall be required prior to approval of any application for preliminary subdivision approval, preliminary site plan approval, general development plan approval, conditional use approval or on any application where relief is requested pursuant to §
45-7G. Whenever a hearing is required, 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. Notice to a condominium
association or horizontal property regime shall be in accordance with
N.J.S.A. 40:55D-12. Such notice shall be given by serving a copy thereof
on the 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 as his address as shown on the said current
tax duplicate. A return receipt is not required. 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.
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 §
45-33B of this article to the owners of land 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 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.
G. Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
and otherwise requiring public notice pursuant to the provisions of
N.J.S.A. 40:55D-12a 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.
H. In addition to any notice requirement otherwise imposed
by the foregoing provisions, an applicant seeking approval of a development
which does not otherwise require notice shall be required to provide
such 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 approval.
I. 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.
J. Any notice made by certified mail, as hereinabove
required, shall be deemed complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
K. 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; 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.
L. 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 Municipal Clerk.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the Township of Pohatcong 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 Article
III, §
45-33B, 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 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 publication within 10 days of the date of any such decision, which
shall be deemed to be the date of adoption of the Board's memorializing
resolution.
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 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.
The application shall not be deemed to be complete pursuant to the
provisions of N.J.S.A. 40:55D-10.3 until such proof is provided.
[Added 10-19-2004 by Ord. No. 04-30]
Any variance from the terms of Chapter
285, Zoning, of the Code of the Township of Pohatcong hereinafter granted by the Land Use Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have actually been commenced and diligently pursued on each and every structure permitted by said variance or unless such permitted use had been actually commenced within one year from the date of entry of the judgment or determination of the Land Use Board.