The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members. Both Boards shall also select a Board Secretary, who may be a member of the Board, a municipal employee or any other individual designated by the Board. If the person appointed Board Secretary is a municipal employee, that person shall not perform Board duties during the hours that person works for the Township, unless the Township Manager orders otherwise. The Township Manager shall appoint an Administrative Officer for each Board for all purposes set forth in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby created the office of Planning Board Attorney and the office of Zoning Board of Adjustment Attorney. Each Board may annually appoint a Board Attorney, who shall be an attorney licensed in the State of New Jersey and who shall not be the Township Attorney. Said attorney shall receive such compensation as agreed upon by the attorney and the Board in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys or deposits in escrow with respect to applications, whichever the case may be.
A. 
The Planning Board and the Zoning Board of Adjustment may annually employ or contract for services of experts and other staff and services as they may deem necessary. The staff of the Board may include, but shall not be limited to, a clerk or administrative clerk. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.
B. 
The Planning Board and the Zoning Board shall have the power, right and responsibility to employ a professional engineer, licensed by the State of New Jersey, who may also be the Township Engineer, to advise the Board as to engineering matters. The Engineer shall receive such compensation as is agreed upon by the Engineer and the Board in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys in escrow with respect to applications, whichever the case may be.
C. 
The Planning Board and the Zoning Board of Adjustment shall have the right and power to employ a professional planner, licensed by the State of New Jersey, to advise the Board with respect to environmental and planning matters. The Planner shall receive such compensation as is agreed upon by the Board and the planner in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys in escrow with respect to applications, whichever the case may be.
D. 
The Planning Board and the Zoning Board of Adjustment shall have the right and power to employ a duly certified stenographic reporter for the purpose of providing a verbatim recording of the proceedings. The stenographic reporter shall receive such compensation as is agreed upon by the Board and the stenographic reporter in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys in escrow with respect to applications, whichever the case may be.
E. 
The Planning Board and the Zoning Board of Adjustment shall have the right and power to employ a traffic engineer, licensed by the State of New Jersey, to advise the Board with respect to traffic and circulation matters. The traffic engineer shall receive such compensation as is agreed upon by the Board and the traffic engineer in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys in escrow with respect to applications, whichever the case may be.
F. 
The Planning Board and the Zoning Board of Adjustment shall have the right and power to employ a duly qualified archaeologist to advise the Board with respect to archaeological matters. The archaeologist shall receive such compensation as is agreed upon by the Board and the archaeologist in an amount not exceeding the amount appropriated by the Township Council for such purpose and/or an amount not exceeding moneys in escrow with respect to applications, whichever the case may be.
Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process. Regular meetings of the Planning Board or Zoning Board shall not be scheduled to conflict with each other or with the regularly scheduled meetings of the Township Council.
B. 
Special meetings may be provided at the call of the Chairman or on the request of any two Board members, which special meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum of the members being present as members of the Board, "quorum" being defined as the majority of the full authorized membership of the Board.
D. 
All actions shall be taken by a majority vote of the members of the Planning Board or Zoning Board of Adjustment present at the meeting except as otherwise required by statute.
E. 
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 Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). An executive session for the purpose of discussing and studying any matters to come before either Board properly pursuant to the Open Public Meetings Act shall not be deemed to be a regular or special meeting.
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 Department of Community Development. Except for minutes of executive (closed) session(s), 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.
The application fees for development approvals and other related matters shall be as set forth in § 94-10 of this Code.
A. 
Generally, except as otherwise provided for in this Code, the Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and on the adoption, revision or amendment of the Master Plan.
B. 
Rules. The Planning Board and Zoning Board of Adjustment may 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. or this chapter.
C. 
Filing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 20 calendar days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
D. 
Oaths. 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 parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E. 
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 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.
F. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
G. 
Records. All proceedings before the Planning Board or Zoning Board of Adjustment shall be recorded by stenographer or by mechanical or electronic means. Upon the request of any interested party, the administrative officer shall cause a transcript or duplicate recording to be furnished, at the request of the party requesting same and such party's expense. The administrative officer shall maintain and keep all records of both Boards.
H. 
A member of the Planning Board or Zoning Board of Adjustment who was absent for one or more meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her the transcript or recording of all of the hearings from which he or she was absent and certifies, in writing, to the Board that he or she has read such transcript or listened to such recording.
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 Township 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 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.
(1) 
Such notice shall be given by:
(a) 
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
(b) 
Mailing a copy thereof by certified mail, return receipt requested, to the property owner at his address as shown on the said current tax duplicate.
(c) 
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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
(2) 
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, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3) 
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.
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, return receipt requested, to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 15-16B 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, return receipt requested, 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, return receipt requested, 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, return receipt requested, 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 Secretary of the appropriate Board.
G. 
Notice of hearings on applications for approval of a major subdivision or major site plan requiring public notice under this section shall be given to every public utility, cable television company and local utility which possesses a right-of-way or easement within Evesham Township and which has registered with the Township pursuant to N.J.S.A. 40:55D-12.1. Service shall occur upon such public utility, cable company or local utility in accordance with N.J.S.A. 40:55D-12h.
H. 
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.
I. 
Any notice made by certified mail, return receipt requested, 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. 
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 Township Tax Assessor's office and the location and times at which any maps and document for which approval is sought are available for public inspection.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in a resolution adopted by the Township Council, make and certify a list from the current tax duplicate of names and addresses of owners and other persons or entities to whom the applicant is required to give notice pursuant to § 15-16 of the Code of the Township of Evesham.
A. 
Each decision on an application for development shall be set forth, in writing, as a resolution of the Board which shall include the findings of fact and legal 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. 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 within 45 days of the date of the meeting at which the municipal agency voted to grant or deny approval by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. 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. If the municipal agency fails to adopt a memorializing resolution in the manner required herein, any interested party may apply to the Superior Court to compel adoption of a resolution in accordance with N.J.S.A. 40:55D-10g. Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection B below and § 15-19 of this chapter.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if represented, then to his 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 set forth in N.J.S.A. 47:1A-2. A copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy of such filed decision available to any interested party upon payment of the fee set forth in N.J.S.A. 47:1A-2.
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the applicant who shall bear the expense of same. The aforementioned notice shall be sent to the official newspaper for publication within 10 days of the date of adoption of a memorializing resolution.
All records of the Planning Board and the Zoning Board of Adjustment, including but not limited to a copy of each application, supporting documentation, minutes of hearings, correspondence, decisions and other information relevant to the determination, shall be maintained in the office of the Department of Community Development for a period of not less than five years. Thereafter, said records shall be kept for an indefinite period in accordance with the system of recordkeeping and archives established by the Township Manager. Such documents and information shall be considered a public record within the meaning of N.J.S.A. 47:1A-1 et seq.
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 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 which is the subject of such application. If it is shown that the taxes or assessments are delinquent on said property, no approval or other relief shall be granted by either Board until such taxes or assessments, including interest, have been fully paid.