The governing body, Planning Board and Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or this chapter, for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by §
91-24 of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Business Administrator.
Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The agency may provide for special meetings at the call of the Chairman or on request of any two of its members, which meetings shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c.231 (N.J.S.A. 10:4-6 et seq.), and agency regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum except as otherwise required by §§
91-15E,
91-34A,
91-42 and
91-150A(4). Nothing herein shall be construed to contravene any statute providing for procedures for municipal agencies.
Notice pursuant to §§
91-10 and
91-11 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to §
91-10 of this chapter, an 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 documents for which approval is sought are available pursuant to §
91-8B of this chapter.
Notice pursuant to Subsections A, B, D, E, F
and G of this section shall be given by the applicant and shall be
given at least 10 days prior to the date of the hearing.
A. Public notice of a hearing on an application for development shall be given, except for conventional site plan review pursuant to §
91-45A of this chapter, except as otherwise required by §
91-61 of this chapter; minor subdivisions pursuant to §
91-67 of this chapter; or final approval pursuant to §
91-63, provided that public notice shall be given in the event that relief is requested pursuant to §
91-33 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Township.
B. Persons to be notified; method of service.
(1) Notice of a hearing requiring public notice pursuant to Subsection
A of this section shall be given to the owners of all real property as shown on the current tax duplicate located 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 a 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. In addition, notice of pending applications shall be given to all public utilities and CATV companies whose property is within 200 feet of the proposed development and who have registered to receive notice of major subdivisions or site plans. 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.
[Amended 12-1-1993 by Ord. No. 1993-32]
(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, 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.
C. Upon written request of an applicant, the administrative officer 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 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.
D. 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.
E. 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 situated 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 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 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 §
91-8B of this chapter.
H. The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
The Planning Board shall give:
A. Public notice of a hearing on adoption, revision or
amendment of the Master Plan, and such notice shall be given by publication
in the official newspaper of the Township.
B. Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all 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.
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 Township Master Plan at least 10 days prior to the date of
the hearing; such notice shall include a copy of any 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 shall include a copy of the Master Plan
or revision or amendment thereto.
Any notice made by certified mail pursuant to §
91-10 and
91-11 of this chapter shall be deemed complete upon mailing.