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.
All regular meetings and all special meetings of municipal agencies shall be open to the public. Notice of all such meetings shall be given 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.
Minutes of every regular or special meeting of municipal agencies shall be kept and shall include the names of all persons appearing and addressing the agency and of the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it and the 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by § 91-24 of this chapter for reproduction of the minutes for his use.
The municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.
The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 15 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.
[Amended 2-6-2002 by Ord. No. 2002-5]
The officer presiding at the hearing or such person as designated 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.
The testimony of all witnesses relating to the 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.
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.
[Amended 12-1-1993 by Ord. No. 1993-32]
The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
A resolution adopted at a meeting held within the time period provided in the Municipal Land Use Law for action by the municipal agency on the application for development; or
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to Section 5 of the Municipal Land Use Law (N.J.S.A. 40:55D-9), 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. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections H and I of this section. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
A copy of the decision shall be mailed by the Secretary of the 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 fee as specified in § 91-24 of this chapter. A copy of the decision shall also be filed by the 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 fee as specified in § 91-24 of this chapter and available for public inspection at his or her office during Township business hours.
A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the administrative officer, provided that the applicant may, in any case, provide for the publication of the decision. 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 Township or by the applicant.
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.
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.
Persons to be notified; method of service.
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]
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.
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.
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.
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.
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.
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.
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:
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.
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.
Notice by personal service or certified mail to the County Planning Board of:
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
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.
§ 91-13 Notice of hearing on adoption, revision or amendment of development regulations; notice of action regarding Official Map or capital improvement program.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearings and of the adoption, revision or amendment of the Township capital improvement program or Township Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Township Official Map or the Township capital improvement program or any proposed revision or amendment thereto, as the case may be.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.