No member of the Planning Board 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 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 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
Borough Clerk. 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 rules of the Board or, if no rules govern, then
pursuant to N.J.S.A. 47:1A-2.
Whenever a hearing is required on an application
for development pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., or pursuant to the determination of the municipal agency
in question, the applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the
official newspaper of the Borough 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 hearings, provided that 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.
(1) Notice shall be given by:
(a)
Serving a copy thereof on the property owner
as shown on the current tax duplicate, or his agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his address as shown on the current tax duplicate.
(2) A return receipt is not required. Notice to a partnership
owner may be made by service upon it 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. 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 §
261-31B 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 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 Borough
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 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 Borough Clerk pursuant to N.J.S.A. 40:55D-10(b).
G. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H. 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.
I. 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 Borough 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.
J. In addition to the foregoing notice requirements as
set forth in the Municipal Land Use Law, whenever a property is the
subject of any application for development pursuant to the Municipal
Land Use Law, the applicant shall allow the Borough to place a sign
as hereinafter described on the property subject to the application,
thereby giving additional notice of the application.
[Added 12-14-2000 by Ord. No. 2000-44]
(1) The sign to be placed on the property shall be fabricated
by the Borough and shall read as follows: "This property is subject
to a developmental application. The hearing will be held on ______________.
Please contact the Board Secretary at 201-592-3500, ext. 1501, for
further information regarding this project.
[Amended 11-14-2002 by Ord. No. 2002-47; 2-28-2008 by Ord. No. 2008-12]
(2) The property owner shall be responsible for placement
of the sign and certification to the Board of the fact that the sign
was placed on the subject property.
(3) The sign shall be placed on the subject property no
more than two weeks, nor less than 10 days prior to the hearing, and
shall remain on the property until completion of the hearing.
(4) The sign shall measure 18 inches by 24 inches with
a white background and black lettering.
[Amended 2-28-2008 by Ord. No. 2008-12]
(5) Neither the Planning Board nor the Board of Adjustment
shall entertain a hearing unless the property owner has certified
that the sign was placed on the premises and remained on the premises
in accordance with the foregoing.
(6) Nothing herein contained shall affect or dispense
with any notice requirements mandated by the Municipal Land Use Law,
but shall be merely supplementary thereto.
(7) The sign shall be placed by the property owner in
a prominent position as close to the sidewalk or street on which the
property has frontage so as to be readable from sidewalk or street.
[Amended 9-28-2000 by Ord. No. 2000-35; 12-16-2004 by Ord. No. 2004-46; 10-8-2015 by Ord. No. 2015-20]
A. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor, the Zoning Officer, and/or Planning Administrator of the Borough shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee a sum not to exceed $0.25 per name, or $10, whichever is greater, may be charged for such list pursuant to N.J.S.A. 40:55D-12(c), 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 §
261-31B of this chapter. The Tax Assessor, Zoning Officer, and/or Planning Administrator shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h.
B. The applicant shall be entitled to rely upon the information contained
in such list and failure to give notice to any owner or to any public
utility, cable television company or local utility not on the list
shall not invalidate any hearing or proceeding. The Tax Assessor,
the Zoning Officer, and/or Planning Administrator shall not be required
to furnish the names and addresses of those to whom the applicant
must give notice pursuant to N.J.S.A. 40:55D-12(d), (e), (f), or (g).
[Amended 4-6-2006 by Ord. No. 2006-17]
A brief notice of every final decision shall
be published in the official newspaper of the Borough. Such publication
shall be arranged by the Planning Administrator or Board Secretary.
Whenever, by resolution, the Planning Board shall act on an application
made to the Board and legal publication of such resolution is required
by the laws of the State of New Jersey, a publication fee shall be
paid from the applicant's escrow account. The 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 or 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;
or, if it is shown that taxes or assessments are delinquent on the
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the Borough will be adequately protected.