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.
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.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which 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 being present.
D.
All actions shall be taken by a majority vote of the
members present at the meeting, except as otherwise required by any
provision of N.J.S.A. 40:55D-1 et seq.
[Amended 4-15-1980 by Ord. No. 80-3]
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 requirements of the Open Public Meetings Law,
Chapter 231 of the Laws of 1975 (N.J.S.A. 10:4-6 et seq.).
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
Municipal 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.
[Amended 7-21-1987 by Ord. No. 87-14; 4-28-1993 by Ord. No.
93-10]
A.
Escrows. Any application for the rendering of any service by the Planning Board or Zoning Board of Adjustment shall be accompanied by an escrow which will reimburse the Borough of Gibbsboro for all professional fees incurred with regard to the application including legal, engineering and planning fees. The amount of the escrow shall be as provided in Chapter 160, Fees, Article I, Fees for Planning Review, and shall be deposited by the applicant prior to the hearing. Any escrow not expended by the Borough shall be refunded to the applicant within a reasonable time following the final determination of the application.[1]
B.
Fees for applications. Any application for the rendering
of any service by the Planning Board or Zoning Board of Adjustment
or any member of their administrative staffs which is otherwise not
provided by ordinance shall require an application fee of $50.
A.
Rules. The Planning Board and Zoning Board of Adjustment
shall 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 of this chapter.
B.
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 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.
C.
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, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party at his
expense.
Whenever a hearing is required on an application
for development pursuant to 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 municipality at least 10 days prior to the
date of the hearing.
B.
Notice to owners of real property.
[Amended 4-15-1980 by Ord. No. 80-3]
(1)
Notice shall be given to the owners of all real property
located in this state, 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 Borough.
Such notice shall be given by:
(2)
The above requirements shall be deemed satisfied where
condominiums or horizontal property regimes are within 200 feet of
the applicant's property by making service in the following manner:
(a)
If the applicant's property abuts a condominium
and the owner of any unit is within 200 feet of the applicant's property
and said unit has a unit above or below it, by giving notice to the
condominium association.
(b)
If the applicant's property abuts a horizontal
property regime and an apartment of the co-owner is within 200 feet
of the applicant's property and such apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium
unit or co-owner of an apartment, notice shall be given to all other
unit owners or apartment co-owners within 200 feet of the unit or
apartment owned or co-owned by the applicant.
(3)
A return receipt is not required. Notice to a partnership
owner may be made 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.
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 Subsection B 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 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 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 Municipal Clerk pursuant to Section 6b of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-10b.).
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 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, 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.
J.
Notice pursuant to Subsections C, D, E and F of this section shall not be required unless public notice pursuant to Subsections A and B of this section is required. Notice under Subsections A and B is not required for conventional site review; minor subdivision approval; or final approval pursuant to N.J.S.A. 40:55D-50.
[Added 4-15-1980 by Ord. No. 80-3]
[Amended 4-15-1980 by Ord. No. 80-3]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in said section of the statute, 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, § 240-30B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of 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 prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
C.
The municipal agency may provide the written decision and findings and conclusions referred to in Subsection A of this section either on the date of the meeting at which the municipal agency grants or denies approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. 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, except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon. 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 N.J.S.A. 40:55D-10h and i.
[Added 4-15-1980 by Ord. No. 80-3]
D.
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. An action resulting from
the failure of a motion to approve an application shall be memorialized
by resolution as provided above, notwithstanding the time at which
the action occurs within the applicable time period for rendering
a decision on the application.
[Added 4-15-1980 by Ord. No. 80-3]
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.
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 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; or, if it is shown that taxes or assessments are delinquent
on said 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 municipality will be adequately protected.
[Added 4-15-1980 by Ord. No. 80-3]
A.
A corporation or partnership applying to a municipal
agency for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units, or for approval of a site to be used for
commercial purposes, shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
B.
If a corporation or partnership owns 10% or more of a stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion have been listed.
