No member of the Planning Board or the 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.
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 the reproduction of the minutes for his or
her use as provided for in the rules of the Board.
[Amended 9-28-1997 by Ord. No. 1291]
Fees for application or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staff shall be set in the Borough
fee schedule, and copies of said fee schedule shall be available to
the public.
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. 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 to adjacent property owners. 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 hearing, 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. Notice shall be
given by serving a copy thereof to the property owner shown on said
current tax duplicate or his or her agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his or her address as shown on said current tax duplicate. 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 personnel 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 to adjoining municipality. 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. Such notice shall be in addition to the notice required to be given pursuant to Subsection
B of this section to the owners of lands in such adjoining municipalities which are located within 200 feet of the subject premises.
D. Notice to County Planning Board. 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 to the Commissioner of Transportation. 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 to the State Planning Commission. 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 Municipal
Clerk pursuant to N.J.S.A. 40:55D-1 et seq.
[Amended 9-28-1997 by Ord. No. 1291]
G. Proof of service. 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. Completion upon mailing. Any notice made by certified
mail as hereinabove required shall be deemed to be completed 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:
(1) The date, time and place of the hearing.
(2) The nature of the matters to be considered.
(3) The 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.
(4) The location and times at which any maps and documents
for which approval is sought are available as required by law.
J. Notice to utility companies. Notice of hearings on
applications for approval of a major subdivision or a site plan not
defined as a minor site plan under the Municipal Land Use Law requiring public notice pursuant to N.J.S.A. 40:55D-12a
shall be given, in the case of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the Borough and which has registered with the Borough in accordance
with N.J.S.A. 40:55D-12.1, by:
[Added 9-28-1997 by Ord. No. 1291]
(1) Serving a copy of the notice on the person whose name
appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(2) Mailing a copy thereof by certified mail to the person
whose name appears on the registration form at the address shown on
that form.
[Amended 9-28-1997 by Ord. No. 1291]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the Borough, namely the Code Enforcement Officer, shall within seven days after receipt of a request therefor and upon receipt of payment of a fee as provided in Chapter
101, Fees, 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 §
23-30B of this chapter. In addition, the administrative officer shall include on the list the names and 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. 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.
A brief notice of every final decision shall
be published in the official newspaper of the Borough. 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. Such 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 such 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 shall be adequately protected.