No member of the Planning Board, governing body
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 or
body on the hearing of such matter or participate in any discussion
or decision relating thereto.
A.
Meetings of the Planning Board, governing body and
Zoning Board of Adjustment shall be scheduled not less often than
once a month, and any meeting so scheduled shall be held as scheduled
unless canceled in accordance with the requirements of law.
B.
Special meetings may be provided for at the call of
the Board's presiding officer or on the request of any two members,
which meeting shall be held on notice to its members and the public
in accordance with all applicable legal requirements. Special meetings
of the governing body shall be called in accordance with the appropriate
provisions of law.
C.
No action shall be taken at any meeting without a
quorum being present.
Minutes of every regular or special meeting
shall be kept and shall include the names of 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 Township
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 this chapter or by the rules of the Board involved.
Fees for applications or for rendering of any
service under the provisions of this chapter by the Planning Board,
governing body or Zoning Board of Adjustment or any member of their
administrative staffs which are not otherwise provided by this chapter
may be provided for and adopted as part of the rules of the Board,
and copies of said rules or of the separate fee schedule shall be
available to the public.
A.
Rules. The Planning Board, the governing body and
the Zoning Board of Adjustment may make rules governing the conduct
of hearings before such bodies under this chapter, 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. Testimony of all witnesses relating to
an application for development shall be taken under oath or affirmation
by the presiding officer. 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.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board or body may exclude irrelevant,
immaterial or unduly repetitious evidence.
E.
Records. Each Board or body shall provide for the
verbatim recording of the proceedings by either stenographer or mechanical
or electronic means. The Board or body shall furnish a transcript
or duplicate recording in lieu thereof on request to any interested
party at his expense.
F.
Eligibility to vote. A member of a reviewing board
who is absent for one or more of the meetings at which a hearing was
held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence from one or more of the
meetings; provided, however, that such Board member has available
to him the transcript or recording of all the hearings from which
he was absent and certifies in writing to the reviewing board that
he has read such transcript or listened to such recording.
[Amended 3-11-1980 by Ord. No. 1980-3]
Whenever a public 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 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 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. Such notice shall be given by serving a copy thereof
on the owner as shown on 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 said current tax
duplicate. A return receipt is not required. 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 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.
[Amended 3-11-1980 by Ord. No. 1980-3; 4-12-1994 by Ord. No. 1994-4-3]
C.
Notice of all public 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 of this section 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 public 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 public 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 State Planning Commission of a public 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 Section
6B of Chapter 291, Laws of New Jersey, 1975.[1]
[Amended 4-12-1994 by Ord. No. 1994-4-3]
[1]
Editor's Note: See 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 the public
hearing, and the applicant shall file an affidavit of proof of service
with the Board holding the public 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.
All notices required to be given pursuant to the terms
of this chapter shall state the date, time and place of the public
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 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.
[Amended 3-11-1980 by Ord. No. 1980-3]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Clerk shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, 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 § 104-19B of this article.
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.
[Amended 3-11-1980 by Ord. No. 1980-3]
B.
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.
[Amended 3-11-1980 by Ord. No. 1980-3]
C.
The reviewing board may provide for such written decision
and findings and conclusions either on the date of the meeting at
which the reviewing board takes action to grant or deny 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 findings and conclusions of the reviewing board thereon.
An action resulting from the failure of the motion to approve an application
shall be memorialized by resolution as provided above, notwithstanding
the time at which such action occurs within the applicable time period
for rendering a decision on the application.
[Amended 3-11-1980 by Ord. No. 1980-3]
D.
The adoption of a resolution of memorialization pursuant
to this section shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such a resolution shall be adopted by a vote of a majority of the
members of the reviewing board who voted for the action previously
taken, and no other members shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the reviewing
board, 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.
[Amended 3-11-1980 by Ord. No. 1980-3]
E.
Whenever a resolution of memorialization is adopted
in accordance with this section, the date of such adoption shall constitute
the date of a decision for purposes of mailings, filings and publications
required by any other provision of this chapter.
[Amended 3-11-1980 by Ord. No. 1980-3]
F.
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 administrative
officer, 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.
G.
Publication of decision. A brief notice of every final
decision shall be published in the official newspaper of the municipality.
Such publication shall be arranged by the Board Secretary for matters
involving the Planning Board or Zoning Board of Adjustment and by
the Municipal Clerk in matters involving the governing body. This
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 40:55D-65, every application for development submitted to the
Planning Board, governing body 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. Any approvals
or other relief granted by either Board or the governing body 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.
A.
"D" variance appeals. Any interested party may appeal to the Township Committee a final decision of the Zoning Board of Adjustment approving an application for development made pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 104-21G of this article. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established before the Zoning Board of Adjustment.
B.
Notice requirements. Notice of a meeting to review the record below shall be given by the Township Clerk by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 104-21 of this article and to the Zoning Board of Adjustment by service upon the Secretary of the Board at least 10 days prior to the date of the meeting. Parties may submit oral and written argument on record at such meeting, and the Township Committee shall provide for a verbatim recording and transcripts of such meeting pursuant to § 104-18E of this article.
[Amended 6-21-1994 by Ord. No. 1994-5-3]
C.
Transcript. The appellant shall arrange for the preparation
of a transcript of the proceedings before the Zoning Board of Adjustment
with the administrative officer within five days of serving his notice
of appeal and shall submit proof to the Clerk of the Township within
10 days of the date that he has filed his notice of appeal that he
has ordered the transcript and either paid a deposit of $50 or the
estimated cost of the transcript, which sum shall not exceed the maximum
permitted under N.J.S.A. 2B:7-4, or the appellant shall cause eight
copies of the transcript so prepared to be filed with the Township
Clerk within 35 days of service of the notice of appeal; otherwise
the appeal may be dismissed for failure to prosecute.
[Amended 3-11-1980 by Ord. No. 1980-3; 6-21-1994 by Ord. No. 1994-5-3; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
D.
Committee action.
(1)
Time for decision. The Township Committee shall conclude
a review of the record below not later than 95 days from the date
of publication of the notice of the decision below unless the applicant
consents in writing to an extension of such time period. Failure of
the Township Committee to hold a hearing and conclude a review of
the record below and to render a decision within such specified period
shall constitute a decision affirming the action of the Board.
[Amended 3-11-1980 by Ord. No. 1980-3]
(2)
Action. The Township Committee may reverse, remand
or affirm wholly or in part or may modify the final decision of the
Zoning Board of Adjustment.
(3)
Vote necessary. The affirmative vote of the majority
of the full authorized membership of the Township Committee shall
be necessary to reverse, remand or modify any final decision of the
Board.
(4)
Notice of decision. The Township Clerk shall mail a copy of the decision to the appellant or, if represented, then to his attorney and to the applicant without separate charge and for a fee as designated under Article VI of this chapter to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange for such publication if he so desires.
E.
Stay. An appeal to the Township Committee shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the Zoning Board of Adjustment
certifies to the Township Committee, after the notice of appeal shall
have been filed with the Zoning Board of Adjustment, that by reason
of facts stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court on application,
upon notice to the Zoning Board of Adjustment and on good cause shown.
F.
Court action. Nothing herein shall be construed to
restrict the right of any party to obtain a review by any court of
competent jurisdiction according to law.
G.
All appeal procedures set forth in this section shall
apply to appeals from the Land Use Development Board (Planning Board).
All references to the "Zoning Board" shall be interpreted to include
the Land Use Development Board.
[Added 10-14-1997 by Ord. No. 1997-11-9]
