No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he/she has either directly
or indirectly any personal or financial interest. Whenever any such
member shall disqualify himself/herself from acting on a particular
matter, he/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 reproduction of the minutes for his/her use
as provided for in the rules of the Board.
[Amended 5-4-2009 by Ord. No. 05-2009; 6-3-2013 by Ord. No. 10-2013]
Fees for applications or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs which is not otherwise provided
by ordinance 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. Zoning Ordinance (map included): $25.
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 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 property owners.
(1) Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which applicant's land is located. Such notice shall be given by:
(a)
Serving a copy thereof on the owner as shown
on the current tax duplicate or his/her agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail to
the property owner at his/her address as shown on the current tax
duplicate. A return receipt is not required.
(2) 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.
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 Borough Clerk pursuant to Section 6b of c.
291, Laws of New Jersey, 1975.
G. All notices hereinabove specified in this subsection
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. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Borough Clerk.
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 a fee of $10 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 §
28-30B.
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. 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 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.