Township of Hanover, NJ Article V Administrative Procedures

§ 166-30 Adoption of regulations.

A. The Township Planning Board, Board of Adjustment and governing body shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter and P.L. 1975, c. 291, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person, upon request, who pays the fee hereinafter provided for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.

B. Meetings of municipal agency.

(1) Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum's being present All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by the following sections of P.L. 1975, c. 291:

(a) Section 23, dealing with the adoption of the Official Map.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-32.

(b) Section 25, dealing with the issuance of building permits on lands reserved on the Official Map.[2]

[2] Editor's Note: See N.J.S.A. 40:55D-34.

(c) Section 49, dealing with the adoption of a Zoning Ordinance.[3]

[3] Editor's Note: See N.J.S.A. 40:55D-62.

(d) Section 50, dealing with a protest against a zoning change.[4]

[4] Editor's Note: See N.J.S.A. 40:55D-63.

(e) Section 8e, dealing with the governing body's reversing action by the Planning Board.[5]

[5] Editor's Note: See N.J.S.A. 40:55D-17e.

(f) Section 17a, dealing with the governing body's overriding the Planning Board report on development regulations.[6]

[6] Editor's Note: See N.J.S.A. 40:55D-26a.

(g) Section 17b, dealing with another municipal agency's overriding the Planning Board on matters referred to the Planning Board.[7]

[7] Editor's Note: See N.J.S.A. 40:55D-26b.

(h) Section 57d, dealing with a use variance application.[8]

[8] Editor's Note: See N.J.S.A. 40:55D-70.

(2) Nothing herein shall be construed to contravene any act providing for procedures for the governing body.

C. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. Any executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.

D. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as hereinafter provided for reproduction of the minutes for this use.

E. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.

[Amended 12-11-1997 by Ord. No. 34-97]

F. The adoption of a resolution of memorialization, pursuant to § 166-38 of this chapter, shall not be construed to alter the applicable time period for rendering a decision on the application for development.

[Amended 12-11-1997 by Ord. No. 34-97]

§ 166-31 Exclusive authority of Planning Board and Board of Adjustment.

Any power expressly authorized by this chapter to be exercised by the Planning Board or the Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter.

§ 166-32 Tolling of running of period of approval.

In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or under any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time that said legal action is pending or such directive or order is in effect.

§ 166-33 Conditional approvals.

A. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter, and, if such application for development complies with this chapter, the municipal agency shall approve such application conditioned on the removal of such legal barrier to development.

B. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Township shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.