The Planning Board and Board of Adjustment shall
adopt, and may amend, reasonable rules and regulations, not inconsistent
with this chapter, for the administration of its functions, powers
and duties, and shall furnish a copy thereof to any person upon request
and may charge a reasonable fee for such copy. Copies of all such
rules and regulations and amendments thereto shall be maintained in
the office of the administrative officer.
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
Board Secretary. 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 for reproduction of the minutes for his use.
[Amended 10-13-1992 by Ord. No. 13-92]
A. Whenever a hearing is required pursuant to §
225-17A, the applicant shall give notice thereof at least 10 days prior to the date of the hearing on the application as follows:
[Amended 4-20-2005 by Ord. No. 5-05]
(1) Public notice shall be given by publication in an
official newspaper of the Township.
(2) Notice shall be given to the owners of all real property,
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of such hearing
and whether located within or without the Township; 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 personally serving a copy thereof on the property 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, a 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.
(3) 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
A(2), to the owners of lands in such adjoining municipality, which are located within 200 feet of the subject premises.
(4) Notice shall be given by personal service or certified
mail to the Morris 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 situated within 200 feet of a
Township boundary.
(5) 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.
(6) 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 Board Secretary.
(7) Notice of hearings and applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to this § 105-20A 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 Township and which has registered with the Township Tax Assessor in accordance with Subsection
A(7)(a) below, by 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 mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(a)
Every public utility, cable television company and local utility having a right-of-way or easement in the Township and interested in receiving notice pursuant to this Subsection
A(7) may register with the Township Tax Assessor. The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.
(b)
The Township Tax Assessor shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered pursuant to Subsection
A(7)(a) above. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required by this Subsection
A(7). This information shall be provided to any applicant as provided by Subsection
A(9) below.
(8) The applicant shall file an affidavit of proof of
services of the notices required in this subsection with the Board
prior to or at the time of the hearing.
(9) The Township Tax Assessor shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee as set forth in Chapter
171, make and certify a list from the current tax duplicate of names and addresses to whom the applicant is required to give notice pursuant to Subsection
A. In addition, the Township Tax Assessor shall include on the list the names, 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 Subsection
A(7)(a) above.
(10)
Any notice made by certified mail shall be deemed
complete upon mailing.
(11)
Notices of hearing shall state the applicant's
name; the date, time and place of the hearing; the nature of the matters
to be considered, including the type and, if appropriate, extent of
each variance request; and an 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 Township
Tax Assessor's office, and the location and times at which any maps
and documents for which approval is sought are available for inspection.
B. Whenever a hearing is required on any revision or
amendment of the Township Master Plan, such notice shall be given
by the Planning Board Secretary in accordance with the provisions
of N.J.S.A. 40:55D-13.
C. Whenever a hearing is required on the adoption, revision
or amendment of a development regulation, a Township capital improvement
program or a Township Official Map, such notice shall be given by
the Township Clerk to adjoining municipalities and to the Morris County
Planning Board in accordance with the provisions of N.J.S.A. 40:55D-15.
[Amended 10-13-1992 by Ord. No. 10-92]
A. No member of the Planning Board or the Board of Adjustment
shall be permitted to 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 shall he participate in any discussion or decision relating
thereto.
B. If the Planning Board lacks a quorum because any of
its regular or alternate members is prohibited from acting on a matter
due to the member's personal or financial interests therein, regular
members of the Board of Adjustment shall be called upon to serve,
for that matter only, as temporary members of the Planning Board in
order of seniority of continuous service to the Board of Adjustment
until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chairman of the
Board of Adjustment shall make the choice.
C. If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited from acting
on a matter due to the member's personal or financial interests therein,
Class IV members of the Planning Board shall be called upon to serve,
for that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.