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.
A. 
Regular meetings of both the Planning Board and the Board of Adjustment shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications to process. The rules and regulations of both Boards shall fix the time and place for holding regular meetings.
B. 
The rules and regulations for both Boards may provide for special meetings at the call of the Chairman or at the request of any two Board members, which shall be held on notice to the members of the Board and the public in accordance with applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present, as defined in N.J.S.A. 40:55D-6.
D. 
All action shall be taken by a majority vote of the members present, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
E. 
All regular meetings and all special meetings shall be open to the public, and notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting.
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.
A. 
Hearing required. The Planning Board or the Board of Adjustment shall hold a hearing on each application for major or minor subdivision, major or minor site plan, planned development, conditional use permit, variance, appeal, interpretation, special flood hazard development permit or amendment of the Master Plan, except that, in the case of an application to the Planning Board solely for approval of a minor subdivision or a minor site plan or a special flood hazard development permit, if the Planning Board has designated a committee of the Planning Board to act on its behalf with respect to such an application, a hearing shall not be required thereon. A hearing shall also be held when an applicant requests approval of an amendment to any previously approved subdivision or site plan for which a public hearing was required.
[Amended 8-10-1992 by Ord. No. 4-92; 4-20-2005 by Ord. No. 5-05]
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. In the issuance of subpoenas, the administration of oaths and the taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
C. 
Testimony. The testimony of all witnesses shall be taken under oath or affirmation by the presiding officer or person designated by him, and 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 the time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence. A complete set of 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 Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
F. 
Absences of Board members. When any hearing before a Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
[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.