No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he or she has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he or she shall not continue to sit with the Board on the
hearing of such matter nor participate in any discussion 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
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 or her
use as provided for in the rules of the Board.
Fees or charges for submission of applications
or for rendering of any service by the Planning Board or Zoning Board
of Adjustment or any member of their administrative staffs for review
of an application for development, for inspections or for taking of
appeals shall be as set forth in any general fee ordinance of the
Township or as established in any ordinance regulating the use and
development of land. Any fee paid in connection with an informal review of
a concept plan for development for which the developer intends to
prepare and submit an application for development shall be a credit
toward fees for review of the application for development.
[Amended 7-18-2006 by Ord. No. 2006-11]
Whenever a hearing is required on an application
for development pursuant N.J.S.A. 40:55D-1 et seq. for any matter
coming before the Zoning Board of Adjustment and for any preliminary
site plan applications, the applicant shall give notice thereof as
follows.
A. Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B. Notice shall be given to the owners of all real property
located in this state as shown on the current tax duplicate or duplicates
within 200 feet in all directions of the property which is the subject
of such hearing, and whether located within or without the Township.
(1) Such notice shall be given by:
(a)
Serving a copy thereof on the owner, as shown
on the current tax duplicates, or his or her agent in charge of the
property; or
(b)
Mailing a copy thereof, by certified mail to
the property owner at his or her address, as shown on the current
tax duplicate or duplicates.
(2) The above requirements shall be deemed satisfied where
condominiums or horizontal property regimes are within 200 feet of
applicant's property, by making service in the following manner:
(a)
If the applicant's property abuts a condominium
and the owner of any unit is within 200 feet of the applicant's property
and said unit has a unit above or below it, by giving notice to the
condominium association.
(b)
If the applicant's property abuts a horizontal
property regime and an apartment of the co-owner is within 200 feet
of the applicant's property and such apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium
unit or co-owner of an apartment, notice shall be given to all other
unit owners or apartment co-owners within 200 feet of the unit or
apartment owned or co-owned by the applicant.
(3) A return receipt is not required. Notice to a partnership
owner may be made 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. Where a condominium association, horizontal
property regime, community trust or homeowners' association, own grass,
landscaped areas, driveways, parking lots, recreational facilities,
etc., which are common elements or areas, that are within 200 feet
of the property which is the subject of a hearing, notice 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.
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 § 33-31B 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 the 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 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 Township Clerk pursuant to N.J.S.A. 40:55D-10(b).
G. All notices hereinabove specified in this section
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 Township 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 Township Clerk.
K. Notice pursuant to Subsections
C,
D,
E and
F of this section shall not be required unless public notice pursuant to Subsections
A and
B of this subsection is required. Notice under Subsections
A and
B is not required for conventional site plan review, minor subdivision approval or final approval pursuant to N.J.S.A. 40:55D-50.
Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the Tax Assessor of the Township shall, within seven days after receipt
of a request therefor, and upon receipt of a fee as set from time
to time by the Township Council, 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 § 33-31B of this chapter.
A brief notice of every final decision shall
be published in the official newspaper of the Township. 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. Said notice shall be sent to the official newspaper
for the 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 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 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.
An applicant shall comply with the provisions
of this section whenever the applicant wishes to claim approval of
his or her application for development by reason of the failure of
a municipal agency to grant or deny approval within the time periods
specified in the Municipal Land Use Law and this chapter.
A. The applicant shall provide notice of the default
approval to the municipal agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development; but for purposes of determining who is entitled to
notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to Subdivision of N.J.S.A.
40:55D-12b. The applicant shall arrange publication of the notice
of the default in the official newspaper of the municipality, if there
is one, or in a newspaper of general circulation in the municipality.
B. The applicant shall file an affidavit of proof of
service and publication with the Secretary of the Planning Board or
Zoning Board of Adjustment, as the case may be.