[Amended 10-15-1997 by Ord. No. 97-17]
No member of the Planning Board shall 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 participate in any discussion
or decision relating thereto.
A.
Meetings of both the Planning Board shall be scheduled
no less often than once a month, and any meeting so scheduled shall
be held as scheduled unless canceled for lack of applications for
development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by majority vote of the
members present except as required by the New Jersey Municipal Land
Use Law in the case of building permits in the bed of mapped streets
(N.J.S.A. 40:55D-34), Planning Board referrals (N.J.S.A. 40:55D-26b)
and use variances (N.J.S.A. 40:55D-70b).
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Ch. 231, Laws of New Jersey 1975.[1] 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 in accordance with the provisions of
N.J.S.A. 40:55D-9b.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the person 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
Municipal 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 use as
provided for on the rules of the Board.
Every municipal agency shall adopt and may amend
reasonable rules and regulations, not inconsistent with this chapter
or with any applicable ordinance, for the administration of its function,
powers and duties and governing any required public hearings. Said
agency 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.
Fees for applications or for the rendering of
any service by the Planning Board or any member of their administrative
staffs shall be as herein provided or as otherwise provided by ordinance.
A.
The municipal agency shall hold a hearing on each
application for development and on the adoption, revision or amendment
of the Master Plan.
B.
The municipal agency shall make the rules governing
such hearings. 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 Administrative Officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
C.
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, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
D.
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, 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 time and number of witnesses.
E.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
Record of proceedings; transcripts.
(1)
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The municipal agency shall furnish a transcript
or duplicate recording in lieu thereof on request to any interested
party at his expense, provided that the governing body may provide
by ordinance for the municipality to assume the expense of any transcripts
necessary for appeal to the governing body, pursuant to Section 8
of this Act,[1] of decisions pursuant to Section 57d of this Act,[2] up to a maximum amount as specified by the ordinance.
(2)
The municipal agency, in furnishing a transcript of
the proceedings to an interested party at his expense, shall not charge
such interested party more than the maximum permitted in N.J.S.A.
2A:11-15.[3] Said transcript shall be certified in writing by the transcriber
to be accurate.
[3]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 119.
G.
Written decisions.
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of facts and conclusions based thereon.
(2)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(3)
The municipal agency may provide such written decision
and findings and conclusions either on the date of the meeting at
which the municipal agency takes action to grant or deny approval
or, if the meeting at which such action is taken occurs within the
final 45 days of the applicable time period for rendering a decision
on the application for development, within 45 days of such meeting
by the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision of the application.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other members shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency; except that
failure to adopt such a resolution with the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
H.
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant or,
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency in
the office of the Administrative Officer. The Administrative Officer
shall make a copy of such filed decision available to any interested
party for a reasonable fee and available for public inspection at
his office during reasonable hours.
I.
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant unless a particular municipal officer
is so designated by ordinance, provided that nothing contained in
this Act shall be construed as preventing the applicant from arranging
such publication if he so desires. The municipality may make a reasonable
charge for its publication. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision, whether arranged by the municipality or the applicant.
A.
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:
(1)
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing. 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, 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 Municipal Tax Assessor's office, and the location
and times at which any maps and documents for which approval is sought
are available, pursuant to the requirements of N.J.S.A. 40:55D-11.
(2)
Service of notice.
(a)
Notice shall be given to the owners of all real
property as shown on the current tax duplicate or duplicates located
in the state and within 200 feet in all directions of the outbound
property lines of the property which is the subject of such hearing,
provided that this notice 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 to the horizontal property
regime in the case of any co-owner whose apartment has an apartment
above or below it. Such notice shall be given by:
[1]
Serving a copy thereof on the owner as shown
on said current tax duplicate or his agent in charge of the property.
[2]
Mailing a copy thereof by certified mail to
the property owner at this address as shown on said current tax duplicate.
Return receipts shall be submitted to the Administrative Officer prior
to the hearing.
(b)
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.
Notice to a partnership owner may be made by service upon any partner.
(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) hereof 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 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.
(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 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 Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
B.
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.
C.
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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor 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 § 15-26A(2) of this chapter. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list. Said fist of property owners shall also be received from the Tax Assessor of the adjoining municipality per § 15-26A(4).
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board which shall include
findings of fact and conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or, if represented,
then to his attorney, without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed for such service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make it available for public inspection during reasonable hours and
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
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 Act
and municipal development regulations, and if such application for
development complies with municipal development regulations, the municipal
agency shall approve such application conditioned on 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 municipality shall make
a decision on any application for development within the time period
provided in this Act or within such 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.
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 Act or under any act repealed by this Act, as the case may be
suspended for the period of time said legal action is pending or such
directive or order is in effect.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board, as the case
may be, at the expense of the applicant. Said notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision. The period of time during which an appeal of
the decision may be made shall run from the first publication of the
decision, whether arranged by the municipal agency or the applicant.
Pursuant to the provisions of N.J.S.A. 40:55D-39e,
every subdivision or site plan application submitted to the Planning
Board 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 said 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 municipality will be adequately
protected.
