A.
Meetings of both the Planning Board and Board of Adjustment
shall be scheduled no less often than once a month and shall be held
as scheduled unless canceled for lack of pending applications. Both
Boards may have discretion to eliminate one meeting during one summer
month.
B.
Special meetings may be held at the call of the Chair
or at the request of any two Board members. The members of the respective
Board and the public shall be given notice of such meeting in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present, said quorum to be the majority of the full authorized
membership of the respective Board.
D.
All actions shall be taken by majority vote of the
members of the respective Board present at the meeting except as otherwise
required by a provision of N.J.S.A. 40:55D-70. A member of the Board
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on a matter upon which the hearing
was conducted, notwithstanding the absence from one or more of the
meetings; provided, however, that a transcript or recording of all
of the hearing from which he/she was absent exists, and provided,
further, that such Board member certifies in writing to the Board
that he/she has read such transcript or listened to such recording.
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 Meeting Law,
the Laws of New Jersey 1975, c. 231 (N.J.S.A. 10:4-6 et seq.).
F.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the municipal board and of the persons appearing by attorney, the
action taken by the municipal 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 administrative officer. Any interested party shall have the right
to compel production of the minutes for use or evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his or her use.
G.
At least once a year, each Board shall review the
minutes of all closed meetings held in conformance with the Open Public
Meeting Law (N.J.S.A. 10:4-6 et seq.) to determine whether the minutes
may be made public.
A.
The Planning Board or Board of Adjustment shall hold
a hearing on each application for development or on the adoption,
revision or amendment of the Master Plan. Each Board shall make the
rules governing such hearings.
B.
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,
clarify or supplement the previously filed maps and documents.
C.
Payment of taxes. 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 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 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 Borough will be adequately protected.
D.
The officer presiding at the hearings or such person
as he/she 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 Municipality
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.),
shall apply.
E.
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer or attorney for the Board, 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.
F.
Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
G.
The municipal board shall provide for the verbatim
recording of the proceedings by either a stenographer or mechanical
or electronic means. The municipal board shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his/her expense; provided that the Borough Council may provide
by ordinance for the municipality to assume the expense of any transcripts
necessary for appeal to the Borough Council pursuant to N.J.S.A. 40:55D-17
of decisions by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d
up to a maximum amount as specified by the ordinance.
H.
Decisions.
(1)
The municipal board shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in the act for action by the municipal board
on the application for development; or
(b)
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the municipal board voted to grant or deny approval. Only the members
of the municipal board who voted for the action taken may vote on
the memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. An action pursuant to
N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve
an application, shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
of any such resolution shall be deemed to be a memorialization of
the action of the municipal board and not to be an action of the municipal
board; however, the date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings and
publications required by this section. If the municipal board fails
to adopt a resolution or memorializing resolution as hereinabove specified,
any interested party may apply to the Superior Court in a summary
manner for an order compelling the municipal board to reduce its findings
and conclusions to writing within a stated time and the cost of the
application, including attorney's fees, shall be assessed against
the municipality.
(2)
A copy of the decision shall be mailed by the municipal
board within 10 days of the date of decision to the applicant or if
represented then to his/her 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 board 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/her office during reasonable hours.
(3)
A brief notice of the decision shall be published
in the official newspaper of the municipality. Such publication shall
be arranged by the Secretary of the Planning Board or Zoning Board
of Adjustment as the case may be, provided that nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if applicant 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.
Public notice of a hearing shall be given by the applicant
for the following applications for development:
(1)
An application for preliminary approval of a major
subdivision.
(2)
An application which requires a variance, direction
for issuance of a permit or involves a conditional use, whether before
the Planning Board or Board of Adjustment.
(3)
An application for preliminary approval of a site
plan except where, in the opinion of the Planning Board, the proposed
development is of a minor nature and located a considerable distance
from the perimeter lot boundary lines, then the Planning Board may
waive the requirement for public notice to all owners within 200 feet
of the property.
(4)
Any request for approval of a planned development.
B.
The Secretary of the Planning Board or Board of Adjustment,
as the case may be, shall notify the applicant at least two weeks
prior to the public hearing at which the application will be discussed.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
(1)
By publication in the official newspaper of the Borough.
(2)
To all owners of real property as shown on the current
tax duplicate, located in the state and within 200 feet in all directions
of the property which is the subject of such hearing, 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 serving a copy thereof on the property owner as shown on
said current tax duplicate or their agent in charge of the property
or mailing a copy thereof by certified mail to the property owner
at their address as shown on said current tax duplicate.
(3)
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.
(4)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities. Notice shall be given by personal
service or certified mail.
(5)
To the Bergen County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary. Notice shall be given by personal service
or certified mail.
(6)
To the Commissioner of Transportation of the State
of New Jersey when the property abuts a state highway. Notice shall
be given by personal service or certified mail.
(7)
To the State Planning Commission when the hearing
involves an application for the development of property which exceeds
150 acres or 500 dwelling units, in which case the notice shall include
a copy of any maps or documents required to be on file with the administrative
officer. Notice shall be given by personal service or certified mail.
(8)
To a public utility, cable television company or local
utility which possesses a right-of-way or easement within the municipality
and which has registered with the municipality in accordance with
N.J.S.A. 40:55D-12.1 by 1) 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 2) mailing a
copy thereof by certified mail to the person whose name appears on
the registration form at the address shown on that form.
C.
Upon the written request of an applicant, the Borough
Tax Assessor shall, within seven days, make and certify a list from
current tax duplicates of names and addresses of owners within the
Borough to whom the applicant is required to give notice. Failure
to give notice to any lot owner not on the list obtained in such manner
shall not invalidate any hearing or proceeding. A sum, not to exceed
the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for
such list.
D.
The applicant shall be responsible for giving proper
notice to all property owners.
E.
The applicant shall file an affidavit of proof of
service with the Planning Board or Board of Adjustment, as the case
may be, at least five days prior to the scheduled meeting.
F.
The notice shall state the date, time and place of
the hearing and the nature of the matters to be discussed, including
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 Borough Tax Assessor's office;
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
A.
In the event that an applicant submits an application
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 Planning Board or Board of Adjustment shall process such application
in accordance with this chapter, and if such application complies
with all Borough regulations, the Planning Board or Board of Adjustment
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that, during the period of approval heretofore
or hereafter granted to an application, 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 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 section shall be suspended for
the period of time said legal action is pending or such directive
or order is in effect.
C.
In the event that development proposed by an application
requires an approval by a governmental agency other than the Planning
Board or Board of Adjustment, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency. The Board shall make a decision on any application 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 Planning
Board is prevented or relieved from so acting by the operation of
law.
The Board and an applicant may mutually agree
to extend the time limit specified for action. Such extension shall
be made in writing or verbally at a public meeting of the Board for
a specific period of time and indicated in the minutes of the meeting.
[Amended 8-13-2009 by Ord. No. 2032]
Any variance from the terms of this chapter
hereafter granted by either board permitting the erection or alteration
of any structure or structures or permitting a specified use of any
premises shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance, or unless such permitted use has actually been commenced,
within one year from the date of publication of the notice of the
judgment or determination of the board; except, however, that the
running of the period of limitation herein provided shall be tolled
from the date of filing an appeal from the decision of the board to
the governing body or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
A.
If a public utility, as defined in N.J.S.A. 48:2-13,
is aggrieved by the action of a municipal board through said agency's
exercise of its powers under this act,[1] with respect to any action in which the public utility
has an interest, an appeal to the Board of Public Utility Commissioners
of the State of New Jersey may be taken within 35 days after such
action without appeal to the municipal governing body pursuant to
N.J.S.A. 40:55D-17 unless such public utility so chooses. In such
case appeal to the Public Utility Commissioners may be taken within
35 days after action by the governing body. A hearing on the appeal
of a public utility to the Public Utility Commissioners shall be had
on notice to the agency from which the appeal is taken and to all
parties primarily concerned, all of whom shall be afforded an opportunity
to be heard. If, after such hearing, the Board of Public Utility Commissioners
shall find that the present or proposed use by the public utility
of the land described in the petition is necessary for the service,
convenience or welfare of the public, the public utility may proceed
in accordance with such decision of the Board of Public Utility Commissioners,
any ordinance or regulation made under the authority of this act notwithstanding.
B.
This act or any ordinance or regulation made under
authority thereof, shall not apply to a development proposed by a
public utility for installation in more than one municipality for
the furnishing of service, if upon a petition of the public utility,
the Board of Public Utility Commissioners shall after hearing, of
which any municipalities affected shall have notice, decide the proposed
installation of the development in question is reasonably necessary
for the service, convenience or welfare of the public.
C.
Nothing in this act shall be construed to restrict
the right of any interested party to obtain a review of the action
of the municipal board or of the Board of Public Utility Commissioners
by any court of competent jurisdiction according to law.
A.
A corporation or partnership applying to the Planning
Board, the Board of Adjustment or the governing body for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more dwelling
units for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of
the stock of a corporation or interest of 10% or greater in a partnership,
either of which is subject to disclosure pursuant to N.J.S.A. 40:55D-48.2,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or interest of
10% or greater in the partnership, as the case may be; and this requirement
shall be followed by every corporate stockholder or partner in said
partnership until the names and addresses of the noncorporate stockholders
and individual partners exceeding the 10% ownership criterion act
have been listed.
D.
Any corporation or partnership which conceals the
names of the stockholders owning 10% or more of its stock or of the
individual partners owning an interest of 10% or greater in the partnership,
as the case may be, shall be subject to a fine of $1,000 to $10,000,
which shall be recovered in the name of the Borough of North Arlington
in any court of record in the state in a summary manner pursuant to
the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
