[Amended 4-11-1995 by Ord. No. 3-95]
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.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and 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
in the rules of the Board.
[Amended 4-11-1995 by Ord. No. 3-95]
Fees for applications or for the rendering of
any service by the Planning Board or any member of their administrative
staffs which is not otherwise provided by ordinance may be provided
for and adopted as part of the rules of the Board, and copies of said
rules or of the separate fee schedule shall be available to the public.
[Amended 8-13-1991 by Ord. No. 7-91; 12-14-2010 by Ord. No. 15-10]
Public notice of a hearing on an application
for development shall be given by the applicant in accordance with
Subsections A through J of this section, except for minor subdivisions,
as defined by this chapter; minor site plans, as defined by this chapter;
and final approval of site plans and major subdivisions, and provided,
further, that public notice shall be given in the event that relief
is requested pursuant to Section 47 or Section 63 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-60 or 40:55D-76) as part of an application for
development otherwise excepted herein from public notice. The applicant
shall give public notice as follows:
A. 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.
B. Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Said notice shall be given
by serving a copy thereof on the owner as shown on the 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.
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 §
85-31B of this article 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 a 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. The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Section 6b of P.L.
1975, c. 291 (N.J.S.A. 40:55D-10b).
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 services with
the Board holding the hearing on the application for development.
H. Any notice made by certified mail as hereinabove required
shall be deemed 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, 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 as required by law.
J. Public notice as set forth above shall also be required for a required for a request that the Planning Board exercise its authority under §
85-23A(2) of this chapter and/or N.J.S.A. 40:55D-70(b) to hear and decide requests for interpretation of the Zoning Map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality 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 §
85-31B of this chapter.
[Amended 8-13-1991 by Ord. No. 7-91]
A. The Planning 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 Board
shall provide the findings and conclusions through:
[Amended 4-11-995 by Ord. No. 3-95]
(1) A resolution adopted at a meeting held within the
time period provided in this chapter for action by the Board on the
application for development; or
(2) A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Board voted to grant or deny approval. Only members of the 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 Section 5 of the Municipal
Land Use Act (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 on any such resolution shall be deemed to be a memorialization
of the action of the Board and not to be inaction of the 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 chapter. If the 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 agency to reduce its findings and conclusions
in writing within a stated time, and the cost of the application,
including attorneys' fees, shall be assessed against the municipality.
B. A copy of the decision shall be mailed by the Board
within 10 days of the 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 by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those fees established for copies of other public documents in
the municipality. A copy of the decision shall also be provided by
the Board to the Municipal Tax Assessor's office.
[Amended 4-11-995 by Ord. No. 3-95]
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 without separate
charge to the applicant. Said notice shall be sent to the official
newspaper for publication within 10 days of the date of any such decision.
Nothing contained in this section shall be construed as preventing
the applicant from arranging such publication if he so desires. 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 Borough or the applicant.
[Amended 4-11-1995 by Ord. No. 3-95]
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 shall be accompanied by proof that no tax assessment
for local improvements is due, 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 provisions
for the payment thereof in such manner that the municipality will
be adequately protected.
[Added 8-13-1991 by Ord. No. 7-91]
A. All applications for development must be submitted
on the forms supplied by the respective Board Secretary and shall
be accompanied by the fees required by this chapter.
B. An application for development shall be complete for
purposes of commencing the applicable time period for action by a
Board when so certified by the Board or its authorized committee or
designee. In the event that the Board, committee or designee does
not certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period for action by the Board, unless the application
lacks information indicated on a checklist adopted by ordinance and
provided to the applicant or the Board or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the Board or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of such additional information or any revision in the accompanying
documents so required by the Board.