No member of the Planning Board or Zoning Board
of Adjustment 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.
The 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
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 the reproduction of the minutes for his use
as provided for in the rules of the Board.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant
to the determination of the municipal agency in question, the applicant
shall give notice thereof 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 applicant's land is located. Such notice shall be given by
serving a copy thereof on the 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 or registered 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 Subsection
B of this section 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 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 Section 6b of P.L.
1975, c. 291.
G. All notices hereinabove specified in this section
shall be given at least ten 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 or registered 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 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 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. Notice and public hearing shall not be required for
minor subdivisions unless relief is requested pursuant to N.J.S.A.
40:55D-60.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Clerk 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 application is required to give notice pursuant to §
111-32B.
[Amended 10-20-1980 by Ord. No. 44-80]
A. A brief notice of every final decision shall be published
in the official newspaper of the municipality.
B. In all Planning Board applications, such publication
shall be arranged by the applicant and paid for by the applicant within
10 days of said decision.
C. In all Zoning Board of Adjustment applications, such
publication shall be arranged by the applicant and paid for by the
applicant within 10 days of said decision.
[Amended 7-15-1985 by Ord. No. 27-85]
D. Nothing contained herein shall be construed as preventing
the Planning Board from arranging such publication if it so decides,
in which case it shall charge the applicant $10, plus the costs of
publication.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 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 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 a manner that the municipality will be adequately
protected.