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.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment 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 meeting
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 a quorum
except as otherwise required by any provision of P.L. 1975, c. 291.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all meetings shall be given in accordance
with the requirements of the Open Public Meetings Law, P.L. 1975,
c. 231, N.J.S.A. 10:4-6 et seq.
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.
[Amended 7-20-1981 by Ord. No. 29-81; 12-17-1984 by Ord. No. 34-84]
A.
Fees and deposits for variance applications or the
rendering of any service by the Planning Board or Zoning Board of
Adjustment, which is not otherwise provided by ordinance, shall be
as follows:
[Amended 7-20-1992 by Ord. No. 12-92]
B.
Tabulation and appeal of review fees.
[Amended 7-21-1986 by Ord. No. 23-86; 2-19-1996 by Ord. No. 4-96]
(1)
The Chief Financial Officer shall tabulate the costs
of the Engineer, Planner and Attorneys, their staffs and any outside
consultants required when an application is of a nature beyond the
scope of the expertise of the professionals normally utilized by the
Township, for a proper review and documentation pursuant to vouchers
submitted by the professionals, identifying the personnel performing
the service, and stating the date the services were performed, the
hours spent to one-fourth-hour increments, the hourly rate and the
expenses incurred. All charges and fees shall be established by resolution
of the governing body. Expenses shall be actual out-of-pocket expenses
of any such professionals or consultants, including normal and typical
expenses incurred in processing applications. Vouchers shall be submitted
monthly to the Chief Financial Officer with a copy to the developer.
These costs shall be deducted from the engineering/planning/legal
review fee escrow deposit and paid to the professionals by the Chief
Financial Officer. Where the reasonable and necessary review costs
exceed or are anticipated to exceed the review fee deposit, the developer
shall pay the additional amount prior to the signing of any plat or
certificate of occupancy. Failure to remit the additional required
deposit within 15 days of the request shall render the application
incomplete, and no further proceedings or action shall be taken by
the Planning Board/Zoning Board of Adjustment until after compliance.
(2)
The Chief Financial Officer shall prepare and send
to the developer a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements and the
cumulative balance of the escrow account. This statement shall be
provided quarterly if the monthly charges are $1,000 or less, or monthly
if the monthly charges exceed $1,000.
(3)
After the final plat or certificate of occupancy has
been signed, the developer shall send written notice, by certified
mail, to the Chief Financial Officer, the Planning Board/Zoning Board
of Adjustment, the Township Engineer and other relevant professional
that the application is completed. After receipt of such notice, the
Engineer and/or other professional shall submit a final voucher to
the Chief Financial Officer within 30 days with a copy to the developer.
The Chief Financial Officer shall render a written final accounting
to the developer on the status of the escrow within 45 days of receipt
of the final bill, together with any balance remaining in the account,
including interest in accordance with N.J.S.A. 40:55D-53.1.
(4)
Within 15 days of the tabulation of review costs and
notification of the developer by the Chief Financial Officer, the
developer shall have the right to appeal said tabulation by so notifying
the Township Committee, in writing, with copies to the Chief Financial
Officer, the Planning Board/Zoning Board of Adjustment and any relevant
professional, provided that any additional fees or amounts required
by the Planning Board/Zoning Board of Adjustment to be paid prior
to the signing of any plat or certificate of occupancy must be paid
by the developer prior to the bringing of any such appeal. Upon receipt
of any such appeal, the Planning Board/Zoning Board of Adjustment
shall review the same and make a recommendation thereon to the Township
Committee within 45 days. The Township Committee shall then decide
the proper review fee to be charged, based upon information provided
by both the developer and the Planning Board/Zoning Board of Adjustment.
If the matter is not resolved to the satisfaction of the developer,
the developer may appeal to the County Construction Board of Appeals,
established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge
to an escrow account or a deposit by any municipal professional or
consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2.
C.
Simultaneous applications. If two or more applications
are submitted for the same development, e.g., use variance and minor
subdivision, the fee to be paid will be the sum of such fees as set
forth in the applicable section of the Township ordinances. The deposit
required shall be the highest of the review deposits established by
the applicable section of the Township ordinances.
D.
Miscellaneous fees.
[Added 12-16-2002 by Ord. No. 44-02]
(1)
A fee of $50 shall be payable for a letter or certification
from any municipal official, required pursuant to a statute or regulation
of the State of New Jersey or other governmental agency, or requested
by any individual with regard to the status of a development approval.
A.
Rules. The Planning Board and Zoning Board of Adjustment
shall make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have the 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. 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.
C.
Testimony. 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 the number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
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.
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 legal 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 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 established for copies of other public documents in the municipality.
[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.
