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 or 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 of the persons appearing by attorney,
the action taken by the Board and 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.
Fees for applications or for the rendering of
any services by the Planning Board or any member of its administrative
staff which are 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.
Notices of hearings shall be given for all applications
for development except minor subdivision approval and final subdivision
approval pursuant to N.J.S.A. 40:55D-12. Whenever a hearing is required
on an application for development pursuant to this section, the applicant
shall give notice thereof as follows:
A. Public notice shall be given by publication in the
official newspaper of the municipality, if there is one, or in a newspaper
of general circulation in 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, provided that this requirement shall be deemed satisfied
by notice to a condominium association, in the case of any unit owner
whose unit has a unit above or below it, or a horizontal property
regime, in the case of a co-owner whose apartment has an apartment
above or below it. Such notice shall be given by either serving a
copy thereof on the owner as shown on the said 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
the said current tax duplicate. 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.
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 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 filed with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
G. Notice shall be given by personal service or certified
mail of a hearing on an application of a major subdivision or a site
plan not defined as a minor site plan to a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and has registered with the municipality in
accordance with N.J.S.A. 40:55D-12.1.
H. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
I. 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.
J. 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.
K. Notice regarding Master Plan. The Planning Board shall
give:
(1) Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
(2) Notice by personal service or certified mail to the
clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of the Master Plan involving property situated within
200 feet of such adjoining municipality at least 10 days prior to
the date of any such hearing.
(3) Notice by personal service or certified mail to the
County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of the Master Plan at least 10 days prior to the date of the hearing;
such notice shall include a copy of any such proposed Master Plan
or any revision or amendment thereto; and
(b)
The adoption, revision or amendment of the Master
Plan, not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
L. Notice of hearing on ordinance or capital improvement
program. Notice of action on capital improvement or Official Map shall
be made as follows:
(1) Notice by personal service or certified mail shall
be made to the clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2) Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of the municipal capital improvement program
or Municipal Official Map not more than 30 days after the date of
such adoption, revision or amendment. Any notice provided hereunder
shall include a copy of the proposed development regulation, the Municipal
Official Map or the municipal capital program, or any proposed revision
or amendment thereto as the case may be.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Wharton 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 Article
IV, §
165-24B, of this chapter.
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.
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 shall be accompanied by proof that no taxes
or assessments for local improvements are 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, 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.