The following provisions shall govern meetings:
A. 
Meetings of the Planning Board 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 to process.
[Amended 12-27-1995 by Ord. No. 22-1995]
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the Board's 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 N.J.S.A. 40:55D-1 et seq. 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; provided, however, that such Board member certifies in writing to the Board that he or she has read a transcript or listened to a recording of all of the hearings from which he or she was absent.
[Amended 12-28-2000 by Ord. No. 34-2000]
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 Meetings Law, c. 231, P.L. 1975.
[Amended 12-28-2000 by Ord. No. 34-2000]
A. 
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.
B. 
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense. Each transcript shall be certified in writing by the transcriber to be accurate.
[Amended 12-27-1995 by Ord. No. 22-1995]
Fees for applications to the Planning Board may be provided for by resolution of the governing body, and a copy of the resolution shall be available to the public.
The conduct of hearings shall be as follows:
A. 
The Planning Board 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.
[Amended 12-27-1995 by Ord. No. 22-1995]
B. 
The officer presiding at the hearing or such person as he 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 Municipal Investigations Law, c.38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
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 number of witnesses.
D. 
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographic, mechanical or electrical means. The Township shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense, provided that the charge for a transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified in writing by the transcriber to be accurate.
[Amended 12-28-2000 by Ord. No. 34-2000]
F. 
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 Municipal Building. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Added 12-28-2000 by Ord. No. 34-2000]
G. 
If an applicant desires a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable Board shall be entire and sole obligation of the applicant or appellant, whichever requests the transcript.
[Added 12-28-2000 by Ord. No. 34-2000]
[Amended 12-28-2000 by Ord. No. 34-2000]
A. 
Public notice of a hearing shall be given for the following applications for development:
(1) 
Any request for a variance;
(2) 
Any request for conditional use approval;
(3) 
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street;
(4) 
Any request for major or minor plan approval involving one or more of the aforesaid elements; and
(5) 
Any request for preliminary subdivision approval.
B. 
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49) and Subsection b of Section 40 of P.L. 1975, c.291 (N.J.S.A. 40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption requires public notice, and for any other applications for development, with the following exceptions: conventional site plan review pursuant to Section 34 of P.L. 1975, c.291 (N.J.S.A. 40:55D-46); minor subdivisions pursuant to Section 35 of P.L. 1975, c.291 (N.J.S.A. 40:55D-47); or final approval pursuant to Section 38 of P.L. 1975, c.291 (N.J.S.A. 40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to Subsection a of Section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70), and for requests for interpretation pursuant to Subsection b of Section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to Section 47 or 63 of P.L. 1975, c.291 (N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76) as part of an application for development otherwise excepted herein from public notice.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Secretary of the Planning Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a public 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 and necessary proof of notice shall be submitted to the Secretary at least two days prior to the hearing in question:
[Amended 12-27-1995 by Ord. No. 22-1995]
(1) 
By publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
(2) 
To all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing, which notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or their agent in charge of the property; or by mailing a copy thereof by certified mail to the property owner at the address as shown on said current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(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.
(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, which notice shall be given by personal service or certified mail.
(5) 
To the County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or the County Master Plan or adjoins other county land.
(6) 
To the Commissioner of the Department of Transportation when the property abuts a state highway.
(7) 
To the State Planning Commission when the hearing involves an application for 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 Board Secretary.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
To the corporate secretary of all public utilities and the general manager of all cable television companies which have registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, possess a right-of-way or easement within the municipality by personal service or certified mail.
(9) 
In addition to any notification requirement otherwise imposed under this section, an applicant seeking approval of a development which does not require notice, as provided in N.J.S.A. 40:55D-12, shall be required to provide public notice, by personal service or certified mail, to the corporate secretary of any public utility and the general manager of any cable television company that possess a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this section.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The applicant shall file an affidavit or proof of service with the Planning Board.
[Amended 12-27-1995 by Ord. No. 22-1995]
E. 
The notice shall state the date, time and place of the hearing and the nature of the matters to be considered, and 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 Municipal Tax Assessor's Office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
F. 
Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c.291 (N.J.S.A. 40:55D-89), shall be given at least 10 days prior to the hearing by the administrative officer to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the state within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the state within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.
(1) 
A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office.
(2) 
Notice shall be given by: serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the 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 boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
(4) 
The administrative officer shall execute affidavits of proof of service of the notices required by this section, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.
[Added 12-28-2000 by Ord. No. 34-2000]
Notice of the hearing on an amendment to Chapter 700, Zoning, proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c.291 (N.J.S.A. 40:55D-89), shall be given prior to adoption in accordance with the provisions of Section 2 of P.L., 1995, c.249 (N.J.S.A. 40:55D-62.1). A protest against any proposed amendment or revision of Chapter 700, Zoning, may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either: of the lots or land included in such proposed change; or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality, the Township Clerk, shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, 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 III, § 75-19, of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Decisions shall be made as follows:
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution 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 12-27-1995 by Ord. No. 22-1995]
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 such decision.
[Amended 12-27-1995 by Ord. No. 22-1995]
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 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 municipality will be adequately protected.[1]
[1]
Editor's Note: Original Ch. 75, Art. IV, Appeals, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).