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]
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]
(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]
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.
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]
