[Amended 12-18-2000 by Ord. No. 00-19]
A. 
Pursuant to N.J.S.A. 40:55D-9, 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 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 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 the Municipal Land Use Law, the Open Public Meetings Law[1] or other applicable law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq. and 10:4-6 et seq.
E. 
The provisions of the Open Public Meetings Law, where applicable, shall be observed.
Pursuant to N.J.S.A. 40:55D-9c, 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 City 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 use as provided for in the rules of the Board.
A. 
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:
(1) 
Public notice shall be given by publications in the official newspaper of the City at least 10 days prior to the date of the hearing.
(2) 
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 City in which applicant's land is located. Such notice shall be given by:
(a) 
Serving a copy thereof on the owner shown on the said current tax duplicates or his agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.
(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) 
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.
(5) 
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 situated within 200 feet of a municipal boundary.
(6) 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing or an application for development of property adjacent to a state highway.
(7) 
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 City Clerk pursuant to N.J.S.A. 40:55D-10.
(8) 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the City and which has registered with the City in accordance with N.J.S.A. 40:55D-12.1, by:
(a) 
Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or
(b) 
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
B. 
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 for the development application. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.
C. 
Form of notice. Pursuant to N.J.S.A. 40:55D-11, all notices required to be given pursuant to the terms of this Part 2 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, and by reference to lot and block numbers as shown on the current tax duplicate in the City 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.
D. 
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the City Tax Assessor 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 this section. In addition, the Tax Assessor shall include on the list the names, addresses and positions of all those persons who, not less than seven days prior to the date on which the applicant, requested to receive notice pursuant to N.J.S.A. 40:55D-12.1.
A. 
Rules. In accordance with N.J.S.A. 40:55D-10, the Planning Board shall make rules governing the conduct of hearings before such body, 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, and the provisions of the County and Municipal Investigations Law (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 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. The Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense.
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 City 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 city.
C. 
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the city. Such publication shall be arranged by the Secretary of the Planning Board. The cost shall be charged to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
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 nor participate in further discussion or decision relating thereto.
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 the 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 City will be adequately protected.
A. 
The following fees shall be charged an applicant for review of an application by the Planning Board. Every application for development shall be accompanied by check(s) payable to City of Salem in accordance with the following schedule of administrative escrow fees. Administrative fees and escrow fees shall be paid in separate checks.
[Amended 8-16-2021 by Ord. No. 21-08]
Administrative Fees
Escrow Deposits
Informal review
1 15-minute appearance
$100
$300
Any additional appearance
$200
$750
Subdivisions
Minor subdivision plat
$100
$1,000
Preliminary major subdivision plat
$500
$500, plus $150 per lot
Minimum deposit shall be $2,000
Final major subdivision plat
$500
$250, plus $75 per lot
Minimum deposit shall be $1,000
Amended minor, preliminary major and/or final major subdivision plat
$200
$1,000
Request for reapproval or extension of time
$300
$300, plus $25 per lot
Minimum deposit shall be $500
Site plans
Minor
$200
$2,000
Preliminary major site plan
$300
$500/acre or part thereof, plus $50 per dwelling unit in the case of multiple-family units and/or $0.10/gross square foot of building area in the case of nonresidential buildings, provided a minimum $4,000 shall be deposited
Final major site plan
$200
$250/acre or part thereof, plus $25 per unit in the case of multiple-family units and/or $0.05/gross square foot of building area in the case of nonresidential buildings, provided a minimum $2,000 shall be deposited
Amended minor, preliminary major and/or final major site plan
$200
$1,000
Request for reapproval or extension of time
$300
$300, plus $100 per acre or part thereof
Conditional uses (in addition to fees for required site plan or subdivision review)
$300
$100 per acre or part thereof, minimum deposit is $1,000
Variances
Use and others (N.J.S.A. 40:55D-70d)
$300
$2,000
Conditional use and bulk (N.J.S.A. 40:55D-70c)
$300
$500 first variance, plus $200 each additional variance
Hardship (N.J.S.A. 40:55D-70c)
$300
$500
Appeals and interpretations
$300
$1,000
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
$300
$1,000
Site plan waivers
$200
$500
B. 
Application and escrow fees.
[Amended 8-16-2021 by Ord. No. 21-08]
(1) 
The application fees and escrow fees received hereinabove are minimums which must accompany the application. An application shall not be deemed complete until the application fee and escrow fee required have been paid. The Planning Board shall exercise its discretion in establishing the figure required for the escrow fund in the event that the project will require more time for review than has been provided for by the figures received hereinabove or the project is of a nature that is not expressly included in one of the aforementioned categories.
(2) 
Application fees and escrow fees must be submitted in separate checks payable to Salem City.
C. 
All fees, unless otherwise specified, shall be paid by the applicant or appellant to the Secretary or Clerk of the municipal agency to which the application for appeal is being made at the same time as his application is submitted or his appeal is filed. Said fee shall then be turned over to the City Treasurer at the end of each month.