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
Township Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceedings
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. The Board Secretary shall
distribute copies of the minutes to each Board member and professional
staff member within two weeks following the meeting.
Public notice of a hearing shall be given for an extension of approvals for five or more years under Subsection d of N.J.S.A. 40:55D-49 and Subsection b of 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 required public notice; for appeals of determinations of an administrative officer pursuant to Subsection a of N.J.S.A. 40:55D-70; for requests for interpretation of the
Zoning Map or ordinance pursuant to Subsection b of N.J.S.A. 40:55D-70; application for a certificate certifying that a use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming pursuant to N.J.S.A. 40:55D-68; for any relief requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice; and for any other applications for development with the following exceptions: minor subdivisions pursuant to N.J.S.A. 40:55D-47; minor site plan review pursuant to N.J.S.A. 40:55D-46; or final approval pursuant to N.J.S.A. 40:55D-50. The applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
B. Notice to owners.
(1) 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 Township in
which the applicant's land is located. Such notice shall be given
by:
(a)
Serving a copy thereof on the owner as shown
on the current tax duplicate or his agent in charge of the property.
(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 shall not be required.
(2) Notice to a partnership owner may be made by serving
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.
(a)
Public notice shall be given by publication
in the official newspaper of the Township at least 10 days prior to
the date of the hearing.
(b)
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 (1) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(c)
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.
(d)
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.
(e)
Notice shall be given by personal service or
certified mail to the State Planning Commissioner 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 Township Clerk pursuant
to N.J.S.A. 40:55D-10b.
(f)
In connection with an application for a major
subdivision or a site plan not defined as a minor site plan under
the Municipal Land Use Law, pursuant to the provisions of N.J.S.A.
40:55D-12, notice shall be given by personal service or certified
mail to the corporate secretary of all public utilities and the general
manager of all cable televisions companies that own land or any facility
or that possess a right-of-way or easement within 200 feet in all
directions of the property which is the subject of such hearing. An
applicant seeking approval of a development which does not require
notice shall be required to provide 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 possesses
a right-of-way or easement situated within the property limits of
the property which is the subject of the application for development.
(g)
All notices hereinabove specified in this subsection
shall be given at least 10 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 mail as hereinabove
required shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
(i)
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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township 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 §
240-35B.
A brief notice of every final decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Such notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Pursuant to 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 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 such
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 Township shall be adequately protected.
An applicant shall comply with the provisions
of this section whenever the applicant wishes to claim approval of
his application for development by reason of the failure of a municipal
agency to grant or deny approval within the time periods specified
in the Municipal Land Use Law and this chapter.
A. The applicant shall provide notice of the default
approval to the municipal agency and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development, but, for purposes of determining who is entitled
to notice, the hearing on the application for development shall be
deemed to have required public notice pursuant to Subsection a of
N.J.S.A. 40:55D-12. The applicant shall arrange publication of the
notice of the default in the official newspaper of the municipality,
if there be one, or in the newspaper of general circulation in the
municipality.
B. The applicant shall file an affidavit of proof of
service and publication with the Secretary of the Planning Board or
Zoning Board of Adjustment as the case may be.
An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of the zoning ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in §
240-25 and in accordance with the provisions of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-69 et seq. The appellant shall give notice of such appeal in accordance with the provisions of §
240-35.
A corporation or partnership applying to either
Board for permission to subdivide a parcel of land into six or more
lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units, or for approval of a site to be used for
commercial purposes shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
If a corporation or partnership owns 10% or more of the stock of the corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to §
240-46, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established hereinabove, have been listed.
An application of any corporation or partnership
which does not comply with Sections 512 and 523, shall not be approved by the respective Board. Any corporation
or partnership which conceals the names of the stockholders owning
10% or more of its stock, or of the individual partners owning a 10%
or greater interest in the partnership, as the case may be, shall
be subject to a fine of $1,000 to $10,000 which shall be recovered
in the name of the Township in any court of record in the state in
a summary manner pursuant to the penalty enforcement law, N.J.S.A.
2A:58-1 et seq.