No member of the Planning Board or Zoning Board
of Adjustment 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 any discussion or decision relating thereto.
Minutes of every 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 Borough 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 in accordance with the fee schedule as per ordinance
and on file with the Borough Clerk.
[Amended 4-21-1980 by Ord. No. 314; 5-16-1988 by Ord. No.
396; 5-16-1988 by Ord. No. 397; 3-16-2009 by Ord. No. 638; 4-18-2011 by Ord. No. 658; 6-19-2012 by Ord. No. 672; ]
Fees shall be charged for services of the boards
or their administrative staffs; the amount of such fees shall be per
ordinance, which is on file with the Borough Clerk. The Fee Schedule
is on the Borough website.
A. Planning Board.
(1) Minimum escrow deposits for legal services (unused
portion refundable) for the following items are provided in the Borough-maintained
Fee Schedule.
(2) Minimum escrow deposits for engineering services (unused
portion refundable) for the following items are provided in the Borough-maintained
Fee Schedule.
(3) Escrow fees for legal and engineering services are
subject to increase during the course of the application process in
the event that services rendered in connection with said application
exceed those amounts originally deposited.
(4) Separate checks must be submitted for application
fees and escrow deposits and made payable to the Borough of Harrington
Park.
B. The Planning Board and/or the Zoning Board of Adjustment
may exempt according to uniform standards charitable, philanthropic,
fraternal and religious nonprofit organizations holding a tax-exempt
status under the Federal Internal Revenue Code of 1954 [26 U.S.C.
§ 501(c) or (d)] from the payment of any fee charged under
this section.
Whenever a hearing is required on an application
for development pursuant to this chapter, the applicant shall give
notice thereof as follows, unless otherwise provided:
A. Public notice shall be given by publication in one
of the official newspapers of the municipality at least 10 days prior
to the date of the hearing.
[Amended 5-16-1988 by Ord. No. 395]
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 the (i) condominium association in the case of any unit
owner whose unit has a unit above or below it; or (ii) horizontal
property regime in the case of any co-owner whose apartment has an
apartment above or below it and whether located within or without
the municipality in which applicant's land is located. Such notice
shall be given by serving a copy thereof on the owner as shown on
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 said current tax duplicate. A return receipt
is not required. 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 property which is
the subject of the hearing may be made in the same manner as in a
corporation, without further notice to unit owners or homeowners on
account of such common elements or areas.
[Amended 5-16-1988 by Ord. No. 396]
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 as shown on the Official 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 State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Subsection b of
Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).
[Amended 5-16-1988 by Ord. No. 396]
G. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the hearing,
exclusive of the date of the 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 complete upon mailing.
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 the considered; the sections of this
chapter from which the applicant seeks any relief; 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.
[Amended 4-18-2011 by Ord. No. 658]
The Tax Collector or his designee shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $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 an applicant is required to give notice pursuant to §
202-30B.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Clerk of the Planning Board or Zoning Board
of Adjustment, as the case may be, 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.