No member of the Planning Board shall act on
any matter in which he or she has either directly or indirectly any
personal or financial interest. Whenever any such member shall disqualify
himself or herself from acting on a particular matter, he or she shall
not continue to sit with the Board on the hearing of such matter,
nor participate in any discussion or decision relating thereto.
Fees and documents for application or for the
rendering of any service by the Planning Board, or any member of its
administrative staff, which is not otherwise provided for by this
chapter, may be provided for and adopted as part of the rules of the
Planning Board. Copies of said rules shall be available to the public.
[Amended 11-10-1988 by Ord. No. 88-10]
A. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission, by
e-mail, regular mail or delivery of the same, to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
[Amended 11-8-2018 by Ord. No. 2018-8]
(1) The name and address of the applicant;
(2) The application number of the certificate of filing issued
by the Pinelands Commission and the date on which it was issued;
(3) The date, time and location of the meeting, hearing or
other formal proceeding;
(4) The name of the approval agency or representative thereof
that will be conducting the meeting, hearing or other formal proceeding;
(5) Any written reports or comments received by the approval
agency on the application for development that have not been submitted
previously to the Commission; and
(6) The purpose for which the meeting, hearing or other formal
proceeding is to be held.
B. The Pinelands Commission may participate in any hearing
held in the Borough involving the development of land, pursuant to
N.J.A.C. 7:50-4.36 of the Pinelands Comprehensive Management Plan.
C. Notices of changes in any application shall be made to the Pinelands Commission in accordance with §
285-8 of this chapter.
Whenever public notice of a hearing is required
on an application for development, pursuant to N.J.S.A. 40:55D-10
et seq., and this chapter, the applicant shall give notice thereof
as follows:
A. Public notice shall be given by publication in the
official newspaper of the Borough at least 10 days prior to the date
of the scheduled hearing.
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 to
such hearing, whether located within or without the Borough. Such
notice shall be given by: 1) serving a copy thereof on the owner as
shown on said tax duplicate, or his agent in charge of the property;
or 2) mailing a copy thereof by certified mail to the property owner
at his address, as shown on the 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, vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
C. Notice of all hearings on an application for development involving property located within 200 feet of an adjoining municipality shall be given by personal service, or by certified mail, to the clerk of said municipality; this notice shall be in addition to the notice required under §
285-27B.
D. Notice shall be given by personal service, or by certified
mail, to the County Planning Board of all hearings 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.
E. Notice shall be given by personal service, or by certified
mail, to the Commissioners 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 by 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 Borough Clerk, pursuant to Section 6b of C.
291, Laws of N.J. 1975.
G. All notices, hereinabove specified in this section,
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 Planning Board.
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; describe specified exceptions sought to the design and performance
standards of this chapter, if applicable; the nature of the matters
to be considered; identification of the property proposed for development,
by street address, if any, or by reference to lot and block numbers
as shown on the tax duplicate; and the location and times at which
any maps and documents for which approval is sought are available
for inspection.
Pursuant to the provision of N.J.S.A. 40:55D-12c, the Borough 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 given notice, pursuant to §
285-27B.
A brief notice of every final decision shall
be published in the official newspaper of the Borough. Such publication
shall be arranged promptly by the applicant. The ten-day period of
time in which an appeal of the decision may be made shall run from
the first day of publication of the decision.
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 the application.
The Borough Clerk shall file with the County
Planning Board and the Pinelands Commission, as soon after passage
as possible, all development regulations, including this chapter and
any amendments or revisions thereto, and file and maintain for public
inspection copies of said regulations, ordinances, and amendments
in the office of the Borough Clerk.