The Board shall elect a Chair and Vice Chair
from their Class IV members and not from one of the alternates. The
Board shall select a Secretary, who may be a Borough employee and/or
an alternate member.
The Mayor and Borough Council shall make provisions
in their budget and appropriate funds for the expenses of the Board
deemed appropriate.
The Board shall adopt, and may amend, reasonable
rules and regulations, not inconsistent with this chapter, the Municipal
Land Use Law or with any applicable law, for the administration of
its functions, powers and duties. A copy of the rules shall be maintained
in the office of the Secretary of the Board, and shall be furnished
to any person upon request. A reasonable fee may be charged for providing
a copy of the rules.
The following provisions shall apply to the
meetings of the Board.
A. Schedule of meetings; special meetings.
(1) The Board shall by its rules fix the time and place
for holding its regular meetings. Regular meetings of the Board shall
be scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
The schedule of meetings shall be filed with the Borough Clerk, posted
upon the Borough bulletin board, and sent to two newspapers with circulation
in the Borough, one which shall be the official newspaper of the Borough.
(2) The Board may provide for special meetings, at the
call of the Chair, or at the request of any two of its members.
B. Meetings open to public; executive sessions.
(1) All regular meetings and special meetings shall be
open to the public except to the extent that the public may be excluded
from any such meeting or portion thereof in accordance with requirements
of the Open Public Meetings Act.
(2) Meetings shall be held on notice to the Board members
and the public in accordance with this chapter and the Open Public
Meetings Act.
(3) Executive sessions within the meaning of the Open
Public Meetings Act and for the purpose of that Act are permitted.
(4) The "executive sessions", as set forth in N.J.S.A.
40:55D-9(b) for the purpose of discussing and studying any matters
to come before the Board, shall take place at an agenda meeting and
shall be open to the public.
(5) No formal action can be taken in an executive or agenda
session unless formal notice has been given in accordance with the
Open Public Meetings Act.
C. Quorum; conflict of interest. No action shall be taken
at any meeting without a quorum being present. No regular, alternate
or temporary member shall be permitted to act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest.
D. Majority vote required. All actions shall be taken
by a majority vote of the members of the Board present at the meeting,
except as otherwise provided by this chapter and the Municipal Land
Use Law. For actions requiring an affirmative vote of five or more,
see N.J.S.A. 40:55D-70.
E. Participation of alternate members. Alternate members
may participate in all matters but may not vote except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1, No. 2, No. 3 and
No. 4 shall vote in that order. Participation of alternate members
shall not be deemed to increase the size of the Board established
by this chapter.
F. Minutes.
(1) Minutes of every meeting of the Board shall be kept
and shall include the names of the persons appearing and addressing
the Board and of the person appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor,
and any other resolutions or business to come before the Board. The
minutes shall thereafter be available for public inspection during
normal business hours in the administrative offices of the Borough
after their approval by the Board.
(2) 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 reasonable fee for reproduction of the minutes for
his or her use. All actions taken by the Board shall require a formal
written resolution of memorialization which shall be part of the minutes
of that meeting.
(3) A copy of all minutes shall be filed at the Fanwood
Memorial Library to facilitate public inspection during those hours
when the Fanwood Borough Hall is closed.
G. Transcripts of hearings. Pursuant to the Municipal
Land Use Law, the Board shall provide one of the following for each
hearing:
(1) An electronic recording of the hearing and any discussions
relating to the application leading to a decision by the Board. This
recording shall be reduced to typewritten form.
(2) A stenographic court reporter who shall transcribe
verbatim the hearing and any discussion relating to the application
leading to a decision by the Board. This transcript shall not be reduced
to typewritten form unless requested. The cost of producing the transcript
to typewritten form shall be borne by the applicant and shall be ordered
directly from the court reporter and the cost paid directly to the
court reporter.
Any power expressly authorized by this chapter
or the Municipal Land Use Law to the Board shall not be exercised
by any other body, except as otherwise provided by the Municipal Land
Use Law.
[Amended 6-7-2010 by Ord. No. 10-06R]
There is hereby established the office of the
Zoning Officer. The Zoning Officer shall serve a term of two years
from January 1 from the year in which he/she is appointed and shall
also serve as the Administrative Officer. The duties of the Zoning
Officer shall be as follows:
A. To provide advice and counsel regarding the procedures
and standards in this chapter to:
(1) Applicants for approvals required pursuant to this
chapter, the Board, other agencies of the Borough and other interested
parties, as may be requested by said applicants, boards, agencies
or parties;
B. To review applications for construction permits, zoning
approvals, subdivisions, site plans and variances for compliance with
the provisions of this chapter and, in appropriate circumstances as
specified by this chapter, to issue or deny zoning approvals;
C. To coordinate the processing of development applications
for the Board;
D. To investigate any alleged violation of this chapter
coming to his or her attention, including but not limited to the express
provisions of this chapter and any terms and conditions of approval
granted pursuant to this chapter by the Board, whether knowledge of
such alleged violation is by complaint of third persons or from his
or her own personal knowledge or observation;
E. To proceed with the enforcement of this chapter and the penalties provided for in Article
XXI. The Zoning Officer may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him or her; and
F. To maintain the official records of his/her office.
G. To review, in accordance with Article
X of this chapter, all applications submitted to the Board for completeness and to certify such applications as complete prior to the placing of an application on the agenda for the Board's agenda meeting. In the event an application is not complete, it shall be returned to the applicant with a statement of the reasons it has been determined to be incomplete.