No member of the Land Use Board shall act on any matter in which
such member has either directly or indirectly any personal or financial
interest. Whenever any such member shall disqualify himself/herself
from acting on a particular matter, he/she shall so state for the
record, not sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
Minutes of every regular or special meeting shall be kept and
shall include proofs of notice and service, 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 Secretary of the Board. 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 his/her
use, as provided for in the rules of the Board.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development submitted to the Land Use 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 such 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Construction Official shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee in accordance with the schedule set forth in Chapter
146, Fee Schedule, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice.
[Amended 6-14-2011 by Ord. No. 05-2011]
A 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 Land Use Board without separate charge to the applicant. Such
notice shall be sent to the official newspaper for publication within
10 days of the date of memorialization of any such decision.
An appeal from any final decision of the Land Use Board may
only be taken to the Superior Court of New Jersey.