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
shall be participate in any discussion or decision relating thereto.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless canceled for lack of
applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to the Board's members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and the persons appearing by attorney; the action taken by the Board; the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal 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 for his use, as provided for in § 63-28.
Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs shall be provided by ordinance.
A.
Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq., or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the municipal agency in question, the applicant shall give notice
thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the 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 of such hearing,
and whether located within or without the municipality in which the
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 on 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.
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, which notice shall be in addition to the notice required to be given pursuant to § 63-30B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
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 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.
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
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 Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291.
(See now N.J.S.A. 40:55D-10b.)
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 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.
Form of notice. 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; 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.
J.
Notice concerning Master Plan. The Planning Board shall give:[1]
(1)
Public
notice of a hearing on adoption, revision or amendment of the Master
Plan. Such notice shall be given by publication in the official newspaper
of general circulation in the municipality at least 10 days prior
to the date of hearing.
(2)
Notice
by personal service or certified mail to the clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
(3)
Notice
by personal service or certified mail to the County Planning Board
of all hearings on the adoption, revision or amendment of the municipal
Master Plan at least 10 days prior to the date of the hearing; such
notice shall include a copy of any such proposed Master Plan or any
revision or amendment thereto. Of the adoption, revision or amendment
of the Master Plan not more than 30 days after the date of such adoption,
revision or amendment; such notice shall include a copy of the Master
Plan or revision or amendment thereto.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of the fee set forth in Chapter 235, Fees, Article I, Development Application Fee Schedule, 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 Article III, § 63-30B, of this chapter.
A.
Each decision on any application for development shall be set forth
in writing as a resolution of the board, which resolution shall include
findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the board within 10 days
of the date of decision to the applicant or, if represented, then
to his attorney without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the board for each service. A copy of the decision
shall also be filed in the office of the Municipal Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. 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. Said notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision. This
section shall not apply to any final decisions of the Planning Board
granting and/or denying a certificate of occupancy and/or site plan
waiver.
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
or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments are delinquent on said property which
is the subject of such application; or if it is shown that taxes or
assessments are delinquent on said 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 municipality
will be adequately protected.
[Added 1-21-1987 by Ord. No. 87-05]
A.
Any application for development or any other matter properly before
the Board of Adjustment or the Planning Board of the Borough of Lodi
for hearing which shall require more than six hours of hearing time
before such bodies is hereby designated as a "complex matter" for
purposes of this section.
B.
In any complex matter, the Board of Adjustment or the Planning Board
may employ the services of counsel, certified shorthand reporter or
the services of independent professional experts as shall be necessary
in order to properly and fairly consider and rule on such complex
matter. Such services shall include attendance at meetings and preparation
of reports, memoranda or the like concerning legal, engineering or
other disciplines, as the facts of the particular complex matter shall
require.
C.
Within 30 days of completion of hearing on any complex matter, the
certified shorthand reporter, attorney and any other professional
employed at the request of the Planning Board or Board of Adjustment
shall submit a voucher to the secretary of such board on approved
Borough of Lodi voucher form, delineating in detail the services rendered
and the fees or charges therefor, which voucher may include a claim
for reimbursement for all necessary expenses incurred in the performance
of such services. The secretary of such board shall include such voucher
for consideration by the entire board at the next regular meeting
of such board more than 10 days following receipt of such voucher.
D.
Upon approval of such voucher by the majority vote of the entire
membership of such board, the president of such board shall by his
signature approve such voucher for payment and the secretary of such
board shall deliver such voucher to the Treasurer of the Department
of Finance. The Treasurer of the Department of Finance shall forthwith
mail to the applicant(s) a statement assessing such charges as contained
on such vouchers to such applicant(s) and demanding payment thereof
within 30 days of receipt. Such statement shall include copies of
all vouchers forming the basis for such assessment and shall include
a notification that, upon failure of the applicant to pay such assessment
within 30 days, the amount of such assessment shall become a tax lien
on the property or properties which were the subject of the application.[1]
E.
Upon the failure of such applicant(s) to fully pay any such assessment
in the time limit specified, the Treasurer of the Department of Finance
shall certify the balance due on such assessment to the Tax Collector,
who shall enter such amount against such property or properties as
a tax lien.[2]
F.
Upon receipt of payment from such applicant(s), the Treasurer of
the Department of Finance shall pay the vouchers as approved by such
boards. If less than full payment is made, the Treasurer shall pay
such vouchers in the proportion and in the order as the Treasurer
in his discretion shall deem advisable. Nothing in this section shall
be construed to require the Borough of Lodi to pay any part of any
such vouchers until the assessment made therefor is paid by the applicant(s).
All applicants on a single application shall be jointly and severally
liable for the entire assessment.[3]
G.
The Board of Adjustment and the Planning Board shall each establish a committee to screen applications for the purpose of determining which are likely to be complex matters. The committee shall report to the board those applications which it determines are likely to be complex matters, and the board, in its discretion, may require a deposit from such applicant(s) against the assessment as authorized in Subsection D of this section, which deposit shall not exceed $1,000. The Board shall not be required to begin or to continue hearing on any application wherein such deposit is required until such deposit is made in full. Upon completion of the hearing on such matters, the Treasurer of the Department of Finance shall be authorized to pay all vouchers from such deposit, with the balance, if any, to be returned to the applicant(s) or the deficiency to be assessed against the applicant(s) in the same manner as set forth in Subsection D of this section. In all cases where payments are made from such deposits, the Treasurer shall forward a statement to the applicant(s) showing such payments and enclosing a copy of the vouchers submitted.[4]
