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 regular or special 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 Township 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 the rules of the Board.
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 which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of said rules or of the separate fee schedule shall be
available to the public.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice
thereof as follows:
A. Public notice shall be given by publication in the official newspaper
of the Township 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 Township in which applicant's
land is located. Such notice shall be given by:
(1) Serving a copy thereof on the owner as shown on the said current
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 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 Subsection
B of this section 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 situated within the 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 an administrative officer pursuant to N.J.S.A. 40:55D-10.
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 and 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 Township 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor
of the municipality shall, within seven days after receipt of a request
therefor and upon receipt of payment of a fee of $10 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 § 75-99B
of this chapter.
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.
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 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 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.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Added 4-14-1983 by Ord. No. 204]
A. Whenever the posting of a performance guaranty is required as a condition
for the granting of any approval or permit, the resolution of the
municipal agency granting such approval or authorizing such a permit
shall state in its resolution granting the approval or authorizing
the permit that the approval should not take effect, nor shall the
permit be issued, nor shall any map, plat or deed be signed as approved
or delivered to applicants, until the performance guaranty required
by the municipal agency has been posted by the applicant with the
Township Clerk, approved as to form by the Township Solicitor and
if other than a corporate surety bond approved by the Township Committee.
These same provisions shall apply for a maintenance guaranty when
the municipal agency requires that a maintenance guaranty be posted
at the time of the granting of the approval or permit.
B. When a performance guaranty or maintenance guaranty is posted with
the Township Clerk, he shall retain any documents and shall turn any
cash or checks over to the Township Treasurer. The Clerk shall send
copies of any such documents to the Township Solicitor and Engineer.
The Township Solicitor shall express his opinion as to form of the
guaranty by letter to the Township Clerk and to the municipal agency.
Both the Township Clerk and the Township Engineer shall calendar any
expiration dates for the performance and maintenance guaranties as
well as the deadlines for performances that are guaranteed by the
performance guaranty and the maintenance guaranty. The Engineer and
the Clerk shall notify the Township Committee at least 90 days in
advance of each of said expiration dates and deadlines unless the
performances and conditions for which the performance or maintenance
bond has been issued have been satisfactorily performed and met by
the applicant.