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 or 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.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[2] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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 and 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 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 the rules of the Board.
Fees for applications or for the rendering of any services by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which are 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.
A.
Rules. The Planning Board and Zoning Board of Adjustment may 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 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 to cross-examine 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 stenographer, 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.
Notices of hearings shall be given for all applications for
development except minor subdivision approval and final subdivision
approval pursuant to N.J.S.A. 40:55D-12. Whenever a hearing is required
on an application for development pursuant to this section, the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the municipality, if there is one, or in a newspaper of general
circulation in 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,
provided that this requirement shall be deemed satisfied by notice
to a condominium association, in the case of any unit owner whose
unit has a unit above or below it, or a horizontal property regime,
in the case of a co-owner whose apartment has an apartment above or
below it. Such notice shall be given by either serving a copy thereof
on the owner as shown on the said current tax duplicate or 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 the said current
tax duplicate. 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 shall be given to the Borough of Westwood Police Department,
Fire Department, Board of Health, Parking Utility, Historic Preservation
Commission and Shade Tree Committee.
D.
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.
E.
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.
F.
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.
G.
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 N.J.S.A. 40:55D-10b.
H.
Notice shall be given, by personal service or certified mail, of
a hearing on an application of a major subdivision or a site plan
not defined as a minor site plan to a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and has registered with the municipality in
accordance with N.J.S.A. 40:55D-12.1.
I.
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.
J.
Any notice made by certified mail as hereinabove required shall be
deemed complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
K.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state:
(1)
The
date, time and place of the hearing;
(2)
The
nature of the matters to be considered;
(3)
The
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
(4)
The
location and times at which any maps and documents for which approval
is sought are available as required by law.
L.
Notice regarding Master Plan. The Planning Board shall give:
(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 the Borough at least 10 days prior to the date
of the 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 the 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:
(a)
All hearings on the adoption, revision or amendment of the 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; and
(b)
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.
M.
Notice of hearing on ordinance or capital improvement program. Notice
of action on a capital improvement or the Official Map shall be made
as follows:
(1)
Notice, by personal service or certified mail, shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
(2)
Notice, by personal service or certified mail, shall be made to the
County Planning Board of all hearings on the adoption, revision or
amendment of the municipal capital improvement program or the Municipal
Official Map not more than 30 days after the date of such adoption,
revision or amendment. Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the municipal capital program, or any proposed revision or
amendment thereto, as the case may be.
[Amended 5-20-2008 by Ord. No. 08-17; 1-18-2011 by Ord. No. 11-04]
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the Assessor of the Borough of Westwood shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, 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 pursuant to Article IV, § 195-34B, 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. The memorializing
resolution shall be adopted at a meeting held not later than 60 days
after the date of the meeting at which the approving authority voted
to grant or deny the application.
B.
Prior to a resolution of approval being memorialized, the applicant
shall present 12 sets of plans which indicate any and all changes
required by the Board at the time of approval.
C.
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, to his
attorney, without separate charge. A copy of the decision shall also
be mailed to all persons who have requested it and have paid the fee
prescribed by the Board for such 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 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 N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are 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,
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 a manner
that the municipality will be adequately protected.
