No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he/she 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 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/her use, as provided
for in the rules of the Board.
Whenever a hearing shall be 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. By publication in the official newspaper of the Township at least
10 days prior to the date of hearing.
B. Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, 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.
(1) Notice
shall be given by:
(a) Serving a copy thereof on the owner of the real property, as shown
on the current tax duplicate, or his/her agent in charge of the real
property; or
(b) Mailing a copy thereof by certified mail to the real property owner
at his/her address, as shown on the current tax duplicate. A return
receipt shall not be required. Notice shall be deemed complete upon
mailing.
(2) 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,
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation,
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of the 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 real property in such adjoining municipalities which are located within 200 feet of the property which is the subject of the hearing.
D. Notice shall be given to the County Planning Board of a hearing on
an application for development of property adjacent to an existing
county road or proposed road, as 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 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 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 Clerk 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. All notices required to be given, pursuant to the terms in this section,
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 administrative officer shall, within seven days of receipt of a request therefor and upon receipt of payment of a fee as specified in §
195-51, Development fees, provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice, pursuant to §
195-30B.
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 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 the 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 Township shall be adequately protected.
Immediately upon adoption of this Part
1, the Township Clerk shall file a copy with the County Planning Board, as required by law. The Clerk shall also file with the County Planning Board copies of all other Township land use ordinances.
Any variance hereafter granted by the Zoning Board of Adjustment
or the Planning Board, permitting the erection or alteration of any
structure or structures or permitting a specified use of any property,
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced,
within one year from the date of entry of the approval of the variance,
except that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Zoning Board of Adjustment to the Township Council, or to a
court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and the Zoning Board of Adjustment an index
of the natural resources of the Township, the Planning Board and the
Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either. Failure of the Planning Board or the Zoning Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.