No member of the Planning Board shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any 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.
Fees or charges for submission of applications or for rendering
of any service by the Planning Board or any member of its administrative
staff for review of an application for development, for inspections
or for taking of appeals shall be as set forth in any general fee
ordinance of the Town or as established in any ordinance regulating
the use and development of land.
On every application for preliminary major subdivision approval,
site plans involving more than 1,000 square feet of disturbed area,
and on all applications before the Planning Board, the applicant shall
give notice thereof as follows:
A. Publication. 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. Adjoining property owners.
(1) Notice shall be given to the owner of all real property located in
this state, 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 Town. Such
notice shall be given by serving a copy thereof on the owner, as shown
on the current tax duplicate, or his agent in charge of the property,
or mailing a copy thereof by certified mail to the property owner
at his address, as shown on the current tax duplicate.
(2) The above requirements shall be deemed satisfied where condominiums
or horizontal property regimes are within 200 feet of the applicant's
property by making service in the following manner:
(a)
If the applicant's property abuts a condominium and the
owner of any unit is within 200 feet of the applicant's property
and such unit has a unit above or below it, by giving notice to the
condominium association.
(b)
If the applicant's property abuts a horizontal property
regime and an apartment of the co-owner is within 200 feet of the
applicant's property and such apartment has an apartment above
or below it, by giving notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium unit or co-owner
of an apartment, notice shall be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
(3) A return receipt shall not be required. Notice to a partnership owner
may be made 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. Municipalities within 200 feet. Notice of all hearings on application 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 hereof to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. County Planning Board. 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 as adjoining other county land or situate within 200 feet
of a municipal boundary.
E. New Jersey Commissioner of Transportation. 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. State Planning Commission. Notice shall be given by personal service
or certified mail to the State Planning Commission 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 Town pursuant to N.J.S.A.
40:55D-10b.
G. Time of notice. All notices hereinabove specified in this subsection
shall be given at least 10 days prior to the date fixed for the hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for the development.
H. Complete upon mailing. 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 Town 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. Exceptions. Notice pursuant to Subsections
C,
D,
E and
F of this section shall not be required unless public notice pursuant to Subsections
A and
B of this section shall not be required. Notice under Subsections
A and
B of this section shall not be required for conventional site plan review (meaning applications involving less than 1,000 square feet of disturbed area), minor subdivision approval, or final approval pursuant to N.J.S.A. 40:55D-50.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Town shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in the section of the statute, 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 §
166-36B of this chapter.
A brief notice of every final decision shall be published in
the official newspaper of the Town. Such publication shall be arranged
by the appropriate Town official without separate charge to the applicant.
The notice shall be sent to the official newspaper for publication
within 10 days of the date of the 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
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 approval 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 provisions for
the payment thereof in such manner that the Town will be adequately
protected.