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.
A. If the Planning Board lacks a quorum because any of its regular or
alternate members is prohibited by N.J.S.A. 40:55D-23 or 40:55D-23.1
from acting on a matter due to the member's personal or financial
interest therein, regular members of the Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board, in order of seniority of continuous service
to the Board of Adjustment, until there are the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest therein, whether direct or indirect.
If a choice has to be made between regular members of equal seniority,
the Chairman of the Board of Adjustment shall make the choice.
[Added 6-1-1992 by Ord. No. 15-92]
B. If the Board of Adjustment lacks a quorum because any of its regular
or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting
on a matter due to the member's personal or financial interest therein,
Class IV members of the Planning Board shall be called upon to serve,
for that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there are the minimum number of persons necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
[Added 6-1-1992 by Ord. No. 15-92]
[Added 12-21-1992 by Ord. No. 29-92]
Pursuant to N.J.S.A. 40:55D-3, the Secretary of the Liberty
Township Planning Board is hereby designated as the administrative
officer for said Board. Pursuant to N.J.S.A. 40:55D-3, the Secretary
to the Liberty Township Zoning Board of Adjustment is hereby designated
as the administrative officer for said Board.
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 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 the rules of the Board.
Fees for application or for the rendering of any service 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.
[Amended 6-1-1992 by Ord. No. 15-92; 4-5-1993 by Ord. No. 4-93; 9-9-1999 by Ord. No. 99-6]
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, or for any hearing requested of the Board of Adjustment under §
72-21 of the Code of the Township of Liberty, 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 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, 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 to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given, be 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.
G. In connection with an application for a major subdivision or a site
plan not defined as a minor site plan under the Municipal Land Use
Law, pursuant to the provisions of N.J.S.A. 40:55D-12, notice shall
be given by personal service or certified mail to the corporate secretary
of all public utilities and the general manager of all cable television
companies that own land or any facility or that possess a right-of-way
or easement within 200 feet in all directions of the property which
is the subject of such hearing. An applicant seeking approval of a
development which does not require notice shall be required to provide
notice by personal service or certified mail to the corporate secretary
of any public utility and the general manager of any cable television
company that possess a right-of-way or easement situated within the
property limits of the property which is the subject of the application
for development.
H. 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.
I. 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.
J. Form of notice. All notices required to be given pursuant to the
terms of this Part 1 shall state the date, time and place of the bearing,
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 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.
K. Where a Corporate Secretary of a local utility has registered with
the township in order to receive notice of development applications,
such notice shall be provided pursuant to N.J.S.A. 40:55D-12.1.
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 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 §
72-29B.
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. of 40:55D-39 and 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.