No member of the Planning Board or Zoning Board shall act on
any matter in which that member has, either directly or indirectly,
any personal or financial interest. If such a circumstance presents
itself, that member shall disqualify himself or herself from acting
on a particular matter. He or she shall not continue to sit with the
Planning Board or Zoning Board on the hearing of such matter nor participate
in any discussion or decisions relating thereto.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Planning Board, Zoning Board or SSPR Committee and of the persons
appearing by attorney, the action taken by the respective board or
committee, the findings, if any, and reasons therefor. The minutes
shall thereafter be made available for public inspection during normal
business hours at the Planning Board or the Zoning Board office. 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 reasonable fee for reproduction of the minutes for his or her use,
as provided for in the rules of the Planning Board or the Zoning Board.
Whenever notice 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 Planning Board or the Zoning Board, the applicant shall give
notice thereof as follows:
A. Public notice shall be given by publication in the official newspapers
of the municipality, at least 10 days prior to the date of the hearing,
for the following applications for development:
(1) Any request for a variance from the requirements of Chapter
196, Zoning;
(2) Any request for conditional use approval;
(3) Any request for minor site plan approval or preliminary approval
of a major site plan;
(4) Any request for a minor subdivision approval;
(5) Any request for preliminary approval of a major subdivision; and/or
(6) Any request for the issuance of a permit to build within the bed
of a mapped street, public drainage way, flood control basin, or public
area reserved on the Zoning Map, or in a lot not abutting a street.
B. Notice shall be given to all necessary persons, individuals, and/or
entities, and shall follow all necessary and applicable procedures,
as required by applicable laws, including without limitation N.J.S.A.
40:55D-1 et seq.
[Amended 3-18-2015 by Ord. No. Z-338]
C. Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given to said municipality as required by applicable laws. including
without limitation N.J.S.A. 40:55D-1 et seq.
[Amended 3-18-2015 by Ord. No. Z-338]
D. Notice shall be given as required by applicable laws, including without
limitation N.J.S.A. 40:55D-1 et seq., to the Hudson 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 200 feet of a municipal boundary.
[Amended 3-18-2015 by Ord. No. Z-338]
E. Notice shall be given as required by applicable laws, including without
limitation N.J.S.A. 40:55D-1 et seq., to the Commissioner of Transportation
of a hearing on an application for development of property adjacent
to a state highway.
[Amended 3-18-2015 by Ord. No. Z-338]
F. Notice shall be given as required by applicable laws, including without
limitation N.J.S.A. 40:55D-1 et seq., 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 Planning
Board or the Zoning Board, pursuant to N.J.S.A. 40:550-10.
[Amended 3-18-2015 by Ord. No. Z-338]
G. All notices hereinabove specified in this section shall be given as required by applicable laws. including without limitation N.J.S.A. 40:55D-1 et seq., at least 10 days prior to the date fixed for a hearing, and the applicant shall file an affidavit of proof of service with the respective Planning Board or Zoning Board holding the hearing on the application for development at least one business day before the date of the hearing. Notice pursuant to Subsections
C,
D,
E and
F of this section shall not be deemed to be required unless public notice pursuant to N.J.S.A. 40:550-12a and b is required.
[Amended 3-18-2015 by Ord. No. Z-338]
H. Any notice made by certified mail shall be deemed to be completed
upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
[Amended 3-18-2015 by Ord. No. Z-338]
I. Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the particular board before which
the hearing is to be held, the date, time and place of the hearing,
the nature of the matters to be considered, including a general description
of the development, the developmental approval and each variance sought,
identification of the property proposed for development by street
address, if any, and 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
pertaining to any approval being sought are available, as required
by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Planning Board or the Zoning Board Secretary shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name, whichever is greater, 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 §
44-307B.
A brief notice of the decision shall be published within 10
days of the date of the decision in the official newspapers of the
municipality. Such publication shall be arranged by the applicant.
Proof of publication shall be filed with the Secretary of the Planning
Board or the Zoning Board, as applicable, immediately following the
same.
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 the Zoning 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 said property, any approvals or other
relief granted by either the Planning Board or the Zoning 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 City will be adequately protected.
Any variance, hereafter granted by the Planning Board or the
Zoning Board, permitting the erection or alteration of a structure
or structures, or permitting a specified use of any premises, shall
expire by limitation unless such construction or alteration has actually
commenced on each and every structure permitted by said variance,
or unless such permitted use has actually been commenced, within one
year from the date the memorializing resolution was adopted; provided,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of (a) the Zoning Board to the governing body or (b) either the Planning
Board or the Zoning Board to a court of competent jurisdiction, until
the termination, in any manner, of such appeal or proceeding. The
Planning Board or the Zoning Board, upon written request from the
party to whom the variance was granted, and for good cause shown,
may grant an extension of time beyond the one year limitation, up
to but not exceeding two additional years.