No member of the Land Use Board 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.
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.
Fees or charges for submission of applications or for rendering
of any service by the Land Use 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 Township or as established in any ordinance regulating
the use and development of land.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., and for all applications made
pursuant to N.J.S.A. 40:55D-70b, seeking interpretation of the Zoning
Map or ordinance or for decisions upon special questions, the applicant
shall give notice thereof as follows:
A. Public notice in newspaper. Public notice shall be given by publication
in the official newspaper of the Township at least 10 days prior to
the date of the hearing.
B. Owners of adjacent property.
(1) Notice shall be given to the owners 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 municipality. Such notice shall be given by serving a copy thereof
on the owner, as shown on the current tax duplicates, or his/her agent
in charge of the property, or mailing a copy thereof by certified
mail to the property owner at his/her address, as shown on the current
tax duplicate.
(2) The above requirements shall be deemed satisfied where condominium
or horizontal property regimes are within 200 feet of applicants 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. 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, vice
president, secretary or other person authorized by appointment or
by law to accept service on behalf of the corporation. Where a condominium
association, horizontal property regime, community trust or homeowner's
association own common elements or areas including but not limited
to grass, landscaped areas, driveways, parking lots, or recreational
facilities that are within 200 feet of the property which is the subject
of a hearing, notice 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. Adjoining municipality. 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
H of this section 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, adjoining other county land or situate within 200 feet
of a municipal boundary.
E. 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. Director of Division of State and Regional Planning. 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 Township
Clerk pursuant to Section 6b of c. 291, Laws of N.J. 1975, N.J.S.A.
40:55D-1 et seq.
G. Proof of service. 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. Completion by certified mail. 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.
I. 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 Township tax assessor's office.
(4) The location and times at which any maps and documents for which
approval is sought are available as required by law.
J. Maps; documents; public inspection. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the Township Clerk.
K. Notice. 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 is required. Notice under Subsections
A and
B shall not be required for conventional site plan review, 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 Township shall, within seven days after receipt of a request therefor, and upon receipt of a fee not to exceed $0.25 per name, or $10, 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 §
45-31B of this chapter.
A brief notice of every final decision shall be published in
the official newspaper of the Township. Such publication shall be
arranged by the secretary of the Land Use Board without separate charge
to the applicant. The 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 Land
Use 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 approvals 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 provision
for the payment thereof in such manner that the Township shall be
adequately protected.