No member of the Joint 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 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 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 as listed in Chapter
150, Article
I, Fee Schedule. Transcripts shall be at the expense of the requester.
Fees for applications or for the rendering of any service by the Joint Land Use Board or any member of its administrative staff which are not otherwise provided for by ordinance will be presented to the Mayor and Council for approval and included in Chapter
150, Fees, Article
I, Fee Schedule.
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, 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. Said notice shall be given by serving
a copy thereof on the owner as shown on the 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
the said current tax duplicate. A return receipt is required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporation 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.
[Amended 7-13-2005 by Ord. No. 1164; 2-6-2013 by Ord. No. 1335]
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 of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 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. 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
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 Municipal Clerk pursuant to P.L. 1975, c. 291, Section 6b.
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. 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 hearing;
the nature of the matters to be considered; an identification of the
property proposed for development by street address, if any, or by
reference to a lot and block number 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.
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 as prescribed in Chapter
150, Fees, Article
I, Fee Schedule, §
150-3, 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 §
190-10B of this chapter.
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 Joint Land Use Board 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. 40:55D-39 and 40:55D-65,
every application for development submitted to the Joint 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 said 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 provisions for
the payment thereof in such manner that the municipality will be adequately
protected.