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.
Regular meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless canceled for lack of
quorum or lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairperson
or on the written request by any two Board members, which shall be
held on notice to its members and the public, in accordance with all
applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of those members present
at the meeting except as otherwise required by any provision of this
chapter.
E.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, Ch. 231, Laws of
New Jersey 1975.[1] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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 Administrative Officer.
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 shall be
charged a fee for reproduction of the minutes for his use as provided
for in the rules of the Board.
Fees for applications 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 Article V of this chapter 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.
The municipal agency shall hold a hearing on each application
for development.
A.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have the power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the rights of cross-examination shall be permitted to
all interested parties through their attorney, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer or mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense. The municipal
agency, in furnishing a transcript of the proceedings to an interested
party at his expense, shall not charge such interested party more
than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript shall
be certified in writing by the transcriber to be accurate.[1]
A.
Public notice shall be given on the following applications for development:
(1)
Major development proposals, preliminary and final, except as specifically
provided for in this chapter;
(2)
Applications involving appeals or variances of any kind;
(3)
Applications for a conditional use; and
(4)
Applications involving a permit pursuant to N.J.S.A. 40:55D-34 through
40:55D-36 inclusive.
B.
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.
C.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said 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 said current tax duplicate. 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, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, 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.
D.
Upon the written request of an applicant, the Borough Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection C of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum as provided in Article V, § 17-5.4, may be charged for such list.[1]
E.
Notice of 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.
F.
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 situated within 200 feet of a municipal boundary.
G.
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.
H.
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 Subsection b of N.J.S.A. 40:55D-10.
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 number as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps or documents for which approval is sought
are available as required by law.
J.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
A.
Written decisions.
(1)
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in the Act for action by the municipal agency on the application
for development; or
(b)
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the municipal
agency voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to Section
5 of the Act (N.J.S.A. 40:55D-9) (resulting from the failing of a
motion to approve an application) shall be memorialized by resolution
as provided above, with those members voting against the motion for
approval being the members eligible to vote on the memorializing resolution.
(2)
The vote on any such resolution shall be deemed to be a memorializing of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection C of this section and § 17-4.8 of this chapter. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
B.
A member of a municipal agency who was absent for one or more of
the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent, and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
C.
A copy of the decision shall be mailed by the Board within 10 days
of the date of the decision to the applicant or, if represented, then
to his attorney without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Administrative Officer, who
shall make a copy of such filed decision available to any interested
party upon payment of a fee calculated in the same manner as those
established for copies of other public instruments in the Borough.
A brief notice of every final decision shall be published each
month in the official newspaper of the municipality as required by
law. Such publication shall be arranged by the Secretary of the Planning
Board or Zoning Board of Adjustment as the case may be. The period
of time in which an appeal of the decision may be made shall run from
the date of publication.
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 to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on said 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 the prompt provision for the payment thereof in such manner that
the municipality will be adequately protected.
In the event that, during the period of approval heretofore
or hereafter granted, the developer is barred or prevented, directly
or indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with said development, the running of
the period of approval under this chapter shall be suspended for the
period of time said legal action is pending or such directive or order
is in effect.
Whenever review or approval of the application by the County
Planning Board is required by Section 4 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.2), in the case of a subdivision, or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the municipal
agency shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
The time periods within which a municipal agency shall arrive at a decision are set forth at length in the various provisions of this chapter. Failure of the reviewing municipal agency to render a decision within the time periods prescribed below or within such further time as may be consented to by the developer shall constitute a decision favorable to the developer. Unless the developer agrees to an extension of time, a municipal agency must grant or deny approval of a development application within the following number of days after the filing date or date such application shall be deemed filed pursuant to § 17-6.4 of this chapter. In the case of appeals, however, to the Zoning Board of Adjustment, the days shall be counted from the date a decision is rendered by the Administrative Officer or Building Inspector.
A.
In the case of the Planning Board:
(1)
For minor subdivision: 45 days.
(3)
For final major subdivision 45 days.
(5)
For final site plan: 45 days.
(6)
For conditional use permit: 95 days.
(7)
For direction, pursuant to § 17-2.7H(1)(b) and (c), for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area, pursuant to N.J.S.A. 40:55D-34 and 40:55D-35: 120 days.
(8)
For a combined application:
(a)
For a conditional use permit and site plan: 95 days.
(b)
For a subdivision plat and a conditional use permit or site
plan: the largest time period for action by the Planning Board, whether
it be for subdivision, conditional use or site plan approval.
(c)
For a subdivision plat, site plan or conditional use permit
and certain single lot zoning variance or direction of issuance of
a permit for a building not related to a street or in an area designated
on the Official Map for public acquisition or use: 120 days.
(d)
Separate and consecutive applications pursuant to § 17-2.7H of this chapter. In the event the developer elects to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use, the aforesaid provisions shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting subsequent approval shall be as otherwise provided in this chapter.[1]
