No member or alternate member of the Planning 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. Any member other than a Class I member
of the Planning Board, after a public hearing if he requests one,
may be removed by the governing body for cause.
A.
Meetings of the Planning Board 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 applications for development to process.[1]
B.
Special meetings may be provided for at the call of the Chairperson
or on the request of any two Board members, which meetings shall be
held on notice to Board 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.
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, P.L. 1975, c. 231.[3] An executive session for the purpose of discussion and
studying any matters to come before the Board shall not be deemed
a regular or special meeting in accordance with these provisions.[4]
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 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.
[Amended 10-20-1986 by Ord. No. 86-16[1]]
A.
Reasonable fees for applications, appeals or for the rendering of
any service by the Planning Board or any member of its administrative
staff shall be provided for and adopted by ordinance.
B.
In the event that it becomes necessary for the Board to engage the
services of legal, engineering, planning or other consultants to review
plans, sketches, etc., and to submit reports or give opinions, the
applicant shall be responsible to pay the charges made for such services.
The charges of such consultants shall be reasonable and uniformly
made. Such charges shall be paid by the applicant prior to final approval
being given. At the discretion of the Board, an amount in escrow may
be required in anticipation of final charges.
A.
Rules. The Planning Board shall make rules governing the conduct
of hearings before such body, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq., or of this chapter.[1]
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 right of cross-examination shall be permitted to
all interested parties through their attorneys, 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. The Board shall provide for the verbatim recording of the
proceedings by either stenographic, 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.[2]
Public notice of a hearing on an application for development
shall be given, except for conventional site plan review, minor subdivision,
final approval pursuant to N.J.S.A. 40:55D-50 or minor site plan approval;
and further provided that public notice shall be given in the event
that relief is requested pursuant to N.J.S.A. 40:55D-60 or 40:55D-76
as part of an application for development otherwise excepted herein
from public notice. The applicant should 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 of a hearing requiring public notice as above set forth shall be given to the owners of all real property as shown on the current tax duplicate or duplicates 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 to a horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such 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 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 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, 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. Notice of a hearing requiring public notice shall be given to public utilities and cable television companies in accordance with Subsection F hereof.
[Amended 5-11-1992 by Ord. No. 92-12]
C.
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, 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 situated within 200 feet of a municipal boundary.[1]
E.
Notice to state agencies.
[Amended 5-11-1992 by Ord. No. 92-12]
(1)
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.
(2)
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 Section 6 of P.L. 1975, c. 291.[2][3]
F.
Notice to utilities.
[Amended 5-11-1992 by Ord. No. 92-12]
(1)
Notice of hearings on applications for approval of a major subdivision
or a site plan not defined as a "minor site plan" requiring public
notice pursuant to this section 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.
(2)
In addition to any notification requirement otherwise imposed under this section, an applicant seeking approval of a development which does not require notice as provided in Subsection F(1) above 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 possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this chapter.
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 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 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.
[Amended 8-8-2000 by Ord. No. 2000-18; 11-12-2002 by Ord. No.
2002-17]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment 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 Article IV, § 80-34B, of this chapter.
A.
Each decision on any application for development shall be reduced
to writing and shall include findings of facts and conclusions of
law based thereon.
B.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
C.
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval or, if the meeting at which said action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application. The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of the majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. Whenever a resolution of memorialization is adopted in accordance with this section, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by this section and § 80-37 of this article.
[Amended 10-20-1986 by Ord. No. 86-16]
D.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant or, if represented, 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 Municipal Clerk, 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 documents in the municipality.
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 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-39e and 40:55D-65h,
every application for development submitted to the Planning 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 provision for
the payment thereof in such manner that the municipality will be adequately
protected.
When any hearing before the Planning Board shall carry over
two or more meetings, a member of the Board who was absent for one
or more of the meetings 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 a transcript or recording of the meetings from
which he was absent and certifies in writing to the Board that he
has read such transcript or listened to such recording.
[Amended 10-20-1986 by Ord. No. 86-16; 10-19-1987 by Ord. No. 87-29; 6-20-1988 by Ord. No. 88-9]
A.
Any interested party may appeal to the governing body any final decision
of the Planning Board approving an application for development pursuant
to Subsection 57d of the Municipal Land Use Law.[1] Such appeal shall be made within 10 days of the date of
publication of such final decision pursuant to N.J.S.A. 40:55D-10.
The appeal to the governing body shall be made by serving the Municipal
Clerk, in person or by certified mail, with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
name and address of his attorney, if represented. Such appeal shall
be decided by the governing body only upon the record established
before the Planning Board.[2]
B.
Notice of the meeting to review the record below shall be given by
the governing body by personal service or certified mail to the appellant,
to those entitled to notice of a decision pursuant to N.J.S.A. 40:55D-10,
and to the Board from which the appeal is taken at least 10 days prior
to the date of the meeting. The parties may submit oral and written
argument on the record at such meeting, and the governing body shall
provide for verbatim recording and transcripts of such meeting pursuant
to N.J.S.A. 40:55D-10.
C.
Transcripts; review by governing body.
(1)
The appellant shall, within five days of service of the notice of appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk. Otherwise, the appeal may be dismissed for failure to prosecute.
(2)
The governing body shall conclude a review of the record below not
later than 95 days from the date of publication of notice of decision
below pursuant to N.J.S.A. 40:55D-10, unless the applicant consents
in writing to an extension of such period. Failure of the governing
body to hold a hearing and conclude a review of the record below and
to render a decision within such specified period shall constitute
a decision affirming the action of the Board.
D.
The governing body may reverse, remand or affirm, with or without
the imposition of conditions, the final decision of the Planning Board
approving a variance pursuant to N.J.S.A. 40:55D-70. The review shall
be made on the record made before the Planning Board.[3]
E.
The affirmative vote of a majority of the full authorized membership
of the governing body shall be necessary to reverse, remand or affirm,
with or without conditions, any final action of the Planning Board.[4]
F.
An appeal to the governing body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Board from whose action the appeal is taken certifies to
the governing body, after the notice of appeal shall have been filed
with such Board, that by reasons of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by order
of the Superior Court on application upon notice to the Board from
which the appeal is taken and on good cause shown.
G.
The governing body shall mail a copy of the decision to the appellant
or, if represented, then to his attorney, without separate charge,
and for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality, if there is one, or in a newspaper of general
circulation in the municipality. Such publication shall be arranged
by the applicant unless a particular municipal officer is so designated
by ordinance, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The governing body may make a reasonable charge for its
publication. The period of time in which an appeal to a court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the municipality or the applicant.
H.
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
A.
A corporation or partnership applying to a planning board or to the
governing body of a municipality for permission to subdivide a parcel
of land into six or more lots, or applying for a variance to construct
a multiple dwelling of 25 or more family units, or for approval of
a site to be used for commercial purposes shall list the names and
addresses of all stockholders or individual partners owning at least
10% of its stock of any class or at least 10% of the interest in the
partnership, as the case may be.[1]
B.
If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this section have been listed.
D.
Any corporation or partnership which conceals the names of the stockholders
owning 10% or more of its stock or of the individual partners owning
a 10% or greater interest in the partnership, as the case may be,
shall be subject to a fine of $1,000 to $10,000, which shall be recovered
in the name of the municipality in any court of record in the state
in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A.
2A:58-10 et seq.).[3]
[Added 7-9-2002 by Ord. No. 2002-8]
A.
The purpose of this section is to adopt a checklist outlining the
requirements of submissions of all applications to the Planning Board
of the Borough of Wood-Ridge. Such requirements shall be necessary
to allow the administrative officer to rule on whether or not an application
may be deemed complete and placed on the Board's agenda for a
hearing.[1]
B.
Procedural requirements.
(1)
Every application for development submitted to the Borough of Wood-Ridge
for review by the Planning Board shall first be submitted to the administrative
officer for a determination as to whether or not the application may
be deemed complete. An application shall be deemed complete by the
administrative officer if such application furnishes all required
information as outlined in the Completion Checklist set forth in Schedule
A below.[2] In the event that an applicant does not wish to supply
all the information as required in the Completion Checklist, the applicant
must request that the specific submission requirement be waived. Each
applicant shall be entitled to receive a copy of the Completion Checklist
form.[3]
[2]
Editor's Note: The checklist is included as an attachment to this chapter.
(2)
The administrative officer shall notify each applicant, in writing,
within 45 days of submission of the application, as to whether or
not the application has been deemed complete and/or whether or not
the application is deficient due to the applicant's failure to
furnish information as required pursuant to the Completion Checklist.
