[Amended 12-13-2000 by Ord. No. 2000:17]
No 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 relating
thereto.
[Amended 12-13-2000 by Ord. No. 2000:17]
A. Meetings of both 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 process.
B. Special meetings may be provided for at the call of the Chairman
or on the request of 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 a quorum, except as
otherwise required by any provision of Chapter 291 of the Laws of
New Jersey 1975.
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, Chapter 231 of the
Laws of New Jersey 1975. 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.
The 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 the 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.
[Amended 12-13-2000 by Ord. No. 2000:17]
Fees for applications or for the rendering of any service by
the Planning Board or any member of the administrative staffs which
is not otherwise provided by ordinance 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.
[Amended 12-13-2000 by Ord. No. 2000:17]
A. Rules. The Planning Board 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 Part 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
(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. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, 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.
[Amended 10-9-1991 by Ord. No. 91:16; 8-11-1999 by Ord. No. 99:07; 12-13-2000 by Ord. No. 2000:17]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or upon an application for
the issuance of a certificate certifying a nonconforming structure
or use pursuant to N.J.S.A. 40:55D-70(a) or 40:55D-70(b) respectively,
the application 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 or without
the municipality in which the applicant's land is located. Such notice
shall be given by serving a copy thereof on the owners, as shown on
said 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 or by mailing a copy thereof by certified
mail to the property owner at his address as shown on 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.
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
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 Municipal Clerk pursuant to N.J.S.A. 40:55D-1 et seq.
E. 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.
F. 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.
G. Form of notice. All notices required to be given pursuant to the
terms of this Part 1 shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the
property 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 10-9-1991 by Ord. No. 91:16]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough
Clerk or other designated Borough official shall, within seven days
after receipt of a request therefor and upon receipt of payment of
a fee as set forth in the current Fee Ordinance, make and certify a list from the current tax duplicate of names and addresses of owners whom the applicant is required to give notice pursuant to Article
IV, §
162-34B, of this Part
1.
[Amended 12-13-2000 by Ord. No. 2000:17]
A. Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon.
B. 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, 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 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.
C. 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.
[Amended 12-13-2000 by Ord. No. 2000:17]
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
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.