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.
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.
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 hearing date.
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 applicant's
land is located. 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 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 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 hereof.
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
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-10(b).
G. All notices hereinabove specified 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, an 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.
J. Accompanying the filing of an application with the Planning Board
or Board of Adjustment by a food establishment shall be a floor plan
of the premises which floor plan shall have been preliminarily approved
by the Director of the Department of Housing Services or his designee.
[Added 2-23-1982 by Ord.
No. MC 2652; amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No.
MC 3511]
[Amended 9-13-1977 by Ord. No. MC 2505]
A. Upon written request of an applicant to the Town Engineer and to
the Tax Assessor, the Town Engineer or his designee shall promptly
prepare and furnish to the Irvington Tax Assessor a plot plan showing
the lots and blocks of all the rear property on the current tax duplicate
map within 200 feet in all directions of the property which is the
subject of the application and hearing within the Town of Irvington
and showing whether said 200 feet extends into any adjoining municipality.
B. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor or designee shall, within seven days after the receipt of said written request by the applicant and upon receipt of payment of a sum not to exceed $0.25 per name, or $10, whichever is greater, 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 §
365-27.
[Amended 3-8-1988 by Ord.
No. MC 2849]
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 to the Planning Board and Board of Adjustment
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 8-13-1991 by Ord. No. MC 2929]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
applications for approval by the Planning Board of either subdivisions
or site plans, or both, and for approval by the Board of Adjustment
for zoning, respectively, 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 either 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.
An appeal from any final decision of the Zoning Board of Adjustment
or Planning Board may be taken to the Municipal Council, provided
that such appeal shall be taken in accordance with the provisions
of N.J.S.A. 40:55D-17.