[Amended 7-5-2017 by Ord.
No. 2017-5]
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 further 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 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 may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Fees for applications or for the rendering of any service by
the Planning Board or any other member of its administrative staff
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.
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 applicant's
land is located. Such notice shall be given by serving a copy thereof
on the owner as shown on 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 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
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 Section 6b of P.L. 1975, c. 291.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 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 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 7-5-2017 by Ord.
No. 2017-5]
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 §
85-28, 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 §
85-17B.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Municipal Land Use Secretary 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 7-5-2017 by Ord.
No. 2017-5]
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 provision for
the payment thereof in such manner that the municipality will be adequately
protected.