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.
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 staff which are 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 one of the official
newspapers 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 the
applicant's land is located. Such notice shall be given by:
(1) Serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property; or
(2) 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 Chapter 291, P.L.
1975.
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 hearing,
the nature of the matters to be considered and identification of the
property proposed for development by street address, if any, and 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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Zoning Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as required in Article
X of this chapter, 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
VI, §
515-32B, of this chapter.
A brief notice of every final decision may be published in the
official newspaper of the municipality. Such publication shall be
arranged by the Secretary of the Planning Board or Zoning Board of
Adjustment, as the case may be. 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-39 and 40:55D-65,
every application for development submitted to the Planning Board
or Zoning Board of Adjustment shall be accompanied by proof that no
taxes, sewer charges or assessments for local improvements are due
and that there are no municipal liens delinquent on the property which
is the subject of such application, and no approvals or other relief
requested shall be granted by either Board unless and until all taxes,
sewer charges and other municipal liens have been paid in full to
the date of the hearing at which the approvals or other requested
relief is being sought.