No member of the Planning Board or Board of Adjustment shall act on any matter in which he has either directly or indirectly a 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 municipal agency on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of both the Planning Board and Board of Adjustment 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.
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 public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum's being present.
D. 
All action shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise provided by any provision of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.[2]
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F. 
A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held 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 member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
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 the 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.
A. 
Rules. The Planning Board and Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law[1] or of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have 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 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 limitation 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 municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall not be required to permit any interested party to listen to its recording, but the municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request, to an interested party at his expense. The municipal agency in furnishing a transcript shall not charge more than the maximum permitted by N.J.S.A. 2B:7-4. Each transcript shall be certified in writing by the transcriber to be accurate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whenever a hearing is required on an application for development pursuant to the Municipal Land Use Law, as amended and supplemented, or pursuant to the determination of the municipal agency in question, 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 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. 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 by certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to the Municipal Land Use Law to the owners of land in such adjoining municipality which is located within 200 feet of the subject premises.
D. 
Notice shall be given by personal service or certified mail to the Bergen 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 the Municipal Land Use Law, as amended and supplemented.
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 municipal agency 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.
J. 
Notice requirements 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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice to a condominium association, horizontal property regime, community trust or homeowner's 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 home owners on account of such common elements or areas.
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 27-28 of this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
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 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. 
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.
D. 
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 to grant or deny approval or, if the meeting at which such 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.
E. 
The adoption of a resolution of memorialization pursuant to this section 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 a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency, and not to be an action of the municipal agency, except that the failure to adopt such resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
F. 
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 law.
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 or Board of Adjustment, as the case may be, 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-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Board of Adjustment 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 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.
[Amended 12-16-2002 by Ord. No. 865]
A. 
Any interested party may appeal to the governing body of the Borough of Demarest any final decision of the Board of Adjustment approving an application for development pursuant to Subsection (d) of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection (i) of Section 6 of P.L. 1975, c. 291 (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 the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
B. 
Notice of the meeting to review the record below shall be given by the governing body of the Borough of Demarest by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection (h) of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) and to the Board of Adjustment 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 of the Borough of Demarest shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection (f) of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).
C. 
The appellant shall, within five days of service of the notice of appeal pursuant to Subsection A hereof, arrange for a transcript pursuant to Subsection (f) of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) for use by the governing body of the Borough of Demarest and pay a deposit of $50 or the estimated cost of such transcript, 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. The governing body of the Borough of Demarest shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection (i) of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents in writing to an extension of such period. Failure of the governing body of the Borough of Demarest 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 of Adjustment.
D. 
The governing body of the Borough of Demarest may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to Subsection (d) of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). The review shall be made on the record made before the Board of Adjustment.
E. 
The affirmative vote of a majority of the full authorized membership of the governing body of the Borough of Demarest shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise, the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body of the Borough of Demarest shall constitute affirmance of the decision of the Board of Adjustment.
F. 
An appeal to the governing body of the Borough of Demarest shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board of Adjustment certifies to the governing body of the Borough of Demarest, after the notice of appeal shall have been filed with the Board of Adjustment, that by reason 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 of Adjustment and on good cause shown.
G. 
The governing body of the Borough of Demarest 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 Borough of Demarest, if there be one, or in a newspaper of general circulation in the Borough of Demarest. 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 of the Borough of Demarest 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 Borough of Demarest or the applicant.
H. 
Nothing in this section shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.