The municipal agency shall hold a hearing on each application
for development, or adoption, revision or amendment of the master
plan.
The municipal agency shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing, during normal business hours in the Office
of the Administrative Officer. The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
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 provisions of the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
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.
Technical rules of evidence shall not be applicable to the hearing,
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
A.
The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographic, mechanical or electronic means.
The municipal agency shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
B.
The municipal agency, in furnishing a transcript of the proceedings
to an interested party at his expense, shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2B:7-4. Said 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. III)]
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
A.
A resolution adopted at a meeting held within the time period provided
in the Municipal Land Use Law for action by the municipal agency on
the application for development; or
B.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by §§ 600-23 and 600-24. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorneys' fees, shall be assessed against the municipality.
A copy of the decision shall be mailed by the municipal agency
within 10 days of the date of decision to the applicant, or if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the municipal agency in the Office of the Administrative
Officer. The Administrative Officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant unless a particular municipal officer
is so designated by ordinance; provided that nothing contained in
the Municipal Land Use Law, N.J.S.A. 40:55D-32 et seq., shall be construed
as preventing the applicant from arranging such publication if he
so desires. The municipality may make a reasonable charge for its
publication. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision,
whether arranged by the municipality or the applicant.
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The amount of any fees for such an informal review shall be a credit
toward fees for review of the application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the Planning Board shall not be bound by any such review.
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 board member has available to him the transcript for recording
of all of the hearings from which he was absent, and certifies, in
writing, to the Board that he has read such transcript or listened
to such recording.
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency, when so certified by the municipal agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period, unless: (a) the application
lacks information indicated on a checklist adopted by ordinance and
provided to the applicant; and (b) the municipal agency or its authorized
committee or designee has notified the applicant, in writing, of the
deficiencies in the application within 45 days of submission of the
application. The applicant may request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
An applicant shall comply with the provisions of this section
whenever the applicant wishes to claim approval of his application
for development by reason of the failure of the municipal agency to
grant or deny approval within the time period provided in the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) or any
supplement thereto.
A.
The applicant shall provide notice of the default approval to the
municipal agency and to all those entitled to notice by personal service
or certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to Subsection a of Section 7.1 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-12).
B.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the municipality, if there be
one, or in a newspaper of general circulation in the municipality.
C.
The applicant shall file an affidavit of proof of service and publication
with the Administrative Officer, who in the case of a minor subdivision
or final approval of a major subdivision, shall be the officer who
issues certificates pursuant to Section 35, Subsection b of Section
38 or Subsection c of Section 63 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-47;
N.J.S.A. 40:55D-50; N.J.S.A. 40:55D-76), as the case may be.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Notices pursuant to the following sections of this article shall
state the date, time and place of the hearing, the nature of the matters
to be considered and, where appropriate, 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.
[Amended by Ord. No. 7-93]
Notice pursuant to Subsections A, B, D, E, F and G of this section
shall be given by the applicant. Notice pursuant to Subsections A,
B, D, E, F and G of this section shall be given at least 10 days prior
to the date of the hearing.
A.
Public notice of a hearing on an application for development shall
be given except for: (1) minor subdivisions pursuant to N.J.S.A. 40:55D-47;
and (2) final approval pursuant to N.J.S.A. 40:55D-50, and provided
further that public notice shall be given in the event that relief
is requested pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76
as part of an application for development otherwise excepted herein
from public notice. Public notice shall be given by publication in
the official newspaper of the municipality, if there be one, or in
a newspaper of general circulation in the municipality.
B.
Method of notification; parties to be notified.
(1)
Notice of a hearing requiring public notice pursuant to Subsection A shall be given to the owners of all real property as shown on the current tax duplicates, located in the state and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement 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 shall be given by: (i) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or (ii) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(2)
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. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' 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 homeowners on
account of such common elements or area.
C.
Upon the written request of an applicant, the Tax Assessor shall, within seven days, 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 Subsection B. In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection H. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility 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 charge for such list.
D.
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.
E.
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 situated within 200 feet of a municipal boundary.
F.
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.
G.
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. The notice
shall include a copy of any maps or documents required to be on file
with the municipal Clerk pursuant to Subsection b of N.J.S.A. 40:55D-10.
H.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection A shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1 by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
I.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearings on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of
the master plan; such notice shall be given by publication in the
official newspaper of the municipality or in a newspaper of general
circulation in the municipality at least 10 days prior to the date
of hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a master plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
C.
Notice by personal service or certified mail to the County Planning
Board of: (1) All hearings on the adoption, revision or amendment
of the municipal master plan at least 10 days prior to the date of
the hearing; such notice shall include a copy of any such proposed
master plan, or any revision or amendment thereto; and (2) the adoption,
revision or amendment; such notice shall include a copy of the master
plan or revision or amendment thereto.
Any notice made by certified mail pursuant to N.J.S.A. 40:55D-12
and 40:55D-13 shall be deemed complete upon mailing.
A.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
B.
Notice of personal service or certified mail shall be made to the
County Planning Board of: (1) all hearings on the adoption, revision
or amendment of any development regulation at least 10 days prior
to the date of the hearing; and (2) the adoption, revision or amendment
of the capital improvement program or Official Map not more than 30
days after the date of such adoption, revision or amendment. Any notice
provided hereunder shall include a copy of the proposed development
regulation, the municipal Official Map or the municipal capital program
or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section shall state
the date, time and place of the hearing and the nature of the matters
to be considered. Any notice by certified mail pursuant to this section
shall be deemed complete upon mailing.
A.
Development regulations, except for the Official Map, shall not take
effect until a copy thereof shall be filed with the County Planning
Board. A zoning ordinance or amendment or revision thereto, which
in whole or in part is inconsistent with or not designed to effectuate
the land use plan element of the master plan, shall not take effect
until a copy of the resolution required by Subsection a of N.J.S.A.
40:55D-62 shall be filed with the County Planning Board. The Secretary
of the County Planning Board shall, within 10 days of the date of
receipt of a written request for copies of any development regulation,
make such available to the party so requesting with said secretary's
certification that said copies are true copies and that all filed
amendments and resolutions are included. A reasonable charge may be
made by the County Planning Board for said copies.
B.
The Official Map of the municipality shall not take effect until
filed with the County Recording Officer.
C.
Copies of all development regulations and any revisions or amendments
thereto shall be filed and maintained in the office of the municipal
Clerk.[1]
[1]
Editor's Note: Former Section 19-1.7, Appeals to the governing
body, as amended by Ord. No. 16-92, which previously followed this
section, was repealed by Ord. No. 29-95.
