No member of the Land Use 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 Land Use
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
Land Use Board and of the persons appearing by attorney, the action
taken by the Land Use Board and 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
Borough 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 Land Use 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 date of the hearing.
B. Notice shall be given to the owners of all real property as shown
on the current tax duplicate, 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 serving a copy thereof
on the property 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. 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 areas.
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 §
40-26B of this article 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
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 Borough Clerk pursuant to Section 6b of P.L. 1975, c. 291.
G. All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for the hearing, and the
applicant shall file an affidavit of proof of service with the Land
Use Board.
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 Borough's 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 administrative officer of the Borough shall, within seven days after receipt of a request therefor 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
III, §
40-26B, of this chapter.
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 Land Use Board, 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 40:55D-65,
every application for development submitted to the Land Use 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 Land Use 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 Borough will be adequately
protected.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Borough
Engineer when so certified by the Borough 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 the application lacks
the information indicated on the checklist attached to and made a
part of this chapter, a copy of which shall have been provided to
the applicant; or the Borough 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 Borough agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the chapter or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for the 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 agency.
The application for development for the Borough of Allendale
Land Use Board and Schedule A, Checklist for Submissions of Development
Applications, on file with the Secretary of the Allendale Land Use
Board, be and the same is hereby authorized and adopted for use by
the Land Use Board.
The required materials and checklist for the Borough of Allendale
Land Use Board acting as the Zoning Board of Adjustment hearings now
on file with the Land Use Board be and the same is hereby authorized
and adopted for use by the Land Use Board acting as the Zoning Board
of Adjustment.