No member of the Planning Board or 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; 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 Planning Department.
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 shall 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 Board of Adjustment or any member of their administrative staffs which are not otherwise provided by Article
III of this chapter may be provided for and adopted as part of the rules of either Board, and copies of said rules or of the separate fee schedule shall be available to the public.
Whenever a hearing is required on any application for development
pursuant to N.J.S.A. 40:55D-12 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 Township at least ten (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 rolls, located in the State and within two hundred
(200) feet in all directions of the property which is the subject
of such hearing and whether located within or without the municipality.
Such notice shall be given by serving a copy thereof on the owner,
as shown on said current tax roll, 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 roll. A return receipt
is not required. Service of notice requirements shall be as set forth
in N.J.S.A. 40:55D-12(b).
C. Notice of all hearings on applications for development involving
property located within two hundred (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 paragraph B of this section to the
owners of lands in such adjoining municipality which are located within
two hundred (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 situated within two hundred (200) feet of a municipal
boundary.
E. 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 one hundred fifty (150) acres or five hundred
(500) dwelling units. Such notice shall include a copy of any maps
or documents required to be on file with the administrative officer
pursuant to Section 6b of the Municipal Land Use Law.
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 or within two hundred (200) feet
of a State highway or State-owned lands.
G. All notices hereinabove specified in this section shall be given
at least ten (10) days prior to the date fixed for hearing, and the
developer 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 complete upon mailing in accordance with the provisions of
N.J.S.A. 40:55D-14.
I. 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; 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 rolls in the Township
Tax Assessor's office; and the location and times at which any maps
or documents for which approval is sought are available as required
by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the Tax
Assessor shall, within seven (7) days after receipt of a request therefor
and upon receipt of payment of a fee of twenty-five ($.25) cents per
name, or ten ($10.00) dollars, whichever is greater, make and certify
a list from the current tax rolls of names and addresses of owners
to whom the applicant is required to give notice pursuant to 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. A reasonable charge may be made to the applicant
for such publication. Said notice shall be sent to the official newspapers
for publication within ten (10) days of the date of 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 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 the prompt payment of such taxes or assessments or the
making of adequate provisions for the payment thereof in such manner
that the municipality will be adequately protected.