[1980 Code § 128-24; amended by Ord. No. 1348; Ord. No. 2288]
A.
Applications to the Municipal Land Use Board shall be submitted in
accordance with the Application Submission Schedule which is attached
hereto and is specifically incorporated herein.[1]
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter in Appendix I.
B.
An application for development shall be complete for purposes of
commencing the applicable time period for action by the Board when
so certified by the Board or its authorized committee or designee.
In the event that the agency, committee or designee does not certify
the application to be complete within forty-five (45) days of the
date of its submission, the application shall be deemed complete upon
the expiration of the forty-five (45) day period for purposes of commencing
the applicable time period, unless the application lacks information
indicated on a checklist adopted pursuant to this chapter and provided
to the applicant and the Board or its respective authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within forty-five (45) days of submission of the
application. The applicant may request that one (1) or more of the
submission requirements be waived, in which event, the Board or its
respective authorized committee shall grant or deny the request within
forty-five (45) days. This shall not be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The Board may subsequently
require correction of any information found to be in error and submission
of additional information not specified in this chapter 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
Board.
C.
For purposes of this section, each Board will establish a checklist.
[1980 Code § 128-24.1; Ord. No.
2288]
No member of the Municipal 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 Board
on the hearing of such matter nor participate in any discussion or
decision relating thereto.
[1980 Code § 128-24.2; added by Ord. No. 1348; Ord. No. 2288]
Any member of the Municipal Land Use Board, except Class I members,
and any alternate members of the Board may, after public hearing,
if he requests one, be removed by the Governing Body for cause.
[1980 Code § 128-25; Ord. No. 2288]
The Municipal Land Use Board shall adopt and may amend reasonable
rules and regulations not inconsistent with N.J.S.A. 40:55D and other
ordinances, for the administration of their respective functions,
powers and duties. Copies of such rules and regulations and amendments
thereto shall be maintained in the office of the Borough Clerk and
shall be furnished upon request to any person, for which furnishing
a reasonable fee may be charged. The Board shall fix the time and
place for holding regular meetings for business authorized to be conducted
by such Board.
[1980 Code § 128-26; added by Ord.
No. 1348; Ord. No. 1367; Ord. No. 2288]
A.
Meetings of the Municipal Land Use Board 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 (2) Board members, which meetings shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of the members of the
Board present at the meeting, except as otherwise provided by any
provision of N.J.S.A. 40:55D-1 et seq. The failure of a motion to
receive the number of votes required to approve an application for
development shall be deemed an action denying the application.
E.
All regular meetings and all special meetings shall be open to the
public in accordance with the requirements of the Open Public Meetings
Act, N.J.S.A. 10:4-6 et seq.
F.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote Alternate
No. 1 shall vote.
[1980 Code § 128-27]
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 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 Board.
[1980 Code § 128-28; amended by Ord. No. 1348; Ord. No. 2288]
[1980 Code § 128-29; amended by Ord. No. 1348]
A.
Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
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 provisions of 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 limitations 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 Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense and shall
not charge such interested party more than the maximum permitted by
N.J.S.A. 2A:11-15. Such transcript shall be certified in writing by
the transcriber to be accurate.
F.
Maps and Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection,
at least ten (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, clarify or supplement the previously filed maps and
documents.
[1980 Code § 128-30; added by Ord.
No. 1348]
A hearing, with notice as described hereafter, shall be required
for all applications for development, including conventional site
plan review pursuant to N.J.S.A. 40:55D-46, except for minor site
plan review pursuant to N.J.S.A. 40:55D-46.1 or minor subdivisions
pursuant to N.J.S.A. 40:55D-48. In the event that minor subdivision
review or minor site plan review is made pursuant to N.J.S.A. 40:55D-60
or N.J.S.A. 55D:61, then a hearing and notice shall be required. Whenever
a hearing is required as provided herein, 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 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 duplicate or duplicates, located in the State and
within two hundred (200) feet in all directions of the property which
is the subject of such hearing, whether located within or without
the municipality in which the applicant's land is located, 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
the 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 the 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 two hundred (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 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 Subsection B hereof of 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 a 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
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 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 Borough Clerk pursuant to Subsection b of N.J.S.A. 40:55D-10.
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
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.
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; 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 as required
by law.
J.
Notice pursuant to Subsections C, D, E and F of this section shall
not be deemed to be required unless public notice pursuant to Subsection
A and notice pursuant to Subsection B of this section are required.
[1980 Code § 128-31; amended by Ord. No. 1348]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the Borough of Roselle Park shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of twenty-five ($0.25) cents per name or ten ($10) dollars whichever is greater, 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 § 40-308B.
[1980 Code § 128-32; amended by Ord. No. 1348]
A.
Each decision on any application for development shall include findings
of fact and conclusions based thereon and shall be reduced to writing.
The findings and conclusions shall be provided through:
1.
A resolution adopted at a meeting held within the time period provided
in this chapter for action on an application for development; or
2.
A memorializing resolution adopted at a meeting held not later than
forty-five (45) days after the date of the meeting at which the vote
to grant or deny was approved. Only the members of the Planning Board
or Board of Adjustment 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 of the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the action of the Planning Board or Board of Adjustment and not to
be an action of the Planning Board or Board of Adjustment; 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 Subsections h and I of N.J.S.A. 40:55D-10. If the Planning
Board or Board of Adjustment fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court of New Jersey in a summary manner for an order
compelling the Planning Board or Board of Adjustment 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 Borough of Roselle Park.
B.
A member of the Planning Board or Board of Adjustment who was absent
for one (1) 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 (1) 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.
C.
A copy of the decision shall be mailed by the Board within ten (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 have
paid the fee prescribed by the Board for such service. A copy of the
decision shall also be filed in the office of the Borough 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
and available for public inspection at the Clerk's office during reasonable
hours.
D.
The decision, and thereby the accompanying resolution as prescribed
in Subsection A of this section, shall be explicitly enforceable by
the Construction Official, Zoning Officer, or their respective designee(s)
assigned from within the Department of Code Enforcement. Actions,
omissions, or other deviations from any decision promulgated by the
Municipal Land Use Board shall be considered a violation of the Municipal
Code by reference hereto and shall be subject to a fine of not more
than $2,000 for each and every day that such a violation shall exist.
[Added 2-6-2020 by Ord.
No. 2607]
[1980 Code § 128-33; amended by Ord. No. 1348]
A brief notice of every final decision shall be published in
one (1) of the official newspapers of the Borough. 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. This shall not prevent the applicant from arranging to
such publication if he so desires. Such notice shall be sent to one
(1) of the official newspapers for publication within ten (10) days
of the date of any such decision. 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.
