[Ord. No. 581 § 5-1.1]
The Planning Board shall hold a hearing on each proposed adoption,
amendment or revision to the Master Plan. Any maps and documents proposed
or for which approval is sought shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours.
[Ord. No. 581 § 5-1.2]
Notice of hearing by publication shall be given by the Planning
Board as to the proposed adoption, amendment or revision of the Master
Plan, at least 10 days prior to the date of the hearing.
The notice shall state the date, time and place of the hearing,
the nature of the matters to be considered and the location and times
at which any Master Plan maps and documents proposed or for which
approval is sought are available.
Notice shall also be given by personal service or certified
mail to the Clerk of any adjoining municipality in cases involving
property located within 200 feet of such municipality and to the County
Planning Board. The notice to the County Planning Board shall also
include the Master Plan proposed for adoption or any proposed amendment
or revision thereof.
[Ord. No. 581 § 5-1.3]
Notice of each adoption, amendment or revision of the Master
Plan shall be given to the County Planning Board by the Board by personal
service or certified mail not more than 30 days after the date of
such adoption, amendment or revision, and such notice shall include
a copy of such adopted Master Plan, amendment or revision.
[Ord. No. 581 § 5-2.1]
The Governing Body shall hold a hearing before adopting, amending
or revising any development regulation, any capital improvement program,
and the Official Map that has been recommended to it by the Planning
Board.
[Ord. No. 581 § 5-2.2]
Notice of hearing by publication shall be given by the Governing
Body as to the proposed adoption, amendment or revision to any development
regulation, Official Map or Capital Improvements Program at least
10 days prior to the date of the hearing.
The notice shall state the date, time and place of the hearing,
the nature of the matters to be considered and the location and times
at which pertinent documents are available for inspection.
Notice of such hearing shall be given by personal service or
certified mail at least 10 days prior to the date of the hearing to
the County Planning Board and, in cases involving property situated
within 200 feet of an adjoining municipality, to the Clerk of such
municipality.
[Ord. No. 581 § 5-2.3]
Notice of the adoption of any Official Map or Capital Improvement
Program or amendment or revision thereof shall be given by the Governing
Body to the County Planning Board by personal service or certified
mail within 30 days after the date of such adoption, and said notice
shall include a copy of such adopted Official Map, Capital Improvement
Program, Amendment or Revision.
[Ord. No. 581 § 5-2.4]
No development ordinance or any amendment or revision thereof
shall take effect until a copy thereof is filed with the County Planning
Board; and the Official Map shall not take effect until filed with
the County Clerk.
[Ord. No. 581 § 5-3]
Any interested party may appeal to the Governing Body from any Final Approval of the Zoning Board of Adjustment as delineated in § 3-16.
[Ord. No. 581 § 5-3.1]
Such appeal shall be made within 10 days after the date of publication
of the decision pursuant to N.J.S.A. 40:55D-17 by serving upon the
Borough Clerk personally or by certified mail a Notice of Appeal specifying
the grounds thereof and the name and address of the appellant and,
if represented, his attorney and by paying to the Borough Clerk for
the use of the Municipality a fee of $50. A copy of such notice shall
be filed by the appellant with the Approving Authority.
[Ord. No. 581 § 5-3.2]
An appeal to the Governing Body shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made, unless the municipal agency from whose action the appeal
is taken certifies to the Governing Body, after the Notice of Appeal
has been filed with such agency, that by reason of facts stated in
the certificate a stay would, in the agency's opinion, cause imminent
peril to life or property; and in such case, proceedings shall not
be stayed other than by order of the Superior Court on application
and upon notice to the agency and on good cause shown.
[Ord. No. 581 § 5-3.3]
An appeal shall be decided by the Governing Body only upon the record established before the Approving Authority, and the appellant shall arrange for a transcript in accordance with N.J.S.A. 40:55D-17 or otherwise for use by the Governing Body. Costs of the transcript are to be deposited before the appeal is perfected, if the Borough is required to produce the transcript. Where the Borough is required to produce the transcript, the costs shall be reduced by the $50 deposit required in Subsection 5-3.1 above; however, the reduced amount shall not be less than $50.
[Ord. No. 581 § 5-3.4]
Notice of the meeting to review the record shall be given by
the Governing Body by personal service or certified mail to the appellant,
to those entitled to notice of the Municipal Agency's decision pursuant
to N.J.S.A. 40:55D-17 and to the Board from which the appeal was taken
at least 10 days prior to the date of the meeting.
[Ord. No. 581 § 5-3.5]
The parties may submit oral and written argument on the record
at such meeting, and the Governing Body shall provide for verbatim
recording and transcripts of such meeting in the manner provided by
N.J.S.A. 40:55D-17.
[Ord. No. 581 § 5-3.6]
The Governing Body may affirm, reverse or remand, wholly or
in part, or may modify, the final decision appealed from, and the
affirmative vote of a majority of the full authorized membership of
the Governing Body shall be necessary to reverse, remand or modify
the same.
[Ord. No. 581 § 5-3.7]
The appellant shall, either within five days of service of the notice of the appeal pursuant to § 5-3 of this chapter, arrange for a transcript pursuant to Subsection 4-6.5 of this chapter for use by the Borough Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Borough Council 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 § 4-10 of this chapter unless the applicant consents in writing to an extension of such period. Failure of the Borough Council 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, from which the appeal has been taken.
[Ord. No. 581 § 5-3.8]
The Governing Body, not later than 10 days after the date of
its decision, shall mail a copy thereof to the appellant or if represented,
then to his attorney, without separate charge, and for a reasonable
charge, to any other interested party who requests it.
[Ord. No. 581 § 5-3.9]
The Governing Body shall cause a brief notice of its decision
to be published and may make a reasonable charge for such publication.
The appellant also may cause such publication to be made if he so
desires. The time for appeal from the Governing Body's decision to
a court of competent jurisdiction shall run from the first publication,
whether made by the municipality or the appellant.
[Ord. No. 581 § 5-4]
In the event that during the period of effectiveness provided
for the approval of any application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare, and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of effectiveness of approval
under this chapter shall be suspended for the period of time the legal
action is pending or such directive or order is in effect.
