[Ord. No. 94-29 § 118-6A]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
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 Board members, which meetings shall be
held on notice to the Board's 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 a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6.
[Ord. No. 94-29 § 118-6B]
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 Administrative Officer.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction.
[Ord. No. 94-29 § 118-6C]
a.
Rules. The Planning Board and Zoning Board of Adjustment shall hold
a hearing on each application for development and 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.
Filing of Documents. 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 Board Secretary. The applicant may produce
other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
c.
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.
d.
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.
e.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
f.
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.
[Ord. No. 94-29 § 118-6D]
Whenever public notice of a hearing is required on an application
for development, the applicant shall give notice thereof at least
10 days prior to the date of the hearing in accordance with the following:
a.
Public notice of a hearing on an application for development shall
be given for all of the following:
1.
Appeal or variance pursuant to N.J.S.A. 40:55D-70 or any subsequent
application pursuant to N.J.S.A. 40:55D-12a.
2.
Directive for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or 40:55D-36.
3.
Conditional uses pursuant to N.J.S.A. 40:55D-67.
4.
Preliminary subdivision plats.
6.
Planned development preliminary site plans.
b.
Public notice shall be given by publication in the official newspaper
of the municipality, if there is one, or in a newspaper of general
circulation in the municipality.
c.
Notice of hearing requiring public notice pursuant to this section
shall be given to the owners of all real property, as shown on the
current tax duplicate or duplicates, located within 200 feet in all
directions of the property which is the subject of such hearing and
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. Such notice shall be given by serving a copy thereof
on the 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.
A return receipt is not required. 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 homeowner's association,
because of its ownership of common element or area 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.
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, which notice shall be in addition to the notice required to be given pursuant to Subsection 35-7.4a3 of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
e.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications 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 the New Jersey Department of Transportation of a hearing
on any 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 any 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 Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
h.
The applicant shall file an affidavit of proof of service with the
Board holding the hearing on the application for development.
i.
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.
j.
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 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 Township Tax Assessor's office; and the location
and times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
[Ord. No. 94-29 § 118-6E]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, 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 Subsection 35-7.4a3 of this chapter.
[Ord. No. 94-29 § 118-6F]
a.
Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which resolution shall include
findings of fact and legal conclusions based thereon.
b.
A copy of the decision shall be mailed by the Administrative Officer
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 in an amount sufficient
to cover the cost of such mailing. A copy of the decision shall also
be filed by the municipal agency in the office of the Board Secretary.
The Administrative Officer shall make a copy of such filed decision
available to any interested party for a reasonable fee in the amount
sufficient to cover the cost of such copy and available for public
inspection at his office during reasonable hours.
c.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant and proof of publication shall be submitted
to the Board Secretary. The period of time in which an appeal of the
decision may be made shall run from the first, publication of the
decision.
[Ord. No. 94-29 § 118-6G]
a.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by 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 and welfare,
the municipal agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., and
this chapter, and if such application for development complies with
the provisions of this chapter, the municipal agency shall approve
such application conditioned on removal of such legal barrier to development.
b.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the municipal agency shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:55D-1 et seq., or within an extension of such period as
has been agreed to by the applicant unless the municipal agency is
prevented or relieved from so acting by the operation of law.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
[Ord. No. 94-29 § 118-6H]
In the event that, during the period of approval heretofore
or hereafter granted to an 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
the development, the running of the period of approval shall be suspended
for the period of time the legal action is pending or such directive
or order is in effect.
[Ord. No. 94-29 § 118-6I]
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 applications.
[Ord. No. 94-29 § 118-6J]
Pursuant to N.J.S.A. 40:55D-48.1 et seq., a corporation or partnership
applying to the Planning Board or the Board of Adjustment for permission
to subdivide a parcel of land into six or more lots, or applying for
a variance to construct a multiple dwelling of 25 or more family units
or for approval of a site plan to be used for commercial purposes
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
If a corporation or partnership owns 10% or more of the stock
of a corporation, or 10% or greater interest in a partnership, subject
to disclosure pursuant to Subsection b of this subsection, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or of 10% or greater interest in
the partnership, as the case may be, and this requirement shall be
followed by every corporate stockholder or partner in a partnership,
until the names and addresses of the noncorporate stockholders and
individual partners, exceeding the 10% ownership criterion established
above have been listed.
[Ord. No. 2012-06-OA]
a.
All applicants submitting an application to the Planning Board or Zoning Board of Adjustment for review shall pay a fee in the amount of $25 to the Township to defray the cost of tuition for those persons required to take the course in Land Use Law and Planning as required pursuant to P.L. 2005, c.133, unless exempted in Subsection b2.
b.
Exemptions to Educational Fee Payment.
1.
Board of Education.
2.
Charitable, philanthropic, fraternal, and religious nonprofit organizations
holding a tax exempt status under the Federal Internal Revenue Code
of 1954 (26 U.S.C.s.501(c) or (d)).
3.
Disabled persons, or a parent or sibling of a disabled person as
defined in N.J.S.A. 40:55D-8(e).
