No member of the Planning Board or Zoning 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 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 Municipal 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.
[Amended 12-2-1982 by Ord. No. 82-13]
Fees charged an applicant for review of an application for development
and an appellant pursuant to Article 8, Zoning, of P.L. 1975, c. 291,
as amended, shall be as established by Article
VI of this chapter.
[Amended 12-2-1982 by Ord. No. 82-13; 3-10-2011 by Ord. No. 2011-01]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township of West Deptford Zoning Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Chapter
11, 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 §
102-28A(2) of this chapter.
[Amended 12-2-1982 by Ord. No. 82-13]
A. Each decision on any application for development shall be set forth
in writing as a resolution of the Board, which shall include findings
of fact and legal conclusions based thereon. Failure of a motion to
approve an application for development to receive the number of votes
required for approval shall be deemed an action denying the application.
(1) The Board may provide such written decision and findings and conclusions
either on the date of the meeting at which the Board takes action
to grant or deny approval, or, if the meeting at which such action
is taken occurs within the final 45 days of the applicable time period
for rendering a decision on the application for development, within
45 days of such meeting by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions of the
Board thereon. An action resulting from the failure of a motion to
approve an application shall be memorialized by resolution as provided
above, notwithstanding the time at which such action occurs within
the applicable time period for rendering a decision on the application.
(2) The adoption of a resolution of memorialization shall not be construed
to alter the applicable time period for rendering a decision on the
application for development. Such resolution shall be adopted by a
vote of a majority of the members of the Board who voted for the action
previously taken, and no other member shall vote thereon. The vote
on such resolution shall be deemed to be a memorialization of an action
of the Board, and not to be an action of the Board; except that failure
to adopt such a resolution within the forty-five-day period shall
result in the approval of the application for development, notwithstanding
any prior action taken thereon.
(3) Whenever a resolution of memorialization is adopted in accordance
with this subsection, the date of such adoption shall constitute the
date of the decision for purposes of the mailings, filings and publications
as required by law.
B. A copy of the decision shall be mailed to all persons who have requested
it and who 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 Municipal
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.
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 Zoning Board
of Adjustment, as the case may be, without separate charge to the
applicant, unless the applicant wishes to make such publication himself.
Said notice shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
[Amended 3-7-1985 by Ord.
No. 85-2]
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 to the Zoning 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.