[Adopted 12-12-00 by Ord. No. 551]
[1]
Editor's Note: Former Article VI, Provisions Applicable to Both Planning Board and Zoning Board of Adjustment was repealed by Ordinance No. 551 which eliminated the Zoning Board of Adjustment and combined its functions with that of the Planning Board.
A. 
Regular meetings of the Planning 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 called by the Chairman or on request of any two Board members which 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 action shall be taken by a majority of the vote of the members present except as otherwise provided in the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.), or the Open Public Meetings Law (N.J.S.A. 10:4-6, et seq.) or as provided in this ordinance.
E. 
The provisions of the Open Public Meetings Law, where applicable, shall be observed.
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, any action taken by the Board and the findings, conclusions and reasons for any action taken if said findings, conclusions and reasons are required by law. If said findings, conclusions and reasons are reduced to a formal resolution, the minutes may incorporate said resolution by reference in discharging this obligation to record. 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 use as provided for in the rules of the Board.
A. 
Whenever a hearing is required on an application for development pursuant to the provisions of this chapter, the applicant shall give notice thereof as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) 
Notice 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. Such notice shall be given by serving a copy thereof on the owner as shown on said 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 said current tax duplicate. A return receipt is not required. Notice to a partnership 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.
(3) 
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 A(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) 
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 200 feet of a municipal boundary.
(5) 
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.
(6) 
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 150 acres or 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 N.J.S.A. 40:55D-10.
B. 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing for the development application. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with N.J.S.A. 40:55D-14.
C. 
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 and the 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 Borough 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.
D. 
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Assessor shall, within seven days after a receipt of a request therefor and upon receipt of payment of a fee of twenty-five cents ($0.25) per name or $10, 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.
[Amended 12-12-00 by Ord. No. 551]
A. 
Rules. The Planning Board shall make rules governing the conduct of hearings which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1, et seq., or of this chapter.
[Amended 12-12-00 by Ord. No. 551]
B. 
Oaths. The officer presiding at the hearing or such persons 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. The 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 or her expense.
[Amended 12-12-00 by Ord. No. 551]
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 thereon.
B. 
The Board may provide such written decision and findings and conclusions either on the date of the meeting at which a decision is made or within 45 days of such meeting by the adoption of a resolution of memorialization pursuant to N.J.S.A. 40:55D-10g. Such resolution shall be adopted by a vote of the members who voted for the action previously taken, and no other member shall vote thereon. The vote on such a resolution shall be deemed a memorialization of an action of the Board and not to be an action of the Board, and it shall not be construed to alter the applicable time period for rendering a decision of a development application. 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 the purposes of the mailings, filings and publications required by Subsections C and D.
C. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney without a separate charge. A copy of the decision shall also 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 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.
D. 
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Planning Board Secretary without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 12-12-00 by Ord. No. 551]
No member of the Planning Board shall act on any matter in which he or she has either, directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in further discussion or decision relating thereto.
[Amended 12-12-00 by Ord. No. 551]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application submitted to the Planning Board 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 the Board shall be conditioned upon the prompt payment of such taxes and/or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Amended 12-12-00 by Ord. No. 551]
Fees due and payable with applications to the Planning Board shall be established by a separate fee ordinance.