[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Words and phrases used in this article shall be as defined in the definition sections of the Municipal Land Use Law, N.J.S.A. 40:55D-3 to 40:55D-8, and § 296-3 of this chapter.
A. 
Administrative procedures. The Municipal Agency shall adopt and may amend reasonable rules and regulations, not inconsistent with the provisions of the Municipal Land Use Law or this Code, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Planner.
B. 
Organization; officials. The Municipal Agency shall elect its own Chair and Vice Chair from its own membership. In the case of the Planning Board, they shall be elected from the Class IV membership. The Municipal Agency shall select a Secretary who may or may not be a member of said Agency or a Township employee.
C. 
Employment; compensation of experts and staff. The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Township Attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
D. 
Conflict of interest. No member of the Municipal Agency shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
A. 
Regular and special meetings. The Municipal Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such Agency. Regular meetings of the Board shall be scheduled not less than once a month and shall be held as scheduled unless cancelled for lack of applications for development to process. The Board may provide for special meetings, at the call of the Chair, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with Township regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the Board present at the meeting, except as follows:
(1) 
A permit for buildings or structures in the bed of any street, public drainageway, flood control basin or public area shown on the Official Map shall require an affirmative vote of a majority of the full authorized membership.
(2) 
Granting a variance to allow a structure or use in a district restricted against such structure or use shall require five affirmative votes of the Zoning Board of Adjustment membership.
B. 
Open to the public. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with Township regulations. An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting.
C. 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning 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 Township Planner. 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 for his or her use.
The following shall apply:
A. 
The Municipal Agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan. 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 working hours in the office of the Planning Board. The applicant may produce other documents, records or testimony at the hearing to substantiate or classify or supplement the previously filed maps and documents.
B. 
The Chair of the Municipal Agency presiding at the hearing or such person as he or she may designate shall have the 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, P.L. 1953, c. 38, N.J.S.A. 2A:67A-1 et seq., shall apply.
C. 
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. 
Technical rules of evidence shall not be applicable to the hearing, but the Agency may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
The Municipal Agency shall provide for the verbatim recording of the proceedings by either stenographer, 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. The Municipal Agency, in furnishing a transcript of the proceedings to an interested party at his or her expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript shall be certified in writing by the transcriber to be accurate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Each decision on any application for development shall be reduced to writing as provided in this section and shall include findings of facts and conclusions based thereon.
(1) 
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.
(2) 
The Municipal Agency 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
The adoption of a resolution of memorialization pursuant to this subsection 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 members shall vote thereon.
(4) 
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 required by Subsections G and H.
G. 
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 or her attorney, without separate charge and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Board in the office of the Township Planner. The Township Planner shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at this office during reasonable hours.
H. 
A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Board. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Notice of application. Notice pursuant to Subsection A(1), A(2), A(4), A(5), A(6) and A(7) shall be given by the applicant. Notice shall be given at least 10 days prior to the date of the hearing.
(1) 
Public notice of a hearing on an application for development shall be given, except for conventional site plan review (minor, preliminary and/or final site plans) pursuant to Article XI wherein fewer than five off-street parking spaces are proposed or fewer than five off-street additional parking spaces are proposed, minor subdivision, and final subdivision approval pursuant to Article IX, provided that public notice shall be given in the event that relief is requested pursuant to § 296-6 as part of an application for development otherwise excepted herein from public notice. Public notice of a hearing shall be provided for conventional site plan review as set forth in this Subsection A(1) and for any site plan application requesting a waiver or waivers pursuant to § 296-72A, and for any modification to a site plan previously approved and for which public notice of a hearing was provided. Public notice shall be given by publication in an official newspaper of the Township and by personal service in accordance with the provisions of N.J.S.A. 40:55D-12 of the Municipal Land Use Law.
(2) 
Notice of a hearing requiring public notice pursuant to Subsection A(1) shall be given to the owners of all real property as shown on the current tax duplicate within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any 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 or her agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his or her 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, 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 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.
(3) 
Upon the written request of an applicant, the office of the Tax Collector shall, within seven days, make a certified list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this subsection. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum as provided in Schedule IV, Schedule of Fees, attached to this chapter shall be charged for such list.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
Notice of hearings on application 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.
(5) 
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 map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(6) 
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.
(7) 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of a 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 Township Clerk pursuant to Article VIII of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(8) 
The applicant shall file an affidavit of proof of service with the Planning Board in the event that the applicant is required to give notice pursuant to this subsection.
(9) 
Notice pursuant to Subsection A(4), A(5), A(6) and A(7) shall not be deemed to be required, unless public notice pursuant to Subsection A(1) and notice pursuant to Subsection A(2) are required.
B. 
Effect of mailing notice. Any notice made by certified mail shall be deemed complete upon mailing.
C. 
Proof of service; affidavit. The applicant shall file an affidavit of proof of service with the Board at the time of the hearing.
Contents of a notice of a hearing on an application for development or adoption of a Master Plan shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to an application for development, 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 Township Tax Assessor's office, and the location and time at which any maps and documents for which approval is sought are available pursuant to Article VIII of this chapter.
A member of a Planning Board who was absent for one 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 or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her the transcript or recording of all of the hearing from which he or she was absent and certifies in writing to the Board that he or she has read such transcript or listened to such recording.
The following fees shall accompany each application for development to the appropriate board or official:
A. 
Site plan approval. As stated in § 296-76.
B. 
Subdivision approval. As stated in Article X.
C. 
Planned residential development fees. Total of subdivision and site plan review fees for the appropriate stage of approval.
D. 
Variance fees. Fees for variances from Part 3, Zoning, of this chapter and the cost of taking testimony shall be as set forth in § 296-187.
E. 
Site plan inspection fees. As stated in Article XI.
F. 
Subdivision inspection fees. As stated in Article X.
G. 
Conditional use application. As stated in Schedule IV, Schedule of Fees, attached to this chapter plus appropriate subdivision and site plan fee.
[Amended by Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Sign permits. As stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended by Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
Zoning permits issued pursuant to § 296-184. As stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended by Ord. No. 06-14; Ord. No. 09-24; 12-18-2018 by Ord. No. 18-31; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J. 
Special meeting requests. Applicants requesting a single applicant meeting which is agreed to by the Municipal Agency shall pay an additional fee as stated in Schedule IV, Schedule of Fees, attached to this chapter per single applicant special meeting.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K. 
Zoning certificate of reoccupancy. As stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
L. 
Zoning certifications. As stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended by Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M. 
Temporary signs. As stated in Schedule IV, Schedule of Fees, attached to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Refer to Schedule IV, Schedule of Fees, attached to this chapter.[1]
[1]
Editor's Note: Original § 16.08.110, Appeals to Township Committee, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).