No one member of the Planning Board 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 hearings for such matter nor participate
in any discussions relating thereto.
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 the 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 the production of the minutes for his
use as provided for by ordinance.
[Amended 5-13-1980 by Ord. No. 80-717]
Fees for applications or for the rendering of
any service by the Planning Board or any member of its administrative
staff or, in the proper case, the municipality shall be provided by
ordinance.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A. Public notice
shall be given by publication in the official newspaper of the municipality
at least 10 days prior to the date of hearing.
B. 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 lines of the property which is the subject of such
hearing and whether located within or without the Borough of Montvale
but within the state; provided, however, 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. 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 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. Such notice shall be given by:
[Amended 5-13-1980 by Ord. No. 80-717]
(1) Serving a
copy thereof on the owner, as shown on said current tax duplicate,
or his agent in charge of the property; or
(2) Mailing a
copy thereof by certified mail, return receipt requested, to the property
owner at his address as shown on said current tax duplicate.
C. 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
B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be
given by personal service or certified mail, return receipt requested,
to the County Planning Board of any hearing for 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 situate within 200 feet of the municipal
boundary and in all other instances where a county or state ordinance,
statute, resolution or regulation shall so require.
E. 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.
F. Notice shall be
given by personal service or certified mail to the State Planning
Commission 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 Municipal
Clerk pursuant to the acts of the legislature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G. All notices hereinbefore
specified in this section shall be given at least 10 days prior to
the date fixed for hearing, and the applicant shall file an affidavit
of proof of service with the Board holding the hearing on the application
for development.
H. Any notice made
by certified mail as hereinabove required shall be deemed served upon
mailing in accordance with the applicable legislative provisions.
I. 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; the identification of the property proposed for development,
by street address, if any, and by reference to lot and block numbers
as shown on the current tax duplicate in the Municipal Tax Assessor's
office; and the location and time at which any maps and documents
for which approval is sought are available as required by law.
[Amended 5-13-1980 by Ord. No. 80-717; 12-9-1986 by Ord. No.
86-821: 7-10-1990 by Ord. No. 90-907]
Pursuant to the provisions of N.J.S.A. 40:55D-12c,
the administrative officer of the Borough of Montvale shall, within
seven days, make and certify a list from said current tax duplicate
of names and addresses or owners to whom the applicant is required
to give notice, pursuant to § 65-21B of this chapter. 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, provided that such
failure was the result of mere inadvertence. A sum not to exceed $0.25
per name or $10, whichever is greater, shall be charged for such list.
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, as the case may be, 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 3-8-1994 by Ord. No. 94-961]
Pursuant to the provisions of N.J.S.A. 40:55D-65h and 40:55D-39e, every application for any approval which is required pursuant to Chapter
400, Zoning, and every application for a subdivision, site plan approval or conditional use 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 either Board or the Borough Zoning Officer shall be conditioned on either the payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
In all actions wherein a review is sought of
a final determination of the Planning Board before the Superior Court
and in the case of any further appeal therefrom wherein the Borough,
its Building Subcode Official or any municipal agent or employee is
also named as a party defendant, the Borough Attorney shall appear
in such actions and appeals on behalf of all parties therein named;
provided, however, that the governing body has not assumed a position
contrary to or inconsistent with the final determination of the Planning
Board then under review.
In all instances wherein the Planning Board
shall grant subdivision, site plan or conditional use approval requiring
the construction or extension of municipal improvements, the dedication
of lands for public use, the construction of site improvements or
other performance for which a security may be required, there shall
be executed by the developer an agreement between it and the Borough
of Montvale to be drawn by the Borough Attorney, specifying the nature
and extent of the developer's obligations.
[Added 5-13-1980 by Ord. No. 80-717]
A. The time allowed
for installation of the improvements for which the performance guaranty
has been provided may be extended by the governing body by resolution.
As a condition or as part of any such extension, the amount of any
performance guaranty shall be increased or reduced, as the case may
be, to an amount not to exceed 120% of the cost of the installation
as determined as of the time of the passage of the resolution.
B. Upon substantial
completion of all required appurtenant utility improvements and the
connection of same to the public system, the obligor may notify the
governing body, in writing, by certified mail, addressed in care of
the Municipal Clerk, of the completion or substantial completion of
improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Municipal Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the governing body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected
shall be set forth.
C. The governing
body shall either approve, partially approve or reject the improvements
on the basis of the report of the Municipal Engineer and shall notify
the obligor, in writing, by certified mail, of the contents of said
report and the action of said approving authority with relation thereto
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty, except for that portion adequately sufficient to secure
provision of the improvements not yet approved, provided that 30%
of the amount of the performance guaranty posted may be retained to
ensure completion of all improvements. Failure of the governing body
to send or provide such notification to the obligor within 65 days
shall be deemed to constitute approval of the improvements, and the
obligor and surety, if any, shall be released from all liability pursuant
to such performance guaranty for such improvements.
D. The obligor shall
reimburse the municipality for all reasonable inspection fees paid
to the Municipal Engineer for the foregoing inspection of improvements,
provided that the municipality may require of the developer a deposit
for all or a portion of the reasonably anticipated fees to be paid
to the Municipal Engineer for such inspection.
E. In the event that
final approval is by stages or sections of development, the provisions
of this section shall be applied by stage or section.
[Added 8-9-1994 by Ord. No. 94-973]
Where any application is approved for new construction,
the alteration or expansion of an existing structure or the devotion
of an existing structure to a more intense use, the applicant shall
also be responsible for the payment of development fees in accordance
with Article VII of this chapter.