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.
A. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and any meetings so scheduled shall be held as scheduled, except for lack of applications for development to process.
B. 
Special meetings may be provided 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 a majority vote of the members of the municipal agency present at the meeting, except as is otherwise provided pursuant to chapter 216 of the Laws of New Jersey 1979.[1]
[Amended 5-13-1980 by Ord. No. 80-717]
[1]
Editor's Note: See N.J.S.A. 40:55D-17, 40:55D-26, 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and 40:55D-70.
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 Act, c. 231, P.L. 1975.[2] An executive session for the purpose of discussing and studying any matter to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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.
A. 
Rules. The Planning Board may 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 this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he 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. 
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. The technical rules of evidence shall not be applicable to the hearing, but the Board may, in its discretion, exclude irrelevant, immaterial, incompetent or unduly repetitious evidence.
E. 
Records. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense at a rate specified by ordinance, which rate shall be the maximum permitted by N.J.S.A. 2B:7-4, Transcript; fees.
[Amended 5-13-1980 by Ord. No. 80-717; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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. 
Each decision on any application for development shall be set forth, in writing, in the form of 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. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency 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 municipal agency 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. 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 municipal agency 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 municipal agency and not to be an action of the municipal agency, 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. 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 this chapter.
[Amended 5-13-1980 by Ord. No. 80-717; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if represented by an attorney, to his attorney, without 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 ordinance 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 as prescribed by ordinance.
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.