[Ord. No. 97-29 § 501]
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 relating thereto.
[Ord. No. 97-29 § 503]
Minutes of every Public Meeting and Special Public 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, the findings, if any, made by it and reasons therefore.
The minutes, once approved by Board, 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.
[Ord. No. 97-29 § 504]
Fees or charges for submission of applications or for rendering of any service by the Planning Board or Zoning Board of Adjustment or any members of their administrative staffs for review of an application for development, for inspections or for taking of appeals are as set forth in Article
VI or as established in other Borough ordinances establishing fees. Any fee paid for in connection with an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development shall be a credit toward fees for review of the application for development.
[Ord. No. 97-29 § 506; Ord. No. 09-23 § 1]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or as to any matter coming
before the Zoning Board of Adjustment, 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 the hearing.
b. Notice shall be given to the owners of all real property located
in this State as shown on the current tax duplicate or duplicates
within 200 feet in all directions of the property which is the subject
of such hearing, and whether located within or without the municipality.
Such notice shall be given by:
1. Serving a copy thereof on the owner, as shown on the said current
tax duplicates, or his agent in charge of the property; or
2. Mailing a copy thereof, by certified mail to the property owner at
his address, as shown on the current tax duplicate or duplicates.
3. The above requirements shall be deemed satisfied where condominiums
or horizontal property regimes are within 200 feet of applicant's
property, by making service in the following manner:
(a)
If the applicant's property abuts a condominium and the owner
of any unit is within 200 feet of the applicant's property and said
unit has a unit above or below it, by giving notice to the condominium
association.
(b)
If the applicant's property abuts a horizontal property regime
and an apartment of the co-owner is within 200 feet of the applicant's
property and such apartment has an apartment above or below it, by
giving notice to the horizontal property regime.
(c)
If the applicant is the owner of a condominium unit or co-owner
of an apartment, notice shall be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
4. A return receipt is not required. Notice to a partnership owner may
be made 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. Where a condominium association, horizontal property
regime community trust or homeowner's association, own grass, landscaped
areas, driveways, parking lots, recreational facilities, etc., which
are common elements or areas, that are within 200 feet of the property
which is the subject of a hearing, notice 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.
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 Section
35-506b 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 to the
County Planning Board of a hearing on an application for development
or 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 the municipal boundary.
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 N.J.S.A. 40:55D-10(b).
g. In any case where notice is required pursuant to this section, notice
shall be given, in the case of a public utility, cable television
company or local utility which possesses right-of-way or easement
within the Borough and which has registered with the Borough in accordance
with N.J.S.A. 40:55D-12.1, by: (1) serving a copy of the notice on
the person whose name appears on the registration form on behalf of
the public utility, cable television company or local utility, or
(2) mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.
h. All notices hereinabove 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.
i. Notice pursuant to paragraphs c, d, e and f of this section shall
not be required unless public notice pursuant to paragraph a and paragraph
b of this section is required.
j. 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 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 municipal 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.
k. 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 in the Administrator's Office.
l. Notice pursuant to paragraphs c, d, e, and f of this section shall
not be required unless public notice pursuant to paragraph a and paragraph
b of this section is required. Notice under paragraphs a and b is
not required for: (1) conventional site plan review, (2) minor subdivision
approval or (3) final approval pursuant to N.J.S.A. 40:55D-50.
[Ord. 97-29 § 507]
Pursuant to the provisions of N.J.S.A. 40:55D-12c the Tax Assessor of the Borough shall, within seven days after receipt of a request therefore, and upon receipt of a fee not to exceed $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 pursuant to Section
35-506.
[Ord. No. 97-29 § 509; Ord. No. 13-21 § 2]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, with separate charge to the applicant. The notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision.
[Ord. No. 97-29 § 510]
Pursuant to the provisions of 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 or other monies 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 the property, any approvals
or other relief granted by either Board shall be conditioned upon
either the prompt 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.
[Ord. No. 97-29 § 513]
An applicant shall comply with the provisions of this section
whenever the applicant wishes to claim approval of his application
for development by reason of the failure of a municipal agency to
grant or deny approval with the time periods specified in the Municipal
Land Use Law and this chapter.
a. Applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to subsection
(a) of N.J.S.A. 40:55D-12b. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the Borough.
b. The applicant shall file an affidavit of proof of service and publication
with the Secretary of the Planning Board or Zoning Board of Adjustment
as the case may be.
[Ord. No. 97-29 § 514]
All applications for development filed prior to the effective
date of the chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section
35-407.
[Ord. No. 97-29 § 515; Ord. No. 10-24 § 3]
Members of the Planning Board and Zoning Board of Adjustment
on the effective date of this chapter shall continue in office until
the completion of their terms as provided by law immediately prior
to the effective date of this chapter. Any new appointments or reappointments to the Boards shall
be governed by the provisions of this chapter. Members of the Planning
Board and Zoning Board of Adjustment may also be removed for cause,
pursuant to Section 40:55D-23 and 40:55D-69, respectively, as provided
Chapter 291, Municipal Land Use Law, State of New Jersey.