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 or decision 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, 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 Municipal Clerk
and copies reproduced at a fee set by the Township.
[Amended 3-24-2009 by Ord. No. 2009-2]
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 the hearing.
B. Method of service.
(1) 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 the hearing and whether located within or
without the municipality in which the applicant's land is located.
Such notice shall be given by:
(a) Serving a copy thereof
on the owner as shown on the current tax duplicate or his agent in
charge of the property; or
(b) 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.
(2) Notice to a partnership owner
may be made by service upon its president, a vice president, secretary
or other person authorized by law to accept service on behalf of the
corporation.
(3) 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. The requirement for individual
notice is limited to owners whose units could have been on separate
lots, such as townhouses.
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 this section to the
citizens 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:
(1) For property contiguous to
an existing county road or proposed road shown on the Official County
Map or on the County Master Plan.
(2) For property adjoining other
county land.
(3) For property situated within
200 feet of an adjoining 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 contiguous
to a state highway. This notice shall not be required if municipal
notice and notice to property owners within 200 feet are not required.
F. Notice shall be given by personal
service or certified mail to the State Planning Commission of 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 administrative officer pursuant to Section
6b of P.L. 1975, c. 291. This notice shall not be required if municipal notice
and notice to property owners within 200 feet are not required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G. 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.
H. Mailing and/or posting of notice.
(1) Any notice made by certified
mail as hereinabove required shall be deemed complete upon mailing
in accordance with the provisions of N.J.S.A. 40:55D-14.
(2) Notice of hearings on applications
for subdivision or a site plan approval not defined as a minor site
plan shall be given to a public utility, cable television company
or local utility which possesses a right-of-way or easement within
the municipality and which has registered with the municipality pursuant
to Chapter 291, Laws of New Jersey 1975 (N.J.S.A. 40:55D-12.1).
I. 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.
Upon the request of an applicant, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely on the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceedings. A sum as provided in Chapter
152 Fees, may be charged for such a list.
Within 10 days of the rendering of a 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 Township
Planner.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application 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 are due or delinquent on the property
which is the subject of such application.