No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he/she has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself/herself from acting on a particular matter, he/she
shall not continue to sit with the Board on the hearing of such matter
or participate in any discussion or decision relating thereto.
A.
Meeting schedule. Meetings of both the Planning Board and Zoning
Board of Adjustment shall be scheduled no less often than once a month
and shall be held as scheduled unless canceled for lack of pending
applications.
B.
Special meetings. Special meetings may be held at the call of the
Chairperson or at the request of any two Board members. Board members
shall be given at least 72 hours advance telephone notice of a special
meeting. The public shall be given notice of such meeting in accordance
with the Open Public Meetings Act[1] and all applicable legal requirements.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
Quorum. No action shall be taken at any meeting without a quorum
being present.
D.
Voting requirements. All action shall be taken by majority vote of
the members of the respective Board present at the meeting except
as otherwise required by the provisions of N.J.S.A. 40:55D-34 and/or
40:55D-70d. Failure of a motion to receive the number of votes required
to approve an application for development shall be deemed an action
denying the application. A member of the Board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on a matter upon which the hearing was conducted, notwithstanding
the absence from one or more of the meetings; provided, however, that
a transcript or recording of all of the hearing from which he/she
was absent exists, and provided, further, that such Board member certifies,
in writing, to the Board that he/she has read such transcript or listened
to such recording.
E.
Meetings open to 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 the requirements of the Open Public Meetings
Act. An executive session for the purpose of discussing and studying
any matters 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.
F.
Minutes. 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 land use assistant.
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.
Such fees shall be established by applicable state or local regulation.
G.
Minutes of closed meetings. At least once a year, each Board shall
review the minutes of all closed meetings held in conformance with
the Open Public Meetings Act to determine whether the minutes may
be made public.
A.
Requirement for hearing. The Planning Board or Zoning Board of Adjustment
shall hold a hearing on each application for development or on the
adoption, revision or amendment of the Master Plan. Each Board shall
make rules governing such hearings consistent with the provisions
of N.J.S.A. 40:55D-1 et seq. or this chapter.
B.
Maps, plans and documents to be available for public inspection.
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 business hours in the office
of the administrative officer. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C.
Payment of taxes. 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 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 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 City will be adequately protected.
D.
Oaths and subpoenas. The officer presiding at the hearings or such
person as he/she may designate shall have 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 Municipality
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.),
shall apply.
E.
Testimony and cross-examination. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer or attorney for the Board, 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.
F.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
G.
Record of proceedings. The Board shall provide for the verbatim recording
of the proceedings by either a stenographer or mechanical or electronic
means. The Board shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
Fees shall be established by applicable state or local regulation.
H.
Notice of hearings. Notices of hearings shall be given for all applications
for development and appeals of administrative officer decisions pursuant
to N.J.S.A. 40:55D-12. Whenever a hearing is required on an application
for development pursuant to this section, the applicant shall give
notice thereof as follows:
1.
Public notice shall be given by publication in the official newspaper
of the City, if there is one, or in a newspaper of general circulation
in the City at least 10 days prior to the date of the hearing.
2.
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 such hearing,
provided that this requirement shall be deemed satisfied by notice
to a condominium association, in the case of any unit owner whose
unit has a unit above or below it, or a horizontal property regime,
in the case of a co-owner whose apartment has an apartment above or
below it. Such notice shall be given by either serving a copy thereof
on the owner as shown on said current tax duplicate or his/her agent
in charge of the property or by mailing a copy thereof by certified
mail to the property owner at his/her address as shown on said current
tax duplicate. 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.
3.
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.
4.
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 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 a municipal boundary.
5.
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.
6.
Notice shall be given by personal service or certified mail to the
Director of the Division of State Regional Planning in the Department
of Community Affairs 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 City Clerk pursuant to N.J.S.A. 40:55D-10b.
7.
Notice shall be given by personal service or certified mail to all
individuals having requested to be served.
8.
Notice shall be given by personal service or certified mail of a
hearing on development applications to a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the City and has registered with the City in accordance with
N.J.S.A. 40:55D-12.1.
9.
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.
10.
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.
11.
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; 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 City
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.
I.
List of property owners furnished. Pursuant to the provisions of
N.J.S.A. 40:55D-12c, the Tax Assessor of the City of Summit shall,
within seven days after receipt of a request therefor and upon receipt
of payment of a fee of $11, 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 35-4.3H of this chapter.
J.
Decisions.
1.
Resolutions. The Board shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The Board shall provide
the findings and conclusions through:
a.
A resolution adopted at a meeting held within the time period provided
in the MLUL for action by the Board on the application for development;
or
b.
A memorializing resolution shall be adopted at a meeting held not
later than 45 days after the date of the meeting at which the Board
voted to grant or deny approval. Only the members of the Board who
voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9,
resulting from the failure of a motion to approve an application,
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the Board
and not to be an action of the Board; however, the date of the adoption
of the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publications required by this subsection.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys' fees, shall be assessed
against the municipality.
2.
Copies of decision. 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 administrative officer. The administrative officer shall make
a copy of such filed decision available to any interested party for
a reasonable fee and available for public inspection at his or her
office during reasonable hours.
3.
Publication of notice of decision. A brief notice of the decision
shall be published in the official newspaper of the municipality.
Such publication shall be arranged at the applicant's expense by the
administrative officer, provided that nothing contained in this chapter
shall be construed as preventing the applicant from arranging such
publication if he or she so desires. The period of time in which an
appeal of the decision may be made shall run from the first publication
of the decision, whether arranged by the Board or the applicant.
A.
In the event that an applicant submits an application proposing a
development that is barred or prevented, directly or indirectly, by
a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Board shall process such application in accordance with this chapter,
and if such application complies with all City regulations, the Board
shall approve such application, conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application requires
an approval by a governmental agency other than the Board, the Board
shall, in appropriate instances, condition its approval upon the subsequent
approval of such governmental agency. The Board shall make a decision
on any application within the time period provided in this chapter
or within an extension of such period as has been agreed to by the
applicant, unless the Board is prevented or relieved from so acting
by the operation of law.
C.
Conditions binding. All conditions of preliminary and final approval
shall be binding upon the applicant, all present and future owners,
tenants, users and occupants of the property and their respective
successors and assigns.
D.
Failure to maintain. The applicant and any successor in interest
shall be responsible for installing and maintaining in good order
and condition all required improvements and landscaping, unless such
improvements and landscaping are to be installed by, and/or dedicated
to and maintained by, the City, county or another party under the
terms of approval granted by the Board. Such required improvements
shall include, but not be limited to, parking improvements, buffer
zones, drainage facilities, exterior lighting and landscaping. Failure
of any responsible party to install and/or maintain required improvements
or landscaping shall constitute a violation of this chapter and shall
be subject to the enforcement procedures set forth herein.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party, or by a directive or order issued by any state agency, political
subdivision or court of competent jurisdiction, to protect the public
health or welfare, and the developer is otherwise ready, willing and
able to proceed with said development, the running of the period of
approval under this chapter shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
Any variance from the terms of this chapter hereafter granted
by either Board permitting the erection or alteration of any structure
or permitting a specified use of any premises shall expire by limitation
unless a construction permit has been obtained for such construction,
alteration or conversion for each and every structure permitted by
said variance, or unless such specified use has actually been commenced,
within one year from the date of publication of the notice of the
decision of the Board granting the variance; except, however, that
the running of the period of limitation herein provided shall be suspended
from the date of filing an appeal from the decision of the Board or
to a court of competent jurisdiction, until the termination in any
manner of such appeal or proceeding. The approving authority may,
for good cause shown, extend the period for securing a construction
permit for an additional period not exceeding 12 months.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and the Zoning Board of Adjustment an index
of the natural resources of the municipality, the Planning Board or
the Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either Board. Failure of the Planning Board or Zoning
Board of Adjustment to make such informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.
Whenever the Historic Preservation Commission has prepared and
submitted to the Planning Board and the Zoning Board of Adjustment
an index of the historic resources of the municipality, the Planning
Board or the Zoning Board of Adjustment shall make available to the
Historic Preservation Commission an informational copy of every application
for development submitted to either Board. Failure of the Planning
Board or Zoning Board of Adjustment to make such informational copy
available to the Historic Preservation Commission shall not invalidate
any hearing or proceeding.
