No member of the Planning Board or the 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 action on a particular matter, he/she
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 Borough 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/her use as provided
for in the rules of the Board.
Fees for application or for the rendering of any service by
the Planning Board or the Board of Adjustment or any member of their
administrative staffs which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board,
and copies of such rules or of the separate fee schedule shall be
available to the public.
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the Borough agency in question, the applicant shall give notice
thereof as follows:
A. Public notice. Public notice shall be given by publication in the
official newspaper of the Borough at least 10 days prior to the date
of the hearing.
B. Owners of adjacent property. 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 and whether located within or without
the municipality in which the applicant's land is located. Such notice
shall be given by:
(1) Serving a copy thereof on the owner as shown on the current tax duplicate
of his/her agent in charge of the property.
(2) Mailing a copy thereof by certified mail to the property owner at
his/her address as shown on the current tax duplicate. A return receipt
is not required.
(3) Notice to a partnership owner may be made by service upon any partner.
(4) 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.
C. Adjoining municipality. 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. Such 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. County Planning Board. 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.
E. Commissioner of transportation. 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. Director of the Division of State and Regional Planning. Notice shall
be given by personal service or certified mail to the Director of
the Division of State and 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 municipal
Clerk pursuant to Section 6B of Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1
et seq.
G. Proof of service. All notices hereinabove specified in the subsection
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. Completion by certified mail. Any notice made by certified mail as
hereinabove required shall be deemed to be complete upon mailing in
accordance with the provisions of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state:
(1) The date, time and place of hearing.
(2) The nature of the matters to be considered.
(3) 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.
(4) The location and times at which any maps and documents for which
approval is sought are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Building Official shall, within seven days after receipt of a request therefor, and upon receipt of payment of a fee as provided in Chapter
235, Article
I, Development Application Fee Schedule, 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 §
585-41B of this chapter.
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 the Board of Adjustment,
as the case may be, without 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.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the 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 it is
shown that taxes or assessments are delinquent on such 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.