[Amended 8-23-2022 by Ord. No. 5739]
Every municipal agency shall adopt and may amend reasonable
rules and regulations not inconsistent with this chapter for the administration
of its functions, powers and duties and shall furnish a copy thereof
to any person upon request and may charge a reasonable fee for such
copy. Copies of all such rules and regulations and amendments thereto
shall be maintained in the office of the Township Clerk.
[Amended 8-23-2022 by Ord. No. 5739]
No member of the municipal agency 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 agency
on the hearing of such matter or participate in any discussion or
decision relating thereto.
[Amended 8-23-2022 by Ord. No. 5739]
A. Every municipal agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency shall be
scheduled not less than once a month and shall be held as scheduled
unless canceled for lack of applications for development to process.
B. The municipal agency may provide for special meetings at the call
of the Chairman or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with municipal regulations.
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 present
at the meeting, except as otherwise provided by Sections 23, 25, 49
and 50 and Subsections 8e, 17a and 57d or Section 5 of P.L. 1975,
c. 291.
E. All meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, Chapter
231 of the Laws of New Jersey 1975.
F. All applicants must be represented by legal counsel if he or she
is a corporation or partnership.
[Amended 8-23-2022 by Ord. No. 5739]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
municipal agency and of the persons appearing by attorney, the action
taken by the municipal agency, 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 Planning Board. Any interested party shall have the right to compel
reproduction 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 the reproduction of the minutes
for his use, as provided in the rules of the agency.
[Amended 8-23-2022 by Ord. No. 5739]
A. When required. The Planning Board or the Board of Adjustment, as
the case may be, shall hold a hearing on each application for development.
The Planning Board shall also hold a hearing on the adoption, revision
or amendment of a Master Plan. The governing body shall hold a hearing
on the adoption or amendment of a development regulation, an Official
Map or a Capital Improvements Program.
B. Documents. 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
or clarify or supplement the previously filed maps and documents.
C. 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. 1958, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
D. 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.
E. Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the agency may exclude irrelevant, immaterial or
unduly repetitious evidence.
F. 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. The municipal agency, in furnishing a transcript of the proceedings
to any interested party at his expense, shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2A:11-15. Every
transcript shall be certified in writing by the transcriber to be
accurate.
[Amended 8-23-2022 by Ord. No. 5739]
A. Notice of hearing on application for development.
(1)
Public notice of a hearing shall be given for the following
applications for development:
(a)
Any request for a variance.
(b)
Any request for the issuance of a permit to build within the
bed of a mapped street or public drainageway or on a lot not abutting
a street.
(c)
Any request for site plan approval.
(d)
Any request for preliminary subdivision approval.
(e)
Any request for a zone change.
(2)
The Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least two weeks
prior to the public hearing at which the application will be discussed.
Notice of a hearing requiring public notice shall be given by the
applicant at least 10 days prior to the date of the hearing in the
following manner:
(a)
By publication in the official newspaper of the municipality.
(b)
To all owners of real property, as shown on the current tax
duplicate, located within 200 feet in all directions of the property
which is the subject of the hearing, which notice shall be given by
serving a copy thereof on the property owner, as shown on the current
tax duplicate, or his agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. It is not required that a
return receipt be obtained. Notice is deemed complete upon mailing.
(See N.J.S.A. 40:55D-14.)
(c)
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, 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.
(d)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
(e)
To the County Planning Board when the application for development
involves property adjacent to an existing county road or proposed
road shown on the County Official Map or the County Master Plan or
adjoins other county land.
(f)
By personal service or certified mail to the Commissioner of
Transportation of the State of New Jersey when the property abuts
a state highway.
(g)
By personal service or certified mail to the State Planning
Commission when the hearing involves an application for development
of property which exceeds 150 acres or 500 dwelling units, in which
case the notice shall include a copy of any maps or documents required
to be on file with the administrative officer.
(h)
By personal service or certified mail to all public utilities
and cable television companies that own land or any facility or that
possess a right-of-way or easement within 200 feet in all directions
of the property which is the subject of the hearing.
(3)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $10 for said list and 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. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection
A(2)(b) above who do not reside within the Township.
(4)
The applicant shall file an affidavit or proof of service with
the Planning Board or Zoning Board of Adjustment, as the case may
be.
(5)
The notice shall state the date, time and place of the hearing
and the nature of the matters to be considered, and an 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 or documents for which approval is sought
are available for inspection.
B. Notice concerning master plan. The Planning Board shall give notice
of a hearing on the adoption, revision or amendment of a Master Plan
as follows:
(1)
Public notice shall be given by publication in the official
newspaper of the Township at least 10 days prior to the date of the
hearing.
(2)
Notice shall be given by personal service or certified mail
to the Clerk of any adjoining municipality of all hearings on adoption,
revision or amendment of a Master Plan involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
(3)
Notice shall be given by personal service or certified mail
to the County Planning Board of all hearings on the adoption, revision
or amendment of the Municipal Master Plan at least 10 days prior to
the date of the hearing; such notice shall include a copy of any such
proposed Master Plan, or any revision or amendment thereto, and the
adoption, revision or amendment of the Master Plan not more than 30
days after the date of such adoption, revision or amendment; such
notice shall include a copy of the Master Plan or revision or amendment
thereto.
C. Notice of hearing on development regulation ordinance; notice of
action on Capital Improvement Program or Official Map.
(1)
Notice by personal service or certified mail shall be made to
the Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall be made to
the County Planning Board of all hearings on the adoption, revision
or amendment of any development regulation at least 10 days prior
to the date of the hearing. Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the Municipal Capital Program or any proposed revision or amendment
thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section shall
state the date, time and place of the hearing and the nature of the
matters to be considered. Any notice by certified mail pursuant to
this section shall be deemed complete upon mailing.
D. Notice of hearing on amendment to the zoning section proposing a
change to the classification or boundaries.
(1)
Notice of a hearing on an amendment to the zoning section of
this chapter proposing a change to the classification or boundaries
of a zoning district, exclusive of classification or boundary changes
recommended in a periodic general reexamination of the Master Plan
by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given
at least 10 days prior to the hearing by the Township Clerk to the
owners of all real property as shown on the current tax duplicates,
located, in the case of a classification change, within the district
and within 200 feet in all directions of the boundaries of the district,
and in the case of a boundary change, within 200 feet in all directions
of the proposed new boundaries of the district which is the subject
of the hearing.
(2)
A notice pursuant to this section shall state the date, time
and place of the hearing, the nature of the matter to be considered
and an identification of the affected zoning districts and proposed
boundary changes, if any, by street names, common names or other identifiable
landmarks and by reference to lot and block numbers as shown on the
current tax duplicate in the Township Tax Assessor's Office.
(3)
Notice shall be given by serving a copy thereof on the property
owner as shown on the said current tax duplicate, or his agent in
charge of the property, or mailing a copy thereof by certified mail
and regular mail to the property owner at his address as shown on
the said current tax duplicate.
(4)
The Township Clerk shall execute affidavits of proof of service
of the notices required by this section and shall keep the affidavits
on file along with the proof of publication of the notice of the required
public hearing on the proposed zoning ordinance change. Costs of the
notice provision shall be the responsibility of the proponent of the
amendment.
(5)
Notice to a partnership, corporate owner, condominium association, horizontal property regime, community trust or homeowners' association shall be in conformance with §
170-506A(2)(c) above.
E. Effect of mailing notice. Any notice by certified mail shall be deemed
complete upon mailing.
F. A corporation or a partnership applying to the Planning Board or
the Board of Adjustment under any of the provisions of this chapter
shall, in the instance of a corporation, list the names and addresses
of all stockholders owning more than 10% of the stock thereof, as
well as the names and addresses of all officers and directors of said
corporation. In the instance of a partnership, the names and addresses
of all individual partners shall be listed. If a corporation or a
partnership owns 10% or more of the stock of a corporation or 10%
or more of a partnership, that corporation or partnership shall list
the names and addresses of all of its stockholders holding 10% or
more of its stock or more than a 10% interest in the partnership,
as the case may be, and, in the instance of a corporation, the names
and addresses of all of its officers and directors.
[Amended 8-23-2022 by Ord. No. 5739]
A. Each decision on any application for development shall be reduced
to writing as provided by law and shall include findings of facts
and conclusions based thereon.
B. 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.
C. 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 at 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 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.
D. 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.
E. Whenever a resolution of memorialization is adopted in accordance
with this section, the date of such adoption shall constitute the
date of the decision for purposes of the mailing, filings and publications
required by law and this chapter.
F. A copy of the decision shall be mailed to the applicant or appellant
or, if represented, then to his attorney without charge, and, for
a reasonable charge, to any interested party who requested it, not
later than 10 days after the date of the decision.
G. A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the Township Clerk, the Secretary of the Planning Board
or the Secretary of the Board of Adjustment, as the case may be, provided
that nothing in this chapter shall be construed as preventing the
applicant from arranging such publication if he so desires. The municipality
may make a reasonable charge for its publication. 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 municipality
or the applicant.
H. A copy of the decision and all submitted documents of record shall
be filed with the administrative officer, who shall make a copy of
such filed decision available to any interested party for a reasonable
fee and available for public inspection at his office during reasonable
hours.
[Amended 8-23-2022 by Ord. No. 5739]
All appeals from any final decisions of the Zoning Board of
Adjustment shall be made to the Superior Court of New Jersey in accordance
with applicable law.
[Amended 8-23-2022 by Ord. No. 5739]
A member of a municipal agency who was absent from one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings, provided that such member
has available to him the transcript or recording of all of the hearing
from which he was absent and certifies, in writing, to the municipal
agency that he has read such transcript or listened to such recording.
[Amended 8-23-2022 by Ord. No. 5739]
Any power expressly authorized by this act to be exercised by
the Planning Board or the Board of Adjustment shall not be exercised
by any other body, except as otherwise provided in this chapter.
[Amended 8-23-2022 by Ord. No. 5739]
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 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 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 or under any act repealed by this chapter, as the case may
be, shall be suspended for the period of time said legal action is
pending or such directive or order is in effect.
[Amended 8-23-2022 by Ord. No. 5739]
A. In the event that a developer submits an application for development
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 directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with this act and municipal development regulations,
and, if such application for development complies with municipal development
regulation, the municipal agency shall approve such application conditioned
on the removal of such legal barrier to development.
B. In the event that development proposed by an application for development
requires an approval by a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the municipality shall make a decision on any application
for development within the time period provided in this act or within
an extension of such period as has been agreed to by the applicant,
unless the municipal agency is prevented or relieved from so acting
by the operation of law.
[Amended 8-23-2022 by Ord. No. 5739]
This chapter or any revision or amendment thereof shall not
take effect until a copy thereof has been filed with the County Planning
Board. An Official Map shall not take effect until filed with the
County Recording Officer. Copies of this chapter and any revisions
or amendments thereto shall be filed and maintained in the office
of the Township Clerk.