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 person 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 and not 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 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 reviewing
board. 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.
Fees for applications or for the rendering of
any service by the Planning Board or Zoning 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 said 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., the applicant
shall give notice thereof as follows:
A. Public notice shall be given in time for a publication
date 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
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 application's land is located. Such notice shall be given
by:
(1) Serving a copy thereof on the owner as shown on said
current tax duplicate 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 said current tax duplicate.
C. Notice to a partnership may be made by service upon
any partner. Notice to the 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.
D. 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 by the given pursuant to §
112-315B to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
E. Notice shall be given by personal service or certified
mail to the Somerset County Planning Board of a hearing on an application
for development of property adjacent to an existing County Map or
on the County Master Plan, adjoining other county land or situated
within 200 feet of a municipal boundary.
F. Notice shall be given by personal service or certified
mail to the New Jersey State Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
G. 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 N.J.S.A. 40:55D-10h.
H. All notices hereby above 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. 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.
J. 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, and 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 the 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 Department of Community Development shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is more, 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 §
112-315B of this chapter.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of such decision or memorialization
thereof.
Any party desiring to appeal the decision of the Planning Board and Zoning Board of Adjustment where they have approved or granted a variance pursuant to the provisions of §§
112-295 and §
112-307H of this chapter may appeal to the Township Council, provided that such appeal shall be made within 10 days of the date of publication of final decision of the Zoning Board of Adjustment or the Planning Board.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or 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 municipality will be adequately
protected.
[Added 11-10-2014 by Ord.
No. 4089-14]
In addition to other submittal requirements in Chapter
112, all application submittals to the Planning Board and Zoning Board of Adjustment shall be submitted in digital format in Adobe Acrobat format (.PDF/A or .PDF/E standard of a resolution of at least 400 dpi). The requirement for digital submittals shall include all required application forms as well as all other application submittals, including but not limited to all submittals prepared by licensed professionals, and all surveys, subdivision plans, site plans, architectural plans, environmental assessments, traffic reports, stormwater reports, stormwater maintenance agreements, planning reports, cover letters or other official correspondence, deeds, easements, and cost estimates. In addition to other submittal requirements in Chapter
112, submittal of such digital submittals shall be required to constitute an application for development and shall be resubmitted as the submittals may be changed or amended. Single- or two-family homeowners preparing submittals on their own behalf for application before the Planning Board and Zoning Board of Adjustment shall not be subject to this requirement. Further, this requirement shall not apply to submittal of the W-9 form which shall be submitted in hard copy only.