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
City 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 use as provided for
in the rules of the Board.
All public hearing dates shall be set by the
approving authority. The approving authority shall hold a public hearing
on each application for development, except that the approving authority
may waive the required notices and hearing for minor subdivisions
and minor site plans unless a variance or conditional use is part
of the application. No public hearing shall be required for final
site plan of subdivision approval. All public hearings conducted on
subdivisions, site plans or variances before either the Board of Adjustment
or Planning Board shall follow the requirements of the Municipal Land
Use Law (see N.J.S.A. 40:55D-11 and 40:55D-12) as summarized below.
A. Public notice shall be given by publication in the
official newspaper of the City 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 City in which
the applicant's land is located. Such notice shall be given by serving
a copy thereof on the owner as shown on the current tax duplicate
or his agent in charge of the property or mailing a copy thereof by
certified mail to the property owner at his address as shown on the
current tax duplicate. A return receipt is not required. 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, a
Vice President, Secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
the 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 area.
C. Notice of all hearings on applications for development involving property located within the 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 Subsection
B to the owners 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 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 City
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 adjacent to a state highway.
F. 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 City Clerk pursuant to Section 6b of c. 291,
P.L. 1975.
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 on the application for development.
H. 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 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 City Tax Assessor's office and the location and times
as to which any maps and documents for which approval is sought are
available as required by law.
The administrative office of the City or its designate shall, within seven days of the receipt of a request thereof and upon receipt of payment of $10 or $0.25 cents per name, whichever is greater, 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 §
69-31B.
A brief notice of every decision shall be published
in the official newspaper of the City, the costs of which are to be
charged to the applicant. Where the application sought is approved,
such publication shall be arranged by the applicant. Where the application
is denied, such publication shall be arranged by the Secretary of
the Planning Board or Zoning Board of Adjustment, as the case may
be. Such notice shall be sent to the official newspaper for publication
within 10 days of any such decision.
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 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.