[Amended by Ord. No. 673]
A. 
Regular meetings of the Board 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. Meetings may also be held at the call of the Chairman or on request of two of its members, which shall be held on notice to its members and the public in accordance with law.
B. 
The Board shall keep minutes of every regular meeting which shall include the names and addresses of those persons appearing and addressing the Board and of persons appearing by attorney, the actions taken by the Board, the findings made by it and the reason therefor. Such minutes shall be made available for public inspection during normal business hours at the office of the City Clerk. An interested party, as defined by law, 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. A reasonable fee shall be charged for such reproduction of the minutes.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of the Municipal Land Use Law (P.L. 1975, c. 291).[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E. 
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 Meeting Act (PL. 1975, c. 231).[2] 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(b).
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F. 
All applicants must appear in person to present their application. Failure to do so will result in dismissal of that application without prejudice and without refund of any fees paid for same. If an applicant cannot appear in person, an applicant shall be deemed to appear in person if the applicant is represented by an attorney licensed by the State of New Jersey or if the applicant shall have appointed an attorney-in-fact to represent him. The appointment must be in writing and must meet the requirements of a specific power of attorney as set forth under the laws of New Jersey.
A. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1) et seq. or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he 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 Municipal Investigations Law (PL. 1953, c. 38)[1] shall apply.
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
C. 
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.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, 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.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-11 et seq., the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication 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 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 by 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.
C. 
Notice of all hearings on application 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 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 situate within 200 feet of a municipal 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 N.J.S.A. 40:55D-10(b).
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 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 Municipal 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.
A. 
Each decision on any application for development shall be set forth as provided by N.J.S.A. 40:55D-10g.
B. 
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 attorney. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the City Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as to be established for copies of other public documents in the municipality. 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, who shall charge the cost of the same to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 2-20-2007 by Ord. No. 88-2007; 8-21-2007 by Ord. No. 115-2007]
A. 
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, Zoning Board of Adjustment or the Historic Preservation Commission 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; such application shall not be deemed complete and no hearing shall be scheduled until such proof of payment is provided by the applicant.
B. 
No approval or relief shall be granted by the Planning Board, Zoning Board of Adjustment or the Historic Preservation Commission upon an application for development, and no application for development shall be deemed complete and no hearing shall be scheduled until proof of payment in full of any state or City-imposed fines or penalties that are outstanding on the property which is the subject of such application has been provided by the applicant.