The Planning Board shall elect a Chairman and
Vice Chairman from the members of Class IV. The Board of Adjustment
shall elect a Chairman and Vice Chairman from its members. Both Boards
shall select a Secretary and Assistant Secretary who may be members
of the Board or municipal employees. Unless stated to the contrary,
the Planning Board and Zoning Board Secretaries shall serve as administrative
officers of their respective Boards.
There is hereby created the office of Planning
Board Attorney and the office of Attorney to the Zoning Board of Adjustment.
Each Board may annually appoint a Board Attorney who shall be an attorney
licensed in the State of New Jersey and who shall not be the Township
Attorney. Said Attorney shall receive such compensation as agreed
upon by the Attorney and the Board in an amount not exceeding the
amount appropriated by the Township Council for such purpose or an
amount not exceeding moneys on deposit in escrow with respect to applications,
whichever the case may be.
A.
The Planning Board and the Zoning Board of Adjustment
may annually employ or contract for the services of experts and other
staff and services as they may deem necessary. The staff of the Board
may include, but shall not be limited to, a Clerk or Administrative
Clerk. The Board shall not authorize expenditures which exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for its use.
B.
The Planning Board and the Zoning Board shall have
the power, right and responsibility to employ a licensed professional
engineer, who may also be the Township Engineer, to advise the Board
as to engineering matters. The engineer shall receive such compensation
as agreed upon by the engineer and the Board in an amount not exceeding
the amount appropriated by the Township Council for such purpose or
an amount not exceeding moneys in escrow with respect to applications,
whichever the case may be.
Each Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he or she has, either
directly or indirectly, any personal or financial interest. Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he or she shall not continue to sit with the
Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month and
any meeting as scheduled shall be held as scheduled unless canceled
for lack of applications for development to process. Regular meetings
of the Planning Board or Zoning Board shall not be scheduled to conflict
with the regularly scheduled meetings of the Township Council, Zoning
Board or Planning Board.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present, which is defined as the majority of the full
authorized membership of the Board.
D.
All actions shall be taken by majority vote of a quorum
except as otherwise required by statute.
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 Meetings Act,
N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing
and studying any matters to come before either Board shall not be
deemed to be a regular or special meeting.
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 Township 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 or her use as provided for in Chapter 88, Fees.
[Amended 11-7-1984 by Ord. No. 1984-18; 4-18-1990 by Ord. No. 1990-4]
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 shall be as set forth in Chapter 88, Fees. Fees which are not otherwise provided by said chapter may be provided for and adopted by the Township Council by resolution.
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 this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he or she 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 parties, and the provisions of the County and Municipal
Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
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
applied 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 or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
or her expense.
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 by publication in the
official newspaper of the township 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 duplicates, located in the state and within
200 feet in all directions of the property which is the subject of
such hearing, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by serving a copy thereof
on the property owner as shown on the said current tax duplicate,
or his or her agent in charge of the property, or mailing a copy thereof
by certified mail to the property owner at his or her address as shown
on the said current tax duplicate. 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 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.[1]
C.
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, return receipt requested, 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, return receipt requested, 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, return receipt requested, 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, return receipt requested, to the State Planning Commission 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 Secretary
of the appropriate Board.[2]
G.
Notice of hearings on applications for approval of
a major subdivision or a site plan not defined as a minor site plan
under this chapter requiring public notice pursuant to N.J.S.A. 40:55-12
shall be given, in the case of a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the township and which has registered with the township in
accordance with N.J.S.A. 40:55D-12.1, by serving a copy of the notice
on the person whose name appears on the registration form on behalf
of the public utility, cable television company or local utility;
or mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.[3]
H.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for the 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, return receipt
requested, as hereinabove required, shall be deemed to be complete
upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J.
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, 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 Township Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection.
[Amended 4-18-1990 by Ord. No. 1990-4[1]]
A.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Collector shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth by the Township Council, 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 § 22-20B of the Code of the Township of Maple Shade. The fee for providing a list of the property owners shall be as set forth in Chapter 88, Fees.
B.
In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to § 22-20G. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding.
A.
[1]The Board shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The Board shall provide
the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided in N.J.S.A. 40:55D-1 et seq. for action by the
Board on the application for development; or
(2)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Board voted to grant or deny approval. Only the members of the Board
who voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the Board and not
to be an action of the Board; however, the date of the adoption of
the resolution shall constitute the date of the decision for purposes
of the mailings, filings and publications required by Subsections
h and i of N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
party may apply to the Superior Court in a summary manner for an order
compelling the Board to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
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 or her attorney, without separate charge. A copy of the
decision shall also be mailed to all persons who have requested it
and who have paid the fee set forth in N.J.S.A. 47:1A-2. A copy of
the decision shall also be filed in the office of the Township Clerk,
who shall make a copy of such filed decision available to any interested
party upon payment of the fee set forth in N.J.S.A. 47:1A-2.
A brief notice of every final decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the applicant who shall bear the expense of same.
The aforementioned notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
Upon the conclusion of any matter coming before
the Planning Board, the Zoning Board of Adjustment or, upon appeal,
the Township Council, a copy of each application, supporting documentation,
minutes of hearings, correspondence, decisions and other information
relevant to the determination shall be maintained in the office of
the Township Clerk for a period of not less than five years, which
shall be considered a public record within the meaning of N.J.S.A.
47:1A-1 et seq.
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.
If it is shown that the 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 municipality will be adequately protected.
