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 and 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
Municipal 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.
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 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 said 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 said 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 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 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 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 Municipal Clerk, pursuant to N.J.S.A. 40:55D-10.
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 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.
[Amended 6-21-1978 by Ord. No. 1302; 4-16-1986 by Ord. No. 1713]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, a member of the Board of Assessors shall, within seven days after written receipt of a request therefor and upon receipt of payment of a fee of $20, 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 Article
III, §
231-35B 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, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. Said notice shall be sent to the official newspaper for
publication by the Secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be, within 10 days of the date of any
such decision, unless the applicant himself provides for such publication
and certifies as to same to such Secretary within five days of the
date of any such decision.
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 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 municipality will be adequately
protected.
[Amended 8-13-2003 by Ord. No. 10-03]
When any hearing before the Planning Board or
the Board of Adjustment shall carry over two or more meetings, a member
of either Board who was absent for one or more of the meetings 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,
however, that such Board member has available to him a transcript
or recording of the meeting from which he was absent, and certifies
in writing to the Board that he has read such transcript or listened
to such recording.