[Amended 5-4-1995 by Ord. No. 4-1995]
No member of the Planning Board 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 or participate in any discussion or decision relating thereto.[1]
[1]
Editor's Note: Former Subsections B, concerning lack of a quorum by the Planning Board, and C, concerning lack of a quorum by the Board of Adjustment, added 9-7-1993 by Ord. No. 5-1993 and which immediately followed this subsection, were repealed 5-4-1995 by Ord. No. 4-1995.
A. 
Meetings of the Planning Board shall be scheduled no less often than once a month, and then any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 5-4-1995 by Ord. No. 4-1995]
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 the Board 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.
D. 
All action shall be taken by majority vote of the members present at the meeting, except as otherwise required by the provisions of the Municipal Land Use Law.[1]
[Amended 11-19-1990 by Ord. No. 14-1990]
[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 Meetings Act, P.L. 1975, c. 231.[2]
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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; and 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 proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee for the reproduction of the minutes for his use, as provided for in the rules of the Board.
[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
Fees for applications or for the rendering of any service by the Planning Board or any member of its administrative staff shall be established by ordinance pursuant to N.J.S.A. 40:55D-8.[1]
[1]
Editor's Note: See Ch. A287, Fees, § A287-2.
A. 
Rules. The Planning Board shall make rules governing the conduct of hearings before such body, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law or of this chapter. Any maps and documents for which approval is sought for hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours, in the office of the Secretary of the Board.
[Amended 5-4-1995 by Ord. No. 4-1995]
B. 
Oaths. The officer presiding at the hearing or such persons 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 documents presented by the 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 the 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 a stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof upon the request of any interested party at his expense and upon payment of a fee set by the rules and regulations of the Board.
A. 
Public notice of all hearings on applications for development shall be given, except for minor subdivisions, pursuant to N.J.S.A. 40:55D-47, or final approval, pursuant to N.J.S.A. 40:55D-50, provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality and shall be given in the manner and in the form prescribed in accordance with N.J.S.A. 40:55D-12. In addition, where the corporate secretary of a local utility has registered with the Township in order to receive notice of development applications, such notice shall be provided pursuant to N.J.S.A. 40:55D-12h.[1]
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993]
[1]
Editor's Note: The Public Utility Registration Form is included at the end of this chapter.
B. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development.
C. 
All notices required in accordance with this section and the provisions of N.J.S.A. 40:55D-12 shall be given at least 10 days prior to the date fixed for hearing.
D. 
Any notice made by certified mail, as required in accordance with the terms of N.J.S.A. 40:55D-12, shall be deemed to be complete upon mailing.
E. 
All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing; the nature of the matters to be considered; the 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 for public inspection.[2]
[2]
Editor's Note: Original Subsection 2-16A.7, List of Property Owners Furnished, which followed this section, was repealed 3-17-1986.
A. 
Each decision on an application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon, as provided in N.J.S.A. 40:55D-10g.
[Amended 11-19-1990 by Ord. No. 14-1990]
B. 
A copy of the decision shall be mailed by the Board, within 10 days of the date of the decision, to the applicant or, if represented, then to his 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 prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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 those established for copies of other public documents in the municipality.
[Amended 5-4-1995 by Ord. No. 4-1995]
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 without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 5-4-1995 by Ord. No. 4-1995]
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 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 the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of an adequate provision for the payment thereof in such manner that the municipality will be adequately protected.