No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he/she has either directly
or indirectly any personal or financial interest. Whenever any such
member shall disqualify himself/herself from acting on a particular
matter, he/she 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
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/her use,
as provided for in the rules of the Board.
[Amended 10-11-2023 by Ord. No. 20-2023]
Whenever a hearing shall be required on an application
for development, pursuant to N.J.S.A. 40:55D-1 et seq., or for a conditional
use application, the applicant shall give notice thereof as follows:
A. By publication in the official newspaper of the Township
at least 10 days prior to the date of hearing.
B. Notice shall be given to the owners of all real property,
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of such hearing;
and whether located within or without the Township. Notice shall be
given by serving a copy thereof on the owner, as shown on the current
tax duplicate, or his/her agent in charge of the property, or mailing
a copy thereof by certified mail to the property owner at his/her
address, as shown on the current tax duplicate. A return receipt shall
not be required. Notice shall be deemed complete upon mailing. 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.
C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of that municipality, which notice shall be in addition to the notice required to be given, pursuant to Subsection
B of this section, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given 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 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 to the Director of the Office
of State Planning in the Department of Treasury 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 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. All notices required to be given, pursuant to the
terms in this section, 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 Township 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.
I. Any notice made by certified mail shall be deemed
to be complete upon mailing, in accordance with the provisions of
N.J.S.A. 40:55 D-14.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer, within seven days of receipt of a request therefor and upon receipt of payment of a fee as specified in Chapter
80, Fees, shall provide a list certified by the Tax Assessor from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice, pursuant to §
125-31.
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 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 the
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 Township shall be adequately protected.
Immediately upon adoption of this chapter, the
Township Clerk shall file a copy with the County Planning Board, as
required by law. The Clerk shall also file with the County Planning
Board copies of all other Township land use ordinances.
Any variance hereafter granted by the Zoning
Board of Adjustment or the Planning Board, permitting the erection
or alteration of any structure or structures, or permitting a specified
use of any premises shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by the variance, or unless such permitted use
has actually been commenced, within one year from the date of entry
of the approval of the variance, except that the running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Zoning Board of Adjustment to the
Council, or to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.
Whenever the Environmental Commission has prepared
and submitted to the Planning Board and Zoning Board of Adjustment
an index of the natural resources of the Township, the Planning Board
and Zoning Board of Adjustment shall make available to the Environmental
Commission an informational copy of every application for development
submitted to either. Failure of the Planning Board or Zoning Board
of Adjustment to make such informational copy available to the Environmental
Commission shall not invalidate any hearing or proceeding.