[Added 10-5-2004 by Ord.
No. 42-2004]
A.
A Planning Board is hereby established consisting of nine regular
and four alternate members of the following four classes:
[Amended 12-9-1996 by Ord. No. 20-1996; 3-26-2019 by Ord. No. 2019-06]
(1)
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor. However, the Mayor or the Mayor's designee shall not participate
in consideration of applications for development which involve relief
pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70).[1]
(2)
Class II: One of the officials of the Borough, other than a member
of the governing body, to be appointed by the Mayor.
(3)
Class III: A member of the Borough Council to be appointed by it.
However, said member shall not participate in consideration of applications
for development which involve relief pursuant to Subsection d of Section
57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
(4)
Class IV regular members: Six other citizens of the municipality
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, except that one member must be a member of
the Environmental Commission as required by N.J.S.A. 40:56A-1, provided
that if the designated alternate members of the Planning Board include
a member of the Board of Education, then the member of the Environmental
Commission shall be deemed to be the Class II member of the Planning
Board.
(5)
Class IV alternate members: Four other citizens of the municipality
to be appointed by the Mayor. Alternate members shall hold no other
municipal office, except that one member may be a member of the Board
of Education.
[Amended 3-26-2019 by Ord. No. 2019-06]
B.
The term of the member composing Class I shall correspond with his
official tenure or if the member is the Mayor's designee in the absence
of the Mayor, the designee shall serve at the pleasure of the Mayor
during the Mayor's official tenure. The terms of the members composing
Class II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II (or Class IV member) who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term as a member of the Environmental Commission,
whichever comes first.[2]
C.
All present Class IV members of the Planning Board shall continue
in office until the completion of the terms for which they were appointed.
The terms of Class IV regular members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such terms shall be evenly distributed over
the first four years after their appointment; provided that the initial
term shall not exceed four years. Thereafter, the term of each Class
IV regular member shall be four years. All terms shall run from January
1 of the year in which the appointment is made.
D.
The terms of the Class IV alternate members shall be two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. All terms shall run from January
1 of the year in which the appointment is made.
E.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
F.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a Class I member may be removed
by the governing body for cause but only after public hearing, if
requested, and other requested procedural due process protection.
G.
Yearly, the Planning Board shall organize by selecting from among
its Class IV regular members a Chairman and Vice Chairman. The Board
shall also select a Secretary who may or may not be a member of the
Board or an employee of the Borough.
H.
The governing body shall make provisions in its budget and appropriate
funds for the expenses of the Planning Board.
I.
The office of Planning Board Attorney is hereby created. The Planning
Board may annually appoint to such office and fix compensation or
rate of compensation of an attorney-at-law of New Jersey other than
the Borough Attorney.
J.
The Planning Board may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board, however, shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
[Amended 9-27-1999 by Ord. No. 25-1999[1]]
A.
The following Zoning Board of Adjustment powers are vested in the
Planning Board in accordance with N.J.S.A. 40:55D-25c:
(1)
Error or refusal. Hear and decide appeals where it is alleged by
the applicant that there is an error in any order, requirement, decision
or refusal made by a municipal official based on or made in the enforcement
of the zoning provisions of this chapter.
(2)
Exceptions or interpretations. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this chapter or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provisions of this chapter or by any duly adopted
Official Map.
(3)
Granting of variance.
(a)
Where by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
of this chapter would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship;
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations of this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of the decision on the variance under this subsection and provided that no variance from those departures enumerated in Subsection A(4) of this section shall be granted under this subsection.
(4)
In particular cases for special reasons, grant a variance to allow
departure from any zoning regulations of this chapter:
(a)
A use or principal structure in a district restricted against
such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4.
(e)
An increase in the permitted density as defined in N.J.S.A.
40:55D-4, except as applied to the required lot area for a lot or
lots for detached one- or two-dwelling-unit buildings, which lot or
lots either an isolated undersized lot or lots resulting from a minor
subdivision, or
(f)
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
[1]
A variance under this subsection shall be granted only by affirmative
vote of at least five members.
[2]
If an application development requests one or more variances
but not a variance for a purpose enumerated in Subsection D of this
section, the decision on the requested variance or variances shall
be rendered under Subsection C of this section.
(5)
General provisions.
(a)
No variance or other relief may be granted under the terms of
this section, including a variance or other relief involving an inherently
beneficial use, without a showing that such variance or other relief
can be granted without substantial detriment to the public good and
will not substantially impair the intent and purpose of the zone plan
and zoning ordinance.
(b)
Any variance from the terms of this chapter hereinafter granted
after the effective date of Ordinance No. 2007-009 by the Planning
Board in connection with a final approval 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 said variance, or unless such permitted use
has actually been commenced, within two years from the entry of the
determination of the Board; except, however, 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 Board in the governing
body or to the court of competent jurisdiction until the termination
in any manner of such appeal or proceedings. For all variances granted
prior to the adoption of Ordinance No. 2007-009, the duration of the
period of approval and mandatory commencement of the permitted use
shall be extended for an additional 15 months from the date the variance
was granted, for a total of two years from the granting of the variance
to the expiration date. Any construction commenced within the two-year
period provided for in this section shall be complete within 24 months
of the issuance of the building permit unless otherwise extended in
accordance with the provisions of state statute. However, the running
of the period of limitation shall be tolled from the date of filing
of the appeal from the decision of the Board to the governing body
or to a court of competent jurisdiction, until the termination in
any manner of such appeal of proceeding.
[Amended 4-3-2007 by Ord.
No. 2007-009]
(6)
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the following:
(a)
Direct issuance of a construction permit pursuant to N.J.S.A.
40:55D-34 for the construction of a building or structure within the
bed of a mapped street or public drainageway, flood control basin
or public area as shown on a duly adopted Official Map of the municipality
wherever one or more parcels of land within said bed cannot yield
a reasonable return to the owner unless a construction permit is granted.
The Board may grant such relief only by affirmative vote of a majority
of the full authorized membership of the Planning Board, ensuring
that such relief will tend to cause a minimum change of the Official
Map and will not significantly add to the cost of opening any proposed
street. The Board shall impose reasonable requirements as a condition
of granting the construction permit so as to promote the health, morals,
safety and general welfare of the public.
(b)
Direct issuance of a construction permit pursuant to N.J.S.A.
40:55D-36 for the construction of a building or structure on a lot
not abutting a street which is shown on a duly adopted Official Map
of the municipality or which is an existing state, county or municipal
street or highway; or a street shown upon a plat approved by the municipal
Planning Board; or a street on a plat duly filed in the office of
the county recording officer. The Board may grant such relief only
when the enforcement of the statute requirement that a building lot
abut a street would entail practical difficulty or unnecessary hardship,
or where the circumstances of the case do not require the building
or structure to abut a street. The Board shall impose requirements
or conditions that will provide adequate access for fire-fighting
equipment, ambulances and other necessary emergency vehicles for the
protection of the health and safety and that will protect any future
street layout on the Official Map or on the general circulation plan
element of the municipal Master Plan.
B.
In addition to Zoning Board of Adjustment powers referenced in Subsection A, the Planning Board shall have the following powers:
(1)
Make, adopt and, from time to time, amend a Master Plan for the physical
development of the Borough, including any areas outside its boundaries
which, in the Board's judgment, bear essential relationship to the
planning of the Borough.
(2)
Administer the provisions of land subdivision and site plan review
in accordance with the applicable provisions of this chapter.
(3)
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
(4)
Assemble data on a continuing basis as part of a continuous planning
process.
(5)
Annually, at the request of the Borough Council, prepare a program
of municipal capital improvements projects projected over a term of
six years and recommend same to the Borough Council.
(6)
Consider and make report to the Borough Council within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Planning
Board by the Borough Council.
(7)
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as a Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plats, site plans or conditional
uses:
(a)
Variances pursuant to § 225-36A(3);
(b)
Direction pursuant to § 225-36B(7) for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; and
(c)
Direction for issuance of a permit for a building or structure
on a lot not abutting a street.
A.
Conflicts of interest. No regular or alternate member of the Planning
Board shall act on any matter in which he has either directly or indirectly
any personal or 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.
B.
Meetings.
(1)
Meetings of the Planning Board shall be scheduled no less than once
a month and any meeting so scheduled shall be held as scheduled unless
cancelled for lack of applications for development to process.
(2)
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.
(3)
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the Board.
(4)
All actions shall be taken by majority vote of the members of the
Board at the meeting except as otherwise required by a provision of
N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on a 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 the transcript or recording
of all of the hearings from which he was absent, and certifies in
writing to the Board that he has read such transcript or listened
to such recording.
(5)
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 Law, c. 231, Laws of New
Jersey, 1975 (N.J.S.A. 10:4-6 et seq.).
C.
Public hearings.
(1)
The Planning Board shall hold a hearing on each application for development.
Each Board shall make the rules governing such hearings.
(2)
Any maps and documents for which approval is sought at a 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 Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
(3)
The officer presiding at the hearings, 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 Municipality Investigations Law, P.L.
1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
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
reasonable limitations as to time and number of witnesses.
D.
Public notice of a hearing.
[Amended 10-13-1987 by Ord. No. 13-1987]
(1)
Public notice of a hearing shall be given for the following applications
for development:
(a)
Any request for a variance;
(b)
Any request for conditional use approval;
(c)
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street [See § 225-36A(6)(a) and (b).];
(d)
Any request for site plan and/or subdivision approval;
(e)
Any request for preliminary approval of a major subdivision;
and
(f)
Any request for approval of a minor subdivision.
(2)
The Secretary of the Planning Board, as the case may be, shall notify
the applicant at least two weeks prior to the public hearing at which
the application will be discussed. Notice of a hearing requiring public
notice shall be given by the applicant at least 10 days prior to the
date of the hearing in the following manner:
(a)
By publication in the official newspaper of the Borough, if
there is one, or in a newspaper of general circulation in the Borough
in the absence of an official newspaper.
(b)
To all owners of real property located in the state and within
200 feet in all directions of the property which is the subject of
the hearing, as such owners are shown in the current tax duplicate.
Notice shall be given by serving a copy on the property owner, as
shown on the current tax duplicate, or his agent in charge of the
property, or by mailing a copy thereof to the property owner at his
address as shown on the current tax duplicate, provided that the above
requirements shall be deemed satisfied where condominiums or horizontal
property regimes are within 200 feet of the applicant's property by
making service in the following manner:
[1]
If the applicant's property abuts a condominium and the owner
of any unit is within 200 feet of the applicant's property and said
unit has a unit above or below it, by giving notice to the condominium
association.
[2]
If the applicant's property abuts a horizontal property regime
and an apartment of the co-owner is within 200 feet of the applicant's
property and such apartment has an apartment above or below it, by
giving notice to the horizontal property regime.
[3]
If the applicant is the owner of a condominium unit or the co-owner
of an apartment, notice shall be given to all other unit owners or
apartment co-owners within 200 feet of the unit or apartment owned
or co-owned by the applicant.
It is not required that a return receipt is obtained; notice
is deemed complete upon mailing (N.J.S.A. 40:55D-14.).
(c)
Notice to a partnership owner may be made by service to any
partner; notice to a corporate owner may be made by service upon its
president, 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, community
trust to 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.
(d)
To the Clerk of any adjoining municipality when the property
involved is located within 200 feet of said adjoining municipality
or municipalities. Notice shall be given by personal service or certified
mail.
(e)
To the Monmouth County Planning Board when the application for
development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within 200 feet of a
municipality boundary. Notice shall be given by personal service or
certified mail.
(f)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway. Notices shall be given by
personal service or certified mail.
(g)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be filed with the Administrative
Officer. Notice shall be given by personal service or certified mail.
(3)
Upon the written request of an applicant, the Borough Tax Collector shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to § 225-37D(2)(b) above who do not reside within the Borough.
(4)
The applicant shall file an affidavit of proof of service with the
Planning Board.
(5)
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an 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 Borough Tax Collector's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
E.
Records.
(1)
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Planning Board, and of any persons appearing by attorney, the action taken by the Planning Board, the findings, if any made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during the normal business hours at the office of the Administrative Officer. 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 shall be charged a reasonable fee for the reproduction of the minutes, as indicated in § 225-46 of this chapter.
(2)
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made by either stenographer, mechanical or electronic means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15, and as indicated in § 225-46 of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
F.
Decisions.
(1)
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
(2)
The Board may provide such written decision and findings and conclusions
either on the date of the meeting at which the Board grants or denies
approval, or, if the meeting at which such action is taken occurs
within the final 45 days of the applicable time period for rendering
a decision on the application for development, within 45 days of such
meeting by the adoption of a resolution of memorialization setting
forth the decision and findings and conclusions of the Board.
(3)
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application. An action resulting from the failure
of a motion to approve an application shall be memorialized by resolution
as provided above, notwithstanding the time at which such action occurs
within the applicable time period for rendering a decision on the
application.
(4)
The adoption of a resolution of memorialization pursuant to this
subsection shall not be construed to alter the applicable time period
for rendering a decision on the application for development. Such
resolution shall be adopted by a vote of a majority of the Board who
voted for the action previously taken, and no other member shall vote
thereon. The vote of such a resolution shall be deemed to be a memorialization
of an action taken by the Board, and not to be an action of the Board;
except that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
A.
Appeals to the Planning Board may be taken by any interested party
affected by any decision of a municipal official of the municipality
based on or made in the enforcement of the zoning provisions of this
chapter or a duly adopted Official Map. Such appeal shall be taken
within 20 days by filing a notice of appeal with the official from
whom the appeal is taken, with three copies of the notice given to
the Clerk of the Planning Board. The notice shall specify the grounds
for the appeal. The official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
B.
The Planning Board may reverse or affirm, wholly or in part, or may
modify the action, order, requirement, decision, interpretation or
determination appealed from and to that end have all powers of the
municipal official from whom the appeal is taken.
C.
An appeal to the Planning Board shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the municipal official from whose action the appeal is taken
certifies to the Planning Board, after the notice of appeal shall
have been filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court upon notice to the municipal official from whom
the appeal is taken and due cause shown.
D.
A developer may file an application for development with the Planning
Board for action under any of its powers without prior application
to a municipal official.
E.
The Planning Board shall act upon any appeal or any application for
development within 120 days either from the date the appeal is taken
from the decision of the municipal official or from the date the application
is certified as a complete application by the Borough, as the case
may be, or within such further time as may be consented to by the
applicant, except that when an applicant elects to submit separate
consecutive applications for use variance approval and site plan,
subdivision or conditional use approval, the one-hundred-twenty-day
time period for action shall apply to the application for approval
of the use variance, and the time period for granting or denying and
subsequent approval shall be as otherwise provided in this chapter.
A.
Any interested party desiring to appeal a final decision of the Planning Board approving an application for development pursuant to N.J.S.A. 40:55D-70d and § 225-36A(4) of this chapter shall appeal to the Borough Council.
B.
Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 225-40 of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.
C.
The appellant shall either: (1) within five days of serving notice
of the appeal, arrange for a transcript for use by the Borough Council
and pay a deposit of $50 or the estimated cost of such transcription,
whichever is less, provided that the charge by the Borough to the
applicant for the transcript shall not exceed the maximum permitted
in N.J.S.A. 2A:11-15; or (2) within 35 days of serving notice of the
appeal, submit a transcript to the Borough Clerk for use by the Borough
Council. Should the appellant neither arrange for or submit a transcript
as provided hereinabove, the Borough Council may dismiss the appeal
for failure to prosecute. All transcripts shall be certified in writing
by the transcriber to be accurate.
D.
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 225-40 of this chapter, and to the Planning Board at least 10 days prior to the date of the meeting. The appeal shall be decided by the Borough Council only upon the record established by the Planning Board. The parties may submit oral and written arguments on the record at the Borough Council meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting.
E.
The Borough Council shall conclude a review of the record below not
later than 95 days from the publication of the notice of the subject
decision of the Planning Board, unless the appellant consents in writing
to an extension of such time period. Failure of the Borough Council
to hold a hearing and conclude a review of the record below and to
render a decision within such specified period without such written
consent of the appellant shall constitute a decision affirming the
action of the Planning Board.
F.
The Borough Council may reverse, remand or affirm, wholly or in part,
or may modify the final decision of the Planning Board. The affirmative
vote of a majority of the full authorized membership of the Borough
Council shall be necessary to reverse, remand or modify any final
action of the Board.
G.
An appeal to the Borough Council shall stay all proceedings in furtherance
of the action in respect to which the decision appeals from was made
unless the Planning Board certifies to the Borough Council, after
the notice or appeal has been filed with the Board, that by reasons
of facts stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court on application
upon notice to the Planning Board and on good cause shown.
Any decision of the Planning Board when acting upon an application
for development and any decision of the Borough Council when acting
upon an appeal shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the appropriate Borough
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Borough authority for such service.
B.
A brief notice of every final decision shall be published in the
official newspaper of the Borough. Such publications shall be arranged
by the Secretary of the Planning Board or the Borough Clerk, as the
case may be, without separate charge to the applicant. The notice
shall be sent to the official newspaper for publication within 10
days of the date of any such decision.
C.
A copy of the decision shall also be filed in the office of the Borough 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 Borough, as indicated in § 225-46 of this chapter.
