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 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.
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.
[Amended 1-14-1980]
Fees or charges for submission of applications
or for rendering of any service by the Planning Board or Zoning Board
of Adjustment or any member of their administrative staffs for review
of an application for development, for inspections or for taking of
appeals shall be as set forth in any general fee ordinance of the
borough or as established in any ordinance regulating the use and
development of land.
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. Service of notice.
[Amended 1-14-1980]
(1) Notice shall be given to the owners of all real property
located in this state as shown on the current tax duplicate or duplicates
within 200 feet in all directions of the property which is the subject
of such hearing and whether located within or without the borough.
Such notice shall be given by:
(a)
Serving a copy thereof on the owner, as shown
on the said current tax duplicates, or his agent in charge of the
property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his address, as shown on the said current tax
duplicate or duplicates.
(2) The above requirements shall be deemed satisfied where
condominiums or horizontal property regimes are within 200 feet of
applicant's property, by making service in the following manner:
(a)
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.
(b)
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.
(c)
If the applicant is the owner of a condominium
unit or 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.
(3) A return receipt is not required. Notice to a partnership
owner may be made upon 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.
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 §
18-30B of this chapter 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 situate 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 § 6b
of Chapter 291 of the Laws of 1975.
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 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.
J. Notice pursuant to Subsections
C,
D,
E and
F of this section shall not be required unless public notice pursuant to Subsections
A and
B of this section is required. Notice under Subsections
A and
B is not required for conventional site plan review, minor subdivision approval or final approval pursuant to N.J.S.A. 40:55D-50.
[Added 1-14-1980]
[Amended 1-14-1980]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the borough shall, within seven days after receipt of a request therefore, and upon receipt of payment of the maximum fees provided for in said section of the statute, 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, §
18-30B, of this chapter.
[Amended 9-11-2023 by Ord. No. 2023-24]
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, with 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.
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 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.