[Amended 10-4-1994 by Ord. No. 1994-10]
No member of the Planning Board shall act on
any matter in which the member has any direct or indirect personal
or financial interest. Whenever any member shall be disqualified from
acting on a particular matter, the member shall not continue to sit
with the Board on the hearing of such matters, nor shall the member
participate in any discussion or decision relating thereto.
A.
Meetings of the Planning Board shall be scheduled
no less often than once a month, and any meetings so scheduled shall
be held as scheduled unless canceled for lack of applications to process.
[Amended 10-4-1994 by Ord. No. 1994-10]
B.
Special meetings may be provided for at the call of
the Chair or on the request of any two Board members, which meetings
shall be held on notice to the Board's members and to 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 actions shall be taken by majority vote of the
members present, except as otherwise required by any provisions of
N.J.S.A. 40:55D-1 et seq.
E.
All regular and special meetings shall be open to
the public. Notice of all meetings shall be given in accordance with
the requirements of the Open Public Meetings Law (N.J.S.A. 10:4-6
et seq.). An executive session for the purpose of discussing and studying
matters to come before the Board shall not be deemed a regular or
special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Amended 10-4-1994 by Ord. No. 1994-10]
Minutes of every regular or special meeting
shall be kept and shall include the names of the person appearing
and addressing the Board; the names 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
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 within fee schedule.[1]
[1]
Editor's Note: Former § 18-43, which
immediately followed this section, was repealed 10-4-1994 by Ord.
No. 1994-10.
A.
Rules. The Planning Board may make rules governing
the conduct of hearings, which rules shall not be inconsistent with
the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.
[Amended 10-4-1994 by Ord. No. 1994-10]
B.
Oaths. The officer presiding at the hearing, 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 Municipal Investigations
Law, P.L. 1953, c. 38 (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 limitation as to 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. The Planning Board shall provide for the
verbatim recording of the proceedings by either stenographic, mechanical
or electronic means. The Planning Board shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party, at the expense of the party requesting the transcript or recording
as set forth in the fee schedule herein.[1]
[Amended 10-4-1994 by Ord. No. 1994-10]
[1]
Editor's Note: The fee schedule is on file
in the office of the Municipal Clerk.
[Amended 11-19-1996 by Ord. No. 1996-5; 10-3-2022 by Ord. No. 2022-11]
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq.; on appeals
of a determination of an administrative officer pursuant to N.J.S.A.
40:55D-70a; or for requests for interpretation pursuant to N.J.S.A.
40:55D-70b, 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 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 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 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 by personal service or certified
mail to the County Planning Board of a hearing on an application for
the 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 State Planning Commission of a hearing on an application
for the 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; 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 maps and documents for which approval is sought
are available as required by law.
Upon the written request of an applicant, the Clerk of the approving authority shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 147-35. In addition, the Clerk of the approving authority shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A sum as set forth in the fee schedule on file in the office of the Municipal Clerk may be charged for such list.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the approving authority,
which resolution shall include findings of fact and legal conclusions
based thereon in accordance with N.J.S.A. 40:55D-10.
B.
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision for the applicant
or, if represented, 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 fee schedule herein[1] 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.
[1]
Editor's Note: The fee schedule is on file
in the office of the Municipal Clerk.
[Amended 10-4-1994 by Ord. No. 1994-10]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. The publication
shall be arranged by the Planning Board 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 decision.
[Amended 10-4-1994 by Ord. No. 1994-10]
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 adequate provision
for the payment thereof in such a manner that the municipality will
be adequately protected.
Prior to the recording of a final subdivision
plat or as a condition of final site plan approval or as a condition
of the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65(d)
or as a condition to the issuance of a variance pursuant to N.J.S.A.
40:55D-70, the approving authority may require and shall accept the
following:
A.
A performance guaranty in favor of the Borough of
Bay Head in an amount not to exceed 120%, as estimated by the approving
authority or the Engineer of the approving authority, of the cost
of installation for improvements it may deem necessary or appropriate,
including streets; grading; pavement; gutters; curbs; sidewalks; streetlighting;
shade trees; surveyors; monuments as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.);
water mains; culverts; storm sewers; sanitary sewers or other means
of sewage disposal; drainage structures; erosion control and sanitation
control devices; public improvements of open space; and, in the case
of site surveys only, other on-site improvements and landscaping.
B.
The amount of any performance guaranty posted may
be reduced by the governing body, by resolution, when portions of
the improvements have been certified by the Municipal Engineer to
have been completed. The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by said body by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvements. The approving authority
shall have the power to require the installation of such improvements
within a specified period or periods of time, consistent with law,
set in its decision, taking into account the facts of the proposed
development plan or plat, all of the provisions of this chapter and
the health, safety and welfare of the community.
D.
Requests for partial or full release of posted guaranties
shall be made and processed in accordance with N.J.S.A. 40:55D-53.
E.
The obligor shall reimburse the Borough of Bay Head
for all reasonable inspection fees paid to the Borough Engineer for
the inspection of said improvements. Fees charged to the obligor shall
be identical to those charged to the borough at the Engineer's regular
schedule of rates and fees.
