No regular or alternate member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which she or he has,
either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself/herself from acting
on a particular matter, she or he shall not continue to sit with the
Board on the hearing of such particular matter nor participate in
any discussion by the Board or any decision relating thereto.
A.
Meetings of both the Planning Board and the Zoning Board of Adjustment
shall be scheduled no less than once a month. Any meeting so scheduled
shall be held as scheduled unless canceled for lack of applications
for development to process.
B.
Special meetings may be provided for at the call of the Chairperson
or on the request of any two Board members, which meeting shall be
held on notice to its 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.
A quorum shall be the majority of the full authorized membership of
the Board.
D.
All actions shall be taken by majority vote of the members of the
Board present at the meeting, except as otherwise required by any
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
or was not a member of the municipal agency at that time shall be
eligible to vote on a matter upon which the hearing was conducted,
notwithstanding such absence from one or more of the meetings, provided
that such Board member has available to him/her the transcript or
recording of all of the hearings from which he or she was absent and
certifies, in writing, to the Board that he or she has read such transcripts
or listened to such recordings.
E.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meetings Law, N.J.S.A.
10:4-6. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law.
F.
An executive session for the purpose of discussing and studying any
matters to come before the Board shall not be deemed a regular or
special meeting within the meaning of this section.
A.
The municipal agency shall hold a hearing on each application for
development, adoption, revision or amendment of the master plan, each
application for approval of an outdoor advertising sign submitted
to the municipal agency as required pursuant to an ordinance adopted
under N.J.S.A. 40:55D-39 or any review undertaken by the Planning
Board pursuant to N.J.S.A. 40:55D-31. Each Board shall make rules
governing such hearings.
B.
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 Department of Housing and Economic Development. The
applicant may produce any documents, records or testimony at the hearing
to substantiate or clarify or supplement the previously filed maps
and documents.
C.
The officer presiding at the hearings, or such persons as (s)he may
designate, shall have the 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,
N.J.S.A. 2A:67A-1 et seq., shall apply.
D.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer.
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.
E.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
A.
Public notice of a hearing shall be given for the following applications
for development:
(1)
An extension of approvals for five or more years under N.J.S.A. 40:55D-49
and N.J.S.A. 40:55D-52.
(2)
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development for which the memorializing resolution is proposed
for adoption required public notice.
(3)
Any request for a variance.
(4)
Any request for conditional use approval.
(5)
Any request for preliminary and final approval of a subdivision or
site plan.
(6)
Any request for certification of a nonconforming use.
(7)
Any request for relief pursuant to N.J.S.A. 40:55D-60 or N.J.S.A.
40:55D-76 as part of an application for development otherwise excepted
herein from public notice.
(8)
Any request by a public entity seeking to erect an outdoor advertising
sign on land owned or controlled by a public entity as required pursuant
to N.J.S.A. 40:55D-31.
B.
The Secretary of the Planning Board or the Zoning Board of Adjustment,
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 unless a particular municipal officer is so designated by
ordinance, provided that nothing contained herein shall prevent the
applicant from giving such notice if he so desires. Notice shall be
given at least 10 days prior to the date of the hearing in the following
manner:
(1)
Publication in the official newspaper of the City, if there be one,
or in a newspaper of general circulation in the City.
(2)
Notification by personal service or certified mail to the following.
An affidavit of proof of the giving of the required notice shall be
filed by the applicant with the Board at or prior to the hearing.
It is not required that a return receipt be obtained. Notice is deemed
complete upon mailing (N.J.S.A. 40:55D-14):
(a)
To all owners of real property, as shown on the current tax
duplicate, located in the state and within 200 feet in all directions
of the property which is the subject of the hearing, provided that
this requirement shall be deemed satisfied by notice to the condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or to the horizontal property regime, in the case of
any co-owner whose apartment has an apartment above or below it. Notice
shall be given by i) serving a copy thereof on the property owner,
as shown on the said current tax duplicate, or his agent in charge
of the property, or ii) mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate.
[1]
Notice to a partnership owner may be made by service upon any
partner.
[2]
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.
[3]
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.
(b)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of such adjoining
municipality or municipalities.
(c)
To the Mercer 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
municipal boundary.
(d)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
(e)
To the State Planning Commission 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 City.
(f)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to Subsection A of this section shall be given:
[1]
In the case of a public utility, cable television company or local
utility which possesses a right-of-way or easement within the municipality
and which has registered with the municipality in accordance with
N.J.S.A. 40:55D-12.1 by:
[a]
Serving a copy of the notice on the person whose name appears
on the registration form on behalf of the public utility, cable television
company or local utility; or
[b]
Mailing a copy thereof by certified mail to the person whose
name appears on the registration form at the address shown on that
form.
[2]
In the case of a military facility which has registered with the
municipality and which is situated within 3,000 feet in all directions
of the property which is the subject of the hearing by:
C.
Notification by personal service or certified mail notice shall be required for the initial public hearing on all applications requiring notice pursuant to § 315-35A, including the public hearings for both preliminary and final applications. If an application is continued to a subsequent hearing on a date certain, an announcement of such continuation and the date thereof shall be made at the time of continuation and renotification by personal service or certified mail shall not be required.
D.
Upon the written request of an applicant, the City Engineer's office shall, within seven days, make and certify a list from current tax duplicates of the names and addresses of owners within the City to whom the applicant is required to give notice. In addition, the administrative officer 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. The applicant shall be charged a fee as provided in § 315-71F for this list and shall be entitled to rely upon the information contained therein. Failure to give notice to any lot owner, to any public utility, cable television company, or local utility or to any military facility commander 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 Subsection B(2) above, who do not reside within the City.
E.
Notices required by this section shall state the date, time and place
of the hearing and shall include a capsulated statement of the nature
and purpose of matters to be considered, an identification for 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 City Tax Assessor's office, and the location and times at which
any maps and documents for which approval is sought are available.
A.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Board, and of any persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Department of Housing
and Economic Development. 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.
B.
A verbatim recording shall be made of every hearing on an application
for development submitted to the City. The recording of the proceedings
shall be made either by stenographer, mechanical or electronic means.
The City shall furnish a transcript, or duplicate recording in lieu
thereof, on request to any interested party at his/her expense, provided
that the charge for a transcript shall not exceed the maximum permitted
by N.J.S.A. 2B:7-4. Each transcript shall be certified, in writing,
by the transcriber to be accurate.
A.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
thereon.
B.
The Board shall provide the findings and conclusions through:
(1)
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
(2)
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the Board voted to
grant or deny approval. Only the members of the Board who voted for
the action taken may vote on the memorializing resolution, and the
vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. If only one member who voted for the action attends
the meeting at which the resolution is presented for adoption, the
resolution may be adopted upon the vote of that member. An action
pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion
to approve an application, shall be memorialized by resolution as
provided above, with those members voting against the motion for approval
being the members eligible to vote on the memorializing resolution.
C.
The vote on any memorializing resolution shall be deemed to be a memorization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in § 315-46.
D.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time, and
the cost of the application, including attorney's fees, shall be assessed
against the City.
A.
Conditions precedent. Whenever any application for development is
approved by the Board subject to specified conditions intended to
be fulfilled before the approval becomes effective, such approval
shall lapse and become null and void unless all specified conditions
are fulfilled within 190 days of the date the approval was granted
by the Board.
B.
Conditions subsequent. Whenever any application for development is approved by the Board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to § 315-72, then the failure to fulfill any such condition within six months from the date of the approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, construction permit, certificate of occupancy or any other approval until such condition is fulfilled.
C.
Time limit for fulfilling condition. Nothing herein contained shall
be construed as preventing the Board from specifying a longer period
of time within which any specific condition must be fulfilled or from
granting, upon an ex parte application, an extension of time for fulfilling
a condition, for good cause shown.
D.
Notice of fulfillment. The fulfillment of all conditions, precedent
or subsequent, shall be reported, in writing, to the Board, which
may cause such reports to be verified in an appropriate manner. Only
upon fulfillment of all conditions shall any subdivision plat or site
plan be signed or any required zoning permit, construction permit,
occupancy permit or other approval be issued.
A.
Except as otherwise provided in § 315-38.1D, a person shall not be seated as a first-term member or alternate member of the Planning Board or Zoning Board of Adjustment unless the person agrees to take the basic course in land use law and planning required to be offered under N.J.S.A. 40:55D-23.3, which the person shall successfully complete within 18 months of assuming Board membership in order to retain Board membership.
B.
Except as otherwise provided in § 315-38.1D, any person who is serving as a regular or alternate member of the Planning Board or Zoning Board of Adjustment on the first date on which a course in land use law and planning is offered pursuant to N.J.S.A. 40:55D-23.3 shall be required to complete that course within 18 months of the date upon which the course is first offered in order to retain membership on that Board.
C.
A hearing or proceeding held, or decision or recommendation made,
by the Planning Board or Zoning Board of Adjustment shall not be invalidated
if a member has participated in the hearing or proceeding or in the
decisionmaking or recommendation and that member is subsequently found
not to have completed the basic course in land use law and planning
required pursuant to N.J.S.A. 40:55D-23.3.
D.
The following persons shall be exempt from the educational requirements
established pursuant to N.J.S.A. 40:55D-23.3:
(1)
The Mayor or person designated to serve on a Planning Board in the absence of a Mayor who serves as a Class I member pursuant to N.J.S.A. 40:55D-23 and § 315-11.
(2)
A member of the governing body serving as a Class III member pursuant to N.J.S.A. 40:55D-23 and § 315-11.
(3)
Any person who is licensed as a professional planner and maintains
a certificate of license issued pursuant to Chapter 14A of Title 45
of the Revised Statutes[1] which is current as of the date upon which that person
would otherwise be required to demonstrate compliance with the provisions
of N.J.S.A. 40:55D-23.3.
[1]
Editor's Note: See N.J.S.A. 45:14A-1 et seq.
(4)
Any person who offers proof of having completed a more extensive course in land use law and planning than that required by N.J.S.A. 40:55D-23.3 and § 315-38.1 within 12 months of the date upon which that person would otherwise be required to demonstrate compliance with the provisions of N.J.S.A. 40:55D-23.3 and § 315-38.1 and which, in the determination of the Commissioner, is equivalent to or more extensive than that course offered pursuant to N.J.S.A. 40:55D-23.3 and § 315-38.1.
