Borough of Leonia, NJ Article III Provisions Applicable to Planning Board and Board of Adjustment

§ 37-19 Vacancies.

Vacancies on the Board of Adjustment and the Planning Board shall be filled for the unexpired terms, as above provided.

§ 37-20 Conflicts of interest.

No 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.

§ 37-21 Removal from Board.

Any member of the Planning Board, except the Class I member, may be removed by the governing body for cause, after a public hearing, if he or she requests the same.

§ 37-22 Administration; meetings; hearings.

A. The Planning Board shall adopt and may amend reasonable rules and regulations not inconsistent with state law or any applicable Borough ordinance for the administration of its functions, powers and duties. Copies of all such rules and regulations and any amendments thereto shall be filed in the office of the Borough Clerk and shall be made available to any person upon request and payment of the fee for such copy.

B. The Planning Board shall, by its rules, fix the time and place for holding its regular meetings. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development or appeals to process. Special meetings of the Planning Board may be held at the call of the Chairman or at the request of any two members. Such meetings shall be held on notice to the members of the Board and the public in accord with state law. All regular meetings and special meetings shall be open to the public, and minutes of such meetings shall be kept and thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk.

C. The Planning Board shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan. The Planning Board shall also hold a hearing on each application and appeal to come before it pursuant to § 37-14 of this chapter. The Planning Board shall make rules governing such hearings. Any maps and documents for which approval is sought at such hearings shall be on file and available for public inspection during normal business hours at the office of the Borough Clerk at least 10 days before the date of the hearing. The Board shall provide for the verbatim recording of all proceedings at such hearings by either stenographic, mechanical or electronic means and shall furnish a transcript or duplicate recording in lieu thereof on request of any interested party at such party's expense upon payment of the fee hereinafter set forth.

§ 37-23 Minutes.

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 appropriate administrative officer of the Board. 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 shall be charged a fee for reproduction of the minutes for his use.

§ 37-24 Notice requirements for hearing.

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 at least 10 days prior to the date of hearing 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 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 property owner as shown on said current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. 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.

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 situated 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 mall 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 300 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. The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

H. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing.

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.

§ 37-25 List of property owners furnished.

Upon the written request of an applicant to the Municipal Administrator, the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, 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 § 37-24B of this chapter.

§ 37-26 Decisions.

A. Each decision on any application for development shall be in writing, and it shall include findings of fact and legal conclusions based thereon.

B. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or, if represented, then to his attorney without separate charge. A copy of the decision shall also be mailed to all who request a copy of the decision for the fee hereinafter set forth. A copy of the decision shall also be filed by the Board in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party for the fee hereinafter set forth and shall also make a copy available for public inspection in his office during reasonable hours.

C. A brief notice of the decision shall be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment. The Borough shall charge a fee for its publication to the applicant as hereinafter set forth. Notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

§ 37-27 Proof of payment of taxes required.

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 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.