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