No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has either directly
or indirectly a 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.
The Code of Ethics of the Borough of East Rutherford shall be applicable
in these matters.
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
Borough 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 in the rules of the Board.
[Amended 2-16-2010 by Ord. No. 2010-04]
Applications to the Planning Board or Zoning Board of Adjustment shall be charged as provided in Chapter
314 of this Code.
Pursuant to the provisions of N.J.S.A. 40-55D-12c, upon the written request of an applicant, the administrative officer of the Borough of East Rutherford 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 §
305-31A(2). The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed that sum set out in N.J.S.A. 40:55D-12C may be charged for such list.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the administrative officer and paid for by the
applicant in accordance with the rules and regulations set forth by
the respective Board. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision. The
period of time in which an appeal of the decision may he made shall
run from the first publication of the decision.
Pursuant to the provisions of 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.
Any member of the Planning Board or Zoning Board
of Adjustment may, except a Class I appointment, after public hearing
if he requests it, be removed by the governing body for cause. Cause
shall be, but not limited thereto, absence from four regular meetings
during the current year or absence from three consecutive regular
meetings during the current year.
[Amended 3-18-2014 by Ord. No. 2014-03]
Any interested party desiring to appeal the decision of the Zoning Board of Adjustment shall appeal to the governing body any final decision of the Zoning Board of Adjustment approving an application for development pursuant to Subdivision d of N.J.S.A. 40:55D-70. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to §
305-34.
Whenever a term is used in this article which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning set forth in the definition of such term found in
said statute, unless a contrary intention is clearly expressed from
the context of this article.
This article shall be known and may be cited
as the "Land Use Procedures Ordinance of the Borough of East Rutherford."
Immediately upon adoption of this article, the
Borough Clerk shall file a copy of this article with the County Planning
Board as required by law. The Clerk shall also file with said County
Planning Board copies of all other ordinances of the municipality
relating to land use, such as subdivision, zoning and site plan review.
[Added 9-16-2014 by Ord. No. 2014-05]
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board or Zoning Board of Adjustment, as applicable, when so certified
by the Planning Board or Zoning Board, whichever has jurisdiction.
The Planning Board or Zoning Board may designate a committee of the
Board or other person to certify an application for development as
complete.