No member of the Planning Board or Zoning Board
of Adjustment 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.
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month,
and 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 Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action except adjournments shall be taken at any
meeting without a quorum being present. All actions shall be taken
by a majority vote of the members present at such meeting, except
as otherwise provided in this chapter. Failure of a motion to receive
the number of votes required to approve an application for development
pursuant to the exceptional vote requirements of § 20-21D
or 20-27A(2) shall be deemed an action denying the application.
[Amended 9-24-1984 by Ord. No. 0-84-14[1]]
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application or development submitted before
July 1, 1994, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
D.
A member of the Board who was absent for one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript of all the hearings
from which he was absent, and certifies in writing to the Board that
he has read such transcript or listened to such recording.
[2]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application or development submitted before
July 1, 1994, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
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
Municipal Clerk. 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
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
Fees for applications or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs shall be provided for by
ordinance.
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
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 limitations 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. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
A.
Whenever a notice of 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 as follows:
(1)
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.
(2)
Notice shall be given 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 a 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 serving a copy
on the property owner, as shown on the Current tax duplicate, or his
agent in charge of the property, or by mailing a copy thereof to the
property owner at his address as shown on the current tax duplicate.
It is not required that a return receipt be obtained. Notice is deemed
complete upon mailing (N.J.S.A. 40:55D-14). 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, vice president, secretary
or other person authorized by appointment or by law to accept service
on behalf of the corporation. Notice to a condominium association,
horizontal property, community trust or homeowner's association, because
of its ownership of common elements or areas located within 200 feet
of the property which is 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.
[Amended 6-9-1980 by Ord. No. 0-80-6]
(3)
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 A(2) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
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.
(5)
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.
(6)
Notice shall be given by personal service or certified
mail 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 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 Section 6b of Chapter
291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
B.
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 such service
with the Board holding the hearing on the application for development.
C.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
D.
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.
[Amended 6-9-1980 by Ord. No. 0-80-6; 5-11-1981 by Ord. No.
0-81-10; 9-24-1984 by Ord. No. 0-84-14;[1] 3-10-1993 by Ord. No. 0-93-02]
Under the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list, from current tax duplicates of names and addresses of owners within the Township, to whom the applicant is required to give notice. The applicant shall be charged a fee of $10 for said list and 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. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Section 20-29 above who do not reside within the Township.
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application or development submitted before
July 1, 1994, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
A.
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency 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 municipal agency
on the application for development; or
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency 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. An action resulting from the failure of a motion to approve an application pursuant to § 20-21A(4) 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. The vote on any such resolution shall be deemed to be a memorializing of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for the purposes of the mailings, filings and publications required by § 20-32.
B.
If the municipal agency fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
person may appeal to the Superior Court in a summary manner for an
order compelling the municipal agency to reduce its findings and conclusions
to writing within a stated time, and the cost of the application,
including attorneys fees, shall be assessed against the municipality.
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application or development submitted before
July 1, 1994, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said 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 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.
