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 or 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 meetings
shall be held on notice to the Board's 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.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Act,
P.L. 1975, c. 231.[2] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
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 and 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
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 for in the rules of the Board.
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 the Municipal
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67-1 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 to cross-examine 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 stenographer, 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.
F.
Qualification. When any hearing before the Planning
Board or Zoning Board of Adjustment shall carry over two or more meetings,
a member of the Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conditioned, notwithstanding his/her absence from one or more of the
meetings; provided, however, that such Board member has available
to him/her a transcript or recording of the meeting from which he/she
was absent and certifies in writing to the Board that he/she has read
such transcript or listened to such recording.
Fees for applications or for the rendering of
any services by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs which are not otherwise
provided by ordinance may be provided for and adopted as part of the
rules of the Board, and copies of said rules or of the separate fee
schedule shall be available to the public.
Notices of hearings shall be given for all applications
for development and all other applications before the Zoning Board
of Adjustment or Planning Board, including minor subdivision approval,
final subdivision approval and minor site plan and change of use approval.
Whenever a hearing is required on an application for development pursuant
to this section, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality, if there is one or in a newspaper
of general circulation in 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 or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing, provided that this requirement shall be deemed satisfied
by notice to a condominium association, in the case of any unit owner
whose unit has a unit above or below it or a horizontal property regime,
in the case of a co-owner whose apartment has an apartment above or
below it. Such notice shall be given by either serving a copy thereof
on the owner as shown on the current tax duplicate or his agent in
charge of the property or by mailing a copy thereof by certified mail
to the property owner at his address as shown on the current tax duplicate.
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 situate 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
mail to the Director of the Division of State 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 N.J.S.A. 40:55D-10b.
G.
Notice shall be given by personal service or certified
mail of a hearing on an application of a major subdivision or a site
plan not defined as a minor site plan to a public utility, cable television
company or local utility which possesses a right-of-way or easement
within the municipality and has registered with the municipality in
accordance with N.J.S.A. 40:55D-12.1.
H.
All notices herein above 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 service with
the Board holding the hearing on the application for development.
I.
Any notice made by certified mail as herein above
required shall be deemed complete upon mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
J.
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; 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.
K.
Notice regarding Master Plan. The Planning Board shall
give:
(1)
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Township at least 10 days prior to
the date of the hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of the Master Plan involving property situated within
200 feet of such adjoining municipality at least 10 days prior to
the date of any such hearing.
(3)
Notice by personal service or certified mail in the
County Planning Board of:
(a)
All hearings on the adoption, revision or amendment
of the Master Plan at least 10 days prior to the date of the hearing;
such notice shall include a copy of any such proposed Master Plan
or any revision or amendment thereto; and
(b)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
L.
Notice of hearing on ordinance or capital improvement
program. Notice of action on capital improvement or Official Map shall
be made as follows:
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of the municipal capital improvement program
or municipal Official Map not more than 30 days after the date of
such adoption, revision or amendment. Any notice provided hereunder
shall include a copy of the proposed development regulation, the municipal
Official Map or the municipal capital program or any proposed revision
or amendment thereto as the case may be.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township of Rochelle Park 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 Article IV, § 185-35B, of this chapter.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which resolution
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 persons who have requested it and have
paid the fee prescribed by the Board for such service. A copy of the
decision shall also be filed in the office of the Municipal Clerk,
who shall make a copy of such filed decision available to any interested
party upon payment of a fee calculated in the same manner as those
established for copies of other public documents in the municipality.
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged and paid for by the applicant with proof of publication
being given to the respective board. 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 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,
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 a manner
that the municipality will be adequately protected.
[1]
Editor's Note: Former § 185-39.1, Criminal background
check required, added 3-21-2012 by Ord. No. 1045-12, was repealed 12-16-2020 by Ord. No.
1173-20]
