A.
Every municipal agency shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the municipal
agency shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
B.
The municipal agency may provide for special meetings,
at the call of the Chairman, or on the request of any two of its members,
which shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
C.
All action shall be taken by a majority vote of members
of the municipal agency present at the meeting except as otherwise
required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and
40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a motion to
receive the number of votes required to approve an application for
development shall be deemed an action denying the application.
D.
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 Law,
N.J.S.A. 10:4-6 et seq.
E.
An executive session for the purpose of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of N.J.S.A. 40:55D-1
et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, 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 Planning Board or Board of Adjustment Secretary.
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 reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction of the minutes for his use.
A.
Required hearings: The Planning Board and Zoning Board
of Adjustment shall hold a hearing on each application for development.
B.
Rules for conducting hearings: The Planning Board
and Board of Adjustment shall make rules governing the conduct of
hearings before such bodies which rules shall not be inconsistent
with the provisions of the MLUL or this chapter.
C.
Filing of documents: Any maps, plans and documentation
for which approval is sought shall be on file with the Land Use Department
and available for public inspection at least 10 business days before
the date of the hearing. In order to permit adequate time for professional
review, any revised maps, plans and documentation shall be filed with
the Land Use Department at least 15 business days before the date
of the hearing; provided, however, that this requirement may be waived
by the applicable board or by the Land Use Officer if the revisions
are insubstantial in nature. The applicant may produce other records,
documents or testimony at the hearing to substantiate, clarify or
supplement the previously filed maps and documents.
[Amended 7-13-2005 by Ord. No. 20-2005; 11-21-2006 by Ord. No. 29-2006]
D.
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 of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E.
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.
F.
Evidence: Technical rules of evidence shall not be
applicable to the hearing, but the board may exclude irrelevant, immaterial
or unduly repetitious evidence.
G.
Verbatim recording: The municipal agency shall provide
for the verbatim recording of the proceedings by either a stenographer
or by mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request to
any interested party at his expense.
H.
Transcript charge: The municipal agency in furnishing a transcript of the proceeding to an interested party at his expense shall charge the fees as provided in § 175-3. Said transcript shall be certified in writing by the transcriber to be accurate.
I.
Voting eligibility: A member or alternate member of
a municipal agency 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 or her absence
from one or more of the meetings; provided, however, that such board
member or alternate member has available to him or her the transcript
or recordings of all of the hearings from which he or she was absent,
and certifies in writing to the municipal agency that he or she has
read such transcript or listened to such recording.
Whenever public notice of a hearing is required
on an application for development, the applicant shall give notice
thereof at least 10 days prior to the date of the hearing in accordance
with the following:
A.
Public notice of a hearing on an application for development
shall be given for all of the following:
(1)
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(2)
Directive for issuance of a building permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
(3)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(4)
Preliminary major subdivision plats.
(5)
Preliminary major site plans.
(6)
Interpretations.
(7)
Final major subdivision plats.
[Added 1-27-1999 by Ord. No. 4-1999]
B.
Public notice shall be given by publication in the
official newspaper of the Township.
C.
Manner of giving notice.
(1)
Notice of a hearing requiring public notice shall
be given to the owners of all real property as shown on the current
tax duplicate or duplicates located within 200 in all directions of
the property which is the subject of such hearing, provided that this
requirement shall be deemed satisfied by notice to the:
(3)
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.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the 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.
D.
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 to the owners of lands in such adjoining municipality
which are located within 200 feet of the subject premises.
E.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on all applications
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.
F.
Notice shall be given by personal service or certified
mail to the Commissioner of the New Jersey Department of Transportation
of a hearing on any application for development of property adjacent
to a state highway.
G.
Notice shall be given by personal service or certified
mail to the State Planning Commission of any 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 Land Use Officer.
H.
Notice to public utilities.
(1)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to N.J.S.A. 40:55D-12 shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with Subsection H(2) below, by:
(a)
Serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company or local utility; or
(b)
Mailing a copy thereof by certified mail to
the person whose name appears on the registration form at the address
shown on that form.
(2)
Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection H(1) above and N.J.S.A. 40:55D-12h may register with the Township if the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
(3)
The Administrative Officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the Township pursuant to Subsection H(2) above. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection H(1) above and N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12c.
I.
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 service with
the board holding the hearing on the application for development.
J.
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.
K.
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 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.
L.
The Planning Board shall have the power to waive notice
and public hearing requirements set forth in this chapter when acting
upon subdivision applications if the Planning Board or Subdivision
Committee of the Planning Board finds that the application for development
conforms to the definition of a "minor subdivision" as such term is
defined hereunder.
N.
List of property owners furnished: Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Land Use Officer shall within seven days after receipt of a request therefor, 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 Subsections A to H of this section. In addition, the Land Use Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered pursuant to Subsection H of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding.
O.
Applications by Township. Notice shall be given by
the Township of a hearing on an application for development in which
the Township is the applicant by publication and by personal service
or certified mail, as set forth in this section, 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.
[Added 7-12-2006 by Ord. No. 22-2006]
Each decision on any application for development
shall be reduced to writing and shall include findings of facts and
conclusions based thereon.
A.
Reduction to writing shall be accomplished through:
(1)
A resolution adopted at a meeting held within the
applicable time period for taking action on the application for development;
or
(2)
A resolution adopted at a meeting held not later than
45 days after the date of the meeting at which action to grant or
deny approval was taken memorializing said action.
B.
Where the agency fails to adopt a resolution, any
interested party may apply to Superior Court in a summary manner for
an order compelling the agency to reduce its findings and conclusions
to writing within a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.
C.
The following members shall be eligible to vote on
the resolution:
(1)
Where the action taken resulted from the failure of
a motion to approve an application those members voting against the
motion for approval shall be the members eligible to vote on the resolution.
(2)
In all other circumstances, only the members who voted
for the action taken shall be eligible to vote on the resolution.
D.
The following shall apply to adoption of the resolution:
(1)
The vote on a resolution shall be deemed to be a memorialization
of the action of the agency and not to be an action of the agency.
(2)
The vote of a majority of those eligible members who
are present at the meeting at which the resolution is presented for
adoption shall be sufficient to adopt the resolution.
(3)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings, and
publications required.
E.
Copies of the decision shall be distributed by the
Planning Board or Board of Adjustment Secretary as follows:
F.
A copy shall be made available to any interested party
for a reasonable fee in an amount sufficient to cover the cost of
such copy.
G.
A brief notice of the decision shall be published
in the official newspaper(s) of the Township.
(1)
Such publication shall be arranged and proof of publication
shall be obtained by the Planning Board or Board of Adjustment Secretary.
Nothing herein shall be construed as preventing the applicant from
arranging such publication if he so desires. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the notice whether arranged by the Township or the
applicant.
(2)
Such notice shall be published within 30 days of the
date of decision, or 20 days of the date of mailing of a copy of the
decision by the Planning Board or Board of Adjustment Secretary, whichever
is later, or within such other appropriate period as may be determined
by the municipal agency at the time of decision.
(3)
Failure to publish as herein required shall render
any approvals null and void.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the municipal agency shall process
such application for development in accordance with the provisions
of the MLUL and this chapter, and, if such application for development
complies with the provisions of this chapter, the municipal agency
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application
for development requires an approval of a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter and the MLUL or within an extension
of such period as has been agreed to by the applicant unless the municipal
agency is prevented or relieved from so acting by the operation of
law.
C.
Whenever review or approval of an application by the
County Planning Board is required by the MLUL, the municipal agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
D.
The municipal agency may impose such other conditions
as it deems appropriate.
E.
In all cases the municipal agency shall include a
condition of approval setting forth the time within which all conditions
of approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the municipal agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.
F.
Tolling of running of period of approval. In the event
that, during the period of approval heretofore or hereafter granted
to an application for development, the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
Every application for development submitted
to the Planning Board or to the 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; and 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 the payment of such taxes and/or assessments.
The Land Use Office shall forward an informational
copy of all major subdivision, major site plan and use variance applications
to the Environmental Advisory Committee. The Environmental Advisory
Committee may provide a report and recommendations to the Planning
Board or Board of Adjustment concerning any such application. A report
or recommendation of the Environmental Advisory Committee shall not
be binding upon the board, but shall be advisory in nature. The failure
of the Environmental Advisory Committee to receive an informational
copy of an application or of the approving board to receive a report
from the Environmental Advisory Committee shall not preclude the board
from hearing an application nor shall it invalidate any hearing or
proceeding.
