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 the 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 shall be taken at any meeting without a quorum
being present.
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
all 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 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.
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 which is not otherwise provided by ordinance may be provided for and
adopted by ordinance, and copies of said rules or of the separate fee schedule
shall be available to the public.
A.
Rules. The Planning Board and the Zoning Board of Adjustment
shall 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 the 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, c. 38, P.L. 1953 (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 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.
Whenever a hearing is required on an application for development pursuant
to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination of the municipal
agency in question, the applicant shall give notice thereof 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 or duplicates 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: servicing a copy thereof on
the 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 shown on said current tax duplicate. A return receipt
is not required. 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, which notice shall be in addition to the notice required to be given pursuant to Subsection B to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
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 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 c. 291, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10b.
G.
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.
H.
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.
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.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Chapter A270, Fees, make and certify a list from the current tax duplicate of names and addresses or owners to whom the applicant is required to give notice pursuant to § 26-29B.
A.
Each decision on any application for development shall
be set forth in writing as a resolution of the Board, which 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 who 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 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 40:55D-65, 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; 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.