Bound Brook City Zoning Code
21-5.2 Meetings
municipal agency.
[Ord. No. 04-12 § 21-5.2]
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. 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 law. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the following section of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-1 et seq.):
1.
Section 23 (dealing with the adoption of the Official Map);
2.
Section 25 (dealing with assurance of building permits on lands reserved on the Official Map);
3.
Section 49 (dealing with the adoption of a Zoning Ordinance);
4.
Section 50 (dealing with a protest against a zoning change);
5.
Section 8e (dealing with the governing body reversing action by the Planning Board);
6.
Section 17a (dealing with the governing body overriding the Planning Board report on development regulations);
7.
Section 17b (dealing with another municipal agency overriding the Planning Board on matters referred to the Planning Board);
8.
Section 57d (dealing with a use variance application).
Nothing herein shall be construed to contravene any act providing procedures for the governing body.
b.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with law and this chapter. 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 this chapter.
c.
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 administrative officer. 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 for this use.
d.
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
e.
The adoption of a resolution of memorialization, pursuant to Subsection 21-5.7 of this chapter, shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who votes for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action on an application for development by the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.