No member of the planning board shall act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the board on the hearing of such matter nor participate in any decision or discussion relating thereto.

(Ord. 23-2007 § 4 (part): prior code § 12-9.1)

A.

Meetings of the planning board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

B.

Special meetings may be provided for at the call of the chairperson 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.

D.

All actions shall be taken by a majority vote of a quorum, except as otherwise required by any provision of R.S. 46:55D-1, et seq., and R.S. 40:55D-70(d).

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 Law, R.S. 10:4-6, et seq. To the extent permitted by the Open Public Meetings Law, and in accordance with the provisions of R.S. 40:55D-9, 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.

(Ord. 23-2007 § 4 (part): prior code § 12-9.2)

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 the reasons therefor. The minutes shall, thereafter, be made available for public inspection during normal business hours at the office of the township 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 or her use as provided for in the rules of the board, or as provided in the schedule of fees of the township.

(Prior code § 12-9.3)

Fees for applications or for the rendering of any service by the planning board, or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the board, and copies of such rules or of the separate fee schedule shall be available to the public.

(Ord. 23-2007 § 4 (part): prior code § 12-9.4)

A.

Rules. The planning board may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of R.S. 40:55D-1, et seq., or of this title.

B.

Oaths. The officer presiding at the hearing, or such person as he or she 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, R.S. 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 or her expense.

(Ord. 23-2007 § 4 (part): prior code § 12-9.5)

A.

Public notice of a hearing on all applications for development shall be given, except for minor site plans, minor subdivisions and final approval of major site plans and major subdivisions. Public notice shall be given in the event relief is requested pursuant to R.S. 40:55D-60, 70 or 76 as part of an application for development otherwise excepted herein from public notice.

B.

Whenever a hearing is required on an application for development pursuant to R.S. 40:55D-l, et seq., the applicant shall give notice thereof as follows:

1.

Public notice shall be given by publication in the official newspaper of the township at least ten (10) days prior to the date of the hearing.

2.

Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the township in which applicant's land is located. Such notice shall be given by:

a.

Serving a copy thereof on the owner as shown on the current tax duplicate or his or her agent in charge of the property; or

b.

Mailing a copy thereof by certified mail to the property owner at his or her address as shown on the 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.

3.

Notice of all hearings on applications for development involving property located within two hundred (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 subdivision 2 of this subsection, to the owners of land in such adjoining municipality which are located within two hundred (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 two hundred (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 one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the township clerk pursuant to R.S. 40:55D-10b.

C.

All notices hereinabove specified shall be given at least ten (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.

D.

Any notice made by certified mail shall be deemed to be complete upon mailing in accordance with the provisions of R.S. 40:55D-14.

E.

All notices required to be given pursuant to the terms of this section 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 township 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.

(Prior code § 12-9.6)

Pursuant to the provisions of R.S. 40:55D-12c, the township clerk shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of ten (10) dollars, 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 Section 16.12.060(B)(2).

(Prior code § 12-9.7)

A.

Findings of Fact and Conclusions. The board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing.

Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of R.S. 40:55 D-34 or Section 16.08.070(D) or 16.10.070(D) shall be deemed an action denying the application.

The board shall provide the findings and conclusions through:

1.

A resolution adopted at a meeting held within the time period provided in the act for action by the board on the application for development; or

2.

A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the board voted to grant or deny approval. Only the members of the board 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 pursuant to R.S. 40:55D-9, resulting from the failure of a motion to approve an application, 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 memorialization of the action of the board and not to be an action of the board. However, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by R.S. 40:55D-10. If the board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the board 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 township.

B.

Mailing. A copy of the decision shall be mailed by the board within ten (10) days of the date of the decision to the applicant, or if represented, then to his or her 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 township clerk, who shall make a copy of such filed decision available to any interested party upon the payment of a fee calculated in the same manner as those established for copies of other public documents in the township.

(Prior code § 12-9.8)

A brief notice of every final decision shall be published in the official newspaper of the township. Such publication shall be arranged by the secretary of the planning board the cost to be paid by the applicant. Such notice shall be sent to the official newspaper for publication within ten (10) days of the date of such decision.

(Ord. 23-2007 § 4 (part): prior code § 12-9.9)