Lopatcong Township City Zoning Code
ARTICLE III
Administrative Procedures
§ 243-6 Administrative rules and regulations.
A.
Rules and regulations of municipal agencies. The Planning Board and Zoning Board of Adjustment shall adopt and may amend, from time to time, reasonable rules and regulations not inconsistent with the Municipal Land Use Law[1] or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of such rules and regulations and amendments thereto shall be maintained in the office of the Clerk of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Quorum requirements. The Boards shall, by their rules, fix the time and place for holding regular meetings for the conduct of business. Regular meetings of such Boards shall be scheduled not less than once a month and shall be held as scheduled unless cancelled for lack of applications to process. The Board may provide for special meetings at the call of the Chairman or on the request of any two members of the Board, which shall be held on notice to its members and the public in accord with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231,[2] and agency regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum except as otherwise provided in the Municipal Land Use Law.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 243-7 Public meetings.
A.
All regular and special meetings of the Board shall be open to the public, and notice thereof shall be given in accord with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231, and agency regulations.
B.
An executive session for the purposes of discussing and studying any matters to come before the Board which shall have been determined by such Board to qualify for an executive session within the terms of the Open Public Meetings Act[1] may be held and shall not be deemed the regular or special meeting within the meaning of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
Minutes of every regular or special meeting shall be kept and shall include the names of all 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 and basis therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Clerk of the Board. 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.
§ 243-8 Hearings.
A.
The Board shall hold a hearing on each application for development or as regards adoption, revision or amendment of the Master Plan.
B.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business in the office of the Clerk of the Board. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents, provided that such late production does not interfere with or deprive any objector or other interested person of a fair and reasonable opportunity to examine the map or document in advance of the hearing and respond thereto.
C.
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. The provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38,[1] shall apply.
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
D.
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.
E.
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the Board may exclude irrelevant, immaterial or unduly repetitious evidence or cross-examination.
F.
The Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript or duplicate recordings in lieu thereof on request to any interested party at reasonable expense to such party.
G.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon. A resolution memorializing such decision may suffice for this purpose and shall be adopted within the time permitted by the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
H.
A copy of the resolution of such decision shall be mailed by the Clerk of the Board within 10 days of the date of adoption of such memorializing resolution to the applicant, or if represented, then to his attorney, without separate charge and to all who request a copy of such resolution for a reasonable fee. A copy of such resolution shall also be filed by the Board in the office of the Township Clerk.
I.
A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Clerk of the Board, provided that the applicant may, in any case, provide for publication of the decision. The applicant shall pay a reasonable fee for publication of such notice. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, which shall not be prior to the adoption of the memorializing resolution.
§ 243-9 Notice of hearing.
A.
Contents of notice of hearing on application for development or adoption of Master Plan. Notices of public hearings on applications for development shall state the date, time and place of the hearing; the nature of the matters to be considered in general, it not being a necessity that each and every variance or other ordinance section in question be listed; an identification of the property proposed for development by street address and by reference to tax 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 all maps and documents for which approval is sought are available pursuant to this chapter. Notices as to adoption or revision of the Master Plan shall contain the date, time and place of any hearing, the nature of the matters to be considered and the location and times at which any proposed Master Plan or revision thereto for which approval is sought are available for public inspection.
B.
Notice of hearing on applications. Notice pursuant to Subsection B(1), (2), (4), (5), (6) and (7) of this section shall be given at least 10 days prior to the date of the hearing.
(1)
Public notice of a hearing on an application for development shall be given on all applications except the following: applications for approval of a minor subdivision or site plan and final approval of subdivisions or site plans, provided that public notice shall nonetheless be given in each of the foregoing categories in the event that there is any waiver requested from any performance standard contained herein or any variance requested from any zoning standard contained herein. Public notice shall be given by publication in the official newspaper of the Township or, if none is designated, in a newspaper of general circulation in the Township.
(2)
Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property 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 as shown on said current tax duplicate. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3)
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(2) 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 not on the list shall not invalidate any hearing or proceeding. A fee not to exceed $0.25 per name, or $10, whichever is greater, shall be charged for such list.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
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.
(5)
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 200 feet of a municipal boundary.
(6)
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.
(7)
Notice shall be given by personal service or certified mail to the State Planning Commission 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 Township.
(8)
The applicant shall file an affidavit of proof of service with the Clerk of the Board holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section. Proof of service and proof of publication in the form of an affidavit shall be filed with the Clerk at least three days prior to the scheduled hearing, or the reviewing Board may determine the application incomplete, notwithstanding any previous determination of completeness.
C.
Notice of hearing on adoption or revision of 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 or, if there is none, in a newspaper of general circulation in 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 a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.
(3)
Notice by personal service or certified mail to the County Planning Board of:
(a)
All hearings on adoption, revision or amendment of the Township Master Plan at least 10 days prior to the date of the hearing. Such notice shall include a copy of any proposed Master Plan or any revision or amendment thereto.
(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.
E.
Notice of hearings for development regulation change involving property adjoining other municipality or capital improvement program.
(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 any development regulation at least 10 days prior to the date of the hearings and the adoption, revision or amendment of the Township capital improvement program or Township 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 Township Official Map or the Township capital improvement program or any proposed revision or amendment thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this subsection shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this subsection shall be deemed complete upon mailing.