Union Beach City Zoning Code
§ 13-3.3
Conduct of Meetings, Notice of Applications and Decisions, and other Provisions.
a.
Meetings.
1.
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 canceled for lack of applications for development to process.
b.
Minutes. 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 reasons therefor. The minutes shall 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 the minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of reproduction.
c.
Hearings.
1.
Rules: The planning board shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before it which shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1, et seq. or of this chapter.
2.
Filing of Documents: 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 hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
3.
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" N.J.S.A. 2A:67A-1 et seq. shall apply.
4.
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.
5.
Evidence: Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.
6.
Records: The municipal agency shall provide for the verbatim recording of all proceedings by either stenographer, 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; provided the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body pursuant to N.J.S.A. 40:55D-70d, up to a maximum amount as specified by the ordinance.
The municipal agency in furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.
d.
Notice of Applications and Hearings. Notice pursuant to paragraphs 1 through 7 below shall be given by the applicant. Notice pursuant to paragraphs 1 through 7 below, 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 except for minor subdivisions pursuant to N.J.S.A. 40:55D-47 or final approval pursuant to N.J.S.A. 40:55D-50 and provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or D-76 as part of an application for development otherwise excepted herein from public notice.
2.
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
3.
Notice to a hearing requiring public notice pursuant to paragraph a of this subsection shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet 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 (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (i) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (ii) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
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, 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, 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 home-owners on account of such common elements or areas.
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, which notice shall be in addition to the notice required to be given pursuant to subsection 13-3.3d.3 of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
5.
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.
6.
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.
7.
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 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 administrative officer pursuant to N.J.S.A. 40:55D-10b.
8.
The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development, at least 48 hours prior to the hearing.
9.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
10.
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 borough tax assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
e.
List of Property Owners Furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the tax assessor shall within seven days after receipt of a request and upon receipt of payment of a fee of $10, 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 subsection 13-3.3d.3 of this chapter and submit the certified list with the application.
f.
Decisions.
1.
The municipal agency (planning board or borough council in the event of an appeal of a final decision of the planning board approving an application for development pursuant to subsection 13-3.1i,5(d) (N.J.S.A. 40:55D-70(d)) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the municipal agency on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency who voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, 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 N.J.S.A. 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 municipal agency and not to be an action of the municipal agency; 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 paragraphs 2 and 3 below (N.J.S.A. 40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal 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.
2.
A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours. Copies of approvals shall also be forwarded to other appropriate officials.
3.
A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant and proof of publication shall be submitted to the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
g.
Conditional Approvals.
1.
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 N.J.S.A. 40:55D-1 et seq. 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.
2.
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 N.J.S.A. 40:55D-1 et seq. 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.
3.
Whenever review or approval of the application by the county planning board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, 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 within the required time period.
h.
Tolling of Running of Period of Approval. In the event that, during the period of approval 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 the development, the running of the period of approval shall be suspended for the period of time the legal action is pending or such directive or order is in effect.
i.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-65, every application for development submitted to the planning board 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 the property, any approvals or other relief granted by the board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment in such manner that the municipality will be adequately protected.
j.
Certification of Complete Application for Development; Certification Time Limits. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee.
In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless (a) the application lacks information indicated on a check list adopted by ordinance and provided to the applicant and (b) the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be an error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such information of any revisions in the accompanying documents so required by the municipal agency.