Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this ordinance, for the administration of its 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 all such rules and regulations and amendments thereto shall be maintained in the office of the township clerk and in the office of the secretary of the municipal agency.

No member of a municipal agency shall act on any matter in which he has, either directly or indirectly, any personal of financial interest or any other disqualifying inters.

Every municipal agency shall 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 cancelled for lack of applications for development to process.

The municipal agency may hold special meetings at the call of the chairman or on the request of any two of its members. Special meetings shall be held on notice to members and the public in accordance with all applicable legal requirements.

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 required by any provision of the Municipal Land Use Law, R.S. 40:55D-1 and following.

The provisions of the Open Public Meetings Act, R.S. 10:4-6 and following, shall be adhered to in connection with meetings of every municipal agency.

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 the municipal agency and 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 reproduction 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 reasonable fee for reproduction of the minutes for his use as provided in the rules of the municipal agency.

An applicant shall obtain application forms from the secretary of the municipal agency to which the application is to be submitted. The secretary shall inform the applicant of the steps to be taken to initiate the application and of the meeting dates of the municipal agency.

For the purposes of this ordinance an Application Checklist and supplemental Appendices 1 through 6, pursuant to Section 13-17 of this Chapter, is hereby made a part of this Chapter.

Whenever an Application Form is issued to a prospective applicant for development by the secretary of a municipal agency, the secretary shall also issue to the prospective applicant an Application Checklist with supplemental Appendices for execution and submission by the applicant.

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.

Certification as to the completeness of an application shall be in the form of a written notice mailed to the applicant at the address set forth in the application.

An application for development shall be incomplete if (a) the application lacks information indicated on the checklist supplied 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. Notice of an incomplete application shall be mailed to the applicant by certified mail at the address set forth in the application. Such notice shall be effective upon mailing.

When submitting an application, an applicant may request that one or more of the submission requirements be waived, in which event the municipal agency or its authorized committee shall grant or deny the request within 45 days.

If no certification as to completeness and no notice as to incompleteness is mailed to the applicant within 45 days of submission of an application, then for purposes of the commencement of the time period for action by the municipal agency the application shall be deemed to be complete as of the expiration of such 45-day period.

The fact that an application has been certified to be complete or is deemed complete by reason of a lack of notice of deficiencies does not diminish the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error as well as submission of additional information not specified in the checklist or in this ordinance and any revisions in the documents accompanying the application as may be 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 additional information or any revisions in the accompanying documents required by the municipal agency in accordance with this subsection.

The municipal agency shall hold a hearing on each application for development, except for minor subdivision applications. The planning board shall also hold a hearing on the adoption, revision or amendment of a master plan. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an official map or a capital improvement program.

a. Rules. The planning board and 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 the Municipal Land Use Law, R.S. 40:55D-1 and following, or of this chapter.

b. Oaths: Subpoenas for Witnesses. 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, R.S. 2A: 67A-1 and following, 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 municipal agency may exclude irrelevant, immaterial or unduly repetitious evidence.

e. Records. Each municipal agency 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 recording in lieu thereof on request to any interested party at his expense. If the municipal agency furnishes a duplicate tape (not reformatted), the fee shall be $35. per duplicate tape.

Whenever a hearing is required on an application for development pursuant to the Municipal Land Use Law, R.S. 40:55D-1 and following, or whenever any hearing is scheduled by the zoning board of adjustment on any application or appeal, the applicant shall give notice thereof as follows:

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

b. Owners of Adjacent Property. Notice 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, and whether located within or without the township. Such notice shall be given by:

1. Serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property, or

2. Mailing a copy thereof by certified mail to the property owner at his 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, vice-president, secretary or other person authorized by appointment or by the law to accept service on behalf of the corporation.

c. Adjoining Municipality. 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 paragraph b. above to the owners of lands in such adjoining municipality which are located within 200 feet of the property subject to the hearing.

d. County Planning Board. Notice shall be given by personal service or certified mail to the county planning board of any 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 any township boundary.

e. Commissioner of Transportation. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of any hearing on an application for development of property adjacent to a state highway.

f. Division of State and Regional Planning. 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 of documents required to be filed in accordance with the provisions of R.S. 40:55D-10(b).

g. Public Utilities, Cable Television Companies and Local Utilities. Notice shall be given by personal service or certified mail to each person who, as a representative of a public utility, cable television company or local utility which possesses a right-of-way or easement within the township, has registered his name, address and position with the township pursuant to R.S. 40:55D-12c as a person to receive notice of a hearing upon an application for development. A registration fee of $10.00 shall be paid to the township for each registration pursuant to R.S. 40:55D-12c.

All notices specified in the preceding subsections 13-7.1b through g shall be given at least ten days prior to the date fixed for hearing. The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development. Such affidavit shall be filed prior to the commencement of the hearing.

Any notice given by certified mail as hereinabove required shall be deemed to be complete upon mailing as provided in R.S. 40:55D-14.

All notices required to be given pursuant to the terms of this chapter shall state:

a. The date, time and place of hearing.

b. The nature of the matters to be considered. The statement of the nature of the matters to be considered shall be sufficient to reasonably inform the public and recipients of the notice of the intended development and any variances requested, including a specific reference to those sections of the ordinance as to which any variances are sought.

c. The 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.

d. The location and times at which any maps and documents for which approval is sought are available for public inspection as required by R-S. 40:55D-1 and following.

Pursuant to the provisions of R.S. 40:55D-12(c), the township tax collector shall, within seven days after receipt of a request therefor and upon receipt of the payment of a fee of $10.00 to the township, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 13-7.1b, The list shall also include the name, address and position of each and every person who, not less than seven days prior to the date on which the applicant requested the list, has registered to receive notice pursuant to subsection 13-7.1g.

a. For the purpose of giving due notice of the within farm right to new residents of the municipality, the Planning Board shall require an applicant for every major or minor subdivision, or site plan review, as a condition of approval of such application, to provide every purchaser with a copy of this ordinance; and

b. Whenever a farm as defined herein or a new major or minor subdivision abuts a farm or a new major or minor subdivision contains space which was not owned by individual homeowners or a homeowners association, and said space is a least five (5) acres in size, then the following language shall be inserted in the deed of all lots:

Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the "Right to Farm" section of the municipal zoning ordinance.

Each decision on any application for development or appeal shall be set forth in writing as a resolution of the municipal agency, and the resolution shall include findings of fact and legal conclusions.

Failure of a motion to receive the number of votes required for approval of an application for development, including any application under R.S. 40:55D-34 or R.S. 40:55D-70d requiring an exceptional vote, shall be deemed an action denying the application.

The resolution adopted by the municipal agency may be

a. a resolution adopted at a meeting of the municipal agency held within the time period provided for action on the particular 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 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, and the vote of the majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.

The denial of an application resulting from the failure of a motion to approve the 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 memorializing resolution shall be deemed to be a memorialization of the action of the municipal agency and not an action of the municipal agency, provided, however, that the date of the adoption of the memorializing resolution shall constitute the date of the decision for purposes of the mailings, filing and publication required by subsections 13-8.3 and 13-8-4.

In the event that a municipal agency fails to adopt either a resolution or a memorializing resolution as provided above, 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. The cost of the application, including attorney's fees, shall be assessed against the municipality.

A member of a municipal agency who was absent from one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted notwithstanding his absence from one or more of the meetings, provided that such member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the municipal agency that he has read such transcript or listened to such recording.

Within 10 days of the adoption of the resolution setting forth the decision a copy of the decision shall be mailed by the municipal agency to the applicant, or if the applicant is represented by an attorney then to the attorney of the applicant. Such mailing shall be made without any separate charge therefor. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed therefor by subsection 13-14.5. 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 payment of a fee calculated in the same manner as those fees established for copies of other public documents of the township.

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 or zoning board of adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten days of the date of the adoption of the resolution setting forth the decision.

Pursuant to the provisions of R.S. 40:55D-39 and R.S. 40:55D-65 every application for development submitted to the planning board or zoning board of adjustment shall be accompanied by proof that no real property taxes or installments of special assessments for local improvements are due or delinquent on the property which is the subject of such application. In the event that it is determined that any such taxes or installments are due or delinquent on such property, then any approvals or other relief granted by either board shall be conditioned either upon the prompt payment of such taxes or installments or upon the making of adequate provision for the payment thereof in such manner that the township shall be adequately protected.

Appeals may be taken to the township committee from any final decision of the zoning board of adjustment granting a use variance pursuant to the provisions of R.S. 40:55D-80(d).

Such appeal shall be taken within 10 days of the date of publication of notice of such final decision in the official newspaper of the township.

Such appeal shall be made in accordance with the provisions of R.S. 40:55D-17.

Such appeal shall be decided by the governing body only upon the record established before the zoning board of adjustment.

An appeal to the governing body shall be made by serving the township clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.

Unless the appellant shall either:

a. within 5 days of the service of a notice of appeal arrange for a transcript for the use of the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or

b. within 35 days of the service of the notice of appeal submit a transcript as otherwise arranged to the township clerk, the appeal may be dismissed for failure to prosecute.