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

* Regular meetings of both the Planning Board and Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process or lack of a quorum

* Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which meetings 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 the members present at the meeting except as otherwise provided by any provision of the Municipal Land Use Law [Amended 7-7-82 by Ord. No. 42-1982]

E. A member of the Planning Board or Board of Adjustment who is absent for one (1) 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 (1) or more meetings, provided, however, that such member has available to him the transcript or recording of all the hearings from which he was absent and certifies in writing to the respective board that he has read the transcript or listened to such recording [Added 7-7-82 by Ord No 42-1982]

F. 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, c 231, P.L 1975 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 in accordance with the provisions of N.J.S.A 40 55D-9.

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; and 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 Planning Department. 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 shall he charged a fee for reproduction of the minutes for Ins use as provided for in the Revised Ordinances of the Township of Wayne

Fees for applications, or for the rendering of any service by the Planning Board or Board of Adjustment or any member of their administrative staffs, which are not otherwise provided by Article V of this chapter may be provided for and adopted as part of the rules of either Board, and copies of said rules or of the separate fee schedule shall be available to the public

* Rules The Planning Board and Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of NJSA. 40.55D-10 et seq.

* Oaths The officer presiding at the hearings 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 wit. nesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P L 1953, c. 38 (N.J.S.A. 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 upon payment of the fees set forth in Article V of this chapter

A.public hearing shall lie required for all development applications pursuant to N.J.S.A. 40:55D-10. Public notice shall be givers pursuant to N.J.S.A. 40:55D-72 and in addition to the development applications specified therein a public hearing notice shall also be required for the following specific applications:

1. Preliminary site plan approval;

2. Appeal from an Administrative Officer filed pursuant to N.J.S.A. 40:55D-70(a);

3. Request for zoning interpretation filed pursuant to N. J. S. A. 40:55D-70 (b) .

Notice thereof shall be given as follows:

**Webmasters Note: The previous section has been amended as per Ord. No. 52-1999.

A.The Secretary of the Board (or the Township Clerk in the case Of a soil removal application) shall arrange for public notice to be given by publication in the Official newspaper of the township at least ten (10) days prior to the date of the hearing

B.The developer shall be responsible for giving notice of said hearing as follows

(1) Notice shall be given to the owners of all real property, as shown on the current tax rolls, 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 municipality in which the developer's land is located, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime, in the case of any co- owner whose apartment has an apartment above or below it Such notice shall be given by serving a copy thereof on the owner, as shown on the said current tax roll, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax roll 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 Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because Of its ownership of elements or areas located within two hundred (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-owner or homeowners on account of such common element or areas. [Amended 7-7-82 by Ord No 42-1982]

(2) 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 Subsection B(1) of this section to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises

(3) 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 situate within two hundred (200) feet of a municipal boundary

(4) 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 administrative officer pursuant to Section 6b of the Municipal Land Use Law.

(6) In addition to the notice requirements set forth above, all applicants for rezoning, major preliminary subdivision approval, preliminary site plan approval, use variances, or conditional uses shall post, in plain view, on the property which is the subject of such application, a sign of sixteen (16) square feet detailing the date, time, place and general subject matter of the hearing on said application. The sign shall be posted at least ten (10) days before the initial hearing, and shall be removed within five (5) days following the initial hearing.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 10-2004.

C. All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for the hearing, and the developer shall file an affidavit of proof of service with the Board, or Township Clerk, holding the hearing on the application for development

D. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A 40 55D-14.

E. 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, 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 rolls in the Township Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available as required by law

[Amended 7-7-82 by Ord. No 42-1982]

Pursuant to the provisions of N.J.S.A 40 55D-12, the Tax Assessor shall, within seven (7) days of receipt of a written request therefor, make and certify a list from the current tax rolls of names and addresses of owners to whom the applicant is required to give notice pursuant to § 134-45 of this chapter A sum not to exceed twenty-five cents ($0.25) per name or ten dollars ($10 ), whichever is greater, shall be charged for such list and shall be received prior to release of such list.

A. Each decision on any application for development shall be reduced to writing and shall include findings of fact find conclusions based thereon

B. Where a motion to approve an application for development fails to receive the number of votes required for approval, said failure shall be deemed an action denying the application

C.The Planning Board or Board of Adjustment may provide such written decision and findings and conclusions either on the date of the meeting at Much the Board takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final forty-five (45) days of the applicable time period for rendering a decision on the application for development, within forty-five (45) days of such meeting by the adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the Board thereon An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, not. withstanding the time at which such action occurs within the applicable time period for rendering a decision on the application

* The adoption of a resolution of memorialization pursuant to this subsection 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 the majority of the members of the Board who voted 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 Board and not to be an action of the Board, except that failure to shall result in the approval of the application for development, notwithstanding any prior action taken thereon, shall constitute the date of the decision for the purposes of the mailings, filings and publications required by the Municipal Land Use Law

* A copy of the resolution shall be mailed within ten (10) days of the date of adoption of same to the applicant or, if represented, to his attorney without separate charge A copy of the decision shall also be mailed to all persons who the have requested it and who have paid the fee Prescribed by he Board for such service A copy of the decision shall also be filed in the Office of the Township Planner and Zoning Officer, 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 established for copies of other public documents in the township

A. A brief notice of every final decision shall be published in the Official newspaper of the municipality, Such publication shall be arranged by the Secretary of the Planning Board or Board of Adjustment, as the case may be A reasonable charge may be made to the applicant for such publication. Said notice shall be sent to the Official newspaper for publication within ten (10) days of the date of such decision

B. Nothing herein shall prevent the applicant from arranging such publication however, if he so desires

(A) Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or the Board of Adjustment shall be accompanied by a certificate issued by the Tax Collector 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 said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

(B) The applicant shall, upon submitting the request for the issuance of a tax status certificate, pay the Tax Collector a fee of $10.00 per search, in accordance with the provisions of N.J.S.A. 54:5-14. In the event the application is either withdrawn by the applicant or denied by the Board and the application is re-submitted within three (3) years of the date of the issuance of the tax status certificate, the applicant shall pay a fee of $2.00 per calendar year for the issuance of a current tax status certificate.

**Webmasters Note: The previous section has been amended as per Ordinance No. 31-2005.