ARTICLE III. Provisions Applicable to Both Planning Board and Zoning Board of Adjustment
§ 28-19. Conflicts of interest.

No member of the Planning Board or Zoning 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.

§ 28-20. Meetings.

A. Meetings of both the Planning Board and Zoning 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.

B. Special meetings may be provided for at the call of the Chairman 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 the members present at the meeting except as otherwise required by any provisions of N.J.S.A. 40:55D-1 et seq.

E. All regular meeting and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of N.J.S.A. 10:4-6 et seq.

§ 28-21. 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 the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Zoning Board Secretary.

§ 28-22. Fees.

Fees or charges for submission of applications or for rendering any service by the Planning Board or Zoning Board of Adjustment or any member of its administrative staffs for review of an application for development, for inspections or for taking of appeals shall be as set forth in any general fee ordinance of the Borough or as established in any ordinance regulating the use and development of land.

§ 28-23. Hearings.

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 N.J.S.A. 40:55D-1 et seq. or of this chapter.

B. 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 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 a stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.

§ 28-24. Notice requirements for hearing.

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to an application filed with the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a or b or pursuant to the determination of the municipal agency in question, the applicant shall give notice as required by the applicable statute.

§ 28-25. List of property owners furnished.

Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of the maximum fees provided for in said section of the statute, 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 § 28-24 of this chapter.

§ 28-26. Decisions on application for development.

A. Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.

B. A copy of the decision shall be mailed by the Board within 10 days of the date of memorialization to the applicant or, if represented, then to his 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 Zoning Board Secretary, 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 municipality.

C. The decision of the Board shall be memorialized in accordance with the Municipal Land Use Law.

D. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which the action occurs within the applicable time period for rendering a decision on the application.

§ 28-27. Publication of decision.

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 Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

§ 28-28. Payment of taxes.

A. Subdivisions and site plans. Pursuant to the provisions of N.J.S.A. 40:55D-39, every application for subdivision approval or site plan approval, or both, which is submitted to the Planning Board or to the Zoning Board of Adjustment 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.

B. All other applications. Pursuant to the provisions of N.J.S.A. 40:55D-65, every application for development (other than subdivision or site plan approval) which is submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property for which the application is being made. In the event that it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall require payment of the same as a condition precedent to the issuance of any permits as a result of said approval or other relief.

§ 28-29. Disclosure of ownership by corporation or partnership.

A. A corporation or partnership applying to a municipal agency for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

B. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection A of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock, or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion have been listed.