ARTICLE 3 ADMINISTRATION AND GENERAL PROCEDURES
3.1 RULES AND REGULATIONS

The planning board, board of adjustment and Borough council shall adopt, and may amend reasonable rules and regulations, not inconsistent with this ordinance, 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 all such rules and regulations and revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.

3.2 MEETINGS; QUORUM; VOTE: EXECUTIVE SESSIONS; MINUTES

(a) The planning board and board of adjustment each shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by it. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. Provisions may be made for special meetings, at the call of the chairman or on the request of any 2 of its members, which shall be held on notice to its members and the public in accordance with municipal regulations.

(b) No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the following sections of R.S. 40:55D-1 et seq.:

(1) R.S. 40:55D-17e ... Dealing with the Borough council reversing action by the planning board;

(2) R.S. 40:55D-26a ... Dealing with the Borough council overriding the planning board report on development regulations;

(3) R.S. 40:55D-26b ... Dealing with another municipal agency overriding the planning board on matters referred to the planning board;

(4) R.S. 40:55D-32... Dealing with the adoption of the official map;

(5) R.S. 40:55D-34... Dealing with issuance of building permits on lands reserved on the official map;

(6) R.S. 40:55D-62... Dealing with the adoption of a zoning ordinance;

(7) R.S. 40:55D-63... Dealing with a protest against a zoning change;

(8) R.S. 40:55D-70d... Dealing with a use variance application.

(c) Where a hearing results in a tie vote, or whenever a municipal agency decides that the ends of essential justice may be served thereby, a rehearing may be directed.

(d) Nothing herein shall be construed to contravene any law providing for procedures for the Borough council.

(e) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations and this chapter. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this ordinance.

(f) Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the agency and of the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it and reasons therefor. The minutes of the planning board and board of adjustment shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Minutes of the Borough council shall thereafter be made available for public inspection during normal business hours at the office of the Borough clerk. 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 for his use.

3.3 ORDINANCES FILED

This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the county planning board. An official map shall not take effect until filed with the county recording officer. Copies of this ordinance and any revisions or amendments thereto shall be filed and maintained in the office of the Borough clerk

3.4 EXCLUSIVE AUTHORITY OF PLANNING BOARD AND BOARD OF ADJUSTMENT

Any power expressly authorized by this ordinance to be exercised by the planning board or the board of adjustment shall not be exercised by any other body, except as otherwise provided in this ordinance.

3.5 TOLLING OF RUNNING OF APPROVAL PERIOD

In the event that, during the period of approval heretofore or hereafter 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 said development, the running of the period of approval under this ordinance or under any ordinance repealed by this ordinance, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

3.6 CONDITIONAL APPROVALS

(a) In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, 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 and welfare, the municipal agency shall process such application for development in accordance with R.S. 40:55D-1 et seq. and this ordinance and, if such application for development complies with this ordinance, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

(b) In the event that development proposed by an application for development requires an approval by 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 ordinance or within an extension of such period as has been agreed to by the developer, unless the municipal agency is prevented or relieved from so acting by the operation of law.

3.7 PAYMENT OF TAXES

Every application for development submitted to the planning board or board of adjustment shall be accompanied by proof that no taxes or assessment for local improvements are due or delinquent on the property which is the subject of such application.