A. Meetings.

(1) Every municipal agency shall, by its rules, 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 canceled for lack of applications for development to process.

(2) The municipal agency may provide for special meetings, at the call of the Chairman or at the request of any two (2) of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

(3) No action shall be taken at any meeting without a quorum being present.

(4) All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63 and N.J.S.A. 40:55D-17e, 40:55D-26a and b and 40:55D-70d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

(5) 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 Act, N.J.S.A. 10:4-6 et seq.

(6) 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 N.J.S.A. 40:55D-1 et seq.

B. Minutes. 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 it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer (Planning Board or Board of Adjustment Secretary). 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 in an amount sufficient to cover the cost of such reproduction of the minutes for his use.

C. Hearings.

(1) Required hearings. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.

(2) Rules for conducting hearings. The Planning Board and 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 this chapter.

(3) 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 ten (10) days before the date of the hearing during normal business hours in the office of the administrative officer (Planning Board or Board of Adjustment Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

(4) Oaths. The officer presiding at the hearing or such person as he may designate shall have the 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.

(5) 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 the number of witness.

(6) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(7) Verbatim recording. The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or by 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.

(8) Transcript charge. The municipal agency in furnishing a transcript of the proceeding 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, as amended. Said transcript shall be certified in writing by the transcriber to be accurate.

(9) Requirements for a certified shorthand reporter. A certified shorthand reporter shall be provided by an applicant at his expense for a major subdivision, major site plan or use variance application before a municipal agency. The applicant shall provide -a certified copy of the transcript of the proceedings to the municipal agency at his expense. In the event that an applicant shall provide a certified shorthand reporter for any other type of application before a municipal agency, the applicant shall provide a copy of the transcript to the municipal agency if requested or in the event of a court case.

(10) Voting eligibility. A member or alternate member of a municipal agency who was 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 or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcripts or recordings of all of the hearings from which he or she was absent and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

D. Notice requirements for hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least ten (10) days prior to the date of the hearing in accordance with the following;

(1) Public notice of a hearing on an application for development shall be given for all of the following:

(a) Appeal or variance pursuant to N.J.S.A. 40:55D-70.

(b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

(c) Conditional uses pursuant to N.J.S.A. 40:55D-67.

(d) Preliminary major subdivision plats.

(e) Preliminary major site plans.

(2) Public notice shall be given by publication in the official newspaper of the borough, if there is one, or in a newspaper of general circulation in the borough.

(3) Notice of a hearing requiring public notice pursuant to Subsection D(1) above shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (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 condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any coowner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the owner, as shown on said current tax duplicate, 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 said 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, 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 common 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-owners or homeowners on account of such common elements or areas. Notice of a hearing requiring public notice pursuant to Subsection D(1) shall be given to public utilities and cable television companies in accordance with Subsection D(8) of this section. (Amended 12-13-1993 by Ord. No. 670]

(4) 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 § 94-3.3D(3) of this chapter to the owners of lands in such adjoining municipality which are located within two hundred (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 two hundred (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 State Planning Commission of any 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 N.J.S.A. 40:55D-10b. [Amended 12-13-1993 by Ord. No. 670]

(8) Notice to public utilities. [Added 12-13-1993 by Ord. No. 670]

(a) Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to N.J.S.A. 40:55D-12 shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the borough and which has registered with the borough in accordance with Subsection D(8)(b) below, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

(b) Every public utility, cable television company and local utility interested in receiving notice pursuant to Subsection D(8)(a) above and N.J.S.A. 40:55D-12h may register with the borough if the public utility, cable television company or local utility has a right-of-way or easement in the borough. The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.

(c) The Tax Assessor shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the borough pursuant to Subsection D(8)(b) of this section. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to Subsection D(8)(a) above. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12c.

(d) A registration fee of ten dollars ($10.) shall be paid by any public utility, cable television company or local utility which registers to receive notice pursuant to Subsection D(8)(b) above.

(9) The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and this subsection.

(10) Any notice made by certified mail as herein above required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

(11) 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.

(12) Notice pursuant to Subsection D(4) through (8) of this section shall not be deemed to be required, unless public notice pursuant to Subsection D(1) and (2) and notice pursuant to Subsection D(3) of this section are required. [Amended 12-13-1993 by Ord. No. 670]

(13) List of property owners furnished. Upon written request of an applicant, the administrative officer (Tax Assessor) shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection D(3) of this section. In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven (7) days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection D(8) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. A fee of twenty-five cents ($0.25) per name or ten dollars ($ 10.), whichever is greater, shall be charged for such list. [Amended 12-13-1993 by Ord. No. 670]

E. Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.

(1) Reduction to writing shall be accomplished through a resolution adopted at a meeting held within the applicable time period for taking action on the application for development or a resolution adopted at a meeting not later than forty- five (45) days after the date of the meeting at which action to grant or deny approval was taken memorializing said action. Where the agency fails to adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the 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 borough.

(2) The following members shall be eligible to vote on the resolution:

(a) Where the action taken resulted from the failure of a motion to approve an application pursuant to § 94-3.3A(4) of this chapter, those members voting against the motion for approval shall be the members eligible to vote on the resolution.

(b) In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.

(3) The following shall apply to adoption of the resolution:

(a) The vote on a 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.

(b) The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.

(c) The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required.

(4) Copies of the decision shall be distributed by the administrative officer (Planning Board or Board of Adjustment Secretary) as follows:

(a) A copy shall be mailed within ten (10) days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge.

(b) A copy shall be filed in the office of the administrative officer and shall be made available for public inspection during reasonable hours.

(e) A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.

(5) A brief notice of the decision shall be published in the official newspaper(s) of the borough.

(a) Such publication shall be arranged, and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

(b) Such notice shall be published within thirty (30) days of the date of decision or twenty (20) days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board or Board of Adjustment Secretary), whichever is later, or within such other appropriate period as may be determined by the municipal agency at the time of decision.

(c) Failure of an applicant to publish as herein required shall render any approvals null and void.

F. 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 thereon within the required time period.

(4) The municipal agency may impose such other conditions, including but not limited to those enumerated in Article VI of this chapter, as it deems appropriate.

(5) In all cases, the municipal agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the municipal agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

G. Tolling of running of period of approval. 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 shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

H. Payment of taxes. 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 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; 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 borough will be adequately protected.

I. Appeals to Borough Council. Any interested party may appeal to the Borough Council any final decision of the Board of Adjustment approving an application for development pursuant to § 94-3.2K(1)(d) and N.J.S.A. 40:55D-70d. Such appeal shall be made within ten (10) days of the date of publication of such final decision in accordance with the provisions of N.J.S.A. 40:55D-17.

J. Time for decision. After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one (1) type of application is involved, the longer time period shall apply.