BOROUGH OF ROSELLE PARK MUNICIPAL LAND USE BOARD RULES AND REGULATIONS Re-Adopted January 10, 2011 Borough of Roselle Park Municipal Land Use Board Rules and RegulationsArticle L General Provisions Section 1: ‘Dhese rules are supplementary to the provisions of the Municipal Land Use Law and the Revised General Ordinances of the Borough of Roselle Park (the “Code”) as they relate to the procedures of the Roselle Park Municipal Land Use Board (the “Board”, The Board shall consist of nine members and four alternate members. The Board shall convene a meeting in January of each year at 7:00 p.m, for the purpose of organizing the affairs of the Board for the calendar year. Section 4: Nothing herein shall be construed to give or grant to the Board the power or authority to alter or change the land use provisions of the Code, including the zoning map, which authority is reserved to the governing body, except as permitted by statute. Section 5: ‘The office of the Board shall be located at the Borough Hall. All records of the Board shall be available for public inspection between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday (except for legal holidays), in the office of the Borough Clerk, Article IL Officers and Employees Section 1: ‘The officers of the Board shall be a Chairman, a Vice- Chairman and a Secretary. Section 2: At the annual organization meeting of the Board, the Board shall elect from its Class TV members, a Chairman and a Vice-Chairman, ‘The Board shall also elect a Secretary from among its members at the annual organization meeting. Re-Adopted January 10, 2011Section 3: Section 4: Section 5: ‘A candidate receiving the majority vote of the membership of the Board shall be deemed elected to the office for which the vote was taken and shall serve for one year or until he or she is re-elected or his or her successor shall take office. In the event that an office shall become vacant in some factual manner or by operation of law, the office shall be filled as. soon as possible by the same election procedure, and the term of such office shall be the unexpired term of the predecessor. The Chairman shall supervise the affairs of the Municipal Land Use Board. He/She shall preside at all meetings of the Board, shall appoint such committees and subcommittees as may be necessary to carry out the purposes of the Board, shall provide for the issuance of subpoenas to compel the attendance of witnesses and the production of relevant evidence, and shall perform all other duties normally appertaining to the office as required by law, ordinance, these rules or prevailing parliamentary practice. The Chairman shall be an ex officio member of all committees and subcommittees so appointed. When required by statute, ordinance or rule to do so, he shall sign all legal documents, ‘The Vice-Chairman shall preside at all Board meetings and hearings in the absence, disability or disqualification of the Chairman, and shall exercise all of the powers and perform all of the duties of the Chairman under such circumstances. Re-Adopted January 10, 2011Section 7: Section 8: Section 9: Section 10: The Secretary shall, when required by statute, ordinance or rule to do so, sign all legal documents, The Secretary may also execute resolutions of the Board and perform such other duties normally appertaining to the office of Secretary as required, ‘The Board shall annually appoint or reappoint an Attorney- At-Law of the State of New Jersey to serve as the legal advisor and representative of the Board. ‘The Board Attorney shail be compensated in accordance with the ordinances and/or resolutions of the Board and Governing Body of the Borough of Roselle Park. The Board shall annually appoint or reappoint a licensed professional engineer in the State of New Jersey who shall review and report on the applications and other matters pending before the Board at the direction of the Board, and who shall attend the meetings of the Board unless otherwise instructed. The Board Engineer shall be compensated in accordance with the ordinances and/or resolutions of the Board and Governing Body of the Borough of Roselle Park. The Board may also appoint or reappoint a licensed professional planner in the State of New Jersey who shall review applications and land use matters, prepare Master Plan and reexamination reports and attend meetings at the pleasure of the Board. The Board Planner shall be compensated in accordance with the ordinances and/or resolutions of the Board and Governing Body of the Borough of Roselle Park. The Board shall designate a Clerk, who shall serve at the pleasure of the Board, The Clerk shall generally perform the secretarial work of the Board, including but not limited to the following: Re-Adopted January 10, 2011(@) Conduct all official correspondence of the Board; (b) Attend all meetings of the Board and record and maintain permanent minutes of the Board’s proceedings, showing the vote of cach member upon every question, or if absent or failing to vote, indicating that fact; meetings must be recorded on tape and kept for 60 days from the date of the meeting in the Borough Clerk’s office; (c) Maintain and keep records of the Board’s hearings, examinations and other official actions; (da) Summarize accurately the testimony of those appearing before the Board and record the names and addresses of all persons appearing before the Board in person or by attorney; (e) Publish ina local newspaper the Board’s public notices of meetings or hearings as required by law and these rules of procedures; (f) File said minutes and records in the office of the Borough Clerk, which minutes and records shall be a public record; (g) Mail, deliver or otherwise make available to each member of the Board and the professionals serving the Board the copies of the minutes and all other documents and materials pertaining to the business of the Board; and (h) Perform such other duties as may be required by the Board, ‘The Clerk of the Board shall be compensated in accordance with the ordinances and/or resolutions of the Board and Governing Body of the Borough of Roselle Park. Section 11: The Board may also appoint such other officers and/or assistants and employ/engage such additional experts or staff as it may deem necessary from time to time. Re-Adopted January 10, 2011Article OL Meetings At its annual organizational meeting in January, the Board shall designate an official newspaper for the publication of official notices and shall designate newspapers to which notices pursuant to the Open Public Meetings Act, L,1975, ¢, 231, are to be sent, and shall adopt and publish a calendar of its regular meetings pursuant to the Open Public Meetings Act, which meetings shall be scheduled at least once per month. Section Section 2: Meetings of the Board shall be held in the Council Chambers of the Roselle Park Borough Hail at 7:00 p.m. on the third Monday of cach month. If the regular meeting falls on a legal holiday, such meeting shall be held on such other day as the Board may select. Whenever there are no matters to be considered at any regular meeting other than the annual organization meeting, the Chairman may cancel the meeting by directing the Clerk of the Board to provide notice of cancellation to each Board member by reasonable means as soon as possible in advance of the time set for such meeting and by giving notice in accordance with the Open Public Meetings Act or otherwise posting the cancellation for the convenience and interests of the public. Section 3: Special meetings may be called by the Chairman or, in his absence, by the Vice-Chairman, at any time, or upon the written request of three (3) or more members of the Board, provided that adequate notice thereof be mailed or given to each member of the Board and to the public, as required or allowed by the Open Public Meetings Act or other law. An applicant may request but shall not be entitled to a special meeting, Special meetings at the request of an applicant may be scheduled at the pleasure of the Board provided the public interest is fairly and reasonably served. The applicant shall be responsible for all fees and costs related thereto, Re-Adopted January 10, 2011Section 4: Section 6: Section 7: All meetings of the Board shall be open to the public at all times. Nothing herein shall be construed to limit the discretion of the Board to permit, prohibit or regulate the active participation of the public at any meeting. The Board may exclude the public only from those portions of a meeting at which the Board discusses matters within the exclusions provided under N.J.S.A. 10:4-12b and/or N.JS.A. 40:55D-9b. A quorum shall consist of five (5) members for any meeting. An affirmative vote of a majority of the members present is required for any appeal, decision, determination or official action of the Board, except as otherwise required by the Municipal Land Use Law N.J.S.A. 40:55D-1, et seq. A quorum of the Board shall be present at all public hearings and for the transaction of any business. Subject to the discretion of the Chairman to the contrary, the order of business for all regular meetings shall be as follows: (a) Call to Order (b) Roll Call (c) Salute to the flag (a) _ Statement by the Presiding officer concerning public notice, as required by the “Open Public Meetings Act” (©) Approval of minutes of previous meeting (f) Public Portion (g) Hearing of new applications (h) Approval of pending resolutions (i) New business G) Completion of unfinished business (kK) _ Report by Subcommittees () Payment of bills (m) Comments for the benefit of the Board (n) Adjournment Re-Adopted January 10, 2011‘The Board shall be under no obligation to consider new matters after 10:00 p.m. and will take no new testimony beyond 10:30 p.m. This rule may be waived by an affirmative vote by a majority of the Board members then present and qualified to vote. Section 9: Robert's Rules of Order, latest edition, shall be followed whenever a particular procedure or practice is not contemplated by these rules and regulations. Article Ad istration ppeals and Applications Section 1: An action in the nature of an appeal alleging that there is an error in any order, requirement, decision or refusal made by the Borough Building Inspector, Zoning Officer or other official based on or made in the enforcement of the zoning ordinance shall be commenced by the filing of a notice of appeal in accordance with the provisions of the statute within 20 days from the date of the order, decision or refusal appealed from, which notice of appeal shall be filed with from the officer from whom the appeal is taken and shall specify the grounds of such appeal. Said officer shall immediately transmit to the Clerk of the Board all papers constituting the record upon which the action appealed from was taken and the Clerk shall proceed to place the matter on the calendar in accordance with the provisions of Article V herein. The applicant shall pay at the time of such filing the fee required by ordinance. Section 2: With respect to an application for development, the Municipal Land Use Board shall hear and decide all such applications for approval of site plans, subdivisions, bulk variances, use variances and conditional uses. Additionally, the Board may grant variances pursuant to N.J.S.A. 40:55D- 34, NJS.A. 40:55D-32 and N.IS.A. 40:55D-36. All applications shall be considered by the Board in accordance with the Municipal Land Use Law and the Code. Re-Adopted January 10, 2011An applicant seeking a variance pursuant to N.J.S.A. 40:55D-70(d) may either simultaneously file an application for any required site plan or subdivision approval or may make a subsequent application to the Board for such approval. The Board may consider the variance request before dealing with the subdivision or site plan. Section 3: All application forms shall be obtained from the office of the Borough Clerk and all applications shall be submitted to the Borough Clerk. Twenty (20) copies of all required applications and documents shall be submitted. After receiving an application, the Board or its designees shall determine the completeness of the application in accordance with the Municipal Land Use Law and the Code. No. application shall be deemed complete until and unless all required fees have been paid. Upon a determination of completeness, the Board Clerk shall so notify the applicant, and the application shall be determined to be complete as of the day it was so certified by the Board or its designees for purposes of commencement of the time period within which the Board must act upon an application. Seetion 5: One (1) copy of each application submitted shall be distributed to each regular and alternate member of the Board, as well as the Board Attomey, Board Engineer, Board Planner and Clerk of the Board. Additionally, one (1) copy of each application shall be submitted to the Chief of the Police Department, the Chief of the Fire Department, Board of Health, and any other Borough official or department deemed necessary by the Board with a request for comments to be submitted to the Board (with copies sent to the applicant or his attorney) as far in advance of the hearing date as possible. One (1) copy of the application shall remain in the Board’s file. Section 6: Applications shall be scheduled for hearing at the next regular monthly meeting of the Board to be held at least twenty-one (21) days after submission of an application is determined to be complete by the Board or its designees. Applications shall be scheduled so as to comply with Re-Adopted January 10, 2011statutory and ordinance time limitations. The scheduling of applications shall be at the discretion of the Board or its designees. In the event of an excess of applications, those filed later shall be scheduled for the next regular meeting. Special meetings may be scheduled by the Board in the event that a backlog develops. After an application has been scheduled, the Board or its designees shall notify the applicant via written notice as to the date fixed for hearing and schedule same on the Board’s calendar, Seetion 8: At least ten (10) days prior to the time appointed for the hearing, the applicant must file the required maps, plans and other documents with the Board to be made available for review by the public. In addition, prior to or at the time of the hearing, the applicant must submit all required proofs of notice and publication to the Board for review and approval. Section 9: No application shall be scheduled, heard or decided unless applicants submit proof of payment of all real estate taxes due through the date of the application, Section 10: If the applicant is not the owner of the premises affected by the application, an affidavit or consent executed by the owner of the affected premises shall be filed with the Board consenting to the filing of the application. Article V Hearing Procedures Section 1: At the time of the hearing, the applicant may appear in his ‘own behalf or be represented by his counsel, unless it is a corporation or limited liability company, in which case, it must be represented by an atfomey. Section 2: If the applicant or his attorney shall fail to appear: Re-Adopted January 10, 2011(a) (b) @ ‘The Chairman may entertain a motion from the Board to dismiss the case without prejudice for want of prosecution. In the absence of a motion by the Board, the Chairman shall make a determination, in his own discretion, whether the case should be dismissed. In cases which are dismissed for want of prosecution, the applicant will be furnished written notice by the Clerk of the Board, via certified mail (return receipt requested). ‘The applicant shall have seven (7) days from the date of notice of dismissal to apply for reinstatement of the case. In such cases, the applicant must file a written request with the Board for reinstatement. Reinstatement shall be considered at the discretion of the Chairman for good cause shown, and upon payment of the requisite fee. If the Chairman denies reinstatement, the applicant may appeal such determination to the Board, which shall affirm or overturn the Chairman’s determination by a majority vote. In all cases reinstated in the above manner, the case will be docketed and notice served upon adjacent property owners in the usual manner prescribed for new cases, Scotion 3: All persons giving testimony at a hearing shall be duly sworn by the Board Attomey or, in the absence of the Board ‘Attorney, the Chairman or his designee. Section 4: Each application shall be considered in accordance with the following order of presentation: (a) (b) (©) @ © © Entry of appearance by the applicant or his or her counsel. Applicant may give opening statement, Applicant presents testimony and evidence, Board examines applicant’s witnesses. Any objector may cross-examine applicant’s witnesses through the Chairman. Objector may give opening statement and present evidence and testimony. Re-Adopted January 10, 2011(g) Applicant may cross-examine objector’s witnesses. (h) Board examines objector’s witnesses. (i) Board receives reports and/or testimony from its, engineering and planning consultants. ‘The Board may further receive testimony and/or reports from any other Borough official or consultant it may deem necessary for a particular application. (j) Public commentary. Public may present evidence, make statements or cross-examine witnesses. (k) Public portion closes. (Q) Applicant and/or objector, if applicable, make closing statements. Section 5: The Board shall not be bound by the strict rules of evidence, but it may exclude irrelevant, immaterial, incompetent, or unduly argumentative or repetitious testimony or evidence. Petitions may be received, but shall not be admissible. Section The Chairman shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Board. Section 7: When any papers, documents or exhibits are admitted into evidence during a hearing, they shall be marked by the Clerk of the Board or Board Attorney and may be retained by the Board until the termination of the matter, at which time they shall be retuned by the Board to the person who offered them. Section The Board may also take judicial notice of the provisions of any ordinance of the municipality, any public statute or regulation of the State of New Jersey and any officially reported judicial decision. Re-Adopted Jamuary 10, 2011Section 9: ‘The Board may, at any time, request a written report on any particular matter from any Borough officer, employee, board or agency in connection with a pending case provided, however, that a copy of any such report shall be made available to the applicant who shall, if requested, have an opportunity to question the maker of such report as to any fact or conclusion therein contained. Section 10: Board members may view the property that is the subject of an application upon reasonable notice to and consent of the applicant and/or landowner. Scetion 11: The burden of proof is upon the applicant, and it is the applicant’s responsibility to supply competent and credible evidence in order that the Board might determine the nature and degree of relief sought by the applicant. The applicant must establish, to the Board’s satisfaction, that pursuant to statutory and ordinance criteria, the applicant is entitled to the relief sought. Section 12: Continuances may be granted at the discretion of the Board in any case for good cause shown and to any interested party who has entered his appearance as follows: (a) New Cases ~In matters appearing for the first time on the agenda, continuances may be granted upon request. (b) Continued Cases ~ All cases which have previously appeared on the agenda of the Board constitute continued cases. A request for a further continuance will be considered upon application therefore by the applicant or his representative at the time the case is called for good cause and upon a showing that the applicant will be unable to proceed with his evidence at that hearing, Re-Adopted January 10, 2011Ifa continuance is granted by the Board, the Chairman shall announce to all those present the date, time and place to which the hearing on the matter is continued, No further notice need be given by the applicant in that event, unless the matter is continued to a special meeting, Where adjournment for a continuance would extend the statutory period within which the Board is required to act, the consent of the applicant shall be evidenced in writing or shalll be made on the record, Article VI Voting The board shall conduct its deliberations and vote on all matters in public session at the meeting in which evidence is concluded, unless the Board considers additional time for deliberation necessary, Once the Board begins deliberation and discussion, no further participation by the applicant or the public shall be permitted. Section All deliberations of the Board shall be conducted and all votes shall be made at a meeting that is open to the public. Section 3: The Chairman shall allow discussion on any motion made and duly seconded. All votes shall be made by the Board Clerk polling the membership by a roll call vote. The motion which decides the issues shall generally state whether the application is granted or denied and shall suggest specific conditions, if any, pertaining to the granting of the particular application. Re-Adopted January 10, 2011Section 4: All actions shall be taken by a majority vote of the members of the Board present at a meeting at which a quorum is in attendance, except that an application for a use variance or permit for a building or structure in the bed of a mapped street, public drainage way, flood control basin or public area as shown on the official map, shall require an affirmative vote of a majority of the full authorized membership of the Board, 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. Section 5: ‘Abstentions are disfavored except for good cause. An abstention shall be regarded as an assent to the vote of the majority. A disqualified member shall not be counted as an abstention, and instead, shall remove himself or herself from the consideration of the application. If the Board is evenly split in its decision, no majority exists with whom an abstaining member can be said to vote and accordingly abstentions shall not be assigned to either voting bloc. A tic vote shall defeat an application, and abstentions shall not be construed to approve an application; nor shall abstentions be used to create a tie, When any hearing before the Board has been continued, a member of the Board who was absent for one ot more hearing sessions shall be eligible to vote on the matter upon which the hearing is conducted notwithstanding the member’s prior absence provided that such member certifies in writing to the Board that he or she has read a transcript or listened to a recording of the entire session for which he or she was absent. Re-Adopted January 10, 2011Article VIE Decisions Section 1: Each case shall be decided sirictly on the basis of the facts adduced at the hearing viewed in light of the statutory and ordinance requirements, Alll decisions of the Board shall be made at a public meeting by motion made and seconded. Further, any adoption of a resolution must be made at a public meeting Section 2: After a decision has been reached by the Board as to whether to approve or deny an application, the Board Attomey shall prepare a proposed memorializing resolution to be adopted at a meeting held not Later than forty-five (45) days after the date of the meeting at which the Board voted to grant or deny approval, The proposed memorialized resolution shall contain proposed findings of fact and conclusions, the nature of relief granted or denied and any proposed general and specific conditions, if applicable. Only the members of the Board who voted in favor of the action taken may yote on the memorializing resolution. ‘An action of the Board resulting from the failure of a motion before the Board to approve an application shall be memorialized by resolution as provided for above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. Section 3: The resolution of the Board granting approval of any application may subject such grant to such conditions as the Board may impose in the public interest for the purpose of furthering any of the purposes of zoning. The Board may, when deemed necessary in the public interest, specifically provide in its resolution for the retention of jurisdiction over the action for a reasonable time, as therein specified, for the purposes of enabling it to vary the terms of any conditions as may be required by the existing circumstances, Re-Adopted January 10, 2011Section 5: Section 6: Section 7: ‘The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board previously taken, not the action itself; the date of the adoption of the resolution, however, shall constitute the date of the decision for the purpose of the mailings, filings, and publications required by law. A copy of the decision shall be mailed by the Board Clerk within ten (10) days of the date of the adoption of the resolution to the applicant; if represented to the applicant's attorney without separate charge; and to all who request a copy of the decision for the fee set by ordinance. A copy of the decision shall be kept on file in the office of the Borough Clerk. A copy of such filed decision shall be made available to any interested party for the fee set by ordinance and the decision shall be made available for public inspection during reasonable hours. ‘The Board Clerk shall arrange to have a brief notice of the decision published in one of the official newspapers of the municipality or the applicant may arrange such publication if he so desires. Alll resolutions granting approval for applications on property adjacent to county roads or affecting county draining facilities (L., once acre or more), shall be made subject to approval of said application by the Union County Planning Board or the failure of said Board to act within the time prescribed by law, All applications, except for applications concerning one single family dwelling, involving the disturbance of more than 5,000 square feet of surface area shall be made subject to approval of a Soil Conservation Plan by the Somerset-Union Soil Conservation District. Re-Adopted January 10, 2011Appeals and applications for any subdivision, site plan, variance or conditional use approval, shall be scheduled, heard and decided in accordance with the time frames prescribed by the Municipal Land Use Law. The time periods in which to hear an application may be extended by consent of the Board and the applicant. Article VIEL Availability and Attendance of Members Section 1: All Board members, including alternates, are expected to attend each meeting of the Board. Section Section 2: ‘There shall be four (4) alternate members of the Board who shall be designated by the appointing authority as “Alternate No. 1”, “Altemate No. 2”, Alternate No. 3” and “Alternate No. 4,” respectively. Alternate members may participate in all discussions of the Board, but may not vote, except in the absence or disqualification of a member. In the event of a choice between alternate members, Alternate No. 1 shall vote. Whenever a member or alternate member of the Board, without being excused by a majority of the authorized members of the Board, fails to attend and participate at meetings of the Board for a period of eight (8) consecutive weeks or for four (4) consecutive meetings, whichever is greater, at the conclusion of such period, the seat of such Board member shall be deemed vacant provided the Board shall promptly notify the appointing authority of its determination in writing, and provided further that the Board may refuse to excuse only those absences that are not due to legitimate illness. If there is an excuse other than illness, the Board may excuse the absence in its discretion. In the event of such notice to the appointing authority, the appointing authority shall forthwith fill the vacancy for the unexpired Sect Re-Adopted January 10, 2011term in a manner prescribed by law. This rule shall be automatically amended by operation of law in the event that the above standards are made more strict pursuant to amendment of N.J.S.A. 40A;9-12.1 or other relevant prevailing enactment, in which the language of this rule shall be deemed substituted by the language of such enactment. Article TX, Conflict of Interest Section 1: No member of the Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest, No member shall participate in proceedings in which such member has a conflicting interest that may interfere with the impartial performance of his or her duties as a member of the Boerd. ‘The decision as to whether a particular interest is sufficient to disqualify a Board member shall depend on the facts and circumstances of the particular case. Section 2: ‘The members of the Board shall comply with and be bound by the provisions of the Local Government Ethics Law, NJ.S.A. 40A:9-22.1, et seq. and shall annually file a statement as prepared by the Local Finance Board and the Division of Local Government Services, Department of Community Affairs. Section 3: Any members of the Board shall disqualify himself or herself from sitting on the hearing of any matter in which he or she has a conflict of interest, such as, but not limited to, the following situations: (a) The Board member is the spouse of an applicant or is related to the applicant within the third degree of consanguinity or is the husband or the wife of someone so related; Re-Adopted January 10, 2011(b) The applicant is the employer, employee or partner of the member, or is a corporation in which the member is a shareholder or has a financial interest; (c) The member owns property within two hundred (200) feet of the property which is the subject of the application; (d) The Board member has any other personal or pecuniary interest in the proceeding. Section 4: Any member having been deemed or having deemed himself or herself disqualified in any matter shall not sit with the Board or participate in the consideration of such matter. The nature of any such disqualification shall be disclosed at the time of recusal unless doing so would constitute an unwarranted invasion of individual privacy or could adversely affect the public interest. Article X Committees Section 1: The Board may have four (4) standing committees: (@) Site Plan/Subdivision Committee; (b) Development Review Committee; (c) Planning Committee; and (4) Master Plan Review Committee, The standing committees shall have such duties as shall be assigned to them by the Chairman. Section 2: Each standing committee shall consist of three (3) members of the Board. The Chairman shall annually appoint the members of each committee from among the members and alternate members of the Board, Bach committee member shail serve for a one (1) year term. Committee vacancies shall be filled as required, Re-Adopted January 10, 2011 20Article XT Section Section 2: Sectio: Section 4: Special or ad hoc committees may be established by a vote of the majority of the fall membership of the Board, The Chairman shall appoint the members of such committee(s), who shall serve for a term to be determined by the Board when it acts to establish such a committee(s). Miscellaneous Pro’ nS ‘The Board shall consider and report or act on such matters as may be referred to it by the governing body of the municipality, including, but not limited to, the master plan, the official map, the zoning ordinance, the capital improvements program, the preparation and review of programs or plans required by state or federal law or regulations, and such other advisory duties as may be assigned to it by ordinance or resolution of the governing body. ‘No appeal or application shall be considered with respect to which an applicant has failed to comply with the prevailing local ordinance or statutory requirements for the payment of escrow deposits toward anticipated municipal expenses for professional services. ‘The amount of the initial deposit shall be established by ordinance. ‘The applicant and the Board shall be bound by the provisions of N.J.S.A. 40:55D-53.2 and other prevailing statutory or ordinance requirements as to their respective interests and duties. All Board members will undergo mandatory training in accordance with state law and regulations. For good cause shown, or where the strict application of any rule would cause surprise or injustice, the Board may relax the requirement of such rule, except where the provisions of the rule are also statutory requirements. Re-Adopted January 10, 2011 2Article XI Records 1: A file of materials and decisions relating to each case shall be kept by the Board in the office of the Borough Clerk as part of the records of the Board. Se Section 2: All records of the Board shall be of public record. An Annual Report will be made available which will contain for the calendar year the Municipal Land Use Board’s findings of all applications heard. The report will contain but not be limited to the applicant’s name, application address, type of application, the date it was memorialized, voting status, resolution conditions and the current status of the application, Section ‘These rules and regulations may be amended by an affirmative majority vote of the full membership of the Board, Section The proposed amendment must be represented in writing and provided to each member of the Board at a regular or special meeting preceding the meeting at which the vote is taken. Re-Adopted January 10, 2011 22Inno event, however, shall any rule or regulation, as. amended, be applicable to any action commenced prior to the adoption of such amendment, where the application thereof would result in surprise, hardship or injustice to the applicant or any interested parties, Section The foregoing by-laws are hereby adopted by the Municipal Land Use Board of the Borough of Roselle Park on __, 2010. Chairman of the Roselle Park Municipal Land Use Board Secretary of the Re-Adopted January 10, 2011