A.
Oaths. The officer presiding at a hearing of the Joint
Planning Board, 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 the
County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.
) shall apply to such hearings.
B.
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.
C.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
D.
Records. The 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 of any interested party, upon
prior payment by such party of the estimated fee therefor. Said fee
shall be subject to adjustment upon ascertainment of the actual amount
thereof.
E.
When any hearing before the Joint Planning Board shall
carry over two or more meetings, a member of the Board who was absent
for one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his said absence;
provided, however, that such member has available to him a transcript
or recording of the meetings from which he was absent and certifies,
in writing, to the Board that he has read such transcript or listened
to such recording.
A.
Manner; service; publication; contents. Whenever a hearing is required on an application for development pursuant to this Part 1 or otherwise by law, the applicant shall give notice thereof as provided by Section 7 and Section 7.1 of the Municipal Land Use Law (N.J.S.A. 40:55D-11 and 40:55D-12).
B.
Additional contents for notice. All notices shall additionally specify the sections of this Part 1 from which the applicant seeks relief.
C.
When notice is not required. Neither public notice
of a hearing by publication nor notice to owners of real property
within 200 feet is required in the following cases:
(1)
Minor subdivisions.
(2)
Final approval of site plans and major subdivisions
pursuant to N.J.S.A. 40:55D-50; but notice and publication are required
for preliminary site plan review and preliminary major subdivision
approval.
(3)
Such categories of site plan review as may be specifically
excepted from the notice requirements by ordinances adopted pursuant
to N.J.S.A. 40:55D-12 [Section 7.1(a) of the Municipal Land Use Law].
(4)
Application for modification, waiver or alteration
of the terms or conditions of any variance, subdivision, site plan
or other similar approval, unless directed by the board having jurisdiction.
Notice shall be ordered if the modification, waiver or alteration
is substantial or relates to a material term or condition.
Within seven days after receipt of a request
therefor and upon receipt of payment of a fee of $10, the Tax Collector
shall furnish to an applicant and to the administrative officer a
list from the current tax duplicate of names and addresses of owners
to whom an applicant is required to give notice, and it shall be the
duty of the administrative officer to certify the list to the applicant
and, at least one week prior to the hearing, to the Board Attorney
for his file and information.
