The Planning Board shall hold a hearing on each application for development or on the adoption, revision or amendment of the Master Plan, except for conventional site plan for which hearing is not required by ordinance, minor subdivisions or final approval pursuant to Article IX of this chapter. In the event ancillary relief is requested pursuant to N.J.S.A. 40:55D-60 as part of an application for development which is otherwise excepted from public notice and hearing, such public notice shall be required.
The Planning Board shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing during normal business hours in the office
of the Municipal Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
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 the County and Municipal Investigations Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
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.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
[Amended 3-17-1980 by Ord. No. 80-4]
A.
The Planning Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Planning Board shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his expense.
B.
The Planning Board, in furnishing a transcript of the proceedings
to an interested party at his expense, shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2B:7-4. Said transcript
shall be certified in writing by the transcriber to be accurate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended 3-17-1980 by Ord. No. 80-4; 6-6-1988 by Ord. No. 88-14]
A.
The Planning Board shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The Planning Board shall
provide the findings and conclusions in the manner prescribed in N.J.S.A.
40:55D-10g.
B.
The Planning Board shall provide notice and publication of its decision
in accordance with N.J.S.A. 40:55D-10h and i.
A copy of the decision shall be mailed by the Planning Board
within 10 days of the date of decision to the applicant, or if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decision, for a reasonable fee. A copy of the decision
shall also be filed by the Planning Board in the office of the Municipal
Clerk. The Municipal Clerk shall make a copy of such filed decision
available to any interested party for a reasonable fee and available
for public inspection at his office during reasonable hours.
[Added 3-17-1980 by Ord.
No. 80-4]
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant unless a particular municipal officer
is so designated by ordinance; provided that nothing contained herein
shall be construed as preventing the applicant from arranging such
publication if he so desires. The municipality may make a reasonable
charge for its publication. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision, whether arranged by the municipality or the applicant.
After the preliminary plat is approved and signed by the Planning
Board Chairman and Secretary, the Secretary to the Planning Board
shall have 10 copies made, at the expense of the developer, to be
forwarded to each of the following:
