Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 7-9-1987 by Ord. No. 22-87]
The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development and on the adoption, revision or amendment of the Master Plan. Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to require public notice of hearings on concept plans, minor subdivision or resubdivisions, final major subdivision plats or preliminary and final site plans. The governing body shall hold a hearing on the adoption or amendment of a development regulation, an official map or a capital improvements program. Those hearings requiring that a public notice be given are set forth in § 166-41 of this article.
A. 
The Township Planning Board or Board of Adjustment or Township Committee, as the case may be, 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 Board Secretary, in the case of the Planning Board or Board of Adjustment, or the Township Clerk, in the case of the Township Committee. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Amended 5-8-2014 by Ord. No. 17-14]
B. 
Complete application.
[Amended 9-13-1990 by Ord. No. 42-90]
(1) 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(a) 
The application for a subdivision concept plan lacks information required in § 166-81 of this chapter.
(b) 
The application for a site plan concept plan lacks information required in § 166-82 of this chapter.
(c) 
The application for a minor subdivision plat lacks information required in § 166-83 of this chapter.
(d) 
The application for a preliminary major subdivision plat lacks information required in § 166-84 of this chapter.
(e) 
The application for a final subdivision plat lacks information required in § 166-85 of this chapter.
(f) 
The application for a preliminary site plan lacks information required in § 166-86 of this chapter.
(g) 
The application for a final site plan lacks information required in § 166-87 of this chapter.
(h) 
The application for a conditional use site plan lacks information required in § 166-88 of this chapter.
(i) 
The application for a use variance, when the applicant requests separate approval of the variance prior to any subsequent approval required for the site plan, subdivision or conditional use, lacks information required in § 166-89 of this chapter.
(j) 
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(2) 
The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require the correction of any information found to be in error and the submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
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.
A. 
Testimony of witnesses. 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 witnesses.
B. 
Rules of evidence. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
C. 
Record of proceedings. The municipal agency conducting any hearing shall provide for a verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Said municipal agency shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. Said transcript shall be certified in writing by the transcriber to be accurate.
A. 
Written decision. The municipal agency 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 municipal agency shall provide the findings and conclusions through:
(1) 
A resolution adopted at a meeting held within the time period provided in the Act for action by the municipal agency on the application for development; or
(2) 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to Section 5 of the Act (N.J.S.A. 40:55D-9), resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such 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; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of this section: N.J.S.A. 40:55D-10.
B. 
If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal 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 municipality.
[Amended 5-8-2014 by Ord. No. 17-14]
A copy of the decision shall be mailed by the municipal agency 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 municipal agency in the office of the Board Secretary, in the case of the Planning Board or Board of Adjustment, or the Township Clerk, in the case of the Township Committee. The Board Secretary, in the case of the Planning Board or Board of Adjustment, or the Township Clerk, in the case of the Township Committee, 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 the hours from 9:00 a.m. to 4:00 p.m.
A brief notice of the decision shall be published in the official newspaper of the Township or in a newspaper of general circulation in the Township. Such publication shall be arranged by the Secretary of the Planning Board or Board of Adjustment, provided that nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The Township shall charge the applicant the cost of said 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.
A. 
Public notice of hearing shall be required for:
(1) 
All applications for development, except concept plans, minor subdivisions and resubdivisions, final major subdivisions and preliminary and final site plans.
[Amended 12-11-1997 by Ord. No. 34-97]
(2) 
The adoption, revision or amendment of the Master Plan or any part thereof.
(3) 
Any application for development in which relief is requested pursuant to § 166-9E.
(4) 
Deviation relief pursuant to Article XVI.
B. 
Said notices shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to § 166-42 as hereinafter regulated, 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 Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available.
A. 
Notice pursuant to Subsection A(1), (2), (3), (4), (5) and (6) of this section shall be given by the applicant at least 10 days prior to the date of the hearing.
(1) 
The public notice of hearing for any application for development shall be given to the owners of all real property within the State of New Jersey shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property 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.
(2) 
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, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. 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 to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice to a condominium association, horizontal property regime, community trust or homeowners association, because of its ownership of common elements or areas located within 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.
(3) 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
(4) 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for the 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 200 feet of a municipal boundary.
(5) 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk.
[Amended 12-11-1997 by Ord. No. 34-97]
(7) 
Notice of hearings on an application for development involving a major subdivision shall be given to a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with the Municipal Land Use Law at N.J.S.A. 40:55D-12.1 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.
[Added 12-11-1997 by Ord. No. 34-97]
B. 
Any public notice shall also be given by publication in the official newspaper of the Township of Hanover or in a newspaper of general circulation in the Township of Hanover.
C. 
Upon written request of an applicant, the Deputy Township Clerk shall, within seven days, make and certify a list from the current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection A(1) above. In addition, the Deputy Township Clerk shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice as a public utility, cable television company or local utility. 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 pursuant to Article VII shall be charged for such list.
[Amended 12-11-1997 by Ord. No. 34-97; 5-8-2014 by Ord. No. 17-14]
D. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
The Planning Board shall give:
A. 
Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of the municipality or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.
B. 
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
C. 
Notice by personal service or certified mail to the County Planning Board of:
(1) 
All hearings on the adoption, revision or amendment of the Municipal Master Plan at least 10 days prior to the date of the hearing. Such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto.
(2) 
The adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment. Such notice shall include a copy of the Master Plan or revision or amendment thereto.
Any notice made by certified mail pursuant to §§ 166-42 and 166-43 of this chapter shall be deemed complete upon mailing.
A. 
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
B. 
Notice by personal service or certified mail shall be made to the Morris County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing. Notice by personal service or certified mail shall be made to the Morris County Planning Board of the adoption, revision or amendment of the Municipal Capital Improvement Program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the Municipal Capital Program, or any proposed revision or amendment thereto, as the case may be.
C. 
Notice of hearings pursuant to this section shall state the date, time and place of the hearing, the nature of the matters to be considered and the location and times at which any maps and documents which are the subject of the hearing are available for inspection in the office of the Township Clerk. In the case of zone district classification or boundary changes with enhanced notice requirements pursuant to Subsection D below, the notice shall also provide an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks and by reference to lot and block numbers as shown on the current tax duplicates in the Township's Tax Assessor's office. Any notice made by certified mail as stipulated above shall be deemed complete upon mailing.
[Amended 12-11-1997 by Ord. No. 34-97; 5-8-2014 by Ord. No. 17-14]
D. 
Notice of a hearing on an amendment to the zoning regulations, which amendment proposes a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given in the following manner:
[Added 12-11-1997 by Ord. No. 34-97]
(1) 
Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on said current tax duplicate.
(2) 
Notice to a partnership owner may be made by service upon any partner.
(3) 
Notice to a corporate owner, including cooperatives, 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.
(4) 
Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation in addition to notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(5) 
The Township Clerk shall execute affidavits of proof of service of the notices required herein for the hearings on zoning district classification or boundary changes and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning regulation change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.
When any hearing before the Planning Board or Board of Adjustment, as the case may be, shall carry over two or more meetings, a member of the municipal agency conducting said hearing who is absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that said member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the agency that he has read such transcript or listened to such recording prior to his voting or participating on any decision on the matter.