[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:
[Amended 3-12-2020 by Ord. No. 7-2020]
(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:
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.
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.
