[Amended 9-5-2006 by Ord. No. 33-2006]
The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan. Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to require hearings on concept plans, minor site plans, minor subdivisions or resubdivisions. The Township Council shall hold a hearing on the adoption or amendment of a development regulation and Official Map or a capital improvements program. Those hearings for which a public notice must be given are set forth in § 170-45 of this chapter.
The Township Planning Board or Board of Adjustment or Township Council, 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 administrative officer. The developer may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
A. 
Complete application. 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:
(1) 
The application for a concept plan lacks information required in § 170-71A of this chapter;
(2) 
The application for a minor subdivision plat lacks information required in § 170-71B of this chapter;
(3) 
The application for a preliminary subdivision plat lacks information required in § 170-71C of this chapter;
(4) 
The application for a final subdivision plat lacks information required in § 170-71D of this chapter:
(5) 
The application for a preliminary site plan lacks information required in § 170-71E of this chapter;
(6) 
The application for a final site plan lacks information required in § 170-71G of this chapter;
(7) 
The application for a conditional use lacks information required in § 170-88 of this chapter as set forth therein, depending upon the particular conditional use approval requested, as well as said application lacks information required in § 170-71E of this chapter; or
(8) 
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.
B. 
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 correction of any information found to be in error and submission of additional information not specified in this chapter 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. The provisions of the County and Municipal Investigations Law, 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 agency may exclude irrelevant, immaterial or unduly repetitious evidence.
The municipal agency conducting such hearing shall provide for the 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.
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:
A. 
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
B. 
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 Municipal Land Use Law (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-10h and i). 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.
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the developer or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a fee of $1 per page, not to exceed $10. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. A copy of such filed decision shall be made available for public inspection in the office of the administrative officer during regular business hours.
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 administrative officer, provided that nothing contained in this chapter shall be construed as preventing the developer from arranging such publication, if he so desires. The Township shall charge the developer 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 Township or by the developer.
[Amended by Ord. No. 4-1987]
A. 
The following hearings shall require a public notice be given by publication in the official newspaper of the Township, if there is one, or in a newspaper of general circulation:
(1) 
An application for development, before the Planning Board, of a preliminary plat of a major subdivision.
(2) 
The adoption, revision or amendment of the Master Plan or any part thereof by the Planning Board.
(3) 
Any application before the Board of Adjustment.
(4) 
An application for development, before the Planning Board, in which relief is requested pursuant to N.J.S.A. 40:55D-60.
(5) 
Adoption, revision or amendment of any development regulations by the Township Council.
(6) 
Adoption, revision or amendment of the Township Official Map by the Township Council.
(7) 
An application for development involving a conditional use.
(8) 
An application for preliminary site plan approval.
B. 
Notice shall be given by the developer at least 10 days prior to the date of the hearing and shall state the date, time and place of the hearing, the nature of the matters to be considered, an 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.
[Amended by Ord. No. 12-1987]
All hearings requiring a public notice shall meet the following requirements:
A. 
Notice of the hearing shall be given to the owners of all real property as 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. 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, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
B. 
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.
C. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for 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.
D. 
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
E. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs 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 Township Clerk.
F. 
Upon written request, the administrative office shall, within seven days, make and certify a list to the developer from said current tax duplicates of names and addresses of owners to whom the developer is required to give notice pursuant to Subsection A of this section. The developer shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
G. 
The developer shall file an affidavit of proof of service and publication with the municipal agency holding the hearing on the application for development in the event that the developer is required to give notice pursuant to this section.
The Planning Board shall give:
A. 
Public notice of a hearing on adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township 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 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. 
The Township Council shall give 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 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 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 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 improvement program, or any proposed revision or amendment thereto, as the case may be.
C. 
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
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 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 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.