Township of White, NJ Article VI Hearings

§ 160-37 When required.

The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development and/or 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 site plans, minor subdivisions or resubdivisions. The Township Committee 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 public notice be given are set forth in § 160-46 of this article.

§ 160-38 Availability of documents for public inspection.

The Township Planning Board or Board of Adjustment or governing body, 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 applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

§ 160-39 Powers of presiding officer.

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.

§ 160-40 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 number of witnesses.

§ 160-41 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.

§ 160-42 Record of proceedings. [1]

The municipal agency conducting any hearing shall provide for a verbatim recording of the proceedings by either stenographer or 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, pursuant to Chapter 207, Article I, of this Code. Said transcript shall be certified in writing by the transcriber to be accurate.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-43 Record of decisions.

[Amended 9-5-1986]

A. The municipal agency shall include findings of facts 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[1] for action by the municipal agency on the application for development; or

[1] Editor's Note: "Act" refers to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

(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 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.

B. Denial of an application by failure of a motion to receive the number of votes required 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.

C. 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 the purposes of the mailings, filings and publications required by §§ 160-44 and 160-45 of this chapter.

D. If the municipal agency fails to adopt the 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 agency to reduce its findings and conclusions to writing within a stated time, and the costs of the application, including attorney's fees, shall be assessed against the municipality.

§ 160-44 Availability of decision to public.

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 fee of $10. A copy of the decision shall also be filed by the municipal agency in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a fee of $10 and available for public inspection at his office during the hours on business days from 9:00 a.m. to 4:00 p.m.

§ 160-45 Publication of decision.

A brief notice of the final 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.

§ 160-46 Notice of hearings required.

A. The following hearings shall require that 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:

[Amended 9-5-1986]

(1) An application for development before the Planning Board of a preliminary plat of a major subdivision.

(2) An application for development before the Planning Board of a preliminary major site plan.

(3) An application for other than conventional development before the Planning Board.

(4) The adoption, revision or amendment of the Master Plan or any part thereof by the Planning Board.

(5) An application before the Board of Adjustment.

(6) An application for development, before the Planning Boar d, in which relief is requested pursuant to Section 47 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).

(7) Adoption, revision or amendment of any development regulations by the governing body.

(8) Adoption, revision or amendment of the Township Official Map by the governing body.

B. Notice shall be given by the applicant 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 Collector's office, and the location and times at which any maps and documents proposed or for which approval is sought are available.

§ 160-47 Notice of hearings on applications for development.

Notice of hearings on applications for development shall be given as follows:

A. The public notice of the hearing shall be given to the owners of all real property within the State of New Jersey, 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. This requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit 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 homeowner's 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.

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 Municipal Clerk.

F. Upon the written request of an applicant, the Secretary of the White Township Planning Board shall, within seven days, make and certify a list from said current tax duplicates of the names and addresses of the owners to whom the applicant is required to give notice pursuant to Subsection A of this section. The applicant 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 fee pursuant to § 160-53C(1) shall be charged for such list.

G. 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.

§ 160-48 Notice of hearings on Master Plan.

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.

§ 160-49 Effect of mailing notice.

Any notice made by certified mail pursuant to §§ 160-47 and 160-48 of this chapter shall be deemed complete upon mailing.

§ 160-50 Notice of hearings on ordinances, capital improvements and Official Map.

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 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 amendments 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.

§ 160-51 Vote of absentee members.

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 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.