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.
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.
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 agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
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.
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.
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.
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.
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.
Any notice made by certified mail pursuant to §§
160-47 and
160-48 of this chapter 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 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.