A.
Setting hearing. For all matters properly brought before the City Council, the Planning Board or the Board of Adjustment for which a public hearing is required by this chapter, the body charged with conducting the hearing shall, upon receipt of a complete application, select a reasonable time and place for such hearing.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Notices generally.
(1)
Notice of every public hearing set pursuant to Subsection A of this section shall be given or caused to be given by the Land Use Administrator in the form and manner and to the persons specified in this subsection and in Subsections C through G of this section. Every notice required to be given pursuant to this section shall include the date, time and place of such hearing; the nature of the matters to be considered; and, in the case of notices pursuant to Subsection D or E of this section which involve a specific property, an identification of the subject property by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection J of this section.
[Amended 6-15-1988 by Ord. No. 1-1988]
(2)
All notices required pursuant to this section shall be given at least 10 days prior to the date for hearing. In every case where published notice is required, it shall be given by publication in a newspaper of general circulation in the City of Atlantic City. In every case where personal notice is required, it shall be given either by serving a copy of the notice on the person in question or by mailing a copy of the notice by certified mail to the person in question. Where notice to a property owner is required, notice shall be given to the owner as shown on the current tax duplicate in the Municipal Tax Assessor's office or to his agent in charge of the property at his address as shown on the 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.
(3)
Notice by mail shall be deemed to be complete upon mailing. The failure to give personal notice to any property owner not shown on the latest current tax duplicate shall not invalidate any hearing or proceeding conducted pursuant to this chapter.
(4)
The giving of notice by the Land Use Administrator pursuant to this section shall not be construed to prevent the applicant from also giving such notice as he may deem appropriate. For this purpose, the Land Use Administrator shall, upon written request of the applicant and the payment of a fee of $10., make and certify to the applicant, within seven days following the request therefor, a list from the current tax duplicates of the names and addresses of all property owners entitled to notice pursuant to this section. In any case where the applicant chooses to give notice in addition to the notice herein required to be given by the Land Use Administrator, the applicant shall, at the time of the public hearing, file an affidavit of proof of service showing the names and addresses of all persons to whom the applicant has given notice and the form of such notice.
C.
Notice of all hearings. Notice of every hearing set pursuant to Subsection A of this section shall be given by publication.
D.
Notice of applications. In addition to published notice as required by Subsection C of this section, personal notice of every hearing on an application for development, other than for final site plan/subdivision plat approval pursuant to Part 5, Article XXIII, of this chapter; or minor subdivision approval pursuant to Part 5, Article XXIV, of this chapter, shall be given, in the manner specified in Subsection B of this section, to the following persons:
[Amended 6-15-1988 by Ord. No. 1-1988]
(1)
The owners of all real property located within 200 feet in all directions of the property which is subject of the hearing.
(2)
In the case of a hearing on an application for development involving property located within 200 feet of an adjoining municipality, the Clerk of such municipality.
(3)
In the case of an application for development of property adjacent to an existing county road or a proposed road shown on the Official County Map or County Master Plan or adjoining other county land or situated within 200 feet of a municipal boundary, the County Planning Board.
(4)
In the case of an application for development of property adjacent to a state highway, the New Jersey Commissioner of Transportation.
(5)
In the case of an application for development of property which exceeds 150 acres or 500 dwelling units, the Director of the Division of State and Regional Planning in the New Jersey Department of Community Affairs. The notice to the Director shall be accompanied by copies of all maps and documents required to be on file with the Land Use Administrator pursuant to Subsection J of this section.
E.
Notice of appeal to City Council. In addition to the published notice required by Subsection C of this section, personal notice of every hearing on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter shall be given, in the manner specified in Subsection B of this section, to the following persons:
F.
Notice concerning master plan. In addition to the published notice required by Subsection C of this section, the Land Use Administrator shall give personal notice of every hearing on the adoption, revision or amendment of the Atlantic City Master Plan, in the form and manner specified in Subsection B hereof, to the following persons:
(1)
In the case of any hearing involving property situated within 200 feet of an adjoining municipality, the Clerk of such municipality.
(2)
The County Planning Board, and such notice shall be accompanied by a copy of the proposed Master Plan or any proposed revision or amendment thereto.
(3)
The applicant, if any.
G.
Notice concerning development regulations, capital improvement programs and Official Map use. In addition to the published notice required by Subsection C of this section, personal notice of the adoption, revision or amendment of any development regulation, the Atlantic City capital improvement program or the Atlantic City Official Map shall be given, in the manner and form specified in Subsection B hereof, to the following persons:
(1)
In the case of any hearing involving property situated within 200 feet of an adjoining municipality, the Clerk of such adjoining municipality.
(2)
To the County Planning Board, and such notice shall be accompanied by a copy of the proposed development regulation, capital improvement program or Official Map or any proposed revision or amendment thereto.
(3)
The applicant, if any.
H.
Conduct of hearings.
(1)
Rights of all persons; evidence. Any person may appear, testify, submit documentary evidence and present argument at a public hearing, either in person or by a duly authorized agent or attorney; provided, however, that the aforesaid rights shall not apply to hearings on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter. Technical rules of evidence shall not be applicable at hearings held pursuant to this chapter, but the hearing body shall exclude irrelevant, immaterial and unduly repetitious evidence or arguments.
(2)
Rights of parties; proximate owners and affected governments.
(a)
Subject to the sound discretion of the hearing body, the applicant and any officer, department, bureau, board or commission of the City and any property owner or governmental agency entitled to mailed or personal notice under Subsections D, E, F and G of this section may and, in the case of Subsection H(2)(a)[1] below, shall, in addition to the rights granted by Subsection H(1) above, be allowed any or all of the following rights:
[1]
At hearings on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter, to submit written and oral arguments based on the record of the Board from which the appeal is taken. No new evidence shall be introduced at such a hearing.
[2]
At all hearings other than on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter, to present witnesses, evidence and arguments on their own behalf and to cross-examine and impeach all witnesses and evidence offered in opposition to their position.
[3]
At all hearings, to examine and reproduce any documents produced at the hearing.
[4]
At all hearings, subject to the right of the applicant to a decision within any applicable time period, to be granted, upon request, one continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
(b)
In granting, withholding or limiting such rights, the discretion of the hearing body shall, except as heretofore limited with respect to Subsection H(2)(a)[1] above, be governed by the goal of securing, in a timely fashion, all information, opinion and argument relevant and material to its deliberations. Such rights shall not, however, be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence or arguments to aid the hearing body in reaching its decision.
(3)
Adjournment of hearing. Subject to the right of the applicant to a decision within any applicable time limit, the body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time and place for the purpose of giving further notice, taking further evidence, gathering further information or for such other reason as the body may find to be sufficient. The date, time and place of the adjourned hearing shall be announced at the public hearing at which the vote of adjournment is passed, and no further notice shall be required.
(4)
Oaths and subpoenas. All testimony and evidence shall be given under oath or affirmation. The officer presiding at the hearing or such person as he may designate shall have the 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, P.L. 1953. c. 38 (N.J.S.A. 2A-67A-1 et seq.), shall apply to all hearings held pursuant to this chapter.
(5)
Transcripts. The Land Use Administrator shall provide for the verbatim recording of every hearing required to be held pursuant to this chapter. Such recording shall be by either stenographic, mechanical or electronic means. The Land Use Administrator shall furnish a transcript, or duplicate recording in lieu thereof, to any interested person upon written request and the payment of a fee, as established by Part 1, Article III, of this chapter, to help defray the costs thereof.
(6)
Board rules to govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining to and the rules promulgated by the body conducting the hearing.
J.
Prehearing availability and copying of application and other documents.
(2)
Any maps or documents for which approval is sought at a hearing required to be held pursuant to this chapter shall be on file and available for public inspection at least 10 days prior to the date of the hearing. Such maps and documents shall be available for inspection during normal business hours at the office of the Land Use Administrator.
(4)
The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
K.
Right to submit written statements. Any person may at any time prior to the commencement of a hearing hereunder or during such hearing or within such time as may be allowed by the hearing body following such hearing submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be made a part of the public record of the hearing.