The Boards shall make rules governing the conduct of hearings,
which rules shall not be inconsistent with the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or of this chapter.
The officer presiding at the hearing or such person as he or
she 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
(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 Boards may exclude irrelevant, immaterial or unduly repetitious
evidence.
Each Board shall provide for the verbatim recording of the proceedings
by either stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at their expense. The cost of said
transcript shall not be in excess of the limits prescribed in N.J.S.A.
2A:11-15. Said transcript shall be certified, in writing, by the
transcriber to be accurate.
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 Township Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate or clarify or
supplement the previously filed maps and documents.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the township will be adequately protected. Proof that
no taxes or assessments are in arrears shall be presented on forms
provided by the Tax Collector.
The Approving Board and an applicant may mutually agree to extend
the time limit specified for action. Such extension shall be made
for a specific period of time and indicated in the minutes of the
meeting. Requests for extensions by the applicant shall be made by
the applicant at the meeting or in writing prior to the meeting.
[Amended 6-12-2000 by Ord. No. 00-10]
All construction pursuant to a variance, exception or waiver
granted in connection with the approval of a site plan or subdivision
shall be commenced within the statutory time limit for said site plan
or subdivision or any extension thereof. A variance, exception or
waiver which is not part of a site plan or subdivision shall be implemented
according to the following timetable, shown in Subsection A below,
showing the dates and limits of approval, subject to the limitations
set forth in N.J.S.A. 40:55D-21. Any variance, exception or waiver
not implemented as set forth herein shall be void.
A. For applicants in violation of ordinances or whose application to
the Zoning Board of Adjustment is caused or results from issuance
of a Knowlton Township notice of violation, three months to commence;
nine months to complete; one extension of up to three months to commence
on basis of hardship; and one extension of up to nine months to complete
on basis of hardship.
B. For all other applicants, 12 months to commence; 36 months to complete;
and one extension of 12 months to complete on basis of hardship.