Public hearings shall be required for the following:
A.
The Planning Board or Zoning Board of Adjustment, as applicable,
shall hold a hearing on each application for development, except when
such application is specifically exempted from public hearing by this
ordinance.
B.
The Planning Board shall hold a hearing on any adoption, revision
or amendment of the Master Plan.
C.
The Zoning Board of Adjustment shall hold a hearing on appeal from
the action of the Zoning Official or other administrative appeal within
its jurisdiction.
D.
The Town Council shall hold a hearing on any adoption, revision,
or amendment of this ordinance or of any development regulation.
E.
The Planning Board or Town Council, as applicable, shall hold a hearing
on any adoption, revision or amendment of a capital improvement program.
F.
The Board of Adjustment shall hold a hearing on an application for
an interpretation of the zoning regulations pursuant to § 7.02C,
or an application for certification of a nonconforming use or structure
pursuant to § 19.06.
G.
The Historic Preservation Commission shall hold a hearing on each
major or minor application for a certificate of appropriateness, when
such hearings are required by the commission pursuant to the Historic
Designation and Preservation Ordinance.
The agency holding the hearing shall make the rules governing
such hearings. Upon the determination that an appeal or application
is complete pursuant to Article 9, the appropriate agency shall schedule
a hearing date in accordance with its rules.
Public notice as specified herein shall be given for all hearings
involving the following:
A.
Any application for development which involves a request for a variance;
B.
An application for interpretation of the zoning regulations; provided,
however, that such notice shall be both published and served as set
forth in § 4.04B and § 404B.1 if the application
involves a specific property, and further provided, that such notice
shall limited to publication as set forth in the first paragraph of
§ 4.04B if the application does not involve a specific property;
C.
An application for preliminary major site plan approval;
D.
An application for preliminary major subdivision approval;
E.
An application for a certificate of appropriateness pursuant to the
Historic Designation and Preservation Ordinance;
F.
An application for certification of a nonconforming use or structure;
G.
The adoption, revision or amendment of the Master Plan;
H.
The adoption, revision or amendment of this ordinance or any other
development regulation;
I.
The adoption, revision or amendment of a capital improvement program;
J.
An application
for minor subdivision approval; and
[Added 4-28-2020 by G.O. No. 2167]
K.
An application
for conditional use approval.
[Added 4-28-2020 by G.O. No. 2167]
The following provisions shall apply to public notice of hearings
for development applications:
A.
Content. Public notice of hearings for development applications,
including variance applications, shall state the following:
1.
The date, time and place of the hearing, and which Board is to hear
the application;
2.
The nature of the matters to be considered, provided that when conditional
use approval, variance relief or direction for the issuance of a permit
pursuant to this ordinance is requested, the notice shall include
reference to the request for conditional use approval, variance or
direction for issuance of a permit, as the case may be;
3.
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 Town Assessor's office; and
4.
The location and times at which any maps and documents for which
approval is sought are available for inspection in the office of the
Board Secretary.
B.
Service of notice; parties entitled to notice. Public notice shall
be given by the applicant. Notice shall be given at least 10 days
prior to the date of the hearing. The date of the hearing shall not
count as one of the 10 days. Public notice shall be given by publication
in the official newspaper of the Town, if there be one, or in a newspaper
of general circulation in the Town. Notice shall also be given to
members of the public as follows:
1.
Notice of hearing shall be given to the owners, as shown on the current
tax duplicates, of all real property located within the State and
within 200 feet in all directions of the property which is the subject
of such hearing. This requirement shall be deemed satisfied by notice
to the 1) condominium association, in the case of any unit owner whose
unit has a unit above or below it, or 2) horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice shall be given as follows:
a.
Notice shall be given by 1) serving a copy thereof on the property
owner as shown on the said current tax duplicate, or his agent in
charge of the property, or by 2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current
tax duplicate.
b.
Notice to a partnership owner may be made by service upon any
partner.
c.
Notice to a corporate owner, including cooperatives, 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.
d.
Notice to a condominium 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.
2.
Notice of 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.
3.
Notice shall be given by personal service or certified mail to the
County Planning Board of hearings on applications for development
involving 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.
4.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development involving property adjacent to a State highway.
5.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the Board Secretary pursuant to Article 9.
6.
Notice of hearings on an application for development involving a
major subdivision or preliminary site plan, excluding minor site plans,
shall be given to a public utility, cable television company or local
utility which possesses a right-of-way or easement within the Town
and which has registered with the Town in accordance with the Municipal
Land Use Law, by: 1) serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company or local utility, or 2) mailing a copy thereof
by certified mail to the person whose name appears on the registration
form at the address shown on that form.
C.
Request for certified list of property owners within 200 feet. Upon
written request of an applicant, the Tax Assessor shall make and certify,
within seven days, a list from the current tax duplicates of the names
and addresses of owners to whom the applicant is required to give
notice. In addition, the Tax Assessor shall include on the list the
names, addresses and positions of those persons who, not less than
seven days prior to the date on which the applicant requested the
list, have registered to receive notice as a public utility, cable
television company or local utility. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner or to any public utility, cable television
company or local utility not on the list shall not invalidate any
hearing or proceeding.
D.
Effect of mailing notice. Any notice made by certified mail as stipulated
above shall be deemed complete upon mailing.
E.
Proof of service of notice. The applicant for development shall file
an affidavit of proof of service with the Planning Board or the Zoning
Board of Adjustment, as appropriate.
The following provisions shall apply to public notice of hearings
for adoption, revision or amendment of the Master Plan:
A.
Content. Public notice of hearings for adoption, revision or amendment
of the Master Plan shall state the following:
B.
Service of notice; parties entitled to notice. Notice shall be given
by the Planning Board at least 10 days prior to the date of the hearing.
The date of the hearing shall not count as one of the 10 days. Public
notice shall be given by publication in the official newspaper of
the Town, if there be one, or in a newspaper of general circulation
in the Town. Notice shall also be given to the following parties as
specified below:
1.
Notice shall be given 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.
2.
Notice shall be given by personal service or certified mail to the
County Planning Board of all hearings on the adoption, revision or
amendment of the Town Master Plan. Such notice shall include a copy
of any such proposed Master Plan, or any revision or amendment thereto.
3.
Notice shall be given by personal service or certified mail to the
County Planning Board of the adoption, revision or amendment of the
Town Master Plan. Such notice shall be given not more than 30 days
after the date of such adoption, revision or amendment and shall include
a copy of the Master Plan, or revision or amendment thereto.
C.
Effect of mailing notice. Any notice made by certified mail as stipulated
above shall be deemed complete upon mailing.
The following provisions shall apply to public notice of hearings
for adoption, revision or amendment of this chapter, other development
regulations or the capital improvement program:
A.
Content. Public notice of hearings for adoption, revision or amendment
of this chapter, other development regulation, or the capital improvement
program shall provide the following:
1.
A statement of the date, time and place of the hearing;
2.
A statement of the nature of the matters to be considered; and
3.
The location and times at which any maps and documents which are
the subject of said adoption, revision or amendment are available
for inspection in the office of the Town Clerk.
4.
In the case of zone district classification or boundary changes with
enhanced notice requirements pursuant to § 4.06B.3, the
notice shall also provide an identification of the affected zoning
districts and proposed boundary changes, if any, by street names,
common names or other identifiable landmarks, and by reference to
lot and block numbers as shown on the current tax duplicates in the
Town Tax Assessor's office.
5.
In the case of notice to the County Planning Board, a copy of the
proposed or adopted development regulation, official map, capital
improvement program, or any proposed or adopted revision or amendment
thereto, as the case may be, shall be included with the notice.
B.
Service of notice; parties entitled to notice. Notice shall be given
by the Town Council at least 10 days prior to the date of the hearing.
The date of the hearing shall not count as one of the 10 days. Notice
shall be given to the following parties as specified below:
1.
Notice shall be given by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of any development regulation involving property situated
within 200 feet of such adjoining municipality.
2.
Notice shall be given by personal service or certified mail to the
County Planning Board of all hearings on the adoption, revision or
amendment of any development regulation.
3.
Notice of a hearing on an amendment to the zoning regulations, which
amendment proposes a change to the classification or boundaries of
a zoning district, exclusive of classification or boundary changes
recommended in a periodic general reexamination of the master plan
by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given
in the following manner:
a.
Notice shall be given by 1) serving a copy thereof on the property
owner as shown on the said current tax duplicate, or his agent in
charge of the property, or by 2) mailing a copy thereof by certified
mail and regular mail to the property owner at his address as shown
on the said current tax duplicate.
b.
Notice to a partnership owner may be made by service upon any
partner.
c.
Notice to a corporate owner, including cooperatives, 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.
d.
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 boundaries
of the district which is the subject of the hearing, may be made in
the same manner as to a corporation in addition to notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
e.
The Town Clerk shall execute affidavits of proof of service
of the notices required herein for the hearings on zoning district
classification or boundary changes, and shall keep the affidavits
on file along with the proof of publication of the notice of the required
public hearing on the proposed zoning regulation change. Costs of
the notice provision shall be the responsibility of the proponent
of the amendment.
4.
Notice shall be given by personal service or certified mail to the
County Planning Board of the adoption, revision or amendment of the
Town capital improvement program or official map. Such notice shall
be given not more than 30 days after the date of such adoption, revision
or amendment.
C.
Effect of mailing notice. Any notice made by certified mail as stipulated
above shall be deemed complete upon mailing.
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 Board Secretary. 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 following provisions shall govern the testimony of witnesses
and production of evidence at hearings conducted pursuant to this
chapter:
A.
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 shall apply.
B.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer.
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.
C.
Technical rules of evidence shall not be applicable to the hearing,
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
The following voting procedures shall apply for public hearings
held pursuant to this chapter. Nothing herein shall be construed to
contravene any act providing for procedures for governing bodies.
A.
All actions shall be taken by a majority vote of the members present
at the hearing, except as otherwise provided by this chapter and the
Municipal Land Use Law.
B.
A member of the Town agency who was absent for one or more of the
meetings at which a hearing was held shall be eligible to vote on
the matter upon which the hearing was conducted, if such member has
available to him the transcript or recording of all of the hearing
from which he was absent, and certifies in writing to the agency that
he has read such transcript or listened to such recording.
C.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application.
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 either: 1) 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 2) a memorialization 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. The following provisions shall
apply to memorialization resolutions:
A.
Only the members of the municipal agency who voted for the action
taken may vote on the memorialization 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.
An action to deny 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.
C.
The vote on any memorialization 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 § 4.11.
D.
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 to Superior
Court, including attorney's fees, shall be assessed against the Town.
Following adoption of a resolution on a development application
by the Town agency, the resolution shall be mailed, filed and published
as follows:
A.
A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or if represented, to his
attorney, without separate charge. A copy of the decision shall also
be mailed to all persons who have requested it and who have paid the
fee prescribed by the Board for such service.
B.
A copy of the decision shall also be filed in the office of the Town
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
C.
A brief notice of every final decision shall be published in the
official newspaper of the municipality. Such publication shall be
arranged by the Secretary of the Board without separate charge to
the applicant, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. Said notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
The Board conducting a hearing shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The Board shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party at his
expense. Any such transcript shall be certified in writing by the
transcriber to be accurate. The following shall apply:
A.
No transcript of the hearing shall be reduced to typewritten form
unless requested. The cost of producing the transcript to typewritten
form shall be borne by the party or entity requesting same and shall
be ordered directly from the court reporter and the cost paid directly
to the court reporter.
B.
No electric recording of the hearing shall be reduced to typewritten
form unless requested. The cost of reducing the recording to typewritten
form shall be borne by the party or entity requesting same and shall
be ordered directly from the certified transcriber and the cost paid
directly to the certified transcriber.
