[Ord. No. 2015-20 § 10B-40]
The municipal agency shall hold a hearing on each proposed adoption,
amendment or revision of the master plan and on each matter for which
notice is required pursuant to Section 10B-46(c). A hearing or proceeding
held, or decision or recommendation made, by the Planning Board or
Zoning Board of Adjustment shall not be invalidated if a member has
participated in the hearing or proceeding or in the decision making
or recommendation and that member is subsequently found not to have
completed the basic course in land use law and planning required by
N.J.S.A. 40:55D-23.3.
[Ord. No. 2015-20 § 10B-41]
Any maps and documents proposed or for which approval is sought
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. Other documents, records or
testimony may be produced at the hearing to substantiate, clarify
or supplement the previously filed maps and documents.
[Ord. No. 2015-20 § 10B-42]
The officer presiding at the hearing, or such person as the
officer may designate, shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence. The provisions of the County and Municipal Investigation
Law, P.L. 1953, c. 38 (C.2A:67A-1 et seq.) shall apply.
[Ord. No. 2015-20 § 10B-43]
The testimony of all witnesses relating to an application for
development shall be taken under oath or affirmation by the presiding
officer or board attorney, 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.
[Ord. No. 2015-20 § 10B-44]
Technical rules of evidence shall not be applicable, but the
agency may exclude irrelevant, immaterial or unduly repetitious evidence.
[Ord. No. 2015-20 § 10B-45]
(a)
The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographic, mechanical or electronic means
and shall furnish a transcript, or duplicate recording in lieu thereof,
on request to any interested party at his expense.
(b)
If the agency elects to furnish a transcript, the person requesting
the same shall deposit with the municipality at the time of the request
the estimated cost of the transcript (calculated at the maximum permitted
in N.J.S.A. 2A:11-15) for the purpose of defraying the cost of the
transcript to the municipality. If the actual cost is less than the
amount of the deposit, the difference shall be refunded to the depositor,
but if the actual cost exceeds the amount of the deposit, the excess
shall be paid by the depositor to the municipality upon demand.
(c)
If the agency elects to furnish a duplicate recording of the proceedings
in lieu of a transcript, the person requesting the same shall pay
$10 for each tape of the recording to the municipality at the time
of the request.
(d)
Any transcript that is furnished by the municipal agency and any
transcript of a duplicate recording that is obtained by an interested
party for use by the municipal governing body on an appeal shall be
certified in writing by the transcriber to be accurate.
