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.
B.
The Planning Board shall hold a hearing on any adoption,
revision or amendment of the Master Plan.
C.
The Planning Board or Village Council, as applicable,
shall hold a hearing on any adoption, revision or amendment of the
Capital Improvement Program.
D.
The Zoning Board of Adjustment shall hold a hearing
on appeal from the action of the Construction Official or Zoning Officer
concerning the zoning regulations, or other administrative appeal
within its jurisdiction.
E.
The Zoning Board of Adjustment shall hold a hearing
on every request for an interpretation of the zoning regulations or
request pertaining to a special question within the Board's jurisdiction.
F.
The Village Council shall hold a hearing on any adoption,
revision or amendment of this chapter or any other development regulation.
G.
The Village Council shall hold a hearing on appeal
from the action of the Zoning Board of Adjustment approving an application
for development involving a "D" variance.
The agency holding the hearing shall make the
rules governing such hearings. Upon the filing of an appeal or complete
application, 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:
B.
An application for preliminary site plan approval,
exclusive of a minor site plan.
C.
An application for preliminary major subdivision approval.
D.
The adoption, revision or amendment of the Master
Plan.
E.
The adoption, revision or amendment of this chapter
or any other development regulation.
F.
The adoption, revision or amendment of the Capital
Improvement Program.
G.
Any appeal to the Village Council from the action
of the Zoning Board of Adjustment approving an application for development
involving a "D" variance.
I.
Modification or elimination of a significant condition
or conditions in a memorializing resolution in any situation wherein
the application for development for which the memorializing resolution
is proposed for adoption required public notice.
[Added 3-9-1999 by Ord. No. 2657]
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 the issuance
of a permit pursuant to this chapter 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 Village Tax 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 Village, if there
is one, or in a newspaper of general circulation in the Village. 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 condominium association, in the case of
any unit owner whose unit has a unit above or below it, or 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 serving a copy thereof
on the property owner as shown on said current tax duplicate, or his
agent in charge of the property; or mailing a copy thereof by certified
mail to the property owner at his address as shown on said current
tax duplicate.
(b)
Notice to a partnership owner may be made by
service upon any partner.
(c)
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.
(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 the checklists contained in Article VIII of this chapter.
(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 Village and which has registered with the Village, in accordance
with the Municipal Land Use Law,[1] by 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 mailing a copy thereof
by certified mail to the person whose name appears on the registration
form at the address shown on that form.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Request for certified list of property owners within
200 feet. Upon written request of an applicant, the Board Secretary
shall request the Tax Assessor to 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, at least two days
prior to the date of the hearing for which notice is required.
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 Village, if there is one, or in a newspaper
of general circulation in the Village. 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 Village 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 Village 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.
(1)
Public notice of hearings for adoption, revision or
amendment of this chapter, other development regulation or the Capital
Improvement Program shall provide the following:
(a)
A statement of the date, time and place of the
hearing;
(b)
A statement of the nature of the matters to
be considered; and
(c)
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 Village Clerk.
(2)
In the case of zone district classification or boundary
changes requiring notice, 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 duplicate in the Village Tax Assessor's office.
(3)
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 Village 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, Article X of this chapter, 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 serving a copy thereof
on the property owner as shown on said current tax duplicate, or his
agent in charge of the property, or mailing a copy thereof by certified
mail and regular mail to the property owner at his address as shown
on said current tax duplicate.
(b)
Notice to a partnership owner may be made by
service upon any partner.
(c)
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.
(d)
Notice to a condominium association, horizontal
property regime, community trust or homeowners' 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 Village 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 ordinance
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 Village 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) 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.
B.
A member of the Village agency who was absent for
one or more of the meetings at which a hearing was held or was not
a member of the Village agency at that time 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
such member has available to him the transcript or recording of all
of the hearings from which he was absent or was not a member, and
certifies, in writing, to the agency that he has read such transcript
or listened to such recording.
[Amended 3-9-1999 by Ord. No. 2657]
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.
[Amended 3-9-1999 by Ord. No. 2657]
The Village agency conducting the hearing shall
provide for the verbatim recording of the proceedings by either stenographer,
mechanical or electronic means. The agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense, pursuant to the fees established by this chapter.
Transcripts shall be certified, in writing, by the transcriber to
be accurate.
The Village 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 Village
agency shall provide the findings and conclusions through either a
resolution adopted at a meeting held within the time period provided
in this chapter for action by the Village agency on the application
for development or a memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the Village agency voted to grant or deny approval. The following
provisions shall apply to memorializing resolutions:
A.
Only the members of the Village agency who voted for
the action taken may vote on the memorializing 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. If only one member who voted for the action attends
the meeting at which the resolution is presented for adoption, the
resolution may be adopted upon the vote of that member.
[Amended 3-9-1999 by Ord. No. 2657]
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 memorializing resolution shall be deemed to be a memorialization of the action of the Village 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 in § 190-20.
D.
If the Village 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 Village.
Following adoption of the resolution of the
Village agency, the resolution shall be mailed, filed and published
as follows:
A.
A copy of the decision shall be mailed by the Village 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 as specified in Article V of this chapter.
B.
A copy of the decision shall also be filed by the Village agency in the office of the Board Secretary. The Board Secretary shall make a copy of such filed decision available to any interested party for a fee as specified in Article V of this chapter, and available for public inspection at his office during the hours of 9:00 a.m. to 4:00 p.m.
C.
A brief notice of the decision shall be published
in the official newspaper of the Village, if there is one, or in a
newspaper of general circulation in the Village. Such publication
shall be arranged by the Board Secretary, provided that nothing contained
in this chapter shall be construed as preventing the applicant from
arranging such publication if he so desires. The Village shall instruct
the newspaper to charge the applicant the cost of said publication.
The published notice shall include a statement advising that copies
of the resolution of the Board have been filed in the office of the
Board and in the office of the Village Clerk and that such copies
are available for inspection at said offices.
