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:
A. 
Any application for development which involves a request for a variance or any appeal specified in §§ 190-29, 190-30, 190-31 and 190-32.
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.
H. 
An extension of approvals for five or more years under §§ 190-46D and 190-47K.
[Added 3-9-1999 by Ord. No. 2657]
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:
(1) 
The date, time and place of the hearing;
(2) 
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 Board Secretary.
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.
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.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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.