In any application for development before the
Planning Board or Zoning Board of Adjustment wherein a hearing is
required, pursuant to N.J.S.A. 40:55D-10, an applicant or other interested
party may, in the discretion of the Board, submit testimony in writing
as follows:
A. The testimony shall be in writing and be sworn to
under oath by the presenter thereof or may be submitted pursuant to
certification in lien of oath as set forth in Court Rule 1:4-4(b)
which states, "I certify that the foregoing statements made by me
are true. I am aware that if any of the foregoing statements made
by me are willfully false, I am subject to punishment.”
B. The written sworn testimony, which may include maps,
documents, records, or any other attachments deemed relevant to the
submission, shall be submitted not less than two weeks prior to the
hearing or meeting date on which the testimony is to be considered
as follows:
(1) Eighteen complete sets of documentation shall be submitted
to the Planning Board relating to an application before that Board.
(2) Twelve complete sets of documentation shall be submitted
to the Zoning Board of Adjustment relating to a commercial application
before that Board.
(3) Twelve complete sets of documentation shall be submitted
to the Zoning Board of Adjustment relating to a residential application
before that Board.
(4) A computer disk copy shall be presented to the respective
Board Secretary so that same may be posted on the Borough’s
Web site. In the event that exhibits are submitted with the oral testimony,
they shall be reduced in size as a .jpg or .bmp file.
(5) One complete copy shall be placed on file at the reserve
desk at the Bergenfield Public Library.
C. Upon submission as set forth above, the testimony
shall be deemed conditionally admitted into evidence before the respective
board.
(1) The author of the written testimony shall be present
at the hearing or meeting at which the written testimony is to be
considered and shall be subject to examination or cross-examination
by all interested parties, including but not limited to the applicant
or the applicant’s representative, Board members, objectors
or their representative, the municipal Public Advocate or Alternate
Public Advocate, as the case may be, and such other interested parties
who would be permitted to examine the witness had the testimony been
submitted orally at the hearing or meeting.
(2) The author of the written testimony shall indicate
before the respective board that he/she is the author of the testimony,
and that the written testimony, and any records, maps or documents
submitted in conjunction therewith, is the testimony of the witness
and is incorporated verbatim and at length to the same extent as if
he were orally testifying to same at the hearing or meeting.
D. Nothing contained herein shall prevent the author
or presenter of the testimony from supplementing, revising or deleting
any of the written testimony previously submitted subject to the respective
Board’s authority to exclude irrelevant, immaterial or unduly
repetitious evidence as per N.J.S.A. 40:55D-10.e.
E. Upon completion of the examination, cross-examination
or other discourse with the witness, the respective board shall accept
the written testimony into evidence along with all other evidence
elicited by way of supplement, revision, or deletion as same may occur.
F. The procedure to accept written testimony as set forth
above shall solely be in the sound discretion of the respective board,
and the Board reserves the right to not accept written testimony in
lieu of oral testimony if the Board deems, in its sole discretion,
that it is not in the public interest to do so, the application is
unduly complex, or any other reason exists to require oral testimony.
G. Oral testimony will be in summary form and will not
exceed 20 minutes.