A. 
The Planning Board and Board of Adjustment shall hold a hearing on each application for development and shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-10 or this chapter.
B. 
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 administrative officer. 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 officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas and to compel the attendance of witnesses and the production of evidence, including witnesses and documents presented by the parties, and 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.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, 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 the number of witnesses.
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
A. 
Each Board shall provide for the verbatim recording of the proceedings by either a stenographer or 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.
B. 
On appeals to the governing body pursuant to N.J.S.A. 40:55D-17, the appealing party shall bear the cost of providing transcripts of the record to the governing body.
C. 
The municipal agency furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15.[1] Said transcript shall be certified, in writing, by the transcriber to be accurate.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by the Laws of 1991, Chapter 119, Section 4, effective 4-25-1991. See now N.J.S.A. 2B:7-4.
A member of a municipal 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, notwithstanding his absence from one or more of the meetings, provided, however, that such Board member has available to him a transcript or recording of all of the hearing from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
A. 
Public notice of a hearing on an application for development shall be given for the following:
(1) 
A preliminary major subdivision.
(2) 
A preliminary site plan proposing nonresidential construction of 5,000 gross square feet of building area or more.
(3) 
A preliminary site plan proposing 25 or more off-street parking spaces.
(4) 
A conditional use.
(5) 
A preliminary site plan, preliminary subdivision or conditional use which requests a variance or variances or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-60.
(6) 
An application for an appeal, variance or conditional use from the Board of Adjustment.
(7) 
A request for direction to issue a permit by the Board of Adjustment pursuant to N.J.S.A. 40:55D-76.
B. 
Public notice of a hearing on an application for development need not be given for the following:
(1) 
A minor subdivision.
(2) 
A minor site plan.
(3) 
Preliminary approval of a conventional site plan, except as specified as requiring public notice in Subsection A(2) and (3) above.
(4) 
Final approval of a site plan or major subdivision.
Public notice on an application for development, when required, shall be given by the applicant as follows:
A. 
Public notice shall be given by publication in the official newspaper of the Borough of Palisades Park at least 10 days prior to the date of the hearing.
B. 
Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in 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 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 by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President or a Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. 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 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. Such notice shall be given at least 10 days prior to the date of the hearing.
Notice of all hearings 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 at least 10 days prior to the date of such hearing.
Notice shall be given, by personal service or certified mail, to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official Map or on the County Master Plan, adjoining other county land or situated within, 200 feet of a municipal boundary, at least 10 days prior to the date of such hearing.
Notice shall be given, by personal service or certified mail, to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway, at least 10 days prior to the date of such hearing.
Notice shall be given, by personal service or certified mail, to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units, at least 10 days prior to the date of such hearing. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by the street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Collector of the Borough of Palisades Park shall, within seven days after receipt of a written request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 167-38 of this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. The Tax Collector shall not be required to furnish names and addresses of those to whom the applicant must give notice pursuant to §§ 167-39, 167-40, 167-41 and 167-42.