[Amended 2-13-1980 by Ord. No. 80-1]
A.
Oaths. The officer presiding at a hearing of the Planning Board,
or such person as he or she 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; and the provisions of the County and Municipal
Investigations Law[1] shall apply to such hearings.
[Amended 5-13-1997by Ord.
No. 97-8]
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
B.
Testimony. 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 number of witnesses.
C.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
D.
Records. Each Board shall provide for the recording of the proceedings
by either stenographer, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party upon prior payment by such party
of the estimated fee therefor. Said fee shall be subject to adjustment
upon ascertainment of the actual amount thereof.
[Amended 5-13-1997by Ord.
No. 97-8]
E.
Vote of absentee member. When any hearing before Board shall carry
over two or more meetings, a member of the Board who was absent for
one or more of the meetings shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her said
absence; provided, however, that such member has available to him
or her a transcript or recording of the meetings from which he or
she was absent and certifies, in writing, to the Board that he or
she has read such transcript or listened to such recording.
[Amended 5-13-1997by Ord.
No. 97-8]
[Amended 2-13-1980 by Ord. No. 80-1]
Whenever a hearing is required on an application for development
pursuant to this chapter, the applicant shall give notice thereof
as follows:
A.
Public notice shall be given by publication as required by law at
least 10 days prior to the date of the hearing.
B.
Notice.
(1)
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing and whether located
within or without the municipality in which applicant's land is located.
Such notice shall be given by:
(2)
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,
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.
C.
Notice of all 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.
D.
Notice shall be given by personal service or certified mail to the
Bergen 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 county map or on the county master plan, adjoining
other county land or situate within 200 feet of a municipal boundary.
E.
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.
F.
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. Such notice
shall include a copy of any maps or documents required to be on file
with the Secretary of the Board.
[Amended 5-13-1997by Ord.
No. 97-8]
G.
All notices hereinabove specified in this section shall be given
in the manner required by law at least 10 days prior to the date fixed
for hearing. The applicant shall file a copy of the notice so served
annexed to an affidavit proving service on all parties entitled thereto,
with the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be
complete upon mailing.
I.
All notices required to be given pursuant to the terms of this chapter
shall state the date, time and place of the hearing, a fair statement
of the nature of the matters to be considered, the sections of this
chapter from which the applicant seeks any relief, identification
of the property proposed for development by abutting street name or
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 location and times at which any maps and documents for
which approval is sought are available as required by law.
[Amended 2-13-1980 by Ord. No. 80-1]
Upon the written request of an applicant, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 310-32B. 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.
