[Amended 9-5-2006 by Ord. No. 33-2006]
The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan. Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to require hearings on concept plans, minor site plans, minor subdivisions or resubdivisions. The Township Council shall hold a hearing on the adoption or amendment of a development regulation and Official Map or a capital improvements program. Those hearings for which a public notice must be given are set forth in § 170-45 of this chapter.
The Township Planning Board or Board of Adjustment
or Township Council, as the case may be, shall make the rules governing
such hearings. 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 developer may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
A.
Complete application. An application for development
shall be complete for purposes of commencing the applicable time period
for action by a municipal agency when so certified by the municipal
agency or its authorized committee or designee. In the event that
the agency, committee or designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless:
(2)
The application for a minor subdivision plat lacks information required in § 170-71B of this chapter;
(3)
The application for a preliminary subdivision plat lacks information required in § 170-71C of this chapter;
(4)
The application for a final subdivision plat lacks information required in § 170-71D of this chapter:
(5)
The application for a preliminary site plan lacks information required in § 170-71E of this chapter;
(8)
The municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
B.
The applicant may request that one or more of the
submission requirements be waived, in which event the agency or its
authorized committee shall grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
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, 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 number of witnesses.
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
The municipal agency conducting such hearing
shall provide for the verbatim recording of the proceedings by either
stenographer, mechanical or electronic means. Said municipal agency
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense.
The municipal 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 municipal
agency shall provide the findings and conclusions through:
A.
A resolution adopted at a meeting held within the
time period provided in the act for action by the municipal agency
on the application for development; or
B.
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
municipal agency voted to grant or deny approval. Only the members
of the municipal 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. An action pursuant to
Section 5 of the Municipal Land Use Law (N.J.S.A. 40:55D-9) (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. The vote on any such resolution shall be
deemed to be a memorialization of the action of the municipal 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
by Subsections h and i of this section (N.J.S.A. 40:55D-10h and i).
If the municipal 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, including attorney's
fees, shall be assessed against the municipality.
A copy of the decision shall be mailed by the
municipal agency within 10 days of the date of decision to the developer
or, if represented, then to his attorney, without separate charge,
and to all who request a copy of the decision, for a fee of $1 per
page, not to exceed $10. A copy of the decision shall also be filed
by the municipal agency in the office of the administrative officer.
A copy of such filed decision shall be made available for public inspection
in the office of the administrative officer during regular business
hours.
A brief notice of the decision shall be published
in the official newspaper of the Township or in a newspaper of general
circulation in the Township. Such publication shall be arranged by
the administrative officer, provided that nothing contained in this
chapter shall be construed as preventing the developer from arranging
such publication, if he so desires. The Township shall charge the
developer the cost of said publication. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision, whether arranged by the Township or by the developer.
[Amended by Ord. No. 4-1987]
A.
The following hearings shall require a public notice
be given by publication in the official newspaper of the Township,
if there is one, or in a newspaper of general circulation:
(1)
An application for development, before the Planning
Board, of a preliminary plat of a major subdivision.
(2)
The adoption, revision or amendment of the Master
Plan or any part thereof by the Planning Board.
(3)
Any application before the Board of Adjustment.
(4)
An application for development, before the Planning
Board, in which relief is requested pursuant to N.J.S.A. 40:55D-60.
(5)
Adoption, revision or amendment of any development
regulations by the Township Council.
(6)
Adoption, revision or amendment of the Township Official
Map by the Township Council.
(7)
An application for development involving a conditional
use.
(8)
An application for preliminary site plan approval.
B.
Notice shall be given by the developer at least 10
days prior to the date of the hearing and shall state the date, time
and place of the hearing, the nature of the matters to be considered,
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 Township Tax Assessor's office,
and the location and times at which any maps and documents for which
approval is sought are available.
[Amended by Ord. No. 12-1987]
All hearings requiring a public notice shall
meet the following requirements:
A.
Notice of the hearing 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. 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, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
B.
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.
C.
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 County Map or on the County Master Plan
adjoining other county land or situated within 200 feet of a municipal
boundary.
D.
Notice shall be given by personal service or certified
mail to the New Jersey Commissioner of Transportation of a hearing
on an application for development of property adjacent to a state
highway.
E.
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 Township Clerk.
F.
Upon written request, the administrative office shall, within seven days, make and certify a list to the developer from said current tax duplicates of names and addresses of owners to whom the developer is required to give notice pursuant to Subsection A of this section. The developer 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. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
G.
The developer shall file an affidavit of proof of
service and publication with the municipal agency holding the hearing
on the application for development in the event that the developer
is required to give notice pursuant to this section.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or
amendment of the Master Plan. Such notice shall be given by publication
in the official newspaper of the Township or in a newspaper of general
circulation in the Township at least 10 days prior to the date of
the hearing.
B.
Notice 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 at least 10 days prior to the
date of any such hearing.
C.
Notice by personal service or certified mail to the
County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing. Such notice shall include a copy of any such proposed
Master Plan, or any revision or amendment thereto.
(2)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment. Such notice shall include a copy of the Master Plan
or revision or amendment thereto.
A.
The Township Council shall give notice by personal
service or certified mail to the Clerk of an adjoining municipality
of all hearings on the adoption, revision or amendment of a development
regulation involving property situated within 200 feet of such adjoining
municipality at least 10 days prior to the date of any such hearing.
B.
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearing. Notice by personal service or certified
mail shall be made to the County Planning Board of the adoption, revision
or amendment of the municipal capital improvement program or Municipal
Official Map not more than 30 days after the date of such adoption,
revision or amendment. Any notice provided hereunder shall include
a copy of the proposed development regulation, the Municipal Official
Map or the municipal capital improvement program, or any proposed
revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
When any hearing before the Planning Board or
Board of Adjustment, as the case may be, shall carry over two or more
meetings, a member of the municipal agency conducting said hearing
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 absence from one or more of the meetings; provided, however, that
said member has available to him a transcript or recording of the
meeting from which he was absent and certifies in writing to the agency
that he has read such transcript or listened to such recording, prior
to his voting or participating on any decision on the matter.
