Atlantic City, NJ Hearings, Referrals and Notices

Notice of every public hearing set pursuant to Subsection A of this section shall be given or caused to be given by the Land Use Administrator in the form and manner and to the persons specified in this subsection and in Subsections C through G of this section. Every notice required to be given pursuant to this section shall include the date, time and place of such hearing; the nature of the matters to be considered; and, in the case of notices pursuant to Subsection D or E of this section which involve a specific property, an identification of the subject property by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection J of this section.

[Amended 6-15-1988 by Ord. No. 1-1988]

All notices required pursuant to this section shall be given at least 10 days prior to the date for hearing. In every case where published notice is required, it shall be given by publication in a newspaper of general circulation in the City of Atlantic City. In every case where personal notice is required, it shall be given either by serving a copy of the notice on the person in question or by mailing a copy of the notice by certified mail to the person in question. Where notice to a property owner is required, notice shall be given to the owner as shown on the current tax duplicate in the Municipal Tax Assessor's office or to his agent in charge of the property at his address as shown on the 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.

Notice by mail shall be deemed to be complete upon mailing. The failure to give personal notice to any property owner not shown on the latest current tax duplicate shall not invalidate any hearing or proceeding conducted pursuant to this chapter.

The giving of notice by the Land Use Administrator pursuant to this section shall not be construed to prevent the applicant from also giving such notice as he may deem appropriate. For this purpose, the Land Use Administrator shall, upon written request of the applicant and the payment of a fee of $10., make and certify to the applicant, within seven days following the request therefor, a list from the current tax duplicates of the names and addresses of all property owners entitled to notice pursuant to this section. In any case where the applicant chooses to give notice in addition to the notice herein required to be given by the Land Use Administrator, the applicant shall, at the time of the public hearing, file an affidavit of proof of service showing the names and addresses of all persons to whom the applicant has given notice and the form of such notice.

Notice of all hearings. Notice of every hearing set pursuant to Subsection A of this section shall be given by publication.

Notice of applications. In addition to published notice as required by Subsection C of this section, personal notice of every hearing on an application for development, other than for final site plan/subdivision plat approval pursuant to Part 5, Article XXIII, of this chapter; or minor subdivision approval pursuant to Part 5, Article XXIV, of this chapter, shall be given, in the manner specified in Subsection B of this section, to the following persons:

[Amended 6-15-1988 by Ord. No. 1-1988]

The owners of all real property located within 200 feet in all directions of the property which is subject of the hearing.

In the case of a hearing on an application for development involving property located within 200 feet of an adjoining municipality, the Clerk of such municipality.

In the case of an application for development of property adjacent to an existing county road or a proposed road shown on the Official County Map or County Master Plan or adjoining other county land or situated within 200 feet of a municipal boundary, the County Planning Board.

In the case of an application for development of property adjacent to a state highway, the New Jersey Commissioner of Transportation.

(5)

In the case of an application for development of property which exceeds 150 acres or 500 dwelling units, the Director of the Division of State and Regional Planning in the New Jersey Department of Community Affairs. The notice to the Director shall be accompanied by copies of all maps and documents required to be on file with the Land Use Administrator pursuant to Subsection J of this section.

Notice of appeal to City Council. In addition to the published notice required by Subsection C of this section, personal notice of every hearing on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter shall be given, in the manner specified in Subsection B of this section, to the following persons:

The appellant.

The Board from which the appeal is taken.

All persons who were entitled pursuant to § 163-200 of this chapter to notice of the decision being appealed.

Notice concerning master plan. In addition to the published notice required by Subsection C of this section, the Land Use Administrator shall give personal notice of every hearing on the adoption, revision or amendment of the Atlantic City Master Plan, in the form and manner specified in Subsection B hereof, to the following persons:

In the case of any hearing involving property situated within 200 feet of an adjoining municipality, the Clerk of such municipality.

The County Planning Board, and such notice shall be accompanied by a copy of the proposed Master Plan or any proposed revision or amendment thereto.

The applicant, if any.

Notice concerning development regulations, capital improvement programs and Official Map use. In addition to the published notice required by Subsection C of this section, personal notice of the adoption, revision or amendment of any development regulation, the Atlantic City capital improvement program or the Atlantic City Official Map shall be given, in the manner and form specified in Subsection B hereof, to the following persons:

In the case of any hearing involving property situated within 200 feet of an adjoining municipality, the Clerk of such adjoining municipality.

To the County Planning Board, and such notice shall be accompanied by a copy of the proposed development regulation, capital improvement program or Official Map or any proposed revision or amendment thereto.

The applicant, if any.

Conduct of hearings.

Rights of all persons; evidence. Any person may appear, testify, submit documentary evidence and present argument at a public hearing, either in person or by a duly authorized agent or attorney; provided, however, that the aforesaid rights shall not apply to hearings on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter. Technical rules of evidence shall not be applicable at hearings held pursuant to this chapter, but the hearing body shall exclude irrelevant, immaterial and unduly repetitious evidence or arguments.

Rights of parties; proximate owners and affected governments.

(a)

Subject to the sound discretion of the hearing body, the applicant and any officer, department, bureau, board or commission of the City and any property owner or governmental agency entitled to mailed or personal notice under Subsections D, E, F and G of this section may and, in the case of Subsection H(2)(a)[1] below, shall, in addition to the rights granted by Subsection H(1) above, be allowed any or all of the following rights:

[1]

At hearings on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter, to submit written and oral arguments based on the record of the Board from which the appeal is taken. No new evidence shall be introduced at such a hearing.

[2]

At all hearings other than on an appeal to the City Council pursuant to Part 5, Article XXXI, of this chapter, to present witnesses, evidence and arguments on their own behalf and to cross-examine and impeach all witnesses and evidence offered in opposition to their position.

[3]

At all hearings, to examine and reproduce any documents produced at the hearing.

[4]

At all hearings, subject to the right of the applicant to a decision within any applicable time period, to be granted, upon request, one continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.

(b)

In granting, withholding or limiting such rights, the discretion of the hearing body shall, except as heretofore limited with respect to Subsection H(2)(a)[1] above, be governed by the goal of securing, in a timely fashion, all information, opinion and argument relevant and material to its deliberations. Such rights shall not, however, be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence or arguments to aid the hearing body in reaching its decision.

Adjournment of hearing. Subject to the right of the applicant to a decision within any applicable time limit, the body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time and place for the purpose of giving further notice, taking further evidence, gathering further information or for such other reason as the body may find to be sufficient. The date, time and place of the adjourned hearing shall be announced at the public hearing at which the vote of adjournment is passed, and no further notice shall be required.

Oaths and subpoenas. All testimony and evidence shall be given under oath or affirmation. The officer presiding at the hearing or such person as he may designate shall have the 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 to all hearings held pursuant to this chapter.

(5)

Transcripts. The Land Use Administrator shall provide for the verbatim recording of every hearing required to be held pursuant to this chapter. Such recording shall be by either stenographic, mechanical or electronic means. The Land Use Administrator shall furnish a transcript, or duplicate recording in lieu thereof, to any interested person upon written request and the payment of a fee, as established by Part 1, Article III, of this chapter, to help defray the costs thereof.

(6)

Board rules to govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining to and the rules promulgated by the body conducting the hearing.

(Reserved)[1]

[1]

Editor's Note: Former Subsection I, Prehearing informational meeting, was repealed 6-15-1988 by Ord. No. 1-1988.

Prehearing availability and copying of application and other documents.

At any time following the giving of notice as required in Subsections C through G of this section and upon reasonable request, any person may examine the application or other filing and all other documents on file with the Land Use Administrator pertaining to the subject matter of such notice.

Any maps or documents for which approval is sought at a hearing required to be held pursuant to this chapter shall be on file and available for public inspection at least 10 days prior to the date of the hearing. Such maps and documents shall be available for inspection during normal business hours at the office of the Land Use Administrator.

In addition, any person shall be entitled to copies of such application or other filing and such documents upon reasonable written request and payment of a fee, as established by Part 1, Article III, of this chapter, to help defray the cost of such copies.

The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Right to submit written statements. Any person may at any time prior to the commencement of a hearing hereunder or during such hearing or within such time as may be allowed by the hearing body following such hearing submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be made a part of the public record of the hearing.

§ 163-199 Referral to Atlantic County Planning Board.

Referral required prior to City action. Notwithstanding any other provision of this chapter, no final action shall be taken by any official, board, commission or agency of the City nor by the City Council as to any application subject to this section unless such application shall first have been referred to the Atlantic County Planning Board in accordance with the provisions of this section.

Applications requiring referral.

The following applications shall require referral to the Atlantic County Planning Board in accordance with the provisions of this section:

(a)

Every sketch plan submitted in connection with a site plan or subdivision prehearing conference held pursuant to Part 5, Article XX, of this chapter.

(b)

Every application for optional concept, preliminary or final site plan/subdivision plat approval pursuant to Part 5, Articles XXI, XXII and XXIII, of this chapter, unless waived by the county following submission of the sketch plan.

(c)

Every application for minor subdivision approval pursuant to Part 5, Article XXIV, of this chapter, unless waived by the county following submission of the sketch plans.

In addition, following final approval of a major or minor site plan/subdivision plat by the Atlantic City Planning Board, copies of such plat or plan suitable for filing with the county recorder and containing all necessary City approvals and signatures shall be submitted to the county for review prior to recording pursuant to §§ 163-121 and 163-125 of this chapter.

Procedure.

Upon receipt of any application subject to the provisions of this section, the Land Use Administrator shall refer four copies thereof the Atlantic County Planning Board, together with any form which said Board may require, and shall, in writing, request said Board to acknowledge the date of receipt of such referral, to review such application in accordance with the provisions of Section 5 or Section 8, as the case may be, of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3 and 40:27-6.6) and to report the results of such review to the Land Use Administrator.

No final action shall, unless conditioned as hereinafter provided be taken by any official, board, commission or agency of the City prior to the receipt of such report or, if no such report is received, the expiration of 30 days after such referral was received by the County Planning Board. By mutual agreement between the County Planning Board and City Planning Board, with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period, and any such extension shall extend the time within which the City official, board, commission or agency shall be required to act on the referred application. Any approval granted prior to receipt of such report or the expiration of such time shall be conditioned on the receipt of a favorable report or the expiration of such time without receipt of any report.

Upon receipt of such report or upon the expiration of said 30 days without receipt of such report, the Land Use Administrator shall forward such report or a notice that no report was received to the City official or body charged with finally disposing of the application in question.

§ 163-200 Notice and filing of decisions.

Applications.

A copy of each decision made following a hearing on an application for development or for an amendment or on an appeal to the Board of Adjustment pursuant to Part 5, Article XXX, of this chapter shall be mailed by the Land Use Administrator within 10 days following the date of the decision to the applicant or, if represented by an attorney, then to such attorney, without separate charge. In addition, the Land Use Administrator shall mail a Copy of any such decision to any person who shall, in writing, request a copy of such decision and pay a fee, as established by Part 1, Article III, of this chapter, to help defray the costs of copying and mailing.

[Amended 6-15-1988 by Ord. No. 1-1988]

A copy of each such decision shall be filed in the office of the Land Use Administrator. The Land Use Administrator shall make a copy of each such decision available to any interested party upon request and the payment of a fee, as established by Part 1, Article III, of this chapter, to help defray the costs of copying and mailing. All such decisions shall be available for public inspection at the office of the Land Use Administrator during reasonable hours.

The Land Use Administrator shall also cause a brief notice of each such decision to be published in a newspaper of general circulation in the City of Atlantic City. The applicant shall arrange for such publication. The time for filing an appeal from any decision, notice of which is required to be published pursuant to this subsection, shall begin to run on the day such notice is first published.

[Amended 6-15-1988 by Ord. No. 1-1988]

Development regulations. Master Plan, capital improvements program and Official Map.

Within 30 days following the date of adoption, revision or amendment of any development regulation or of the Atlantic City Master Plan, capital improvements program or Official Map, the Land Use Administrator shall give notice thereof to the County Planning Board. Every such notice shall be accompanied by a copy of the development regulation, Master Plan, capital improvements program or Official Map or any amendment or revision as adopted.

Within 30 days following the adoption or amendment of the Atlantic City Official Map, such map, as adopted, revised or amended, shall be filed with the Atlantic City Recording Officer.

Copies of every development regulation and any revision or amendment thereto shall be filed in the office of the Atlantic City Clerk and in the office of the Land Use Administrator. Such copies shall be maintained in each such office and shall be available to any interested party upon reasonable request and a payment of a fee, as established by the City Council, to help defray the costs of copying and mailing.

[Amended 6-15-1988 by Ord. No. 1-1988]