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Editor's Note: N.J.S.A. 2A:11-15 was repealed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:
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.
Any notice made by certified mail as hereinabove
required shall be deemed to be complete upon mailing in accordance
with the provisions of N.J.S.A. 40:55D-14.
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.
