Public Hearings.
1. Subsequent to an application for development being declared complete, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall hold a hearing on the application for development. Each Board shall make rules governing such hearings.
2. 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 any documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
3. The officer presiding at the hearings, 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, and the provisions of the "County and Municipal Investigations Law," P.L. 1953, C.38 (C.2A:67A-1 et seq.) shall apply.
4. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, or such other person as he may designate, 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 reasonable limitations as to time and number of witnesses.
5. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
Public Notice of a Hearing.
1. Public notice of a hearing shall be given for all applications for development.
2. The Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
a. Publication in an official newspaper of the Township, if there is one, or in a newspaper of general circulation in the Township in the absence of an official newspaper; and
b. By notification by personal service or certified mail to the following. An affidavit of proof of the giving of the required notice shall be filed by the applicant with the municipal agency at, or prior to, the hearing. It is not required that a return receipt is obtained since notice is deemed complete upon mailing (N.J.S.A. 40:55D-14); however, evidence that the required notice was mailed to the following shall be provided to the Planning Board or Zoning Board of Adjustment, as the case may be, prior to the subject public hearing:
(1) To all owners of 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 the hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
(a) Notice to a partnership owner may be made by service upon any partner.
(b) 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.
(c) 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.
(2) To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities.
(3) To the Burlington County Planning Board when the application for development involves property adjacent to an existing County road or proposed road as shown on the County Official Map or County Master Plan, adjoining other County land or situated within 200 feet of a municipality boundary.
(4) To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
(5) To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be filed with the Township.
(6) To the Executive Director of the Pinelands Commission when the property is located within the Pinelands Area.
3. Upon the written request of an applicant, the Township Administrative Officer shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection 2.b above who own property not located within the Township.
4. At minimum, the notice shall state the name and address of the applicant; the date, time and place of the hearing and the nature of the matters to be discussed, including all variances and/or waivers requested by the applicant; an identification of the property proposed for development by street address, if any, and 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 or documents for which approval is sought are available for inspection.
5. Regarding any application for development being reviewed by the Planning Board or Zoning Board of Adjustment, as the case may be, and said Board determines that substantial revisions have been made to said application subsequent to the date when it was determined to be a "complete application," then the Board may require the applicant to again comply with the notice requirements specified in this section of the ordinance.
6. Regarding any application for development in the Pinelands Area of the Township, the Secretary of the Board shall provide notice to the Executive Director of the Pinelands Commission of any hearing, public meeting or other formal proceeding at which the application for development is considered. Such notice shall be in such form as the Executive Director shall from time to time specify and shall contain the information required in Subsection 4 of this ordinance hereinabove plus the application number of the Certificate of Filing issued by the Executive Director of the Pinelands Commission and the date on which it was issued; any written reports or comments received by the Board on the application for development which have not been previously submitted to the Commission; and any other information required by the Pinelands Commission in accordance with N.J.A.C. 7:50-4.18(c) of the Pinelands Comprehensive Management Plan, as amended.
