Allentown City Zoning Code
§ 28-4.8
Hearings.
[Added 4-20-2021 by Ord. No. 03-2021]
a.
The Planning Board shall hold a public hearing on each application for development or appeal; adoption, revision or amendment of the master plan; each application for approval of an outdoor advertising sign submitted to the Borough agency as required pursuant to an ordinance adopted under subsection g. of section N.J.S.A..40:55D-39 or any review undertaken by a Planning Board pursuant to N.J.S.A. 40:55D-31.
b.
The Planning Board shall make the rules governing such hearings. Any maps and documents for which approval is sought at a public hearing shall be on file and available for public inspection at least 14 days before the date of the public hearing during normal business hours in the office of the administrative officer or at such other place in the Borough Hall as the Planning Board may designate. The applicant or appellant may produce other documents, records, or testimony at the public hearing to substantiate, clarify or supplement the previously filed maps and documents. An application for development shall not be deemed to be a complete application for development until all documents, records, plats, application forms, fees and other requirements of this chapter, and other ordinances of the Borough of Allentown to which this chapter applies, shall be filed or made part of the record at a public hearing, or receipt thereof by the Board is acknowledged at a public hearing.
c.
The officer presiding at the public 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 but not limited to witnesses and documents presented by the parties and the provisions of the "County and Municipal Investigations Law," N.J.S.A..2A:67A-1 et seq. shall apply.
d.
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.
e.
Technical rules of evidence shall not be applicable to the public hearing, but the Planning Board may take or limit testimony and exclude irrelevant, immaterial or unduly repetitious evidence at the public hearing or when rendering its decision.
f.
The Planning Board shall provide for the verbatim recording of the proceedings at public hearings by either stenographic, mechanical or electronic means. The Planning Board shall furnish a transcript, or duplicate recording in lieu thereof, on request of any interested party at his expense in accordance with the fee schedule established by the Borough Council. Transcripts shall be certified in writing by the transcriber to be accurate.
g.
Memorialization Resolution.
1.
Each decision on an application for development or appeal shall be in writing and shall include findings of fact and conclusions based thereon. Such written decision may be provided at the hearing on which action is taken to approve or deny the application or, if the public meeting to approve or deny the application occurs within 45 days of the final date set by an ordinance for approval or denial, by a memorialization resolution provided within 45 days of the meeting.
2.
Upon the offering of a memorialization resolution, only those members who voted for the resolution of approval or denial as evidenced by the memorialization resolution shall vote, and such memorialization resolution shall be adopted by a majority vote of those members in attendance eligible to vote. Failure to adopt a memorialization resolution within the 45-day period shall result in the approval of the application for development notwithstanding the results of the prior voting. Whenever a memorialization resolution is adopted, the date of such adoption shall constitute the date of the decision for the purposes of mailing, filing, publication and other notice requirements of this chapter. Notwithstanding the above, the adoption of a memorialization resolution shall not alter the applicable time period for rendering a decision on the application for development, unless consented to by the applicant.
3.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Borough agency voted to grant or deny approval. Only the members of the Borough 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. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to 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 Borough agency and not to be an action of the Borough 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 N.J.S.A.40:55D-10. If the Borough 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 Borough 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 Borough.
h.
A copy of the decision shall be mailed by the Planning Board within 10 days of the date of decision to the applicant or appellant, or if represented, then to his attorney, without separate charge and to all who request a copy of the decision for a reasonable fee, as set forth by ordinance. A copy of the decision shall also be filed by the Planning Board in the office of that agency and in the office of the Borough Clerk. The Secretary shall make a copy of such filed decision available to any interested party for a reasonable fee, as specified by Borough Code, and a copy shall be available for public inspection during normal Borough business hours.
i.
A brief notice of the decision shall be published in an official newspaper of the Borough or in a newspaper of general circulation in the Borough. Such publication shall be arranged by the applicant or appellant. 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 Borough or the applicant.
j.
At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review.