Bergenfield City Zoning Code
ARTICLE XII
Written Testimony for Development Applications
§ 186-118 Description of testimony.
In any application for development before the Planning Board or Zoning Board of Adjustment wherein a hearing is required, pursuant to N.J.S.A. 40:55D-10, an applicant or other interested party may, in the discretion of the Board, submit testimony in writing as follows:
A.
The testimony shall be in writing and be sworn to under oath by the presenter thereof or may be submitted pursuant to certification in lien of oath as set forth in Court Rule 1:4-4(b) which states, "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.”
B.
The written sworn testimony, which may include maps, documents, records, or any other attachments deemed relevant to the submission, shall be submitted not less than two weeks prior to the hearing or meeting date on which the testimony is to be considered as follows:
(1)
Eighteen complete sets of documentation shall be submitted to the Planning Board relating to an application before that Board.
(2)
Twelve complete sets of documentation shall be submitted to the Zoning Board of Adjustment relating to a commercial application before that Board.
(3)
Twelve complete sets of documentation shall be submitted to the Zoning Board of Adjustment relating to a residential application before that Board.
(4)
A computer disk copy shall be presented to the respective Board Secretary so that same may be posted on the Borough’s Web site. In the event that exhibits are submitted with the oral testimony, they shall be reduced in size as a .jpg or .bmp file.
(5)
One complete copy shall be placed on file at the reserve desk at the Bergenfield Public Library.
C.
Upon submission as set forth above, the testimony shall be deemed conditionally admitted into evidence before the respective board.
(1)
The author of the written testimony shall be present at the hearing or meeting at which the written testimony is to be considered and shall be subject to examination or cross-examination by all interested parties, including but not limited to the applicant or the applicant’s representative, Board members, objectors or their representative, the municipal Public Advocate or Alternate Public Advocate, as the case may be, and such other interested parties who would be permitted to examine the witness had the testimony been submitted orally at the hearing or meeting.
(2)
The author of the written testimony shall indicate before the respective board that he/she is the author of the testimony, and that the written testimony, and any records, maps or documents submitted in conjunction therewith, is the testimony of the witness and is incorporated verbatim and at length to the same extent as if he were orally testifying to same at the hearing or meeting.
D.
Nothing contained herein shall prevent the author or presenter of the testimony from supplementing, revising or deleting any of the written testimony previously submitted subject to the respective Board’s authority to exclude irrelevant, immaterial or unduly repetitious evidence as per N.J.S.A. 40:55D-10.e.
E.
Upon completion of the examination, cross-examination or other discourse with the witness, the respective board shall accept the written testimony into evidence along with all other evidence elicited by way of supplement, revision, or deletion as same may occur.
F.
The procedure to accept written testimony as set forth above shall solely be in the sound discretion of the respective board, and the Board reserves the right to not accept written testimony in lieu of oral testimony if the Board deems, in its sole discretion, that it is not in the public interest to do so, the application is unduly complex, or any other reason exists to require oral testimony.
G.
Oral testimony will be in summary form and will not exceed 20 minutes.