Green Township City Zoning Code
ARTICLE IV
Hearings
§ 30-6.1 When Hearings Required.
[1979 Code § 64-11; Ord. No. 2017-02]
The Planning Board shall hold a hearing on each application for development, except for concept plan applications. The Planning Board shall also hold a hearing on the adoption, revision or amendment of a Master Plan. The Township Committee shall hold a hearing on the adoption or amendment of a development regulation, an Official Map or a capital improvements program.
§ 30-6.2 Application Available for Public Inspection.
[1979 Code § 64-12; Ord. No. 2017-02]
The municipal agency shall make the rules governing such hearings. 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.
§ 30-6.3 Powers of Presiding Officer.
[1979 Code § 64-13; Ord. No. 2017-02]
The officer presiding at the hearing or such person as he may designate shall have 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, N.J.S.A. 2A:67A-1 et seq. shall apply.
§ 30-6.4 Testimony of Witnesses.
[1979 Code § 64-14; Ord. No. 2017-02]
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.
§ 30-6.5 Rules of Evidence.
[1979 Code § 64-15; Ord. No. 2017-02]
Technical rules of evidence shall not be applicable to the hearing, but the agency may include irrelevant, immaterial or unduly repetitious evidence.
§ 30-6.6 Records of Proceedings.
[1979 Code § 64-16; Ord. No. 2017-02]
The municipal agency shall provide for the verbatim recording of the proceedings by stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.
§ 30-6.7 Written Decisions.
[1979 Code § 74-17; Ord. No. 2017-02]
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
§ 30-6.8 Mailing of Decisions.
[1979 Code § 64-18; Ord. No. 2017-02]
A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the Township Clerk. The Township Clerk shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
§ 30-6.9 Publication of Decisions.
[1979 Code § 64-19; Ord. No. 2017-02]
A brief notice of the decision shall be published in the official newspaper of the municipality if there is one or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk, the Secretary of the Planning Board provided that nothing in this chapter shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. 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 municipality or the applicant.
§ 30-6.10 Notice of Hearings Involving Development and Master Plan.
[1979 Code § 64-20; Ord. No. 8-80; Ord. No. 7-81; Ord. No. 10-97 § 1; Ord. No. 2017-02]
Notice pursuant to Subsections a and b below shall state the date, time and place of the hearing; the nature of the matters to be considered; and, in the case of notices pursuant to Subsection a below, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers, as shown on the current tax duplicate in the Municipal Tax Collector's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 30-6.2.
a.
Notice of Applications. Notice pursuant to Subsection a1, 2, 4, 5, 6 and 7 below shall be given by the applicant. The notice shall be given at least 10 days prior to the date of the hearing.
1.
Public notice of a hearing on an application for development shall be given, except for conventional site plan review, sketch plats or final approval, provided that public notice shall be given in the event that relief is requested pursuant to § 30-7.2 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality if there is one or in a newspaper of general circulation in the municipality.
2.
Notice of a hearing requiring public notice pursuant to Subsection a of this subsection shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner, as shown on the 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 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.
3.
Upon the written request of an applicant, the Township Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection a2 of this subsection. 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 applicant shall pay the maximum fee permitted by N.J.S.A. 40:55D-12c for such list.
4.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or by certified mail to the Clerk of such municipality.
5.
Notice shall be given by personal service or by certified mail to the County Planning Board of any hearing on an application for development.
6.
Notice shall be given by personal service or by certified mail to the Commissioner of Transportation of hearing on an application for development of property adjacent to a State highway.
7.
Notice shall be given by personal service or by certified mail to the Chair of the New Jersey State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to § 30-6 of this Code.
8.
The applicant shall file an affidavit of proof of services with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
b.
Notice Concerning Master Plan. The Planning Board shall give:
1.
Public notice of a hearing on adoption, revision or amendment of the Master Plan, such notice shall be given by publication in the official newspaper of the municipality if there is one or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.
2.
Notice by personal service or by certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
3.
Notice by personal service or by certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the municipal Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto, and the Planning Board shall give nature of the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, such notice shall include a copy of the Master Plan or revision or amendment thereto.
§ 30-6.11 Notice of Hearings on Ordinances, Capital Improvements and Official Map.
[1979 Code § 64-21; Ord. No. 2017-02]
a.
Notice by personal service or by certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
b.
Notice by personal service or by certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and notice shall be given on the adoption, revision or amendment of the municipal capital improvement program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital program or any proposed revision or amendment thereto, as the case may be.
c.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.