The Borough Council, Planning Board and Zoning Board of Adjustment may, from time to time, adopt, revise, or amend rules and regulations for the administration of their functions, powers and/or duties, not inconsistent with the Land Use Law of the State of New Jersey (N.J.S.A. 40:55D-1 et seq.) or this chapter. Copies of all such rules and regulations shall be maintained in the office of the Borough Clerk and shall be available to any person upon request, subject to the charge of a reasonable fee as established by law.

Regular meetings of the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month. All regular meetings shall be open to the public. Scheduled meetings may be cancelled for lack of applications or other business to process.

A special meeting may be provided for at the call of the Chairman or at the request of two Board members, for which notice must be provided for to all Board members and the public as required by the Laws of the State of New Jersey.

Executive session meetings may be called to discuss and study matters to come before the Board. Such meetings shall be noticed to the public, but shall be without public participation unless permitted by the Chairman of the Board. No decisions will be rendered at an executive session meeting.

A quorum is necessary to conduct business or act on any pending application. All action requires a majority vote of the members present at the meeting, except as may be otherwise required by any provision of the Land Use Law of the State of New Jersey.

A Board member absent from one or more meetings at which a hearing was held, shall be eligible to vote, only upon certification by such Board member that he has reviewed the transcript or recordings of all the meetings from which he was absent.

Minutes, by recording, of every regular and special session meeting shall be kept and shall include the names of all members present, the names and addresses of all persons appearing before the Board, and a report of all action taken by the Board. The recording shall be available to any interested party for review at the office of the Board or Borough Clerk.

A public hearing is required on each application, development, variance and adoption, revision or amendment to the Master Plan and as may be required by the Land Use Law of the State of New Jersey.

All maps, surveys or other documents which make up a part of the application shall be on file and available for public inspection not less than 10 days prior to the date set for the hearing. The applicant may produce other documents, records and testimony at the hearing to substantiate, support, clarify and supplement previously filed documents.

Testimony at the hearing shall be taken under oath or affirmation, and the right of cross examination shall be permitted to all interested parties through their attorney at law, if represented or if not represented then direct but subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

The Chairman of the Board, or other officer presiding over the hearing, or the Board Attorney, shall have the power to administer the oaths and issue subpoenas to compel attendance at the hearing.

Each Municipal Board may adopt rules and regulations governing the conduct of the public hearing, as such rules and regulations are not in conflict with the provisions of the Land Use Law of the State of New Jersey and this chapter.

Technical rules of evidence shall not be applicable at the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence or testimony.

The Board shall provide for the verbatim recording of the hearing either by stenographer or by mechanical or electronic means. A transcript or duplicate recording thereof shall be provided to any interested party at his/her expense.

Whenever a public hearing is required, the applicant shall comply with the provisions of the Land Use Law of the State of New Jersey, and the applicant shall give public notice at least 10 days prior to the date set for the hearing, and the applicant shall file with the Board an affidavit of proof of service.

As a condition for Board approval, the applicant must submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan, or planned development application is made.

The fees set forth in this chapter are nonrefundable and are to cover the cost incurred by the Borough in processing the application.

Escrows are to pay for the cost of professional review by the Borough Engineer, Planning Consultant, Attorney and other professionals employed by the Board to review and make recommendations on the application. At the time of the submission of the application, the applicant shall be required to sign an escrow agreement to cover the cost of professional review. The amount to be specified in the escrow agreement is an estimate, which is required to be paid prior to certification of completion of application. If from time to time, additional escrow is needed, the applicant shall be required to pay the additional escrow prior to being permitted to take the next step in the process, or obtain occupancy permits.

In the event that the posted escrow exceeds the amount required, the excess will be refunded to the applicant within 14 days of the issuance of a certificate of occupancy for the project.