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Upper Township City Zoning Code

§ 20-9.3

Hearing.

[Added 11-10-2025 by Ord. No. 008-2025]
a. 
The Planning Board shall hold a hearing on each application for a request for site plan or subdivision approval, zoning variance, conditional use, or direction for the issuance of a permit.
b. 
Planning Board 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 Planning Board Secretary. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
c. 
The Chairman 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," P.L. 1953, C.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
d. 
The testimony of all witnesses relating to an application shall be taken under oath or affirmation by the Chairman, 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 hearing, but the Planning Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
f. 
The Pinelands Commission may participate in a hearing held by the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.