N.J. Admin. Code § 19:31C-3.26

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:31C-3.26 - Hearings

(a) The following concern public hearings:

1. Whenever the Authority is required to hold a public hearing pursuant to this subchapter, the Authority shall hold a public hearing in accordance with this section and shall select a reasonable time and place for the conduct of the public hearing, and shall so advise the applicant.

2. The Authority shall provide notice of the public hearing pursuant to (b) below.

3. For use-type variance applications, 10 copies of any plans, reports, exhibits, or other data to be submitted as evidence during a public hearing shall be required to be submitted.

i. Failure to produce 10 copies of such plans, reports, exhibits, or other data submitted as evidence at the public hearing shall not invalidate the proceedings.

ii. Failure to submit 10 copies of any plans, reports, exhibits, or other data submitted as evidence within one week of the public hearing shall cause the Authority staff to reproduce the required number of copies, the cost of which shall be borne by the applicant.

iii. Photographs of three-dimensional exhibits shall be deemed acceptable copies.

4. A party to a hearing shall include the applicant and the host municipality, and any of the following persons, agencies, or organizations who have entered an appearance of record either prior to commencement of the public hearing or when permitted by the Authority:

i. Any person, agency, or organization entitled to individual notice under (b) below; and

ii. Any person that can demonstrate that their right to use, acquire, or enjoy property in which that person holds an interest may be directly and substantially impacted by the application for development. Increased economic competition or other impacts upon a business that are unrelated to the purposes of the MLUL as set forth at 40:55D-2, shall not constitute a direct and substantial impact that may impact a person's right to use, acquire, or enjoy property.

5. The Authority shall designate a hearing officer to conduct the hearing. The hearing officer shall be qualified to administer oaths and may compel the attendance of witnesses, the production of relevant papers, and inquire into and establish qualifications of witnesses appearing.

6. Applicants, other than individuals or sole proprietorships, shall be represented by a New Jersey attorney-at-law.

7. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to present evidence and to examine and to cross-examine witnesses on all relevant issues, but the hearing officer may impose reasonable limitations on the number of witnesses heard and on the nature and length of their testimony and cross-examination. Expert testimony shall be provided by a New Jersey-licensed professional engineer, professional planner, registered architect, or other professionals.

8. The Authority shall arrange for a transcript of the hearing, the cost of which shall be borne by the applicant. All exhibits accepted into evidence shall be properly identified. The reason for the exclusion of any exhibits from evidence shall be clearly noted in the record. The transcript and exhibits shall be filed with the Authority and shall be a part of the public record.

9. The hearing officer may continue the hearing from time to time as may be reasonably necessary, and may refer the matter back to the Authority staff for further review or investigation. A copy of any reports resulting from such further review or investigation shall be filed with the Authority and become part of the public record.

10. The public hearing(s) shall be concluded within such time periods as reasonably calculated to enable the Authority to take action within the time periods required by this subchapter, unless the applicant consents in writing or on the record to an extension of the time period. The public record shall be closed at the time of conclusion of the public hearing(s).

11. Following the conclusion of the hearing, the hearing officer shall provide to the FMERA Board all evidence submitted, copies of all transcripts, and a written recommendation. The FMERA Board may grant, deny, or grant the application with conditions, and in so doing may modify the recommendation of the hearing officer. Notice of the FMERA Board's decision will be published in a newspaper of general circulation available in the host municipality in which the property is located, and written notice of the FMERA Board's decision will be provided to the applicant and to the host municipality.

(b) The following concern notice of public hearings:

1. Whenever a public hearing is required pursuant to this subchapter, the Authority shall arrange for public notice, the cost of which shall be borne by the applicant. The notice shall include:

i. The time and location of the public hearing;

ii. A statement describing the subject matter of the hearing;

iii. The nature of any approval sought, together with any relief sought;

iv. Identification of the applicant and owner of the subject property; and

v. A statement that the application and supporting materials will be available for public inspection at the offices of the Authority at least 10 days prior to the hearing.

2. At least 10 days in advance of the public hearing, the Authority shall arrange for publication of the public notice in a newspaper of general circulation available in the host municipality in which the property is located, and shall provide for notice either in person, by certified mail, or otherwise, to the following:

i. Any party entitled to personal notice of an application pursuant to the MLUL; and

ii. The municipal clerk of each municipality in which property owners must be served notice, pursuant to N.J.A.C. (b)2i above.

3. The applicant shall obtain and submit to the Authority a certified list or lists of property owners entitled to notice from the tax assessor of the host municipality or municipalities in which property owners must be served notice pursuant to (b)2i above. The Authority and the applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any property owner not on the list shall not invalidate any hearing or proceeding. Said lists shall be produced and certified no earlier than 90 days prior to the date of the hearing.

4. Whenever a public hearing is required pursuant to this subchapter, the applicant shall pay the cost of such legal notices as shall be required to be given and the cost of the preparation of a stenographic record of any such hearing.

N.J. Admin. Code § 19:31C-3.26