New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.26 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(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.