a Rules The planning board and zoning board of adjustment shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of C 40 55D-1 et seq or of this ordinance

b Oaths 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, P L 1953, C 1938 C 2A 67A-1 et seq) shall apply

c Testimony 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 Imitations as to time and number of witnesses.

d Evidence Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence

e Records Each board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means The board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense

1 When any hearing before the planning board or zoning board of adjustment shall carry over two or more meetings a member of the board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, not withstanding his absence from one or more of the meetings, provided, however, that such board member has available to him a transcript or a recording of the meeting from which he was absent, and certifies in writing to the board that he has read such transcript or listened to such recording

Whenever a hearing is required on an application for development pursuant to N J S A. 40 55D- 1 et seq . including conventional site plan (with the exception of changes in use or occupancy in shopping village development (section 13- 10) provided same is permitted by ordinance), or as to any matter coming before the zoning board of adjustment, the applicant shall give notice thereof as follows

a. Public notice shall be given by publication in the official newspaper of the township at least ten days prior to the date of the hearing

b. Notice shall be given to the owners of all real property located in this State as shown on the current tax duplicate or duplicates within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or without the township. Such notice shall be given by

1. Serving a copy thereof on the owner, as shown on the said current tax duplicates, or his agent in charge of the property, or

2 Mailing a copy thereof, by certified mail to the property owner at his address, as shown on the said current tax duplicate or duplicates.

The above requirements shall be deemed satisfied where condominiums or horizontal property regimes are within 200 feet of applicant's property, by making service in the following manner

1. If the applicant's property abuts a condominium and the owner of any unit is within 200 feet of the applicant's property and said unit has a unit above or below it, by giving notice to the condominium association.

2. If the applicant's property abuts a horizontal property regime and an apartment of the co-owner is within 200 feet of the applicant's property and such apartment has an apartment above or below it, by giving notice to the horizontal property regime

3. If the applicant is the owner of a condominium unit or co-owner of an apartment, notice shall be given to all other unit owners or apartment co-owners within 200 feet of the unit or apartment owned or co-owned by the applicant

A return receipt is not required Notice to a partnership owner may be made upon any partner, Notice to a corporate owner may be made by service upon its president, vice-president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation Where a condominium association, horizontal property regime, community trust or homeowner's association, own grass, landscaped areas, driveways, parking lots, recreational facilities, etc , which are common elements or areas, that are within 200 feet of the property Which is the subject of a hearing, notice may be made in the same manner as to a corporation, without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas

c. 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 certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 15-3 6"b" to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises

d. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situate within 200 feet of a borough boundary

e. Nonce shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

f. Notice shall be given by personal service or certified mail to the 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 township clerk pursuant to N J S A 40 55D-10(b)

g All notices hereinabove specified in this section shall be given at least ten days prior to the date fixed for hearing and the applicant shall file an affidavit of proof Of service With the board holding the hearing on the application for development

h Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of C 40 55D-14

i Form of notice All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and 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 township tax assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law

j Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten days before the date of the hearing during normal business hours in the office of the township clerk

k Notice pursuant to paragraphs c, d, e, and f of this subsection shall not be required unless public notice pursuant to paragraph a and paragraph b of this subsection is required. Notice under paragraphs a and b is not required for (1) conventional site plan review, (2) minor subdivision approval, or (3) final approval pursuant to N.J.S.A. 40 5513-50.

Pursuant to the provisions of N.J.S.A. 40. 55D-12c the tax assessor of the township shall, within seven days after receipt of a request therefore, and upon receipt of a fee not to exceed twenty-five ($.25) cents per name or ten ($10 00) dollars, whichever as greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 15-3 6b of this chapter

An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee In the event that the agency. committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period, unless (a) the application lacks information indicated on a check list as hereinafter specified, a copy of which shall have been provided to the applicant, and (b) the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application for development have been met The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the agency.

The check list requirements for applications for development are as follows

a Check list for all applications for development See Schedule A attached to and made a part of this chapter

b Additional check list requirements for minor site plan, minor subdivision, preliminary site plan, preliminary major subdivision, final site plan and final major subdivision See Schedule B attached to and made a part of this chapter

c Additional check list requirements for appeals pursuant to N J S A 40 55D-70(a), for ordinance or map interpretations or special questions under N.J.S.A. 40 55D-70(b), for variances under N.J.S.A. 40 55D-70(c) and N.J.S.A. 40 55D-70(d), for planning variances pursuant to N.J.S.A. 40 55D-34 and 40 55D-36 and for conditional uses See Schedule C attached to and made a part of this chapter