N.J. Admin. Code § 19:4-4.17

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:4-4.17 - Public hearings

(a) Whenever a public hearing is required pursuant to these regulations, the NJMC 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.

(b) The NJMC shall provide notice of the public hearing pursuant to N.J.A.C. 19:4-4.1 6.

(c) For variance applications, 12 copies of any plans, reports, exhibits, or other data submitted as evidence during a public hearing shall be required to be submitted.

1. Failure to produce 12 copies of such plans, reports, exhibits, or other data submitted as evidence at the public hearing shall not invalidate the proceedings.

2. In cases where the public hearing has been waived per subsection (j) below, 12 copies of any supporting documentation shall be submitted by the close of the public comment period specified in the public notice.

3. Failure to submit 12 copies of any plans, reports, exhibits, or other data submitted as evidence within one week of the public hearing, or by the end of the public comment period in cases where the public hearing has been waived in accordance with (j) below, shall cause the NJMC staff to reproduce the required number of copies, the cost of which shall be borne by the applicant.

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

(d) A party to a hearing shall be 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 NJMC:

1. Any person, agency, or organization entitled to individual notice under N.J.A.C. 19:4-4.1 6;

2. Any person, agency, organization or other entity whose right to use, acquire or enjoy property is, or may be, affected by any action taken on the application; and

3. Any person, agency, organization or entity who satisfies the NJMC that that person, agency, organization or entity has a significant interest in the subject matter of the hearing.

(e) The NJMC may administer oaths and compel the attendance of witnesses, the production of relevant papers, and inquire into and establish qualifications of witnesses appearing.

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

(g) 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. Testimony shall be provided by a New Jersey-licensed professional engineer, professional planner, registered architect, or other professionals.

(h) The NJMC 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 NJMC and shall be a part of the public record.

(i) The NJMC may continue the hearing from time to time as may be reasonably necessary, and may refer the matter back to the NJMC staff for further investigation. A copy of any reports resulting from the investigation shall be filed with the NJMC and become part of the public record. The public hearing(s) shall be concluded within six weeks of the date of the first public hearing, unless the applicant consents in writing to an extension of the time period. The public record shall be closed at the time of conclusion of the public hearing(s).

(j) Notwithstanding the provisions of this section, in case of a request for a variance from a bulk regulation in this chapter, the Chief Engineer may waive a public hearing, but may not waive notification requirements, provided, however, that the applicant submit written comments relative to the application to the NJMC prior to such public notification. Public comment will be accepted within 10 days of the date of publication. If there is sufficient public interest in the application during the comment period, as determined by the Chief Engineer, the NJMC reserves the right to require a public hearing.

N.J. Admin. Code § 19:4-4.17

Amended by R.2005 d.210, effective 7/5/2005.
See: 36 N.J.R. 5659(a), 37 N.J.R. 427(a), 37 N.J.R. 2555(a).
Rewrote the section.
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (j), inserted the last sentence.