The planning board or the board of adjustment, as the case may be, shall hold a hearing on each application for development, or adoption, revision or amendment of the master plan. Notwithstanding any other provisions of this ordinance, nothing contained herein shall be construed to require hearings on sketch plats, minor subdivisions or resubdivisions. The Borough council shall hold a hearing on the adoption or amendment of a development regulation, and official map or capital improvements program. Those hearings requiring a public notice be given are herewith set forth in section 4.10 of this ordinance.

The Borough planning board or board of adjustment or Borough council, as the case may be, 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 administrative officer. The developer may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing or such person as be 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. The provisions of the County and Municipal Investigations Law, N.J.SA 2A:67A-1 et seq. shall apply.

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 limitations as to time and number of witnesses.

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

The municipal agency conducting such hearing shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Said municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense which charge shall not exceed more than the maximum permitted by R.S. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.

Each decision on any application for development shall be reduced to writing as provided in this ordinance and shall include findings of facts and conclusions based thereon.

Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency, and not to be an action of the municipal agency; except that failure to adopt such a resolution within the 45 day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by this ordinance.

A.copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the developer, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a fee of $1.00 per page, not to exceed $10.00. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. A copy of such filed decision shall be made available for public inspection in the office of the administrative officer during regular business hours.

A.brief notice of the decision shall be published in the official newspaper of the Borough or in a newspaper of general circulation in the Borough. Such publication shall be arranged by the administrative officer provided nothing contained in this ordinance shall be construed as preventing the developer from arranging such publication, if be so desires. The Borough shall charge the developer the cost of said publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Borough or by the developer.

(a) The following hearings shall require a public notice be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation:

(1) An application for development, before the planning board, or a preliminary plat of a major subdivision.

(2) The adoption, revision or amendment of the master plan or any part thereof by the planning board.

(3) Any application before the board of adjustment.

(4) An application for development, before the planning board, in which relief is requested pursuant to R.S. 40:55D-60.

(5) Adoption, revision or amendment of any development regulations by the Borough council.

(6) Adoption, revision or amendment of the Borough official map by the Borough council.

(a) Notice shall be given by the developer at least 10 days prior to the date of the hearing and shall state the date, time and place of the hearing, the nature of the matters to be considered, an 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 Borough tax assessor's office, and the location and times at which any maps and documents for which approval is sought are available.

All hearings requiring a public notice shall meet the following requirements:

(a) Notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate located in the State and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, of (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

(b) Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, 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. Notice of all hearings on application 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.

(c) 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 situated within 200 feet of a municipal boundary.

(d) Notice shall be given by personal service or certified mail to the N.J. commissioner of transportation of a hearing on an application for development of property adjacent to a state highway.

(e) Notice shall be given by personal service or certified mail to the director of the division of state and regional planning in the department of community affairs 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 Borough clerk.

(f) Upon written request, the administrative officer shall, within 7 days, make &,certify a list to the developer from said current tax duplicates of names and addresses of owners to whom the developer is required to give notice pursuant to paragraph (a) of this section. The developer shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00 whichever is greater may be charged for such list.

(g) The developer shall file an affidavit of proof of service and publication with the municipal agency holding the hearing on the application for development in the event that the developer is required to give notice pursuant to this section.

(h) Notice pursuant to subsections (b), (c), (d), and (e) of this section shall not be deemed to be required, unless public notice pursuant to subsection (a) of this section are required.

The planning board shall give:

(a) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be given by publication in the official newspaper of the Borough or in a newspaper of general circulation in the Borough at least 10 days prior to the date of the hearing.

(b) Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a master plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(c) Notice by personal service or certified mail to the county planning board of: (1) All hearings on the adoption, revision or amendment of the municipal master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (2) The adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the master plan or revision or amendment thereto.

Any notice made by certified mail pursuant to sections 4.11 and 4.12 of this ordinance shall be deemed complete upon mailing.

(a) The Borough council shall give notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(b) Notice by personal service or certified mail shall be made to the county planning board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing. Notice by personal service or certified mail shall be made to the county planning board of the adoption, revision or amendment of the municipal capital improvement program or municipal official map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal official map or the municipal capital improvement program, or any proposed -revision or amendment thereto, as the case may be.

(c) Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

When any hearing before the planning board or board of adjustment, as the case may be, shall carry over 2 or more meetings, a member of the municipal agency conducting said hearing who was absent for one or more of the meetings, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that said member has available to him a transcript or recording of the meeting from which be was absent and certifies in writing to the agency that be has read such transcript or listened to such recording, prior to his voting or participating on any decision on the matter.