N.J. Admin. Code § 5:21-3.4 - Appeal of waiver decisions

(a) Any decision of the technical committee may be appealed to the Site Improvement Advisory Board. The party wishing to appeal shall notify the Board of its intention to appeal within 10 business days from receipt of the resolution memorializing the technical committee's decision. The Board shall hear appeals in a public session at regularly scheduled or special meetings announced in compliance with the Open Public Meetings Act (see 10:4-6 et seq.).

(b) For each hearing, the Site Improvement Advisory Board shall designate, by simple majority of the members present, a voting member of the Board to serve as presiding officer.

(c) Any documents and materials constituting the appeal shall be available for public inspection at the Department of Community Affairs, Division of Codes and Standards during normal business hours at least 10 days before the date of the hearing. Other documents, records, or testimony may be produced at the hearing to clarify or supplement materials previously submitted.

(d) The hearings shall be informal. Rules of evidence shall not apply, but the presiding officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

(e) The testimony of all witnesses in a waiver appeal shall be under oath or affirmation and shall be recorded verbatim either mechanically or stenographically. Transcripts may be obtained at the expense of the requesting party and shall be certified by the transcriber to be accurate.

(f) The Site Improvement Advisory Board shall render a final decision within 10 days of the hearing. The Board's decision shall be in writing, and shall contain findings and conclusions. The Board shall mail a copy of the decision to the developer and to the municipal approving authority.

Notes

N.J. Admin. Code § 5:21-3.4

Amended by R.2000 d.480, effective 12/4/2000 (operative June 3, 2001).
See: 32 New Jersey Register 2670(b), 32 New Jersey Register 4277(a).
Rewrote (a).