Welcome to the work session and public hearing of the East Greenwich Planning/Zoning Board. The Board is glad you are here and we can all benefit from your attendance and input. This bulletin outlines, in summary fashion, the procedures the New Jersey Municipal Land Use Law (MLUL) requires the Planning Board to follow. Only Planning Boards (not elected governing bodies such as a Township Committee) are charged by law with reviewing and determining non-residential site plans and subdivisions with non-use related variances known as “c” variances. You may obtain a copy of the New Jersey Municipal Land Use Law, NJSA, 40:55D-1 et seq. and contact the New Jersey Planning Officials at www.NJPO.org or (908) 412-9592. Approvals or denials of applications may be legally challenged (for instance, in New Jersey Superior Court). Therefore, it is very important that the process laid out in the MLUL be closely followed.
An agenda is available before all meetings. It is available in the Township Clerk’s Office at least 48 hours before the meeting.
Public Question and Comment
Each application is reviewed in accordance with the New Jersey MLUL procedures. In many ways, the procedures are similar to courtroom procedures. The chairperson conducts the meeting as a judge might and the Board is comparable to a jury that votes to make a final decision. All members of the Planning Board are resident volunteers who are appointed by the Township Committee and serve in the public interest without compensation. Board members are required to complete a state-mandated training course, which is also available to the public. Each year, Board members file financial disclosure statements required by the New Jersey Ethics Law with the Municipal Clerk.
The public may comment on applications before the board. The timing of such comment depends on the complexity of the application. In general, less complex applications have one public comment period. More complex applications have public question periods after each expert witness presents testimony, and a general public comment period after the completion of the presentation of the application. When asking a question regarding a specific witness’s testimony, the public may ask a question only about that expert’s testimony. The public may comment on any aspect of the application during the public comment period at the close of the application.
The public meeting begins at 7pm. The chairperson will open the public question and comment section for each application.
Meeting minutes are posted after the Board approves them, usually at the following month’s meeting. The minutes are typically posted the day following their approval.
When an application is announced by the chairperson, the applicant or his/her attorney comes forward. If the applicant is to provide testimony, he/she introduces him/herself, affirms that his/her testimony will be truthful (while being sworn under oath by the Planning Board Attorney) and then explains the nature of the application. If the applicant is represented by an attorney, the attorney presents the application and, where applicable, the order of the applicant’s expert witnesses. If there are expert witnesses, they will be sworn in before presenting their testimony.
Following the testimony of each witness, the Board will ask questions and seek clarifications needed for an informed review of the application. The chairperson will then ask if there are any questions from the public regarding the testimony.
If you have a question, raise your hand. When the chairperson calls on you, please walk to the microphone. You will then be sworn under oath by the Board Attorney. Please speak clearly into the microphone. All witnesses must state their names and addresses and spell their names before asking a question or making appropriate comments. The public is limited to five minutes per person to ensure adequate time for all speakers for all applications.
Verbal statements from the public should be supportable and not hearsay.
The applicant has the right to cross-examine any members of the public who speak. Written statements or letters from individuals who are not present, petitions, or speaking on anyone else’s behalf are not allowable according to New Jersey MLUL. Written statements from the public in favor of or opposing the application cannot be accepted as the Board cannot cross-examine written statements; however, a member of the public may provide the secretary with a written copy of his/her remarks after speaking.
Only the chairperson may decide who speaks at a given time. Comments called out from the audience will not be considered part of the record.
The chairperson has the right to close the public portion of a hearing if he/she feels that the audience is unruly or is making comments that are not relevant to the application. The chairperson also has the right to have any member of the audience removed from the hearing room for unruly display of meeting decorum.
The meeting is recorded using an audio system. However, the applicant may also choose to hire a court reporting service at his or her personal expense. Minutes will be prepared and summarized by the Board’s secretary.
When you follow the procedures discussed above, your input will have maximum impact on the Board’s deliberations. Please note that all applications are judged on their individual merits. The Board cannot predetermine the outcome of an application.
The information and guidelines provided in this bulletin are subject to any changes in the municipal land use law and are subject to any procedures or deviations established by the land use boards to implement the municipal land use law in effect at the time.
(These guidelines are for the purpose of assisting interested parties in understanding and participating in the municipal land use process. Each application is unique and deviations from this outline may necessarily occur. Such deviations should not be considered a basis for an argument in any appeals of a decision rendered by the Board.)
Thank you for participating in the municipal land use process.