1. Procedures
  2. Public Questions
  3. Public Comments

Public Hearing Procedures

As required by law, the Zoning Board of Adjustment must follow certain procedures during its hearings.

A printed agenda, a copy of which is available on the witness table in front of the room, lists the cases scheduled for the meeting. Not all cases on an agenda are necessarily completed during a given meeting. 

If a case has not been completed by 11 pm, the Chairman will announce a date at which the hearing will be continued. This date should be noted carefully. Notices in writing for the case to be continued will normally not be repeated. To confirm a re-scheduling, an interested person may call the Board of Adjustment at 908-753-8000, ext. 260 between 8:30 am and 4 pm.

During the Hearing

A Zoning Board of Adjustment hearing is similar at a Court proceeding. The Chairman conducts the proceeding. The Board renders a determination. To support the merits of his case, the applicant may provide the testimony of expert witnesses. The Board Members, its Professionals (Board Attorney, Planner/Zoning Officer, and Engineer) as well as the public have the right to cross-examine these experts and other witnesses.

Once a case is announced by the Chairman, the applicant, sometimes represented by an Attorney, will come forward. Those involved in the application are introduced. The nature of the proposal is explained and witnesses are called.

During the latter part of the hearing, members of the public will be given the opportunity to comment on the application as well as present their own expert witnesses. The applicant has the right to cross-examine those who make statements or testify. Therefore, those statements should be supported by facts. Hearsay evidence and petitions are not admissible. A petition is not permitted, since all the signers may not be present to be sworn in and cross-examined.

Records & Public Speaking

A verbatim record of the proceedings is kept by tape recorder and by a court reporter. The Chairman determines when the public may speak. The public should wait to be called upon.