The Board shall hold meetings according to the following provisions:
A. 
Regular meetings. The Board shall schedule regular meetings not less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications to process or for lack of a quorum.
B. 
Special meetings. At the request of the Chairperson or at the request of any two Board members, a special meeting shall be held, provided that notice of such meeting is given to the Board members and the public in accordance with all applicable legal requirements.
C. 
Quorum. No action shall be taken at any meeting without a quorum being present.
D. 
Public meetings. All regular and special meetings shall be open to the public with notice of all such meetings given, in accordance with the requirements of the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
E. 
Rules. A hearing shall be held on each application for development. The Board shall adopt rules governing the conduct of such hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter. Said rules and regulations may include the further definition of a complete application beyond the contents of this chapter and shall provide that the Board review, on the record, the reports and recommendations of each Borough official or agency with respect to each application for development referred to them pursuant to this chapter. In the issuance of subpoenas, administration of oaths and taking testimony, the provisions of the County and Municipal Investigations Law shall apply.[2]
[2]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
F. 
Maps and documents. 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 prior to the date of the hearing during normal business hours in the office of the Borough Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
G. 
Oaths. The acting Chairperson presiding at the meeting or the Board Attorney 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 applicant and other interested parties.
H. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath, 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 Acting Chairperson and to reasonable limitations as to time and number of witnesses.
I. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party, at the party's expense, provided that the charge shall not be more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified, in writing, by the transcriber to be accurate.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Board Secretary. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party shall be charged a fee for reproduction of the minutes for his or her use.
No member or alternate member of the Board shall act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, such member shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion relating thereto.
Any member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such member has available to him or her the transcript or recording of all of the hearing from which such member was absent and certifies, in writing, to the Board that he or she has read such transcript or listened to such recording.
Any decision of the Board or when acting upon any application for development, including an action of denial resulting from the failure of a motion to be approved, shall be reduced to a written resolution memorializing the action, pursuant to § 110-34. Said resolution shall be adopted within 45 days of the date on which the action was taken by a vote of a majority of the members of the Board whose vote resulted in the action previously taken. Any member of the Board who did not vote on the action previously taken shall not vote on the resolution memorializing such action. The vote on such resolution shall be deemed to be a memorialization of an action and not an action of the Board, and the date of adoption of such resolution shall constitute the date of decision for purposes of all mailings, filings and publications required pursuant to §§ 110-35 and 110-36.
[Amended 9-15-1997 by Ord. No. 97-20]
The Board may employ or contract for the services of experts and such other staff and services as it deems necessary, the cost of which shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Board shall refer one informational copy of all applications for development to the Borough Environmental Commission. Failure of the Board to make such informational copy of any application available to the Environmental Commission shall not invalidate any hearing or proceeding. The Board may also refer, for review and comment, informational copies of all applications for development to the Borough Engineer, Borough Planner and any other Borough officials and agencies.