Revision of Planning Board Rules and Regulations (Adopted and Signed)

to the provisions of Rule 2:2-4(d), to allow any member of the public to make any statement relative to the application before the board. Such member of the public shall be first sworn after identifying him/herself and_shall_be subject to cross-examination by the applicant or if applicant is represented by an attorney, applicant's counsel, g. Rebuttal testimony or evidence shall then be admitted in such order as the chairperson shall designate. h. All witnesses may be cross-examined by any member of the Board, the Board attorney or any interested person. i Any member of the Board may place evidence before the Board as to any relevant matter of which he/she has personal or official knowledge, strictly for the purpose of amplifying the record, including facts ascertained from a viewing of the premises in question and the general area. j. The Board may also take the testimony of any expert witness employed by it and such expert shall be’subject to cross-examination by the applicant or applicant's attorney. 5.5 Closing of Hearing; Continuances. When the applicant and all interested persons have had an opportunity to be heard, the chairperson shall determine if the hearing shall be closed. The applicant, or any other interested person, may request from the Board a continuance of the hearing for the purpose of presenting further relevant evidence. The Board, acting in its sound discretion, may either grant or deny their request. In cases where the Board feels that testimony or other evidence should be received in the public interest from any municipal, county, or state official or from any other persons, in order to assist the Board in rendering a just decision, the Board may, on its own motion, continue the hearing to another day certain for such purposes. In the absence of any request to continue the hearing, the chairperson shall declare the hearing to be closed and, thereafter, no further evidence will be received in the action, unless the matter is re-opened in accordance with these rules. In considering a request to continue any hearing, the chairperson should consider the effect of the time limits for decisions. 5.6 Evidence. The formal rules of evidence are not enforced before Planning Boards. However, no decision shall be based upon any facts not proved or on matters which are not in the record, unless they be such items of which the Board is

idence are not enforced before Planning Boards. However, no decision shall be based upon any facts not proved or on matters which are not in the record, unless they be such items of which the Board is entitled to take judicial notice. When any documents or exhibits are admitted into evidence during a hearing, they shall be marked and shall be retained by the Board as part of the permanent file. After the Board has rendered its decision and the time for the filing of any appeal has expired, the Board's secretary may return any such exhibits or documents to the person who offered them upon his/her request. 5.7 Burden of Proof. The burden of proof is on the applicant, and it is the applicant's responsibility to supply competent and credible evidence in order that the Board might determine the nature and degree of the relief if any to be granted to the applicant. The applicant must establish, to the Board's satisfaction, that he/she is, pursuant to statutory provisions, entitled to the relief being sought. Further, the applicant must establish that the relief granted will not adversely affect 10