Public Comment Procedure for Montgomery Township Planning Board & Zoning Board of Adjustment
GENERAL COMMENT PROCEDURES:
All Board meetings are open to the public. Any person wishing to be heard must do so in person, on the record. Letters, with the exception of certain reports from public entities, are only admissible if the author is present to be cross-examined. Petitions are not admissible into evidence.
Speakers will be asked to come up to the microphone, identify themselves, spell their name and provide their address. Depending on the extent of the questions or comments, the speaker may be guided to be sworn in so that testimony can be provided. The Board, its staff, and the public have a right to cross-examine anyone providing sworn testimony. This is the case for all portions of the agenda.
PUBLIC COMMENT – ITEMS NOT ON THE AGENDA:
The public will be given the opportunity to speak about any issue not on the agenda when the Chair opens the meeting for public comment at the beginning of the agenda (before the hearing of applications). Public comments are limited to three (3) spoken minutes per person. If comments are similar to those already stated, please indicate your support or opposition. Groups are asked to select a spokesperson.
HEARING OF APPLICATIONS: Generally, each application shall be considered by the Board in accordance with the following order of presentation:
- Introduction: The applicant or the applicant’s attorney shall enter an appearance on the record.
- Swearing in of Applicant’s Witnesses & Professionals, Board Professionals: All of the applicant’s witnesses shall then be sworn, as well as any Board experts who have filed reports concerning the application and/or who have not filed reports but may provide input on the application during the hearing.
- Proposal Overview: The applicant or the applicant’s attorney shall then proceed to make opening remarks, provide an overview of the proposal and discuss what approvals are being sought by the applicant.
- Testimony of Witnesses, Professionals, Objectors:
- At the commencement of a witness’s testimony and/or at the introduction of other evidence, the Chair shall rule on qualifications and admissibility.
- At the conclusion of a witness’s testimony, the Chair will allow Board members, Board experts, objectors and interested parties to ask questions of such witness, and shall permit reasonable cross-examination by counsel representing an objector or interested party.
NOTE: An attorney representing a group of objectors or interested parties shall submit to the Board (and to the applicant or the applicant’s attorney) a written list of persons represented by such attorney. Any person represented by an attorney shall participate in the proceedings only through their attorney. If an individual is not represented by an attorney, they may ask questions on their own behalf.
- Presentation by Objector(s): At the conclusion of the presentation of the application, any objector(s) wishing to present a case in objection to the application may request to be recognized by the Chair. The objector(s) may call witnesses for relevant testimony and introduce any relevant documents or evidence, which will be subject to reasonable cross-examination by the applicant (or their attorney), and by the Board. The Chair will allow for a reasonable opportunity for interested parties to ask questions of such witnesses. The applicant may thereafter present rebuttal evidence.
- Public Comment by persons not represented by an attorney: At the conclusion of the presentation of the application, the Board will provide an opportunity for public comment by any person not represented by an attorney. When providing comment, the person is sworn in, and subject to cross-examination and questioning. Public comments may be limited to three (3) spoken minutes per person. The Board shall consider only relevant objections. The Board shall not consider unreasonable, repetitive or disorderly testimony or objections.
- Board Member Comments: Any member of the Board may provide comments on the application based upon personal or official knowledge, including facts ascertained from a viewing of the premises in question.
- Voting: The Chair will call for a motion and a second to vote on the application. A roll call vote will be carried out by the Board Secretary, with each member announcing their vote into the record.