[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Notice of application for preliminary subdivision approval shall
be given by the applicant. Notice shall be given at least 10 days
prior to the date of the hearing. Public notice of hearing shall not
be required for minor subdivisions or final subdivision approval unless
the applicant is requesting relief pursuant to N.J.S.A. 40:55D-60.
[Amended 3-17-1980 by Ord. No. 80-4]
A. Notice of a hearing requiring public notice pursuant to this article
shall be given to the owners of all real property as shown on the
current tax duplicate, located in the state and within 200 feet in
all directions of the property which is the subject of such hearing;
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it, or to the horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice shall be given by serving a copy thereof on the
property owner as shown on the said current tax duplicate or his agent
in charge of the property or by mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current
tax duplicate.
B. Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
[Amended 3-17-1980 by Ord. No. 80-4 ; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Upon the written request of an applicant, the administrative officer of the municipality shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to §
540-32 of this article. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. The fee for this list is set forth in Chapter
212, Fees.
[Amended 3-17-1980 by Ord. No. 80-4]
Notice of hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
Notice shall be given by personal service or certified mail
to the County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail
to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Notice shall be given by personal service or certified mail
to the State Planning Commission of a hearing on an application for
development of property which exceeds 150 acres or 500 dwelling units.
Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to Subsection 6b of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-10b).
[Added 3-17-1980 by Ord.
No. 80-4]
The applicant shall file an affidavit of proof of service with
the Planning Board holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this article.
[Added 3-17-1980 by Ord.
No. 80-4]
Notice pursuant to §§
540-34,
540-35,
540-36 and
540-37 of this article shall not be deemed to be required unless public notice pursuant to §
540-31 and notice pursuant to §
540-32 of this article are required.