Public notice of a hearing shall be required for the following types of applications for development:
A. 
Minor subdivisions.
B. 
Preliminary approval of major subdivisions and major site plans.
C. 
Final approval of major subdivisions and major site plans.
D. 
Conditional use approvals.
E. 
Variances from any requirement of Part III of this chapter.
F. 
Requests for issuance of a permit, pursuant to N.J.S.A. 40:55D-34 or 40:55D-35.
The Zoning Officer shall notify the applicant at least 13 days prior to the meeting at which the public hearing on the application for development shall be conducted so that proper notice can be given by the applicant, pursuant to § 110-29 below.
Whenever public notice is required for a hearing on an application for development, the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in an official newspaper of the Borough at least 10 days prior to the date of the hearing. The applicant shall file an affidavit of publication with the Secretary of the Board at least three days prior to the public hearing.
B. 
Notice shall be given to the owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the property which is the subject of such hearing, whether such property is located within the Borough or in the Township of Edison; provided, however, 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 unit has a unit above or below it. Such notice shall be served by either of the following methods:
(1) 
Serving a copy in person on the property owner as shown on the current tax duplicate or the owner's agent in charge of the property and obtaining the signature of such person on a document certifying receipt of such notice.
(2) 
Mailing a copy by certified mail to the property owner at the address shown on the current tax duplicate.
C. 
Notice to a partnership owner may be made by service upon any partner. Notice to a corporation owner may be made by service upon its President, 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 the unit owners, co-owners or homeowners on account of such common elements or areas.
D. 
Notice of all hearings on applications for development involving property located within 200 feet of a municipal boundary with the Township of Edison shall be given by personal service or certified mail to the Township Clerk of the Township of Edison, which shall be in addition to the notice required to be given pursuant to Subsection B above, to the owners of lands in the Township of Edison which are located with 200 feet of the property which is the subject of such hearing.
E. 
Notice shall be given by personal service or certified mail to the Middlesex County Planning Board of a hearing for an application for development of property located adjacent to an existing county road or proposed road shown on the County Official Map or on the County Master Plan, adjoining other county land or situated within 200 feet of the municipal boundary with the Township of Edison.
F. 
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 located adjacent to Routes 27 or 287.
G. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of a 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 Borough Clerk.
H. 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to N.J.S.A. 40:55D-12(a) shall be given in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality, and which has registered with the municipality in accordance with Section 5 of P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
[Added 9-15-1997 by Ord. No. 97-20]
I. 
Notice pursuant to Subsections C through H above shall not be required unless public notice pursuant to Subsections A and B above is required.
J. 
All notices pursuant to Subsections C through H above shall be given at least 10 days prior to the date of the hearing at which the application for development is scheduled. Any notice made by certified mail as hereinabove provided shall be deemed to be complete upon mailing. The applicant shall file an affidavit of proof of service with the Secretary of the Board at least three days prior to the date of the hearing.
All notices required to be given pursuant to § 110-29 above shall state the following:
A. 
The date, time and place of the hearing.
B. 
A description of the type and nature of the application for development and/or matters to be heard.
C. 
Identification of the property proposed for development by street address, if any, and by reference to block and lot numbers as shown on the current tax duplicate.
D. 
The location and times at which any plans and documents for which approval is sought are available for review by the public as required by law.
E. 
Where a variance is requested, the notice shall specifically stipulate the requirement and/or regulation of this chapter from which relief is sought and the extent of relief requested.
[Amended 10-2-1995 by Ord. No. 95-21]
A. 
The Tax Assessor of the Borough shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners of all property located within the Borough to whom the applicant is required to give notice, pursuant to this article. However, the applicant shall be responsible for ensuring that the list he or she receives is kept recent and up-to-date in the event that there have been any changes in the list between the date the applicant receives the list and the date when he or she uses the list for the purposes of public notice, pursuant to this article.
B. 
In addition, the Tax Assessor shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to § 110-29I.
[Added 9-15-1997 by Ord. No. 97-20]