Public notice of a hearing shall be required for the following
types of applications for development:
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]