Notice of hearing shall be given to all persons and officials
entitled thereto by the requirements of N.J.S.A. 40:55D-12 in all
matters including [where required by ordinance] those brought pursuant
to N.J.S.A. 40:55D-70a and N.J.S.A. 40:55D-70b.
A. Notice; form. The notice required to be served and published in compliance
with the Open Public Meetings Act and shall be in substantially the form set forth as Form
No. II in the Appendix to these rules.
B. List of owners supplied by Clerk. Where the Clerk of the municipality
(or other authorized official) has furnished the applicant with a
list of the property owners entitled to notice pursuant to the provisions
of N.J.S.A. 40:55D-12(c), a copy of the official certification and
list shall be annexed to applicant's proof of service.
C. Proof of service. The service and publication of notices as hereinabove
provided is a jurisdictional requirement, and proof of the service
and publication of all required notices in accordance with these rules
shall be made by affidavit of the person or persons who actually served
or mailed said notices as required by law, and by the authorized official
of the newspaper which published same.
Whenever an application for approval of a subdivision plat,
site plan or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-70(c) or (d), the Board shall grant or deny approval
of the application within 120 days after submission by an applicant
of a complete application to the Board or within such further time
as may be consented to by the applicant. In the event that the applicant
elects to submit separate consecutive applications, the aforesaid
provision shall apply to the application for approval of the variance(s)
or direction for issuance of a permit. The period for granting or
denying any subsequent approval shall be as otherwise provided in
this chapter. Failure of the Board to act within the period prescribed
shall constitute approval of the application and a certificate of
the Board Secretary as to the failure of the Board to act shall be
issued on request of the applicant. It shall be sufficient in lieu
of the written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.