Borough of Manville, NJ Article 10 PUBLIC HEARINGS AND NOTICE

[Ord. No.642; readopted by Ord. No. 2020-1235]

§ 30-1001 PUBLIC HEARINGS AND NOTICES.

§ 30-1001.1 Where Public Hearing Required.

Public hearing, on notice as hereinafter set forth, shall be required in the following development applications:

a. All applications which would be under the jurisdiction of the Board of Adjustment, of whatever nature.

b. The following matters to be heard by the Planning Board:

1. All applications for preliminary approval of major subdivisions.

2. All matter before the Planning Board which, if heard by the Board of Adjustment, would require a public hearing.

3. All site plan review involving preliminary or final major site plan approvals, or property located in whole or in part in any critical area.

c. All applications requiring public notice under the Municipal Land Use Law.

§ 30-1001.2 Notice of Public Hearing.

Whenever a public hearing is required on an application for development pursuant to the Municipal Land Use Law, or pursuant to this Ordinance, or pursuant to Chapter 31, Zoning Ordinance of the Borough, the applicant shall give notice thereof as required by the Municipal Land Use Law, as follows:

a. Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.

b. Notice shall be given to the owners of all real property as shown on the current tax duplicate, located 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 (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) personally 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 (2) mailing a copy thereof by certified mail return receipt requested to the property owner at his address as shown on the said current tax duplicate. 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 homeowner's 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.

c. 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.

d. 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 map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.

e. Notice pursuant to subsections c and d of this section, above, shall not be deemed to be required unless public notice pursuant to Subsection 30-1001.1 and subsection 30-1001.2b are required.

f. All notices hereinabove specified in this section shall be given by the applicant at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

g. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

h. Form of Notice. All notices required to be given pursuant to the terms of this Ordinance shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax office, and the location and times at which any maps and documents for which approval is sought area available as required by law.

§ 30-1002 LIST OF PROPERTY OWNERS FURNISHED.

Pursuant to the provisions of N.J.S.A. 40:55D-12C, as amended, the Administrative Officer of the municipality, upon the written request of an applicant, shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 30-1001.2b. 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. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.

Note: The list supplied by the Administrative Officer will contain only those properties located within the Borough of Manville and within 200 feet in all directions of the property which is the subject to such hearing. If the 200 feet distance in all directions of the property which is the subject of such hearing shall extend into another municipality or municipalities, the applicant shall have the responsibility of obtaining the names and addresses from the current tax duplicates of such other municipality or municipalities.

§ 30-1003 MATTERS NOT REQUIRING PUBLIC HEARING ON NOTICE.

All matters not requiring public hearing on notice, as above set forth, shall be considered at open public meetings, all actions taken shall be taken at regular, adjourned or special meetings of the approving authority.