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.
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.
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.
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.