[Ord. No. 2015-20 § 10B-46]
(a)
Notice of hearings shall be given by the Planning Board as to the
proposed adoption, amendment or revision of the master plan.
(b)
Notices of hearings shall be given by the applicant for:
(1)
All applications for development, including all categories of
site plan review, but not including final approvals of major subdivisions
unless as part of the application relief is sought from the Planning
Board or Zoning Board of Adjustment for a variance pursuant to Section
10B-13(c) (N.J.S.A. 40:55D-70c) or for a special permit pursuant to
N.J.S.A. 40:55D-34 to 36;
(2)
Extensions of approvals for five or more years pursuant to N.J.S.A.
40:55D-49d and N.J.S.A. 40:55D-52b;
(3)
Modification or elimination of a condition or conditions in
a memorializing resolution in any situation where the application
being memorialized required public notice;
(4)
Appeals or determinations by the Zoning Officer pursuant to
N.J.S.A. 40:55D-70a as to a specific property or properties; and
(5)
For request for interpretation pursuant to N.J.S.A. 40:55D-70b
as to a specific property or properties;
(c)
Public notice shall be given by a public entity seeking to erect
an outdoor advertising sign on land owed or controlled by a public
entity as required pursuant to N.J.S.A. 40:55D-31 or by a private
entity seeking to erect an outdoor advertising sign on public land
or land owned by a public entity.
(d)
Notices shall be given at least 10 days prior to the date of the
hearing, except as otherwise provided in this chapter as to applications
for approval of minor subdivisions.
[Ord. No. 2015-20 § 10B-47]
The notice shall state the date, time and place of the hearing,
the nature of the matter or matters to be considered and the location
and times at which any maps and documents proposed or for which approval
is sought are available in the office of the administrative officer.
In addition, in the case of an application for development, the notice
shall contain an identification of the property proposed for development
by both street address, if any, and by reference to lot and block
numbers as shown on the current tax duplicate in the municipal assessor's
office. Notice of any application for development shall also include
reference to all requests made in conjunction therewith, whether for
approval of a site plan, subdivision, conditional use, variance, or
special permit pursuant to N.J.S.A. 40:55D-34 or -36.
[Ord. No. 2015-20 § 10B-48]
Notice shall be given in all cases by publication in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality.
[Ord. No. 2015-20 § 10B-49]
Notice shall be given by personal service or certified mail
to the clerk of any adjoining municipality in cases involving property
located within 200 feet of such municipality.
[Ord. No. 2015-20 § 10B-50]
Notice shall be given by personal service or certified mail
to the county planning board in cases of proposed adoption, amendment
or revision of the master plan and in cases of applications for development
of property adjacent to an existing county road or a proposed road
shown on the official county map or county master plan or property
adjoining other county land or property situated within 200 feet of
a municipal boundary. Such notice shall also include any master plan
proposed for adoption or any proposed amendment or revision thereof.
[Ord. No. 2015-20 § 10B-51]
Notice shall be given by personal service or certified mail
to the Commissioner of the New Jersey Department of Transportation
in cases of applications for development of property adjacent to a
state highway.
[Ord. No. 2015-20 § 10B-52]
Notice shall be given by personal service or certified mail
to the state planning commission in cases of applications for development
of property exceeding 150 acres or 500 dwelling units, and such notice
shall include a copy of any maps or documents required to be on file
with the administrative officer.
[Ord. No. 2015-20 § 10B-53]
In all cases in which notice is required, notice shall be given
to the owners of all real property, as shown on the current tax duplicate,
located in the state and within 200 feet in all directions of the
property that is the subject of the hearing and to public utilities
registering with the administrative officer by serving a copy thereof
on such owners or their agents in charge of the property or mailing
a copy thereof by certified mail to such owners at their address as
shown on such tax duplicate. 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 by notice to the horizontal
property regime in the case of any co-owner whose apartment has an
apartment above or below it. Notice may be given to a partnership
owner to any partner; a corporate owner to its president, a vice-president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation and to a registered public utility
to the person whose name appears on the registration form. Notice
to a condominium association, horizontal property regime, community
trust or homeowners association required because of its ownership
of common elements or areas located within 200 feet of the property
that is the subject of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners or homeowners
on account of such common elements or areas. The administrative officer
shall, within seven days after written request by the applicant, make
and certify a list from the current tax duplicate of the names and
addresses of the property owners and public utilities entitled to
notice as aforesaid, and a sum as provided for in Section 10B-32(a)
shall be charged for such list. 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.
[Ord. No. 2015-20 § 10B-54]
An affidavit of proof of the giving of notice as required by
this division for any application for development shall be filed by
the applicant with the municipal agency at or prior to the hearing.
[Ord. No. 2015-20 § 10B-55]
Notice pursuant to Sections 10B-48 to 10B-51 shall not be required
unless notice by publication pursuant to Section 10B-45 and notice
pursuant to Section 10B-52 are required.
