The approving authority shall hold a public hearing on each
application for development, except that the approving authority may
waive the required notices and hearing for minor and exempt subdivisions
and site plans unless a variance or conditional use is part of the
application. All public hearings conducted on subdivisions, site plans
or variances before either the Board of Adjustment or Planning Board
shall follow the requirements of the Municipal Land Use Law as summarized
below (N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12):
A. Any maps and documents submitted for approval shall be on file and
available for public inspection at least 10 days before the hearing
date during normal business hours in the office of the Administrative
Officer. The applicant may produce other documents, records, amended
maps, or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
B. All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered and an identification of
the property proposed for development by street address, if any, or
by reference to lot and block numbers, and the location and time(s)
at which any maps and documents are available for public inspection.
C. All hearing notices shall be the responsibility of the applicant
and shall be given at least 10 days prior to the hearing date in accordance
with the following:
(1) Public notice shall be given by publication in the official newspaper
of the Village, if there be one, or in a newspaper of general circulation
in the municipality.
(2) 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 which is the subject of such
hearing, provided that this requirement shall be deemed satisfied
by notice to a condominium association in the case of any unit owner
whose unit has a unit above or below it, or to a horizontal property
regime in the case of any co-owner whose apartment has an apartment
above or below it. This notice shall be given by either serving a
copy thereof on the property owner as shown on the current tax duplicate,
or his agent in charge of the property, or mailing a copy thereof
by certified mail to the property owner at his address as shown on
the current tax duplicate.
(3) 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 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 unit owners, co-owners or homeowners
on account of such common elements or areas.
(4) Where a public hearing is required by this section, a 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.
(5) Where a public hearing is required by this section, a notice shall
be given by personal service or certified mail to:
(a)
The County Planning Board, where the hearing concerns a property
adjacent to an existing county road or proposed road shown on the
official county map or on the county master plan, adjoining other
county land or situated within 200 feet of a municipal boundary.
(b)
The Commissioner of Transportation, where the hearing concerns
a property adjacent to a state highway.
(c)
The Director of the Division of State and Regional Planning,
where the hearing concerns a property which exceeds 150 acres or exceeds
500 dwelling units, and the notice to the Director shall include a
copy of any maps or documents required to be on file with the Administrative
Officer.
D. The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing. Any notice made by certified
mail shall be deemed complete upon mailing.
E. Public notice of a hearing. Public notice of a hearing shall be given
for the following applications for development:
(1) Any request for a variance.
(2) Any request for conditional use approval.
(3) Any request for the issuance of a permit to build within the bed
of a mapped street or public drainageway or on a lot not abutting
a street.
(4) Any request for minor subdivision approval involving one or more
of the aforesaid elements.
(5) Any request for preliminary subdivision or site plan.
(6) Any request for an appeal to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter
96, Zoning.
(7) Any request for an interpretation pursuant to N.J.S.A. 40:55D-70b
of the Zoning Map or for decisions upon other special questions upon
which the Zoning Board of Adjustment is authorized to pass by any
zoning or official map ordinance.
(8) Any request to the Zoning Board of Adjustment pursuant to N.J.S.A.
40:55D-68 for the certification that a use or structure existed before
the adoption of the Land Development Ordinance which rendered the
use or structure nonconforming.
F. In addition to the foregoing notice requirements as set forth above,
the applicant shall place a sign as hereinafter described on the property
subject to the application, thereby giving additional notice of the
application.
(1) The sign to be placed on the property shall be fabricated by the
Village and shall read as follows: "This property is subject to a
development application before the [Planning Board or Board of Adjustment,
as appropriate]. Please contact the Board Secretary at [insert appropriate
phone number] for further information regarding this proposed project."
Failure to prepare such sign shall not affect the public hearing or
time of decision requirements.
(2) The applicant shall be responsible for placement of the sign and
certification to the Board of the fact that the sign was placed on
the subject property.
(3) The sign shall be placed on the subject property no more than two
weeks nor less than 10 days prior to the hearing and shall remain
on the property until the completion of the hearing and final vote
upon the application.
(4) The sign shall measure 24 inches by 36 inches with a white background
and black lettering.
(5) Neither the Planning Board nor the Board of Adjustment shall entertain
a hearing unless the applicant has certified that the sign was placed
on the subject property and remained on the subject property in accordance
with this section.
(6) Nothing herein contained shall affect or dispense with any other
notice requirements mandated by the Municipal Land Use Law, but shall
be merely supplementary thereto.
(7) The sign shall be placed by the applicant in a prominent position
as close to the sidewalk or street on which the property has frontage
so as to be readable from the sidewalk or street.