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Township of Lebanon, NJ
Hunterdon County
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Table of Contents
Table of Contents
Hearings shall be required as part of all applications for development.
A complete set of maps, documents and exhibits shall be on file at least 10 days prior to the date of the hearing in the office of the Planning Board.
[Amended by Ord. No. 4-1992]
A. 
When required. A public notice shall be required for preliminary approval of all major subdivision applications and approval of all minor subdivision applications requiring a zoning variance to be granted by the Planning Board. Such notice shall be given at least 10 days prior to the date of the hearing.
B. 
Contents of notice. 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 subdivision by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available.
C. 
To whom notice is required; how served. The applicant shall be required to give public notice as follows:
(1) 
By publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
(2) 
The owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the entire property which is the subject of such hearing. Such notice shall be given to public utilities and cable television companies in accordance with Subsection h of N.J.S.A. 40:55D-12 and its amendments.
(3) 
Notice shall be given by:
(a) 
Serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
(c) 
Service to public utilities and cable television shall be given by personal service or certified mail to the corporate secretary of all public utilities and the manager of all cable television companies, as required by the provisions of N.J.S.A. 40:55D-12, and its amendments.
(4) 
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.
(5) 
Upon the written request of an applicant and payment of the fee for a certified property owner list set forth in Chapter 205, Article II, Fee Schedule, to the Township, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Within 200 feet of an adjoining township. Notice of all hearings on applications for subdivision approval involving property located within 200 feet of an adjoining township shall be given by personal service or certified mail to the clerk of such township.
B. 
On an existing or proposed county road. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for subdivision approval of 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.
C. 
On a state highway. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for subdivision approval of property adjacent to a state highway.
D. 
On large tracts. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for subdivision approval of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Planning Board pursuant to § 330-16.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
In the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, notice shall be given by:[2]
(1) 
Serving a copy of the notice on the military facility commander whose name appears on the registration form; or
(2) 
Mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The applicant shall file an affidavit of proof of service with the Planning Board on the application for subdivision. Any notice made by certified mail shall be deemed complete upon mailing.
Each decision on any application for development shall be in writing and shall include findings of facts and conclusions based thereon.
A. 
A copy of the decision shall be mailed by the Planning Board within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the Planning Board in the office of the Planning Board. The Planning Board shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at the Planning Board office during reasonable hours.
B. 
A brief notice of the decision shall be published in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. Such publication shall be arranged by the applicant within 10 days from the date of the decision or the Township shall arrange for publication at the applicant's expense. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.