Public notice in accordance with the provisions of N.J.S.A. 40:55D-12 of the Municipal Land Use Law shall be given by all applicants at least 10 days prior to the date of the public hearing, for all applications for development, except the following:
A. 
Minor subdivisions where no variances are required.
B. 
Final approvals of site plans where no variances or conditional use permits are involved.
C. 
Final approval of major subdivisions where there have been no substantial changes to the tentatively approved plans, as determined by the town's Planner and Engineer.
A. 
For all public hearings where public notice is required, notice shall be given by publication in the official newspaper of the town at least 10 days prior to the public hearing date. Said ten-day period may include the date of the hearing but not the date of notice. At the written request of the applicant, and upon payment by the applicant of the fees provided for in this chapter, the Town Clerk shall prepare the notice for publication and see to its publication.
B. 
Notice of a hearing requiring public notice pursuant to Subsection A shall be given to the owners of all real property as shown in the town's current tax records, that is located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that these requirements 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 horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown in the town's current tax records, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown in the town's current tax records. 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, 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 those common elements or areas.
C. 
Upon receipt of a written request accompanied by the required fees as noted in Chapter 414, Zoning, the Town Clerk shall provide to an applicant a certified list, prepared from the town's current tax records of the names and addresses of all owners of real property located within 200 feet of the subject property.
D. 
Notice of all 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.
E. 
Notice shall be given by personal service mail to the County Planning Board of a hearing on an application for development 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.
F. 
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the New Jersey Department of Community Affairs of a hearing on an application for development of property in the Controlled Waterfront Development District or elsewhere 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 Town Clerk pursuant to N.J.S.A. 40:55D-10b of the Municipal Land Use Law.
The contents of all notices shall contain at a minimum the following:
A. 
The date, time and place of the public hearing, and the name of the town's agency hearing the application or appeal.
B. 
Name and address of the applicant or appellant.
C. 
A statement or statements specifying the nature of all classes of matters to be considered by the town's agency in considering the application or appeal.
D. 
A lot and block and common street address and geographical location description of the property proposed for the development.
E. 
The location and times at which any applications, maps or other documents may be inspected by the public in the office of the secretary of the approving board.
A. 
In all cases where public notice is required, the applicant or appellant shall file a sworn affidavit of proof of service with the town's agency holding the public hearing, three business days prior to the date of the public hearing, and a proof of publication. The affidavit of proof of service shall specifically state the following:
(1) 
Names, addresses and lot and block numbers of all parties who were to receive notice.
(2) 
Date and type of service effectuated on each party entitled to notice. If service is made by certified mail, original receipts and return receipts must be submitted with the affidavit.
(3) 
A copy of the notice utilized must be attached to the affidavit and deferred to therein.
(4) 
Such other information as may be required to satisfy the notice requirements of N.J.S.A. 40:55D-12 of the Municipal Land Use Law.
B. 
In those instances where the Town Clerk has arranged for the notice of publication, three business days prior to the public hearing, the applicant shall file a proof of publication or certification of publication with the town's agency holding the public hearing. In preparing the notice of publication, the Town Clerk shall rely upon the facts as stated in the applicant's or appellant's filed application or notice of appeal, and no errors contained in the notice of publication shall bar the town's agency from denying that sufficient legal notice has been given.
A. 
Whenever public notice of a hearing to consider an application for development is required by this chapter, and the initial hearing has been held pursuant to proper notice being given, continued public hearings shall not require public notices if the date for the continued hearing is announced at the public hearing for which notice was made.
B. 
New public notice, however, will be required in any of the following situations:
(1) 
Where the application for development was returned to the developer as an incomplete application and the developer is resubmitting his complete application.
(2) 
Where the developer has requested or consented to an extension of time for approval by the approving board, and appeal of the application is to be considered at a meeting of the approving board which is not the next regularly scheduled meeting of the approving board.
(3) 
Where the plans as submitted or resubmitted by the applicant are so substantially different from the original plans filed, that the approving board deems that new public notice is required in the best interest of the public.
(4) 
Where an application for development originally filed with one approving board is transferred to another approving board for preliminary or final appeal purposes, and the original public notice named the transfer or approving board.
(5) 
In such other cases where the approving board deems it to be in the public interest that additional public notice, in whole or in part, is required to preserve the public health, safety or general welfare.