No member of the Planning Board shall act on
any matter in which he has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
Notice will be required for all development
applications except minor subdivisions. Applicants shall give notice
as follows:
A. Public notice shall be given by publication in the
official newspaper of the municipality 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 or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without West Amwell Township.
Such notice shall be given by serving a copy thereof on the owner,
as shown on the said current tax duplicate, 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 on said current tax duplicate.
A return receipt is not required.
(1) 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.
(2) In the case of a condominium unit owner where there
is a unit above it or below it; or a co-owner whose apartment has
an apartment above it or below it as part of a horizontal property
regime, notice under this section will be deemed satisfied by notice
to the condominium association or horizontal property regime.
(3) In regard to common elements owned by a condominium
association, horizontal property regime, community trust or homeowners'
association, which are located within 200 feet of the subject property,
notice 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 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, in addition to any notice requirements pursuant to Subsection
B of this section.
D. Notice shall be given by personal service or certified
mail to the Hunterdon County Planning Board of a hearing on an application
for development of 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.
E. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for the development 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 Municipal Clerk pursuant to Subsection
J of this section.
G. All notice hereinabove specified in this section shall
be given 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.
H. Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing.
I. Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered, an 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 Assessor's office, and the location
and times at which any maps and documents for which approval is sought
are available in the office of the Municipal Clerk.
J. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing, during normal business
hours in the office of the Municipal Clerk.
K. Upon written request of the applicant, the Tax Assessor of the Township of West Amwell shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name, whichever is greater, make and certify a list from the current tax duplicate of the names and addresses of property owners to whom the applicant is required to give notice pursuant to Subsection
B. The fees so collected by such official shall be paid by said official to the municipality. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any property owner not on the list shall not invalidate any hearing or proceeding.
[Amended by Ord. No. 98-08]
Pursuant to authority of Subsection a of N.J.S.A.
40:55D-37, approval of subdivision plats by resolution of the Planning
Board is hereby required as a condition for the filing of such plats
with the county recording officer and approval of site plans by resolution
of the Planning Board is hereby required as a condition for the issuance
of a permit for any development, except that subdivision or individual
lot applications for detached one- or two-dwelling-unit buildings
shall be exempt from such site plan review and approval; provided
that the resolution of the Board of Adjustment shall substitute for
that of the Planning Board whenever the Board of Adjustment has jurisdiction
over a subdivision or site plan pursuant to Subsection b of N.J.S.A.
40:55D-76. Where the Board of Adjustment has such jurisdiction, references
in this chapter to the Planning Board refer as well to the Board of
Adjustment.