Approved plats for minor subdivisions, preliminary
major subdivisions and final major subdivisions shall be signed by
the Board Chairman and Secretary. Approved site plans and conditional
uses shall be signed by the Board Chairman and Secretary.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A. Newspaper. 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. Two-hundred-foot radius. Notice shall be given to
the owners of all real property as shown on the current tax duplicate
or duplicates located in the state and within 200 feet in all directions
of the property which is the subject of such hearings, provided that
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 horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Such notice shall
be given by serving a copy thereof on the owner as shown on said 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 said current tax duplicate. A return receipt is not required.
Notice to a partnership 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.
C. Adjoining municipality. 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, which notice shall be in addition to the notice required to be given pursuant to §
29-37B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. County Planning Board. Notice shall be given by personal
service or certified 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.
E. Commissioner of Transportation. 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.
F. Application exceeding 150 acres or 500 dwelling units.
Notice shall be given by personal service or certified mail to the
appropriate state agency of a hearing on an application for 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 N.J.S.A. 40:55D-10b.
G. Ten-day notice; proof of service. All notices 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. Effect of mailing notice. Any notice made by certified
mail as hereinabove required shall be deemed to be complete upon mailing
in accordance with the provisions of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant
to the terms of this Part 1 shall state the date, time and place of
the hearing, the nature of the matters to be considered and 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 which any maps and documents for which approval is sought
are available as required by law.
Upon the written request of an applicant, the administrative officer of a municipality 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 pursuant to §
29-37 of this Part
1. 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. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list. The appropriate fee is to be set by the governing body.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare,
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this Part 1 or under any ordinance repealed by this Part 1, as the
case may be, shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application,
or if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments,
or the making of adequate provisions for the payment thereof in such
manner that the municipality will be adequately protected.
Whenever review or approval of an application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Planning Board or Board of Adjustment shall condition any
approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time. In the case of other variances, the County Planning
Board shall be notified of any application which fronts on an existing
or proposed county road, adjoins other county land or is within 200
feet of a municipal boundary.