[Amended 7-17-2003 by Ord. No. 03-25; 12-5-2005 by Ord. No. 05-55; 4-3-2006 by Ord. No. 06-16]
Notice of hearing shall be given by the Planning
Board as to the proposed adoption, amendment or revision of the Master
Plan or reexamination report. Notice of hearing shall also be given
by the applicant for applications for development, at least 10 days
prior to the date of the hearing. Notice shall be required for all
development pursuant to N.J.S.A. 40:55D-1 et seq. and for all site
plans, minor subdivisions, major subdivisions, all variances, special
permits and interpretations. Notice for hearings shall not be required
for final subdivision applications or for final approval of site plans.
The notice shall state the date, time and place
of the hearing, the nature of the matters to be considered and the
location and times at which any maps and documents proposed or for
which approval is sought are available in the office of the administrative
officer. In addition, in cases of applications for development, the
notice shall contain 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
Assessor's office. Also, notice of any application for development
shall include reference to all requests made in conjunction therewith,
whether for approval of a site plan, subdivision, conditional use,
variance or special permit.
Notice shall be given in all cases by publication.
Notice shall also be given by personal service
or certified mail to the Clerk of any adjoining municipality in cases
involving property located within 200 feet of such municipality.
Notice shall also be given by personal service
or certified mail to the County Planning Board in cases of proposed
adoption, amendment or revision of the Master Plan and in cases of
applications for development of property adjacent to an existing county
road or a proposed road shown on the Official County Map or County
Master Plan, or property adjoining other county land, or property
situated within 200 feet of a municipal boundary. Such notice shall
also include the Master Plan proposed for adoption or any proposed
amendment or revision thereof.
Notice shall also be given by personal service
or certified mail to the Commissioner of Transportation in cases of
applications for development of property adjacent to a state highway.
Notice shall also be given by personal service
or certified mail to the Director of the Division of State and Regional
Planning in the Department of Community Affairs in cases of applications
for development of property exceeding 150 acres or 500 dwelling units,
and such notice shall also include a copy of any maps or documents
required to be on file with the administrative officer.
[Amended 9-18-1978 by Ord. No. 78-22; 12-18-1978 by Ord. No. 78-42; 6-25-1981 by Ord. No. 81-19]
In case of applications for development, notice
shall also be given by the applicant to the owners of all real property,
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of the hearing
before the Planning Board or Board of Adjustment, by serving a copy
thereof on each owner or his agent in charge of the property or by
mailing a copy thereof by certified mail to each such owner at his
address as shown on said tax duplicate, 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 the horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. It is not required
that a return receipt be obtained. Notice is deemed complete upon
mailing (N.J.S.A. 40:55D-14). Notice to a partnership owner may be
given to any partner, and notice to a corporate owner may be given
to its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation,
and notice to a condominium association, horizontal property, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
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. The Municipal Assessor's
office shall, within seven days of written request by the applicant,
make and certify a list from the current tax duplicate of the names
and addresses of the property owners entitled to notice as aforesaid,
and a sum not to exceed $0.25 per name or $10, whichever is greater,
may be charged for such list. 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.
An affidavit of proof of the giving of notice
as required by this article for any application for development shall
be filed by the applicant with the municipal agency at or prior to
the hearing.
