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. 
Public notice shall be given by publication in the official newspaper of the Township 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 the Township in which applicant's land is located. Such notice shall be given by:
(1) 
Serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property; or
(2) 
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 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.
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, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
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 situate 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 Director of the Division of State and Regional Planning in the Department of Community Affairs 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 Township Clerk pursuant to N.J.S.A. 40:55D-10b.
G. 
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 a proof of service with the Secretary of the Board.
H. 
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 section 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 at which any maps and documents for which approval is sought are available as required by law.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 125-17B.
The Planning Board shall have the following powers and duties:
A. 
To make, adopt and, from time to time, amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance of the municipality in accordance with the provisions of said ordinance and N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law of 1975, Chapter 291.
C. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D. 
To consider and make recommendations to the Township Committee, within 35 days of submission, on any proposed development regulation or official map adoption or amendment referred to it pursuant to N.J.S.A. 40:55D-26a and upon other matters specifically referred to the Planning Board pursuant to N.J.S.A. 40:55D-26b.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To annually participate in the preparation and review of a program of municipal capital improvement projects projected over a term of six years and amendments thereto.
G. 
To review and approve conditional use applications in accordance with the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
The Planning Board shall also exercise the powers previously granted to the Carneys Point Township Zoning Board of Adjustment. To that end, the Planning Board shall have the authority to:
A. 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer or based on or made in the enforcement of the Zoning Ordinance.[1] An appeal to the Board pursuant to this subsection shall stay all proceedings in furtherance of the decision which was appealed unless the officer from whose action the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
[1]
Editor's Note: See Ch. 212, Zoning.
B. 
Hear and decide, in accordance with the provisions of any such ordinance, requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which the Board is authorized to pass by any Zoning or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et seq.
C. 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
D. 
Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the fully authorized membership of the Board. No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance. The Class I and Class III members of the Planning Board shall not participate in or vote upon any application for a use variance brought under this subsection pursuant to N.J.S.A. 40:55D-70d.
E. 
Direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway or flood control basin or public area reserved on the Official Map.
F. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure on a lot not abutting a street as required by N.J.S.A. 40:55D-35.
G. 
Where, in an application or appeal relating to a specific piece of property, the purpose of the Municipal Land Use Law[2] would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from zoning regulations; provided, however, that a use variance shall not be granted under this subsection.
[Added 3-26-1997 by Ord. No. 610]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.