§ 165-24. Notices of hearings.

Notices of hearings shall be given for all applications for development except minor subdivision approval and final subdivision approval pursuant to N.J.S.A. 40:55D-12. Whenever a hearing is required on an application for development pursuant to this section, the applicant shall give notice thereof as follows:

A. 

Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in 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, provided that this requirement 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 a horizontal property regime, in the case of a co-owner whose apartment has an apartment above or below it. Such notice shall be given by either 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 the said current tax duplicate. 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.

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 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 filed with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.

G. 

Notice shall be given by personal service or certified mail of a hearing on an application of a major subdivision or a site plan not defined as a minor site plan to a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1.

H. 

All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

I. 

Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

J. 

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; 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.

K. 

Notice regarding Master Plan. The Planning Board shall give:

(1) 

Public notice of a hearing on adoption, revision or amendment of the Master Plan; such notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.

(2) 

Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoption, revision or amendment of the Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(3) 

Notice by personal service or certified mail to the County Planning Board of:

(a) 

All hearings on the adoption, revision or amendment of the Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto; and

(b) 

The adoption, revision or amendment of the Master Plan, not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the Master Plan or revision or amendment thereto.

L. 

Notice of hearing on ordinance or capital improvement program. Notice of action on capital improvement or Official Map shall be made as follows:

(1) 

Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.

(2) 

Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of the municipal capital improvement program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Official Map or the municipal capital program, or any proposed revision or amendment thereto as the case may be.