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Allentown City Zoning Code

§ 28-4.11

Notice of Applications.

[Added 4-20-2021 by Ord. No. 03-2021]
Whenever a public hearing is required on an application for development or appeal pursuant to N.J.S.A. 40:55D-1 et seq., except for those applications and appeals stated in § 28-4.10 above, the applicants or appellants shall give notice thereof as follows:
a. 
Public notice shall be given by publication in an official newspaper of the Borough or in a newspaper of general circulation in the Borough at least 10 days prior to the public hearing. Proof of publication shall be presented to the Planning Board at the public hearing.
b. 
Notice of a public hearing shall be given 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 such hearing. Such notice shall be given by serving a copy thereof on the property owner as shown on the 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 current tax duplicate. 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. Notice to adjoining condominium or cooperative owners shall also include notice to the condominium association or corporate association.
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 paragraph b. above, 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 Monmouth 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. 
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 prior to or at the public hearing.
f. 
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.
g. 
Upon the prepayment of the fees provided for by ordinance to the Borough, the secretary of the Planning Board will arrange for the preparation and publishing of the notice by publication, and on any notices published by the Planning Board, a proof of publication or certification of publication shall be filed with the Planning Board by the secretary of the Planning Board. In preparing the notice of publication, the secretary of the Planning Board shall rely upon the facts as stated in the applicant's or appellant's filed application or notice of appeal and in reliance thereon, no errors or omission contained in the notice of publication shall stop the Planning Board from denying that sufficient legal notice has been given.
h. 
Whenever public notice of a hearing to consider an application for development is required by this chapter, and the initial hearing has been held pursuant to proper notice being given, continued public hearings shall not require new public notice if the date for the continued hearing is announced at the public hearing for which notice was already made unless specifically required by the Planning Board.
i. 
New public notice, by publication only, will be required in any of the following situations:
1. 
When the application for development was returned to the developer as an incomplete application and the developer is refiling his complete application and notice was previously given, or
2. 
Where the developer has requested or consented to an extension of time for approval by the Planning Board, and approval of the application is considered at a special meeting of the Planning Board which is not the next regularly scheduled meeting of the Planning Board, or
3. 
Where the plans as submitted or resubmitted by the applicant are so substantially different from the original plans filed by the applicant, that the Planning Board deems that new public notice is required in the best interest of the public, or
4. 
Where an application for development originally filed with one Planning Board is transferred to another Planning Board for preliminary or final approval purposes, and the original public notice named the transferrer Planning Board, or cases the Planning Board may require public notice by personal service or certified mail in addition to notice by publication.
5. 
In such other cases where the Planning Board deems it to be in the best public interest that a public notice, in whole or in part, is required to preserve the public health, safety or general welfare. In such cases the Municipal Agency may require public notice by personal service or certified mail in addition to notice by publication.