Bogota City Zoning Code
§ 21A-5.5
Notice Requirements for Hearing.
[Ord. #1007, A5; Ord. #1041, S2]
Whenever a hearing is required on an application for development pursuant to the Municipal Land Use Law, or pursuant to the determination of the board in question, the applicant shall give notice thereof as follows at least ten (10) days prior to the date of the hearing:
a.
Public notice shall be given by publication n the official newspaper of the borough.
b.
Notice shall be given by the applicant to the owners of all real property as shown on the current tax duplicate to be located within two hundred (200') feet in all directions of the property which is the subject of such hearing, whether located within or without the borough. Such notice shall be given by:
1.
Serving a copy thereof on the owners as shown on the current tax duplicate or his agent in charge of the property.
2.
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.
3.
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, a 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 two hundred (200') feet of an adjoining municipality shall be given by personal service or certified mail by the applicant to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 21A-5.5b to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.
d.
Notice shall be given by personal service or certified mail by the applicant to the County Planning Board of a hearing on an application for development of property that is adjacent to an existing County road or proposed road shown on the Official County Map or on the Master Plan that affects a county drainage facility that adjoins other county land, or that is situated within two hundred (200') feet of a municipality boundary.
e.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail by the applicant to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the borough clerk pursuant to N.J.S.A. 40:55D-10(B).
g.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law requiring public notice pursuant to N.J.S.A. 40:55D-12(a), shall be given to any public utility, cable television, or local utility that possesses a right-of-way or easement within the borough that has registered with the borough clerk in accordance with Section 5 of P.L. 1991 c. 412 (N.J.S.A. 40:55D-12.1), by serving a copy of the notice on or mailing a copy thereof by certified mail to the person whose name appears on any registration form filed with the borough by any public utilities, local utilities, or cable television companies as required by N.J.S.A. 40:55D-12.1(a) (Chapter 412 of the Laws of 1991).
h.
All notices specified in this subsection shall be given by the applicant at least ten (10) days prior to the date fixed for hearing. The applicant shall file, at least five (5) days before the hearing, an affidavit of proof of service with the board holding the hearing on the application for development.
i.
Any notice made by certified mail shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
j.
All notices required to be given pursuant to the terms of this subsection 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 Borough 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.