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East Newark City Zoning Code

§ 33-9.2

Notice Requirements.

[Ord. 11/9/94; § 16-9.1; Ord. No. 17-07 § 1]
The Secretary of the Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
a. 
By publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough. A copy of the notice, as printed in the newspaper, shall be submitted to the Administrative Officer.
b. 
To all owners of real property as shown on the current tax duplicate located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above and below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. 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. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
c. 
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 a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the 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.
d. 
To the Municipal Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of the adjoining municipality or municipalities; such notice shall be given by personal service or certified mail.
e. 
To the Hudson County Planning Board when the application for development involves property adjacent to an existing County road or proposed road shown on the Hudson County Official Map or the Hudson County Master Plan or adjoins County land.
f. 
The Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
g. 
To the Director of the Division of State Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 1,250 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Borough Clerk.
h. 
The applicant shall file an affidavit or proof of service with the Planning Board or Board of Adjustment, as the case may be.
i. 
The notice shall state the date, time, and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by street address, if any, or by reference to the block and lot numbers as shown on the current tax duplicate in the Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
j. 
Public utilities, cable companies and local utilities who possess a right-of-way in the municipality and have registered with the Borough in accordance with N.J.S.A. 40:55D-12.1.