Lake Como City Zoning Code
§ 17-12.6
Public Hearing and Notices.
[Ord. No. 90-535]
The approving authority shall hold a public hearing on each application for development except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans or variances before the Board shall follow the requirements of the Municipal Land Use Law as summarized below (N.J.S.A. , , and ):
a.
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the Secretary.
b.
All notices shall state the date, time and place of the hearing, 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 lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.
c.
All hearing notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date.
1.
Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough.
2.
Notice shall be given to all owners of real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of the hearing. This notice shall be given by serving a copy thereof on the property owner or his agent in charge, 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. ).
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, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
4.
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 given by personal service or certified mail.
5.
To the County Planning Board when the application for development involves property adjacent to an existing County road or proposed road shown on the Official County Map or County Master Plan or adjoins other County land or situated within 200 feet of a municipal boundary.
6.
To the Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
7.
To the Director of the Division of State and Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 150 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 pursuant to N.J.S.A. 40:55D-10b.
8.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing.
d.
All taxes and municipal assessments due must be paid prior to any application being heard by the Planning Board.
e.
Upon the written request of an applicant or his agent and the payment of a fee of $0.25 per name or $10, whichever is more, either the Borough Clerk or the Tax Assessor shall make and certify a list from the current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate the hearing or proceeding. (Note: For the names and addresses of property owners in adjacent municipalities, when required, contact the respective Clerks.)
f.
Contents of Notice. 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 the 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 or documents for which approval is sought are available for inspection.