Rockaway Township City Zoning Code
§ 54-14.4
Notice of hearings for development applications.
[Ord. No. 95-24 § 54-12]
The following provisions shall apply to public notice of hearings for development applications:
A.
Content. Public notice of hearings for development applications, including variance applications, shall state the following:
(1)
The date, time and place of the hearing;
(2)
The nature of the matters to be considered;
(3)
An 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 Township Tax Assessor's office; and
(4)
The location and times at which any maps and documents for which approval is sought are available for inspection in the office of the Administrative Officer.
B.
Service of notice; parties entitled to notice. Public notice shall be given by the applicant. Notice shall be given at least 10 days prior to the date of the hearing. The date of the hearing shall not count as one of the 10 days. Public notice shall be given by publication in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. Notice shall also be given to members of the public as follows:
(1)
Notice of hearing shall be given to the owners, as shown on the current tax duplicates, of all real property located within the State and within 200 feet in all directions of the property which is the subject of such hearing. 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 or 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 as follows:
(a)
Notice shall be given by 1) serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property, or 2) mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
(b)
Notice to a partnership owner may be made by service upon any partner.
(c)
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.
(d)
Notice to a condominium 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.
(2)
Notice of 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.
(3)
Notice shall be given by personal service or certified mail to the County Planning Board of hearings on applications for development involving 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.
(4)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development involving property adjacent to a State highway.
(5)
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to the checklists contained in Section 54-28.
(6)
Notice of hearings on an application for development involving a major subdivision or preliminary site plan, excluding minor site plans, shall be given to a public utility, cable television company or local utility which possesses a right-of-way or easement within the Township and which has registered with the Township in accordance with the Municipal Land Use Law, by: 1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or 2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
C.
Request for certified list of property owners within 200 feet. Upon written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from the current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice as a public utility, cable television company or local utility. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding.
D.
Effect of mailing notice. Any notice made by certified mail as stipulated above shall be deemed complete upon mailing.
E.
Proof of service of notice. The applicant for development shall file an affidavit of proof of service with the Planning Board or the Zoning Board of Adjustment, as appropriate, at least two days prior to the date of the hearing for which notice is required.