Rockaway Township City Zoning Code
§ 54-14.6.1 Notice of hearings for modifications of zoning requirements initiated at the request of a private party, except changes to classification or boundaries of a zoning district pursuant to N.J.S.A. 40
55D-62.1.
[Ord. No. 04-21 § 4]
The following provisions shall only apply to public notice of hearings for modification of zoning requirements initiated at the request of a private party, except changes to the classification or boundaries of a zoning district pursuant to N.J.S.A. 40:55D-62.1:
A.
Content. Public notice of hearings 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 party who requested the modification of the zoning requirement. 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 general circulation in the Township. Notice shall also be given by the party who requested the modification of the zoning requirement to members of the public as follows:
(1)
Notice of the 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. 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, horizontal property regime, community trust or homeowner's 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, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
C.
Request for certified list of property owners within 200 feet. Upon written request of a private party who is initiating modifications of zoning requirements, 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 party is required to give notice. The party 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 any hearing.
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 party shall file an affidavit of proof of service with the Township Council at least two days prior to the date of the hearing for which notice is required.