Upper Township City Zoning Code
§ 20-9.1
Public Notice of a Hearing.
[Added 11-10-2025 by Ord. No. 008-2025]
a.
Application of Requirements. Public notice of a hearing on any application for development shall be given in accordance with the strict requirements of N.J.S.A. 40:55D-12.
b.
Responsibilities of the Applicant.
1.
The Secretary of the Planning 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 pursuant to paragraph a, above, shall be given as follows at least 10 days prior to the date of the hearing:
(a)
By publication in the official newspaper of the Planning Board, if there be one, or in a newspaper of general circulation in the Township of Upper.
(b)
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, which 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). The current tax duplicate is considered to be a list of property owners within 200 feet in all directions of the subject property which is no more than six months old at the date of the mailing of the certified notices.
(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.
(d)
To the clerk of any adjoining municipality or municipalities and to the Cape May County Planning Board when the property involved is located within 200 feet of the adjoining municipality or municipalities, which notice shall be given by personal service or certified mail.
(e)
To the Cape May County Planning Board when the application for development involves property adjacent to an existing County Road or proposed road shown on the official Cape May County map or a Cape May County Master Plan or adjoins other County land.
(f)
To 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 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 Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
(h)
Within the Pinelands Area, to the Pinelands Commission when the application is subject to subsection 20-11.5, such notice shall contain at least the following information:
(1)
The name and address of the applicant;
(2)
The docket number of the Certificate of Filing, if any, issued by the Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing, or other formal proceeding;
(4)
The name of the approval agency or representative thereof which will be conducting the meeting, hearing, or other formal proceeding;
(5)
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission; and
(6)
The purpose for which the meeting, hearing, or other formal proceeding is to be held.
(i)
To the New Jersey Department of Environmental Protection when development includes land located in the CAFRA Zone, involves more than 25 dwelling units, or when development includes or borders lands designated as freshwater wetlands, or tidal wetlands.
(j)
Such other parties as may be required by existing statutes and regulations.
2.
Upon the written request of an applicant, the Township Clerk shall make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph b1(b). 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 any hearing or proceeding.
3.
The applicant shall file an affidavit or proof of service with the Planning Board.
c.
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 street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.