§ 184-25. Notice of hearings for development applications.

The following provisions shall apply to public notice of hearings for development applications, as mandated by N.J.S.A. 40:55D-12, including but not limited to:

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, provided that when conditional use approval, variance relief or direction for the issuance of a permit pursuant to this chapter is requested, the notice shall include reference to the request for conditional use approval, variance or direction for issuance of a permit, as the case may be;

(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 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 Board Secretary.

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 Borough, if there is one, or in a newspaper of general circulation in the Borough.

(1) 

Notice shall also be given to members of the public as follows:

(a) 

Notice of hearing shall be given to the owners, including owners of condominium units as shown on the current tax duplicates, of all real property within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given as follows:

[1] 

Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate, or his/her agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his/her address as shown on the current tax duplicate.

[2] 

Notice to a partnership owner or limited liability company owner may be made upon any partner or as otherwise permitted by law.

[3] 

Notice to a corporate owner or professional corporation 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.

(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 Union County Planning Board ("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 Union County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary. Notice shall not be given for applications on a single-family house.

(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 Board Secretary pursuant to Article IX.

(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 Borough and which has registered with the Borough in accordance with the Municipal Land Use Law, by 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 mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

(7) 

Notice of hearings on an application for development shall be given by personal service or certified mail to the Scotch Plains-Fanwood Board of Education.

C. 

Request for certified list of property owners within 200 feet. Upon written request of an applicant, the administrative officer shall, within seven days of the date the application is deemed complete, 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 Board.