§ 184-27. Notice of hearings for development regulations or capital improvement programs.  


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  • The following provisions shall apply to public notice of hearings for adoption, revision or amendment of this chapter, other development regulations or the capital improvement program:
    A. 
    CONTENT. Public notice of hearings for adoption, revision or amendment of this chapter, other development regulations, or the capital improvement program shall provide the following:
    (1) 
    A statement of the date, time and place of the hearing;
    (2) 
    A statement of the nature of the matters to be considered;
    (3) 
    The location and times at which any maps and documents which are the subject of said adoption, revision or amendment are available for inspection in the office of the Borough Clerk;
    (4) 
    In the case of zone district classification or boundary changes with enhanced notice requirements pursuant to Article VIII, the notice shall also provide an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicates in the Tax Assessor's office; and
    (5) 
    In the case of notice to the County Planning Board, a copy of the proposed or adopted development regulation, official map, capital improvement program, or any proposed or adopted revision or amendment thereto, as the case may be, shall be included with the notice.
    B. 
    Service of notice; parties entitled to notice. Notice shall be given by the Governing Body 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. Notice shall be given to the following parties as specified below:
    (1) 
    Notice shall be given by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of any development regulation involving property situated with 200 feet of such adjoining municipality.
    (2) 
    Notice shall be given by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation.
    (3) 
    Notice of a hearing on an amendment to the zoning regulations, which amendment proposes a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Board pursuant to N.J.S.A. 40:55D-89, shall be given in the following manner:
    (a) 
    Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate, or his or her agent in charge of the property, or mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.
    (b) 
    Notice to a partnership owner may be made by service upon any partner.
    (c) 
    Notice to a corporate owner, including cooperatives, may be made by service upon its president, a vice president, secretary or other person authorized by appointment or bylaw to accept service on behalf of the corporation.
    (d) 
    Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district 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.
    (e) 
    The Borough Clerk shall execute affidavits of proof of service of the notices required for the hearings on zoning district classification or boundary changes, and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning regulation change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.
    (4) 
    Notice shall be given by personal service or certified mail to the County Planning Board of the adoption, revision or amendment of the Borough capital improvement program or Official Map. Such notice shall be given not more than 30 days after the date of such adoption, revision or amendment.
    C. 
    Effect of mailing notice. Any notice made by certified mail as stipulated above shall be deemed complete upon mailing.