A. Public notice of a hearing on an application for development shall be required, except as set forth herein.
B. No public notice of a hearing shall be required for the following applications for development:
(1) Minor site plan review. The Board shall waive notice and public hearing for an application for development upon the Board determining that the application for development conforms to the definition of "minor site plan," provided that no variances or other waiver from design standards requiring notice and public hearing are requested.
(2) Minor subdivisions. The Board shall waive notice and public hearing for an application for development upon the Board determining that the application for development conforms to the definition of "minor subdivisions," provided that no variances or other waiver from design standards requiring notice and public hearing are requested.
(3) Final approval of site plans and major subdivisions.
D. Public notice shall be required for preliminary major site plan approval.
E. Whenever public notice of a hearing is required, notice shall be given to the Pinelands Commission and as follows:
(1) Notice shall be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the subject property, whether located within or without the town in which the applicant's land is located. This requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(2) Notice to a partnership owner may be made by the applicant by service upon any partner. Notice to a corporate owner may be made by the applicant 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. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas within 200 feet of the subject property, 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.
(3) Notice of all hearings on application for development involving property located within 200 feet of an adjoining municipality shall be given by the applicant by personal service or certified mail to the clerk of such municipality.
(4) Notice shall be given by personal service or certified mail by the applicant to the County Planning Board of a hearing on an application for development of 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.
(5) Notice shall be given by the applicant by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) Notice shall be given by the applicant by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Town Clerk pursuant to § 175-36C.
(7) Public notice shall be given by the Board Secretary, and may be given by the applicant, by publication in the official newspaper of the town at least 10 days prior to the date of the scheduled meeting.
(8) All notices specified in this section shall be given at least 10 days prior to the date fixed for hearing. The applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development.
(9) Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing.
(10) The notice stated in Subsection E(3), (4), (5) and (6) is not required unless public notice is required pursuant to Subsections A, B, C and D and notice is required pursuant to Subsection E(2) and (3).
(11) Contents of notice. All notices required to be given pursuant to this chapter shall state the date, time and place of the hearing, describe and specify design and/or performance standards exceptions requested, if applicable, the nature of the matters to be considered and 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 and documents for which approval is sought are available as required by § 175-36C.
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