S1571

SENATE, No. 1571

STATE OF NEW JERSEY

INTRODUCED OCTOBER 3, 1996

By Senator KYRILLOS

An Act concerning public notice regarding certain land use activity and amending P.L.1975, c.291, P.L.1968, c.285 and P.L.1995, c.249.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 12 of P.L.1968, c.285 (C.40:27-6.10) is amended to read as follows:

12. In order that county planning boards shall have a complete file of the planning and zoning ordinances of all municipalities in the county, each municipal clerk shall file with the county planning board a copy of the planning and zoning ordinances of the municipality in effect on the effective date of this act and shall notify the county planning board of the introduction of any revision or amendment of such an ordinance which affects lands adjoining county roads or other county lands, or lands lying within 200 feet of a municipal boundary, or proposed facilities or public lands shown on the county master plan or official county map. If any portion of the municipal boundary is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

Such notice shall be given to the county planning board at least 10 days prior to the public hearing thereon by personal delivery or by certified mail of a copy of the official notice of the public hearing together with a copy of the proposed ordinance.

(cf: P.L.1968, c.285, s.12)

2. Section 13 of P.L.1968, c.285 (C.40:27-6.11) is amended to read as follows:

13. The county planning board shall be notified of any application to the board of adjustment under [Revised Statute 40:55-39] section 57 of P.L.1975, c.291 (C.40:55D-70) in such cases where the land involved fronts upon an existing county road or proposed road shown on the official county map or on the county master plan, adjoins the other county land or is situated within 200 feet of a municipal boundary. If any portion of the municipal boundary is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

Notice of hearings on such applications shall be furnished by the appellant in accordance with [P.L.1965, c.162 (C.40:55-53)] section 7.1 of P.L.1975, c.291 (C.40:55D-12).

(cf: P.L.1968, c.285, s.13)

3. Section 15 of P.L.1968, c.285 (C.40:27-6.13) is amended to read as follows:

15. Whenever a hearing is required before a zoning board of adjustment or the governing body of a municipality in respect to the granting of a variance or establishing or amending an official municipal map involving property adjoining a county road or within 200 feet of an adjoining municipality, and notice of said hearing is required to be given, the person giving such notice shall also, at least 10 days prior to the hearing, give notice thereof in writing by certified mail to the county planning board. If any portion of the municipal boundary is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

The notice shall contain a brief description of the property involved, its location, a concise statement of the matters to be heard and the date, time and place of such hearing.

(cf: P.L.1968, c.285, s.15)

4. Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:

7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given at least 10 days prior to the date of the hearing.

a. Public notice of a hearing on an application for development shall be given, except for (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); provided that the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance; and provided further that public notice shall be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

b. Notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. If any portion of the land within 200 feet of the property which is the subject of the hearing is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

Notice shall be given by: (1) 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 (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.

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. 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 property which is the subject of the hearing, calculated in accordance with the provisions of this subsection, 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.

c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. 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 pursuant to subsection h. of this section. 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. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.

d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality, calculated in accordance with the provisions of subsection b. of this section, shall be given by personal service or certified mail to the clerk of such municipality.

e. Notice shall be given by personal service or certified mail 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, calculated in accordance with subsection b. of this section. f. Notice shall be given 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.

g. 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 municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).

h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991. c.412 (C.40:55D-12.1), by (1) 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 (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.

(cf: P.L.1991, c.412, s.4)

5. Section 7.2 of P.L.1975, c.291 (C.40:55D-13) is amended to read as follows:

7.2. The planning board shall give:

(1) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing;

(2) Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a master plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing. If any portion of the municipal boundary is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation;

(3) Notice by personal service or certified mail to the county planning board of (a) all hearings on the adoption, revision or amendment of the municipal master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (b) the adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the master plan or revision or amendment thereto.

(cf: P.L.1975, c.291, s.7.2)

6. Section 7.4 of P.L.1975, c.291 (C.40:55D-15) is amended to read as follows:

7.4. a. Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing. If any portion of the municipal boundary is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

b. Notice by personal service or certified mail shall be made to the county planning board of (1) all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and (2) the adoption, revision or amendment of the municipal capital improvement program or municipal official map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal official map or the municipal capital program, or any proposed revision or amendment thereto, as the case may be.

Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

(cf: P.L.1975, c.291, s.7.4)

7. Section 2 of P.L.1995, c.249 (C.40:55D-62.1) is amended to read as follows:

2. Notice of a hearing on an amendment to the zoning ordinance proposing 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 planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given at least 10 days prior to the hearing by the municipal clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the State within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the State within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing. If any portion of the area encompassed within the 200 foot radius is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation.

A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and 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 duplicate in the municipal tax assessor's office.

Notice shall be given by: (1) 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 (2) 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.

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. 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, calculated as herein provided, 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.

The municipal clerk shall execute affidavits of proof of service of the notices required by this section, 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 ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.

(cf: P.L.1995, c.249, s.2)

8. Section 50 of P.L.1975, c.291 (C.40:55D-63) is amended to read as follows:

50. Notice and Protest. Notice of the hearing on an amendment to the zoning ordinance proposing 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 planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89), shall be given prior to adoption in accordance with the provisions of section 2 of P.L.1995, c.249 (C.40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. If any portion of the area encompassed within the 200 foot radius is comprised of a river, stream, tributary, estuary, channel or other body of water which is less than two miles in width at its widest point, the body of water as depicted on the municipal tax map shall not be included in the 200 foot calculation. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality.

(cf: P.L.1995, c.249, s.1)

9. This act shall take effect 90 days next following enactment.

STATEMENT

This bill would clarify that the 200 foot radius within which notice must be given under various circumstances under the "Municipal Land Use Law" and county planning statutes shall not include any body of water which is less than two miles in width at its widest point. In other words, when determining which properties are either entitled to notice or protest, the party which must provide the notice shall not include in the calculation any body of water depicted on the tax map which is less than two miles in width at its widest point. The bill specifies that this provision shall apply to any river, lake, estuary, tributary, channel, stream, or any other body of water which either forms a municipal boundary, or would otherwise be included within the 200 foot radius for notice purposes under those laws.

This bill is intended to address those situations whereby property owners in an adjoining municipality may endure some hardship as a result of a development activity in a neighboring municipality, but would otherwise not be entitled to notice of an application before a neighboring planning or zoning board because a body of water forms the boundary between the municipalities, thereby placing those persons outside the 200 foot notice limit. The bill also addresses the same situation which may occur within municipalities where bodies of water may otherwise prevent affected owners from gaining the benefit of notice of applications for development.

Clarifies calculation of 200 foot radius for purposes of notice under county and municipal planning statutes.