A.
Hearings shall be required as part of preliminary
approval for all major subdivisions.
B.
Public notice only to property owners set forth in § 175-18C(12) shall be required for a minor subdivision proposing to create one or more flag lots.
A complete set of maps, documents and exhibits
shall be on file at least 10 days prior to the date of the hearing
at the office of the Planning Board.
A.
When required. A public notice shall be required for
preliminary approval of all major subdivision applications and approval
of all minor subdivision applications requiring a zoning variance
to be granted by the Planning Board.
B.
Contents of notice. Notices shall state the date,
time and place of the hearing, the nature of the matters to be considered
and an identification of the property proposed for subdivision by
street address, if any, or by reference to lot and block numbers as
shown on the current tax duplicate in the Township Tax Assessor's
office, and the location and times at which any maps and documents
for which approval is sought are available.
C.
To whom notice is required; how served. The applicant
shall be required to give public notice as follows:
(1)
By publication in the official newspaper of the Township.
(2)
The owners of all real property as shown on the current
tax duplicate, located within 200 feet in all directions of the entire
property which is the subject of such hearing.
(3)
Notice shall be given by serving a copy thereof on
the property owner as shown on said 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 said
current tax duplicate.
(4)
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.
(5)
Upon the written request of an applicant and payment
of $10, the Township Clerk 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. 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.
(6)
Notice of all hearings on applications for subdivision
approval 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.
(7)
Notice shall be given, by personal service or certified
mail, to the County Planning Board of a hearing on an application
for subdivision approval 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.
(8)
Notice shall be given, by personal service or certified
mail, to the Commissioner of Transportation of a hearing on an application
for subdivision approval of property adjacent to a state highway.
(9)
Notice shall be given, by personal service or certified mail, to the Director of the Division of State and Regional Planning of a hearing on an application for subdivision approval 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 Planning Board pursuant to § 175-17.
(10)
The applicant shall file an affidavit of proof(s)
of service with the Planning Board on the application for subdivision.
(11)
Any notice made by certified mail shall be deemed
complete upon mailing.
(12)
When required by the Minor Subdivision Committee of the Planning Board, in those instances where there may be an effect of prohibiting future flag lots on nearby lots, a minor subdivision applicant with flag lots will be required to serve notice to owners of real property on the same side of the street as the proposed flag lot or lots and within a distance in either direction of any proposed flag lot equal to twice the minimum lot width for the zone, per the Schedule of Area, Yard and Building Requirements in Chapter 217, Zoning.[1]
[Added 4-21-1986 by Ord. No. 8-86]
[1]
Editor's Note: Former Subsection 16-4.4, Decisions,
which immediately followed this subsection, was repealed 10-20-1980
by Ord. No. 44-80.
