Bill Text: NJ S3396 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits transmittal of certain land use notices via regular mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-28 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3396 Detail]
Download: New_Jersey-2018-S3396-Introduced.html
Sponsored by:
Senator BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Permits transmittal of certain land use notices via regular mail.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transmittal of certain land use notices and amending P.L.1995, c.249.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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.
In addition, the municipal clerk shall provide 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, to the Office of Planning Advocacy, and to any military facility commander who has registered with the municipality pursuant to section 1 of P.L.2005, c.41 (C.40:55D-12.4), at least 10 days prior to the hearing, by personal service or certified mail.
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 to a property owner 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 shall also be published and displayed prominently on the Internet website maintained by the municipality, and published in the official newspaper of the municipality, if one exists, or in a newspaper of general circulation in the municipality.
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, 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.2016, c.21, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill permits a municipality to transmit notice to a property owner of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district by regular mail. The bill also requires this notice to be published and displayed prominently on the Internet website maintained by the municipality, and published in the official newspaper of the municipality, if one exists, or in a newspaper of general circulation in the municipality.
Current law requires a municipality to transmit notice to a property owner of a hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district by: (1) serving a copy of the notice on the property owner; or (2) mailing a copy to the property owner by certified mail and regular mail. The law requires a municipality to provide this notice to all property owners 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 all property owners 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.
This bill permits a municipality that chooses to transmit the required notice by mail, to do so using only regular mail. The bill also requires the notice to be published on the municipality's Internet website and published in the official newspaper of the municipality.
