Milltown City Zoning Code
§ 34-3.7
Notice Requirements for Hearings.
[Ord. No. 919 Art. III, G]
a.
However, a hearing is required on an application for development, except for minor subdivisions, final site plans and final subdivisions, pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
1.
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
2.
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within the 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the 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 the current tax duplicate. A return receipt is not required. 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.
3.
Notice of all hearings on applications for development 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, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
4.
Notice shall be given by personal service or certified mail to the Middlesex 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 the Middlesex County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
5.
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
6.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of a property which exceed 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
7.
(a)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to paragraph a shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land on any facility or that possess a right-of-way or easement within 200 feet in all directions of the property which is the subject of this hearing.
(b)
In addition to any notification requirement otherwise imposed under this act, an applicant seeking approval of a development which does not require notice as provided in paragraph a., shall be required to provide notice by personal service or certified mail, to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this paragraph.
8.
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 subsection.
9.
Notice pursuant to paragraphs a.3, a.4, a.5, a.6 and a.7 and notice pursuant to paragraph a.2 are required.
b.
All notices hereinabove specified in his subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
c.
Any notice made by certified mail as hereinabove required shall be deemed to be completed upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
d.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; and identification of the property proposed for development by street, address, and, 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 law.