A.
Site plan review and approval shall be required before
any change of use or before any excavation, removal of soil, clearing
of a site or placing of any fill or surfacing on lands contemplated
for development or developed, and, except as hereinafter provided,
no building permit shall be issued for any building or use or reduction
or enlargement in size or other alteration of any building or change
in use of any building, including accessory structures, unless a site
plan is first submitted and approved by the reviewing board, and no
certificate of occupancy shall be given unless all construction and
development conform to the plans as approved by the reviewing board.
Site plan review and approval shall also be required for any application
for an existing building (commercial or industrial use) to increase
the rated occupancy load by a factor in excess of 10% beyond the occupancy
load as determined at the time of initial site plan approval.
[Amended 4-2-1992 by Ord. No. 14-92]
B.
Site plan approval shall not be required for any detached
one- or two-dwelling-unit buildings or any uses accessory thereto,
such as a private garage or storage shed incidental to residential
uses, but this shall not limit the requirements for submission and
approval of subdivision plats as otherwise required by Borough ordinances.
C.
Site plan waiver.
[Amended 9-15-2010 by Ord. No. 21-2010; 7-11-2012 by Ord. No. 16-2012; 6-3-2015 by Ord. No. 23-2015]
(1)
Application may be made to the Zoning Officer for site plan waiver for an existing commercial building or use which has received site plan approval where the applicant is seeking approval of a change of tenant or for installation of a fence in compliance with § 242-28 and the proposed new use is permitted in the zone.
(2)
The application shall include identification of the parcel, the applicant and a detail of the nature of the proposed use and set forth whether any exterior changes are proposed for the proposed use. In the case of installation of a fence, the applicant shall provide a copy of an application for building permit with an illustration showing the location, height and detail of the proposed fencing in compliance with § 242-28. The Zoning Officer shall review the application to determine whether:
(a)
The proposed use is in compliance with the Zoning Ordinance.
(b)
The parcel received site plan approval.
(c)
The improvements on the parcel are in compliance with the terms
of the site plan approval.
(d)
The applicant proposes exterior changes to the building or site
except for installation of a fence on a property zoned for commercial
use.
(e)
The proposed use would affect circulation of traffic.
(f)
The proposed use would satisfy the parking requirements applicable
for the zone.
(g)
The proposed use would affect existing circulation, drainage,
relationship of building to each other, landscaping, buffering, lighting
and other considerations of site plan review.
(3)
If the Zoning Officer determines that sufficient documentation has
been provided by the applicant to establish that the site and proposed
use would comply with the above-listed paragraphs, then the Zoning
Officer may waive site plan approval.
(4)
If the Zoning Officer determines that the application may not meet
the terms for site plan waiver as herein set forth, then the applicant
shall be referred to the applicable land use board for review of site
plan waiver, amended site plan approval or site plan approval. The
reviewing board may waive site plan approval requirements if construction
or alteration or change of occupancy or use does not affect the existing
circulation, drainage, relations of buildings to each other, landscaping,
buffering, or any other consideration of site plan review.
A.
Prior to submission of an application for preliminary
site plan approval, the developer may submit to the Borough Construction
Official, who shall forward to the Secretary of the municipal reviewing
board for review, a tentative plan and such site data as may be available.
The tentative plan will not be considered as a formal application
but rather will serve as a basis for discussion so that the reviewing
board may provide informal guidance to the developer in the preparation
of his application for preliminary approval.
B.
Any developer requesting approval of a proposed preliminary site plan for land in the Borough of Hopatcong shall, prior to development, submit to the Borough Construction Official, at least 28 days prior to the date of the regular monthly meeting of the reviewing board, three completed application forms, eight copies of any proposed site plan conforming to the provisions of § 191-21 and supporting materials and fees as required in § 191-16. When a use variance is required as provided in N.J.S.A. 40:55D-70d, a tentative application for site plan review, as provided in § 191-6A, shall be filed simultaneously with the application for the use variance. The tentative site plan application shall be filed with the Construction Official. The application for the use variance shall be filed with the Zoning Officer. Prior to the granting of the variance, an application for site plan approval shall be filed as provided in § 191-9, and approval of the use variance shall be conditioned upon approval of the site plan application.
[Amended 3-3-1988 by Ord. No. 3-88]
C.
Upon receipt of an application as provided in § 191-6B, the Construction Official shall forward the application forms and the copies of the plan with supporting materials to the Secretary of the reviewing board within three business days in order that the application shall be entered on the agenda of the reviewing board.
D.
At the time of submission, the lot to be developed
shall be conspicuously marked with stakes and flags of engineer's
tape at all corners and elsewhere as needed to determine the location
of proposed structures.
F.
If the application is found to be incomplete, the
applicant shall be notified thereof within 45 days of submission of
the application or it shall be deemed to be properly submitted. The
time for the reviewing board's review shall not begin to run until
the submission of a complete application.
G.
In order to allow discussion by the public and to receive recommendations from other Borough officials, the reviewing board shall hold a public hearing on the proposed application in accordance with §§ 191-17 and 191-18. If relief is requested pursuant to the ancillary powers granted to the Planning Board[2] in accordance with N.J.S.A. 40:55D-60, public notice shall be given by the applicant in accordance with §§ 191-19 and 191-20 and shall include reference to the request for a variance or direction for issuance of a permit. Copies of the preliminary application shall be forwarded by the Secretary of the reviewing board to the following for their reports and recommendations:
H.
All applications for site plan approval for land development
along county roads shall be submitted to the County Planning Board
for its review and recommendations and, where applicable, approval
pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof
of such submission at the time of the submission of his application
to the Borough reviewing board by presenting a copy of his site plan
with an indication from the county that it has been filed with it.
Any application for site approval shall not be deemed complete in
the absence of proof that it has been filed with the County Planning
Board. If the County Planning Board has failed to grant or deny approval
of the site plan at the time of preliminary approval of the applicant's
application, such preliminary approval shall be conditioned on approval
of said site plan by the County Planning Board or by its failure to
act thereon within the required time period. If the County Planning
Board adopts rules waiving its review of any site plans, the reviewing
board shall waive the requirement of this subsection for said site
plans.
I.
The reviewing board shall, if the proposed development
complies with the requirements of this chapter, grant preliminary
site plan approval. If the reviewing board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon as in the case of
the original application for development. If the site plan is denied,
the reasons for denial shall be stated upon the records of the reviewing
board. If the reviewing board acts favorably on the preliminary site
plan, the Chairman and Secretary shall affix their signatures to the
site plan.
J.
The Secretary of the reviewing board approving a preliminary
site plan shall certify two full sets, on each page, with an appropriate
stamp showing the date of approval, the file number, the Chairman's
signature and the Secretary's signature. One set shall be given to
the applicant, and one set shall be retained in the official files
of the reviewing board.
K.
Certification that all taxes and assessments against
the site have been paid shall be presented to the reviewing board
prior to any preliminary approval.
A.
Upon the submission of a complete application for
a site plan for 10 acres of land or less, the Planning Board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer, except that if the application for site plan approval also
involves an application for a relief pursuant to N.J.S.A. 40:55D-60,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of the submission of a complete application or
within such further time as may be consented to by the applicant.
B.
Upon the submission of a complete application for
a site plan of more than 10 acres, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
C.
Upon the submission of a complete application for
site plan approval pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment
shall grant or deny preliminary approval of the application within
120 days of the date of such submission or within such further time
as may be consented to by the applicant.
D.
Failure of the reviewing board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the site plan as submitted.
E.
If the reviewing board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon as in the case of the original
application for development, including the restarting of the time
for action. The reviewing board shall, if the proposed development
complies with this chapter, grant preliminary site plan approval.
Preliminary approval of a site plan, except
as provided in Subsection D of this section, shall confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
A.
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; and exterior lighting, both for safety reasons and
street lighting, except that nothing herein shall be construed to
prevent the municipality from modifying, by ordinance, such general
terms and conditions of preliminary approval as relate to the public
health and safety.
B.
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary site plan.
C.
That the applicant may apply for and the reviewing
board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
D.
In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A, B and C above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.
A.
A final site plan and supporting drawings and documentation
constitute the complete development of the site plan proposal and
become the basis for the construction of the plan and inspection by
the Borough. The site plan and any engineering or architectural documents
required shall be in final form and accurate for final approval and
construction.
B.
The developer may, at his option, submit a final site
plan in stages to include only a portion of the original preliminary
site plan. Approval of the final site plan for a section shall not
extend the time limit or preliminary approval for the remaining sections.
C.
The reviewing board shall ensure that any improvements
required for the site plan as a whole which might have an adverse
effect on an approved section if the remaining sections were not completed
shall be installed as a condition of approval for any section. This
shall include but not be limited to open space, recreation, soil and
erosion control and similar improvements.
D.
Any developer requesting approval of a proposed final site plan for land in the Borough of Hopatcong shall submit to the Borough Construction Official, at least 14 days prior to the date of the regular monthly meeting of the reviewing board and within the time provided in § 191-8, three completed application forms, eight copies of any proposed site plan conforming to the provisions of § 191-22 and supporting materials and fees as required in § 191-16.
E.
Upon receipt of an application as provided in § 191-9D, the Construction Official shall forward the application forms and the copies of the plan with supporting materials to the Secretary of the reviewing board within three business days in order that the application shall be entered on the agenda of the reviewing board.
F.
If the application is found to be incomplete, the
applicant shall be notified thereof within 45 days of the submission
of the application or it shall be deemed to be properly submitted.
The time for the reviewing board's review shall not begin to run until
the submission of a complete application.
G.
In order to allow discussion by the public and to receive recommendations from other Borough officials, the reviewing board shall hold a public hearing on the proposed application in accordance with §§ 191-17 and 191-18. A copy of the final site plan application shall be forwarded by the Secretary of the reviewing board to the Borough Engineer for his report and to such other officials as directed by the reviewing board.
H.
All applications for site plan approval for land development
along county roads shall be submitted to the County Planning Board
for its review and recommendations and, where applicable, approval
pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof
of such submission at the time of the submission of his application
to the Borough reviewing board by presenting a copy of his site plan
with an indication from the county that it has been filed with it.
Any application for site approval shall not be deemed complete in
the absence of proof that it has been filed with the County Planning
Board. If the County Planning Board has failed to grant or deny approval
of the site plan at the time of final approval of the applicant's
application, such final approval shall be conditioned on approval
of said site plan by the County Planning Board or by its failure to
act thereon within the required time period. If the County Planning
Board adopts rules waiving its review of any site plans, the reviewing
board shall waive the requirement of this subsection for said site
plans.
I.
Prior to final site plan approval and as a condition for final site plan approval, the developer shall contribute to the Borough his contribution for off-tract improvements if the contribution is required, all improvements shall be installed by the developer and approved by the reviewing board or guaranties pursuant to § 191-12 shall be provided and all taxes and assessments against the site shall be paid and certification of this shall be provided to the reviewing board. The Borough reviewing board may condition any approval it grants upon compliance with this subsection within a time period not to exceed 30 days from the date of favorable action by the reviewing board.
J.
The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval and the conditions of preliminary approval, provided
that in the case of a planned development, the reviewing board may
permit minimum deviations from the conditions of preliminary approval
necessitated by change of conditions beyond the control of the developer
since the date of preliminary approval without the developer being
required to submit another application for development for preliminary
approval. If the application is denied, the reasons for denial shall
be stated upon the records of the reviewing board. If the reviewing
board acts favorably on the final site plan application, the Chairman
and Secretary shall affix their signatures to the site plan.
K.
The Secretary of the reviewing board approving a final
site plan shall certify three full sets, on each page, with an appropriate
stamp showing the date approved, the file number, the Chairman's signature
and the Secretary's signature. One set shall be given to the applicant,
one to the Borough Construction Official for his use and one set shall
be retained in the official files of the reviewing board.
Final approval shall be granted or denied within
45 days after submission of a complete application or within such
further time as may be consented to by the applicant. Failure of the
reviewing board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the reviewing board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval.
A.
Final approval of a site plan shall confer upon the
applicant the following rights for a two-year period after the date
of final approval:
(1)
The zoning requirements applicable to the preliminary
approval first granted shall not be changed.
(2)
All other rights conferred upon the developer pursuant
to preliminary approval, whether conditional or otherwise, shall not
be changed.
(3)
The reviewing board may extend such period of protection
for good cause by extensions of one year but not to exceed three extensions,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
B.
Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
C.
In the case of a site plan for a planned development
of 50 acres or more or conventional site plan for 150 acres or more,
the reviewing board may grant extensions of time longer than two years
as shall be determined by the reviewing board to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible, economic conditions and the comprehensiveness
of the development, among others.
A.
Prior to final site plan approval and as a condition
to the issuance of a zoning permit, the developer shall:
(1)
For the uninstalled improvements, furnish a performance
guaranty in favor of the Borough in an amount not to exceed 120% of
the cost of installation for said improvements it may deem necessary
or appropriate, including streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees and surveyor's monuments, as
shown on the final map and required by the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm
sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and other on-site improvements and landscaping.
(2)
Provide for a maintenance guaranty to be posted with
the governing body for a period not to exceed two years after final
acceptance of the improvement and in an amount not to exceed 15% of
the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Borough for such utilities or improvements. The maintenance guaranty
shall be expressly conditioned upon the maintenance by the developer
of all such improvements for said period and particularly shall guarantee
the remedy of any defects in such improvements which occur during
the same period. The maintenance bond shall further guarantee the
replacement of any shade trees found to be unhealthy within two years
of planting.
(3)
Guaranty bonds shall be issued by a corporate surety
licensed to do business in the State of New Jersey and/or a certified
check drawn on a bank which is a member of the Federal Reserve System,
payable to the Borough of Hopatcong. Guaranty bonds shall be approved
by the Borough Attorney as to form and execution.
(4)
In lieu of the performance guaranty provided for in Subsection A(1) above, the Borough reviewing board, in its sole and absolute discretion, may accept from an applicant an irrevocable bank letter of credit issued by a bank which is a member of the Federal Reserve System. Said letter shall be issued to the benefit of the Borough and shall allow the Borough to draw upon such credit in its sole and absolute discretion. The letter of credit shall be of a duration adequate for the length of the project. The amount of the letter of credit shall be as determined by the Borough Engineer.
[Added 4-6-1989 by Ord. No. 17-89]
B.
The Borough Engineer shall review the improvements
required by the reviewing board and itemize their cost. Said itemization
shall be the basis for determining the amount of the performance guaranty
and maintenance guaranty required by the reviewing board. The Borough
Engineer shall forward his estimate of the cost of improvements to
the applicant within 30 days of the date of receipt of a request sent
by certified mail for said estimate.
C.
The reviewing board may require that up to 10% of
the total performance guaranty shall be in cash, and the balance shall
be in the form of a bond.
D.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by said body
by resolution.
E.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
F.
When all of the required improvements have been completed,
the obligor shall notify the governing body in writing, by certified
mail and addressed in care of the Borough Clerk, of the completion
of said improvements and shall send a copy thereof to the Borough
Engineer. Thereupon, the Borough Engineer shall inspect all of the
improvements and shall file a detailed report, in writing, with the
governing body indicating either approval, partial approval or rejection
of the improvements with a statement of reasons for any rejection.
If partial approval is indicated, the cost of the improvements rejected
shall be set forth. The Engineer's report shall be filed within time
to allow timely action by the governing body.
G.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the obligor in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto no later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty.
H.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
I.
The cost for all fees paid for the foregoing inspection
of improvements shall be the responsibility of the developer.
J.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest, by legal proceedings, any determination
of the governing body or the Borough Engineer.
A.
Prior to the issuance of a certificate of occupancy,
all improvements as shown on the approved site plan shall have been
installed by the developer and shall have been approved by the governing
body. When, by reason of adverse weather conditions, completion of
certain improvements would cause an undue delay, the Construction
Official may issue a temporary certificate of occupancy, provided
that the public health, welfare and safety will not be endangered,
and further provided that the governing body and Borough Engineer
approve said temporary certificate of occupancy.
B.
All of the improvements shall be constructed and installed
in accordance with the requirements, principles and design standards
as provided by ordinance and subject to inspection and approval by
the Borough Engineer. The Borough Engineer shall be notified 72 hours
prior to the start of the various phases of the work, and, if the
work is discontinued, he shall again be notified when the work will
be continued.
C.
All required improvements affecting the public interest
shall be offered for dedication to the Borough of Hopatcong by deed
or such other appropriate instrument. The improvements shall not be
deemed to have been accepted by the Borough, however, until formal
action of acceptance by ordinance or resolution by the governing body.
D.
Off-tract improvements. Pursuant to the provisions
of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions
for off-tract water, sewer, drainage and street improvements and easements
may be required in accordance with the following criteria:
(1)
Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the reviewing board may
require the applicant, as a condition of site plan approval and at
the applicant's sole expense, to provide for and construct such improvements,
as if such were on-tract improvements, in the manner provided hereafter
and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract
improvements.
(a)
In cases where the need for any off-tract improvements
is necessitated by the proposed development application and where
the reviewing board determines that properties outside the development
will also be benefited by the improvements, such determination shall
be made by the reviewing board in writing. Said resolution or determination
of the reviewing board shall specify the off-tract improvements which
are necessary and the terms and conditions which shall be imposed
upon the applicant to ensure the successful and reasonable implementation
of the same. In its deliberation as to whether off-tract improvements
are required, the reviewing board shall be guided by the rules and
regulations specified in the Zoning Ordinance of the Borough of Hopatcong,
this chapter and the Borough Master Plan. The reviewing board may
also be guided by counsel from the reviewing board attorney, engineer,
any consultant and other qualified experts and Borough officials relative
to the subject matter.
(b)
In the event that the reviewing board determines
that one or more improvements constitute an off-tract improvement,
the reviewing board shall notify the governing body of the same, specifying
the board's recommendation relative to the estimated cost of the same,
the applicant's pro rata share of the cost and possible methods or
means to implement the same, including but not limited to performance
and maintenance guaranties, cash contributions, development agreements
and other forms of surety.
(c)
The reviewing board shall not grant final approval
of the site plan until all aspects of such conditions have been mutually
agreed upon by both the applicant and the governing body of the Borough
of Hopatcong and a written resolution to that effect by the governing
body has been transmitted to the reviewing board.
(d)
Where a developer pays the amount determined
as his pro rata share under protest, he shall institute legal action
within one year of such payment in order to reserve the right to a
judicial determination as to the fairness and reasonableness of such
amount.
(3)
Methods of implementation.
(a)
Performance and maintenance guaranties. Where
a performance or maintenance guaranty or other surety is required
in connection with an off-tract improvement, the applicant shall be
required to follow the same procedures and requirements as specified
in this chapter for other improvements.
(b)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as
may be required by this chapter or by the reviewing board, said agreement
shall be approved as to form, sufficiency and execution by the reviewing
board attorney and/or Borough Attorney. Said agreement shall specify
the amount of cash contributions, if any; the method of payment of
the same: the relative timing of such payment; and the obligation
or obligations to be undertaken by the Borough of Hopatcong.
(c)
Cash contributions, when not required. Cash
contributions for off-tract improvements shall not be required under
the following conditions:
[1]
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Borough of Hopatcong.
[2]
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-site improvement
provided.
[3]
Where the applicant, where legally permissible,
can undertake the improvements in lieu of the Borough, subject to
standards and other conditions as may be imposed by the Borough of
Hopatcong.
(d)
Cash contributions, method of payment. Where
a cash contribution is required by this chapter, said contribution
shall be deposited with the Treasurer of the Borough of Hopatcong
with a copy of the applicant's transmittal letter forwarded to the
governing body, the Borough Engineer and the reviewing board. Any
and all moneys received by the Treasurer shall be deposited in an
escrow account for the purpose of undertaking the improvements specified.
Where such improvements are not undertaken or initiated for a period
of 10 years, the funds may be retained by the Borough of Hopatcong
and may be used for general municipal purposes, but in such event,
neither the applicant nor any of his heirs, executors, administrators
or grantees shall be liable to the Borough of Hopatcong for any assessment
for the purpose of installing any of the improvements for which said
cash contribution was made.
(4)
Pro rata formula for determining applicant's share
of off-tract improvements. Where an off-tract improvement is required,
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
(a)
For street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements not covered elsewhere and the construction of new streets
and other similar street or traffic improvements, the applicant's
proportionate share shall be in the ratio of the estimated peak-hour
traffic generated by the proposed property or properties to the sum
of the present deficiency in peak-hour traffic capacity of the present
facility and the estimated peak-hour traffic generated by the proposed
development. The ratio thus calculated shall be increased by 10% for
contingencies.
(b)
For water distribution facilities, including
the installation of new water mains, the extension of existing water
mains, the relocation of such facilities and the installation of other
appurtenances associated therewith, the applicant's proportionate
cost shall be in the ratio of the estimated daily use of water from
the property or properties in gallons to the sum of the deficiency
in gallons per day for the existing system or subsystem and the estimated
daily use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
(c)
For sanitary sewerage facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak-flow period for the existing system, the ratio shall
be the estimated peak-flow rate from the proposed development in gallons
per minute to the sum of the present peak-flow deficiency in the existing
system or subsystem and the estimated peak-flow rate from the proposed
development. The greater of the two ratios thus calculated shall be
increased by 10% for contingencies and shall be the ratio used to
determine the cost to the applicant.
(d)
For stormwater and drainage improvements, including
installation, relocation or replacement of transmission lines, culverts
and catch basins and the installation, relocation or replacement of
other appurtenances associated therewith, the applicant's proportionate
cost shall be in the ratio of the estimated peak surface runoff as
proposed to be delivered into the existing system, measured in cubic
feet per second, to the sum of the existing peak flow, measured in
cubic feet per second, deficient for the existing system and the estimated
peak flow as proposed to be delivered. The ratio thus calculated shall
be increased by 10% for contingencies. The applicant's engineer shall
compute the drainage basin area and the area of the development and
the percent of the total drainage basin area occupied by the development.
Where no drainage system exists which will receive the flow of surface
water from the applicant's development, the applicant shall furnish
all drainage rights-of-way deemed to be necessary by the reviewing
board.
(e)
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities
which shall be borne by the applicant, the reviewing board shall also
determine the pro rata amount of the cost to be borne by other owners
of lands which will be benefited by the proposed improvements.
E.
Submission of certified record drawings. Upon completion
of construction of all improvements and prior to the release of the
performance bond, the developer shall submit to the Borough certified
as-built or record drawings. The record drawings shall contain the
embossed seal of a licensed professional engineer of New Jersey and
be signed by the Borough Engineer. The drawings shall indicate the
pipes, structures and appurtenances as built, including the location
of all house service lines, valves and appurtenances. Record drawings
shall be submitted on cloth to the Construction Official.
F.
Profile details.
(1)
Profiles of streets, storm and sanitary sewer lines
shall be submitted at the time the final site plan is submitted.
(2)
Profiles shall be drawn on sheets 24 inches by 36
inches and drawn to a scale of not less than one inch equals 50 feet
horizontal and one inch equals five feet vertical.
(3)
The profiles shall show, accurately platted to scale,
the existing and proposed storm drains, sanitary sewers, underdrains
and center lines, including inverts and rim elevation of all manholes
and inverts and curb elevation of all inlets and top and inverts of
other drainage structures. The percent of grade on all center lines
shall be indicated. The length of all vertical curves shall be noted,
together with their respective points of curvature, points of intersection
and points of tangency. The original grade line shall be indicated.
A.
The reviewing board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval in accordance with this chapter,
if the literal enforcement of one or more provisions of this chapter
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the land in question or relating to the proposed use.
In any such case, the reviewing board shall, in its resolution, set
forth its findings of fact and conclusions of law supporting said
action.
B.
In reviewing a preliminary site plan, the reviewing board may waive any of the requirements or details specified in § 191-21 to be shown on the site plan in any given application if the reviewing board determines that certain requirements or specifications are not necessary to be shown in order to ensure good planning and will have no deleterious effect on the neighborhood properties and indicates sufficient materials to assure adequate protection of the health, welfare and safety of the people of the Borough of Hopatcong.
[Amended 9-5-1991 by Ord. No. 23-91]
The developer shall undertake construction in
strict conformance with the approved preliminary and/or final site
plan and/or in accord with the conditions of any building permit,
zoning permit or certificate of occupancy, whether temporary or permanent.
Minor deviations may be approved by the Borough Engineer if said deviation
would not alter the character of the development or impair the intent
and purpose of the Master Plan or Zoning Ordinance.[1]
[Amended 4-2-1987 by Ord. No. 9-87; 2-22-1989 by Ord. No. 13-89]
A.
There shall be submitted with each site plan application,
in order to defray the cost of review of said site plan, the following
fees:
[Amended 12-19-1989 by Ord. No. 45-89]
(1)
For preliminary site plan approval application: $350,
plus $50 per 1,000 square feet or part.
(2)
For final site plan approval: $350, plus $50 per 1,000
square feet or part.
(3)
For home occupations site plan approval pursuant to § 242-31: $25.
[Added 11-5-1992 by Ord. No. 30-92; amended 4-7-1994 by Ord. No. 9-94]
(4)
For site plan approval for a professional office in a residential zone pursuant to § 242-32: $50.
[Added 4-7-1994 by Ord. No. 9-94]
(5)
For applications for minor amendments to site plan
approval: $50.
[Added 3-2-1995 by Ord. No. 6-95]
(6)
General development plan: $5,000 or $5 per residential
unit and/or 1,000 square feet of new residential space, whichever
is greater.
[Added 9-5-2001 by Ord. No. 19-2001]
B.
Deposit.
(1)
In addition to the preliminary site plan approval
application filing fee and at the time of filing of said preliminary
application, the applicant shall also deposit funds with the Borough
Clerk to cover the cost of review and inspection services provided
by the Borough Engineer, Planning Consultant and other Borough personnel.
The amount of the deposit shall be determined as follows:
(a)
For nonresidential uses: $10 per 1,000 square
feet of lot area or part thereof, plus $10 per 100 square feet of
proposed building floor area, but not less than $1,000.
[Amended 12-19-1989 by Ord. No. 45-89]
(b)
For residential uses: $50 per dwelling unit,
but not less than $1,000.
(c)
For minor amendments to site plan approval:
$150.
[Added 3-2-1995 by Ord. No. 6-95]
(d)
General development plan: $15,000 or $10 per
unit and/or 1,000 square feet of new residential space, whichever
is greater.
[Added 9-5-2001 by Ord. No. 19-2001]
(2)
Any unused portion of the deposit shall be returned
to the applicant. If the cost of review and inspection exceeds the
amount of the deposit, sufficient additional funds shall be deposited
before approval of the site plan shall become effective or before
the issuance of a certificate of occupancy.
C.
For purposes of determining the amount of deposit in § 191-16B, if only a portion of the property is to be developed and said property can be further subdivided under the requirements of the Land Subdivision Ordinance and Zoning Ordinance of the Borough,[1] the lot area shall be construed to be an area which can
be subdivided under the requirements of said ordinances wherein all
proposed buildings and improvements would meet all required setback
and yard requirements. When a site plan for a new building or structure
or addition thereto does not involve off-street parking, traffic circulation
or drainage facilities, the amount of the deposit as it pertains to
lot area shall apply only to the ground floor area of the building
or structure.
A.
Rules. The reviewing board may make rules governing
the conduct of hearings before it, which rules shall not be inconsistent
with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38, (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the reviewing board may exclude irrelevant,
immaterial or unduly repetitious evidence.
E.
Records. The reviewing board shall provide for the
verbatim recording of the proceedings by either stenographic, mechanical
or electronic means. The reviewing board shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense.
A.
Decisions.
(1)
Each decision on any application for development shall
be set forth in writing as a resolution of the reviewing board, which
shall include findings of fact and legal conclusions based thereon.
(2)
A copy of the decision shall be mailed by the reviewing
board within 10 days of the date of decision to the applicant or,
if represented, to his attorney without separate charge. A copy of
the decision shall also be mailed to all persons who have requested
it and who have paid the fee prescribed by the reviewing board for
such service. A copy of the decision shall also be filed in the office
of the Borough Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of a fee calculated
in the same manner as those established for copies of other public
documents in the Borough.
B.
Publication of decision. A brief notice of every final
decision shall be published in the official newspaper of the Borough.
Such publication shall be arranged by the Secretary of the reviewing
board without separate charge to the applicant. Said notice shall
be sent to the official newspaper for publication within 10 days of
the date of any such decision.
Whenever public notice of a hearing on an application
is required, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the Borough at least 10 days prior to the date
of the hearing.
B.
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the Borough. Such
notice shall be given by serving a copy thereof on the 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. 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.
C.
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 pursuant to § 191-19B above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
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 on the Official County Map or on the County Master Plan adjoining
other county land or situated within 200 feet of a municipal boundary.
E.
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.
F.
Notice shall be given 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 Borough Clerk pursuant to § 209-12B.
G.
All notices hereinabove specified in this section
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.
H.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
A.
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, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Borough 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.
B.
Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the Borough Clerk.
C.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Zoning Officer of the Borough of Hopatcong shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 191-19B.
