Any owner of land within the Borough of Hopatcong
shall, prior to subdividing or resubdividing land as defined in this
chapter and before conveying legal or equitable title to such subdivision
or any part thereof, apply to the Planning Board for review and approval
of the subdivision plat pursuant to the provisions of this chapter.
The Planning Board may waive notice and public
hearing for an application for development if the Planning Board finds
that the application for development conforms to the definition of
minor subdivision.
A.
Any subdivider in the Borough of Hopatcong requesting
approval of a proposed minor subdivision shall, prior to subdividing
or resubdividing lots as defined in this chapter, submit to the Borough
Clerk, at least 28 days prior to the date of the regular monthly reviewing
board meeting:
[Amended 3-3-1988 by Ord. No. 3-88]
B.
Upon receipt of a complete application as provided in § 209-7A, the Borough Clerk shall forward the application forms, plats and other materials to the Secretary of the Planning Board, within three business days, in order that the application for subdivision may be entered on the agenda of the Planning Board and the Planning Board Subdivision Committee. In addition, the Secretary shall forward one copy of the plat to the Borough Engineer for his report and recommendations and a copy to the Environmental Commission for its information and possible report.
C.
Prior to submission of an application for minor subdivision
approval, all proposed lots shall be conspicuously marked with stakes
and flags or engineer's tape at all corners and elsewhere as may be
needed to adequately determine the boundaries of such lots by visual
inspection.
D.
The applicant shall submit the minor subdivision plat
and the other required information to the Sussex County Planning Board
for its consideration. If, within 30 days after receiving said plat,
the County Planning Board does not respond to the Secretary of the
Borough Planning Board, said plat shall be deemed to have been approved
by the County Planning Board.
E.
If approved by the Planning Board as a minor subdivision,
three copies signed by the Chairman and Secretary of the Planning
Board shall be returned to the applicant within one week following
approval. The Planning Board may condition such approval on terms
ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38,
55D-39, 55D-40 and 55D-53. If County Planning Board approval has not
been granted, the Borough Planning Board shall condition any approval
that it grants on the timely receipt of a favorable report on the
application by the County Planning Board or on approval by the County
Planning Board by its failure to report thereon within the required
time period.
F.
Minor subdivision approvals shall be granted or denied
within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer. Any such
plat or deed must be signed by the Chairman and Secretary of the Planning
Board before it will be accepted for filing by the county recording
officer. Before a deed is signed by the Chairman of the Planning Board,
the deed shall be checked by the Borough Engineer to assure conformance
with the approved plat.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
G.
Upon receipt of proof of filing, the Secretary of
the Planning Board shall thereupon distribute copies of the plat to
each of the following:
H.
If an application is not approved as a minor subdivision,
a notation to that effect shall be made on the plat, which plat shall
be returned to the applicant, who may submit an application in compliance
with procedures for major subdivisions.
I.
Minor subdivision approval shall be deemed to be final
approval of the subdivision by the Board.
J.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in § 209-7F.
K.
At the time of filing, no taxes or assessments for
local improvements shall be due or delinquent on the property in the
subdivision. Failure to comply with this requirement shall be deemed
sufficient cause for preventing filing.
A.
Prior to submission of an application for preliminary
major subdivision approval, the developer may submit to the Planning
Board a tentative plat and such site data as may be available. The
tentative plat will not be considered as a formal application but
rather will serve as a basis for discussion so that the Planning Board
may provide informal guidance to the developer in the preparation
of his application for preliminary approval.
B.
Any subdivider in the Borough of Hopatcong requesting
approval of a proposed preliminary plat of a major subdivision shall,
prior to subdividing or resubdividing as defined in this chapter,
submit to the Borough Clerk, at least 28 days prior to the date of
the regular monthly meeting of the reviewing board:
[Amended 3-3-1988 by Ord. No. 3-88]
C.
Upon receipt of a complete application as provided in § 209-8B, the Borough Clerk shall forward the application forms and the copies of the plat with supporting materials to the Secretary of the Planning Board, within three business days, in order that the application for subdivision may be entered on the agenda of the Planning Board.
D.
At the time of submission of an application for preliminary
major subdivision approval, the lot being subdivided shall be conspicuously
marked with stakes and flags or engineer's tape at all corners and
elsewhere as needed to determine the location of proposed streets.
E.
The preliminary plat submission shall include an erosion and sediment control and surface water management plan in accordance with Chapter 197, Soil Erosion and Sediment Control.
F.
If the application is found to be incomplete, the
developer shall be notified thereof within 45 days of submission of
the application, or it shall be deemed to be properly submitted.
G.
In order to allow discussion by the public and to receive recommendations from other Borough officials, the Board shall hold a public hearing on the proposed application in accordance with §§ 209-11, 209-12, 209-13 and 209-14. Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board to the following for their reports and recommendations:
H.
The applicant shall submit the preliminary plat and
other required information to the Sussex County Planning Board for
its consideration. If, within 30 days after receiving said plat, the
County Planning Board does not respond to the Secretary of the Borough
Planning Board, said plat shall be deemed to have been approved by
the County Planning Board.
I.
If the preliminary plat lies within 200 feet of another
municipal boundary, a copy of the plat shall be sent by the Planning
Board Secretary to the Secretary of the Planning Board of the adjoining
community. A written statement shall be requested from the adjoining
community indicating whether the proposed subdivision is in reasonable
harmony with its plans for development. The Secretary of the Planning
Board of the adjoining community should be informed of the date of
the public hearing, and any communications received prior to this
date will be considered in relation to the approval or disapproval
of the plat.
J.
The public hearing shall be scheduled to allow the Planning Board sufficient time to grant or deny approval of the proposed preliminary application, within the time allowed in § 209-8K, and for the applicant to provide notice as provided in § 209-11. Whenever, as a part of the application, relief is requested by the applicant through a variance or direction as provided in the ancillary powers of the Planning Board, the notice of the hearing on the application shall include a reference to the request for a variance or direction for issuance of a permit.
K.
After the public hearing, the Planning Board shall take formal action, either approving or disapproving the preliminary plat, within the time required by N.J.S.A. 40:55D-48 and 40:55D-61. For a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission of a complete application; except that if, as part of the application, relief is requested through a variance or direction as provided in the ancillary powers of the Planning Board, the Planning Board shall grant or deny approval within 95 days of submission of a complete application. In the case of a subdivision of more than 10 lots, the Board shall grant or deny approval within 95 days of the date of such submission. These time periods may be extended within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision. If the application is disapproved, the reasons for disapproval shall be given to the applicant. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice in accordance with the provisions of § 209-11.
L.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall affix his signature
to the plat with a notation that it has received preliminary approval
and shall return said plat to the subdivider for compliance with final
approval requirements.
M.
A copy of the action taken by the Planning Board shall
be forwarded to the Borough Clerk.
N.
Preliminary approval shall, except as hereinafter
set forth, confer upon the applicant the following rights for a three-year
period from the date of such approval:
(1)
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;
except that nothing herein shall be construed to prevent the Borough
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
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 subdivision plat.
(3)
That the applicant may apply for and the Planning
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 shall govern.
(4)
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection N(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Planning 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 Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning 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, such revised standards shall govern.
A.
Any subdivider in the Borough of Hopatcong requesting final approval of a major subdivision shall submit to the Borough Clerk, at least 28 days prior to the date of the regular monthly meeting of the reviewing board and within the time provided in § 209-8N:
[Amended 3-3-1988 by Ord. No. 3-88]
B.
The copies of the final subdivision plat submitted
shall consist of an original tracing, one translucent tracing copy,
two cloth prints and 12 white prints. Unless the preliminary plat
is approved without changes, the final subdivision plat shall have
incorporated all changes or modifications required by the Planning
Board.
C.
Before granting approval to a final subdivision plat, the subdivider shall have met the provisions of Article V relating to improvements. The final subdivision plat shall be accompanied by a statement of the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with the following:
D.
Upon receipt of a complete application, the Borough
Clerk shall forward the application forms and the subdivision plats
with supporting materials to the Secretary of the Planning Board,
within three business days, for inclusion on the agenda of the Planning
Board and distribution for comment.
E.
The applicant shall forward the final plat and other
required information to the Sussex County Planning Board for its consideration.
If, within 30 days after receiving said plat, the County Planning
Board does not respond to the Secretary of the Borough Planning Board,
said plat shall be deemed to have been approved by the Sussex County
Planning Board.
G.
Final approval shall be granted or denied within 45
days of submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute final approval,
and a certificate of the Secretary of the Board as to the failure
of the Planning 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 herein required and shall be so accepted by the
county recording officer for the purposes of a final subdivision plat.
H.
No plat shall be offered for filing to the county
recording officer unless it has been duly approved by the Borough
Planning Board and signed by the Chairman and Secretary.
I.
Within 95 days of final approval, the final plat shall
be filed by the subdivider with the county recording officer in accordance
with the provisions of N.J.S.A. 40:55D-54. For good and sufficient
reasons, the Borough Planning Board may extend the time for filing
for an additional period not to exceed 190 days from the date of signing
of the plat.
J.
After final approval, the translucent tracing and
one cloth print shall be filed with the Borough Clerk. The original
tracing and one cloth print shall be returned to the applicant. Upon
receipt of proof of filing, the Secretary of the Planning Board shall
distribute copies of the final plat for filing with the Planning Board
and with the following:
No building permit shall be issued for a lot
which is included in any subdivision until after final approval by
the Planning Board, as provided in this chapter, and until after the
proper and timely filing with the county recording officer.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A.
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.
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 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.
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 § 209-11B 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 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.
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, 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 § 209-10B.
A.
Rules. The Planning 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 Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The 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 Board, which decision
shall include findings of fact and legal conclusions based thereon.
(2)
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or, if represented,
then 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 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 municipality.
Such publication shall be arranged by the Secretary of the Planning
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.
[Amended 4-2-1987 by Ord. No. 9-87]
A.
The Borough Clerk of the Borough of Hopatcong shall
not accept any application for approval under the provisions of this
chapter unless the applicant pays the following fees and submits a
certification from the Tax Search Officer that no taxes or assessments
for local improvements are due or delinquent on the property for which
any subdivision application is made. The following schedule of fees
and costs shall be paid to the Borough of Hopatcong, such payment
to be made to the Borough Clerk of the Borough of Hopatcong upon the
filing of the application:
[Amended 5-5-1988 by Ord. No. 18-88]
(1)
Submission of an application for approval of minor
subdivision.
[Amended 2-22-1989 by Ord. No. 13-89]
(a)
Classified minor subdivision: $150 per lot,
including remainder.
[Amended 12-19-1989 by Ord. No. 45-89]
(b)
Lot line relocations: $100.
(c)
Consolidation of lots and resubdivision where
the number of lots to be created by the resubdivision does not exceed
three lots: $150.
(d)
Technical major (total number of lots does not
exceed three, but a variance is required for lot width, area, depth
or frontage): $150 per lot, including remainder.
[Amended 12-19-1989 by Ord. No. 45-89]
(2)
Submission of an application for approval of preliminary
plat of a major subdivision: $500, plus $100 per lot, including remainder;
total fee not to exceed $2,000.
[Amended 2-22-1989 by Ord. No. 13-89; 12-19-1989 by Ord. No. 45-89]
(3)
Submission of an application for approval of final
plat of a major subdivision: $400, plus $50 per lot, including remainder;
total fee not to exceed $1,000.
[Amended 2-22-1989 by Ord. No. 13-89; 12-19-1989 by Ord. No. 43-89]
(5)
Informal appearance before Planning Board: $50, which
shall be applied to an application fee if application for a subdivision
is filed within three months of the appearance.
[Amended 12-19-1989 by Ord. No. 45-89]
(6)
Fees for resubmission of minor or major subdivision
plats: an amount equal to 50% of the original application fee if it
encompasses the same land as the original subdivision, provided that
the resubmission of a minor or preliminary major plat is filed within
six months of the original subdivision application or within one year
for a final major subdivision application.
B.
Deposit.
(1)
The subdivider shall also deposit with the Borough,
in the form of cash or a certified check, 10% of the estimated total
cost of the improvements, but in no event less than the following,
to cover the cost incurred in the review of the proposed subdivision
plans by the Planning Consultant, Planning Board Attorney or Borough
Engineer or Borough consulting engineers or any other consultant or
specialist employed by said Borough or the governing body:
[Amended 12-19-1989 by Ord. No. 45-89; 5-2-1991 by Ord. No. 13-91]
(2)
If said deposit shall be insufficient, such additional
sums as may be necessary shall be paid by the subdivider before the
subdivision approval is granted or the improvement is accepted by
the Borough. Any balance from the deposit, after review and inspection
costs through final approval and acceptance of the improvements by
the Borough have been deducted therefrom, shall be refunded to the
subdivider. Said refund, if any, shall not be made until all inspections
have been made and the improvements have been accepted by the Borough
of Hopatcong and the performance bond, if any, has been released.[1]
[1]
Editor's Note: Original § 67-16,
Appeals from Planning Board decision to governing body, which immediately
followed this section, was repealed 4-4-1991 by Ord. No. 8-91.
