Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[Amended 12-20-1989 by Ord. No. 1510]
Any owner of land within the Borough of Hawthorne shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the Zoning Administrator at least two weeks prior to a regular meeting of the Board for consideration at the work session of the Board:
A. 
An appropriate application, together with an application fee, which shall be as provided in Chapter 220, Fees.
B. 
An original and 14 copies of a sketch plat of the proposed subdivision for purposes of classification, preliminary discussion and distribution as hereinafter provided for. The Secretary shall thereupon submit one copy of said sketch map to the Borough Engineer, two copies to the County Planning Board, if applicable, a copy to the Subdivision Committee for such classification or to a Review Committee, if appointed.
A. 
If the application is classified as a minor subdivision by unanimous action of the Subdivision Committee, said Committee shall retain the application for discussion and review by it. The Board shall consider the same. If said application is approved by the Subdivision Committee and the Planning Board, a notation to that effect will be made on the original and all copies of the sketch plat by the Chairman of the Committee and Secretary to the Board. Where the application presents any question as to the adequacy of drainage facilities affecting any county road or roads, two of such copies of the sketch plat shall be forwarded to the County Planning Board for its consideration by the Secretary of the Planning Board. In any instance where copies have been forwarded to the County Planning Board for its approval as aforesaid, signature by the Chairman of the Subdivision Committee and Secretary of the Planning Board shall await receipt of favorable advice from the County Planning Board. Following approval by the Planning Board and, where applicable, approval by the County Planning Board and the signing of the sketch plat by the Chairman and Secretary of the Planning Board, the Secretary shall, within one week thereafter, return an approved sketch plat to the subdivider and shall furnish one copy each to the following:
[Amended 12-20-1989 by Ord. No. 1510]
(1) 
The applicant.
(2) 
The Borough Clerk.
(3) 
The Borough Engineer.
(4) 
The Zoning Administrator.
(5) 
The Tax Assessor.
(6) 
The Building Inspector.
(7) 
The Board of Health.
(8) 
The County Planning Board (two).
(9) 
The Board file.
(10) 
The Board Attorney file.
B. 
Within 90 days from the return of the approved sketch plat to the subdivider, the subdivider shall file with the county recording officer either a deed description or a map conforming to the requirements set out in N.J.S.A. 46:23-9.10 or other pertinent laws concerning maps required to be filed with county recording officers. If a deed is used, an original and five copies shall be delivered to the Secretary for signature by the Chairman and Secretary for distribution as follows:
[Amended 12-20-1989 by Ord. No. 1510]
(1) 
The original to the applicant.
(2) 
A copy to the Borough Engineer.
(3) 
A copy to the Tax Assessor.
(4) 
A copy to the Zoning Administrator.
(5) 
A copy to the Board file.
(6) 
A copy to the Board Attorney file (see appropriate language below).
C. 
No land for which a minor subdivision has been approved within the preceding two years shall be permitted to be subdivided by minor subdivision. Any further application occurring within such two-year period shall be treated as a major subdivision of the entire plat of which the premises to be subdivided forms a part.
[Amended 12-20-1989 by Ord. No. 1510]
A. 
If the application is classified by the Subdivision Committee and the Board as a major subdivision, a notation to that effect shall be made on the sketch plat, signed by the Chairman and Secretary, which shall thereupon be returned to the subdivider and the following agencies for compliance with this section and § 450-6 of this chapter:
(1) 
The applicant.
(2) 
The Borough Clerk.
(3) 
The Borough Engineer.
(4) 
The Building Inspector.
(5) 
The Board of Health.
(6) 
The Zoning Administrator.
(7) 
The County Planning Board (two).
(8) 
The Tax Assessor.
(9) 
The Board file.
(10) 
The Board Attorney file.
B. 
At least 15 black-on-white prints of the preliminary plat, together with four completed application forms for preliminary approval, shall be submitted to the Zoning Administrator three weeks prior to the Planning Board work session meeting at which consideration is desired. The Zoning Administrator shall deliver copies to the Secretary for distribution as follows:
(1) 
County Planning Board for review (two).
(2) 
Borough Engineer for review.
(3) 
Board Attorney for review.
(4) 
Board of Health.
(5) 
Such other agencies as the matter warrants.
(6) 
Borough Clerk for public inspection.
C. 
The applicant shall notify by mail, at least 10 days prior to the hearing, all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record and present proof, by affidavit, of such notification at the time of the hearing. Said notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Borough Clerk for public inspection. The applicant shall cause a notice of the hearing to be published in a newspaper of general circulation in the municipality at least 10 days prior to the hearing and shall present proof by affidavit.
D. 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:
(1) 
Secretary of Planning Board for review (two).
(2) 
Borough Engineer for review.
(3) 
Planning Board Attorney for review.
(4) 
Board of Health.
(5) 
Such other agencies as the matter warrants.
(6) 
Borough Clerk for public inspection.
E. 
The Planning Board shall act upon the preliminary plat within 45 days after submission to the Zoning Administrator or such additional time as the applicant and the Board may agree upon, but in no case before receiving the report of the County Planning Board. If the report of the county requires changes on the plat, the applicant shall be advised to comply and to resubmit 15 copies of the revised plat which the county and Borough reviewing agencies shall receive and comment thereon. This shall also apply to changes required by the Planning Board. In all cases, the recommendations of the County Board shall be given careful consideration in the final decision of the Local Planning Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and, if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board or County Planning Board disapproves a plat, the reason for disapproval shall be remedied prior to further consideration. No application shall be deemed complete until maps are in compliance with the County Planning Board or this Board. The person submitting a plat shall be notified of the action of the Planning Board within 45 days of its submission. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply.
[1]
Editor's Note: N.J.S.A. 40:27-12 was repealed by L. 1968, c. 285, § 22, eff. 12-31-1969. See now N.J.S.A. 40:27-6.1 et seq.
F. 
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat by the signature of the Chairman and Secretary, and the plats shall be distributed by the Secretary in accordance with the provisions of this section.
G. 
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:
(1) 
That the general terms and conditions under which the preliminary approval was granted will not be changed.
(2) 
That said applicant may submit on or before the expiration date the whole or part or parts of said plat for final approval.
[Amended 12-20-1989 by Ord. No. 1510]
A. 
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article IV or the Planning Board shall require the posting of adequate performance guaranties, as set by the Borough Engineer and approved by the Planning Board Attorney and Borough Attorney, to assure the installation of the required improvements. No certificate of occupancy shall be issued until the improvements required by this chapter and other Borough ordinances concerning new construction have been installed.
B. 
The final plat, the original tracing, one translucent tracing cloth copy, two cloth prints, 15 black-and-white prints and four copies of completed application forms shall be submitted to the Zoning Administrator for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Zoning Officer shall notify the Secretary of the Planning Board upon receipt of a final plat, and the Planning Board shall act upon the final plat within 45 days after the date of submission for final approval to the Zoning Administrator and upon the applicant posting the required performance bond.
C. 
Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
D. 
The plat shall be accompanied by a statement by 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 one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations.
(2) 
A performance guaranty has been posted with the Planning Board and Borough Clerk in sufficient amount to assure the completion of all required improvements.
E. 
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12[1] shall be forwarded to the County Planning Board for its action prior to final approval by the Planning Board.
[1]
Editor's Note: N.J.S.A. 40:27-12 was repealed by L. 1968, c. 285, § 22, eff. 12-31-1969. See now N.J.S.A. 40:27-6.1 et seq.
F. 
If the Planning Board accepts a final plat, approved by the County Planning Board, if required, and the Borough Engineer, and if the performance bond has been accepted, it shall take action thereon at its next regular meeting, noting its action thereon, and the Chairman and Secretary shall affix their signatures thereto.
G. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) 
The applicant.
(2) 
The Borough Clerk.
(3) 
The Borough Engineer.
(4) 
The Building Inspector.
(5) 
The Tax Assessor.
(6) 
County Planning Board (two).
(7) 
The Board of Health.
(8) 
The Zoning Administrator.
(9) 
The Board file.
(10) 
The Board Attorney file.
(11) 
The Department of Public Works, Parks and Public Property.
H. 
The final plat, after final approval by the Planning Board, shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire, except that an applicant may elect to provide deeds covering the subdivision, as provided in § 450-4B.
I. 
No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the Planning Board of the Borough of Hawthorne and signed by the Chairman and Secretary.