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.
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.
[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]
(4) Release of guaranty.
(a)
Release of performance guaranty bond: $200.
(b)
Release of maintenance guaranty: $200, plus
$10 per lot.
(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]
(b)
Preliminary major subdivision: $1,000.
(c)
Final major subdivision: $1,000.
(d)
Technical major subdivision: $500.
(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.