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.

[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, 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.