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]

(1) Three completed application forms.

(2) Ten copies of any proposed minor subdivision plat conforming to the provisions of § 209-16 and supporting materials.

(3) Fees as required in § 209-15.

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, 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.

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:

(1) Borough Clerk.

(2) Borough Engineer.

(3) Borough Construction Official.

(4) Borough Tax Assessor.

(5) Secretary of the Board of Health.

(6) Secretary of the County Planning Board.

(7) Secretary of the Borough Planning Board.

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]

(1) Three completed applications forms.

(2) Ten copies of any proposed subdivision plat conforming to the provisions of § 209-17 and supporting materials.

(3) Fees as required in § 209-15.

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:

(1) Borough Engineer.

(2) Secretary of the Board of Health.

(3) Environmental Commission.

(4) Such other officials as directed by the Planning Board.

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]

(1) Three completed applications forms.

(2) Copies of the proposed final plat and supporting materials as provided in §§ 209-12B and C and 209-18.

(3) Fees as required in § 209-15.

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:

(1) Installed all improvements required under § 209-19, in accordance with all applicable requirements.

(2) Installed all improvements required under § 209-20, in accordance with all applicable requirements, or has posted a performance guaranty with the Borough Clerk to assure the completion of such improvements.

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.

F. The Secretary of the Planning Board shall distribute copies of the proposed final plat to the following, for review and recommendation:

(1) Borough Engineer.

(2) Secretary of the Board of Health.

(3) Environmental Commission.

(4) Such other officials as directed by the 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:

(1) Borough Clerk.

(2) Borough Engineer.

(3) The Board of Education of the Borough of Hopatcong.

(4) Borough Construction Official.

(5) Borough Tax Assessor.

(6) County Planning Board.

(7) Official issuing certificates for approved lots.

(8) Secretary of the Board of Health.

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.