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]

(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]

(a) Minor subdivision: $500.

(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.