A.
Waiver of notice and hearing for fully compliant subdivision. The
approving board may waive public notice and hearing for a plan if
it is found that the subdivision of land contains not more than three
lots fronting on an existing street, does not involve any new street,
road, extension of municipal facilities, planned development, and
does not adversely affect the development of the remainder of the
parcel or adjoining property and is not in conflict with any provision
of the Borough Master Plan or this Part 1, and does not involve any
variance relief.
B.
Filing. Minor subdivision applications shall be filed with the administrative
officer at least 21 days prior to the regular meeting of the Board
at which the applicant wishes to be heard. At the time of submission,
the developer shall pay all fees and submit the required number of
copies of the application, maps and other documents as specified in
this Part 1.
C.
Distribution of plans. Copies of the minor subdivisions shall be
forwarded by the Board Secretary to the Borough Engineer, Board Planner,
County Planning Board, the Borough Police Chief, and Borough Fire
Chief prior to public hearing, and the Borough Engineer and Planner
shall file a written report on their review, where applicable. Notice
of the application for development shall also be filed with the Zoning
Officer, Tax Assessor and Tax Collector.
D.
Determination of completeness. The administrative officer shall forward
the application to the approving board. If the application for development
is found to be incomplete, the developer shall be notified in writing
of the deficiencies therein within 45 days of submission of such application
or it shall be deemed to be properly submitted. An application will
be determined to be complete if fees have been paid and if it contains
the details required in this Part 1. No application will be determined
to be complete until all taxes have been paid. After determining an
application to be complete, the Board shall establish the date of
public hearing.
E.
Time for approval.
(1)
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the administrative
officer 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 minor subdivision approval, and a certificate
of the administrative officer 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
Office for purposes of filing subdivision plats.
(2)
Minor subdivision approval shall be deemed to be final approval of
the subdivision, provided that the Board may condition such approval
on terms ensuring the provision of improvements.
F.
Outside agency review and approval. Whenever review or approval of
the subdivision by the Middlesex County Planning Board or Freehold
Soil Conservation District is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), the Board shall condition any approval
that it grants upon timely receipt of an approval or exemption from
the said outside agencies of approval. The same conditions shall apply
with regard to all outside agencies having jurisdiction, including
but not limited to the Department of Transportation, the Department
of Environmental Protection, the Department of the Treasury, the Department
of Community Affairs, the Federal Communications Commission, the Federal
Aviation Administration, or similar government agencies.
G.
Recording. Except as provided in Subsection I of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provision of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
H.
Effect of approval. 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 on which the resolution of minor subdivision approval
is adopted, provided that the approved minor subdivision shall have
been duly recorded as provided in this section.
I.
Extension period for filing.
(1)
The approving board may extend the period of 190 days for filing a minor subdivision plat or deed pursuant to Subsection G of this section if the developer provides to the reasonable satisfaction of the Planning Board that:
(2)
The length of the extension shall be equal to the period of the delay
caused by the wait for the required approvals, as determined by the
approving board. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
J.
Extension of approval. The Planning Board may grant an extension
of minor subdivision approval for a period determined by the Board
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
approving board that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. A developer shall apply for the extension
before:
A.
Filing. Preliminary plats of major subdivisions shall be filed with the administrative officer at least 21 days prior to the regular meeting of the Board at which the applicant wishes to be heard. At the time of submission, the developer shall pay all fees and submit the required number of copies of the application, plat and such other information in accordance with all appropriate sections of this Part 1. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. However, if the applicant desires to be considered for a waiver of providing detailed final construction plans as required by this Part 1 for final approval, then the preliminary plans submitted must be of sufficient detail and accuracy to permit such waiver. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
C.
Determination of completeness: the same as specified in § 295-24D of this article, except that the application must contain the details required in this Part 1. If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
D.
Amendments. If the Board requires any substantial amendment in the
layout of improvements proposed by the applicant that have 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.
The Board shall, if the proposed subdivision complies with the standards
and provisions of this Part 1, grant preliminary approval to the subdivision.
E.
Time for approval. Upon the submission to the administrative officer
of a complete application for a subdivision of 10 or fewer lots, the
approving board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the applicant. Upon the submission to the administrative
officer of a complete application for a subdivision of more than 10
lots, the approving board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the applicant. Failure of the approving
authority to act within the above-prescribed time periods shall be
deemed to have granted preliminary subdivision approval.
F.
Notice. Notice of hearings on major subdivision applications shall
be given by the applicant in accordance with the provisions of N.J.S.A.
40:55D-12, and affidavits of publication and service shall be required
before public hearings are held.
H.
Recording. Two preliminary plans shall be filed by the applicant
with the Middlesex County Planning Board. If the Middlesex County
Planning Board fails to act on the subdivision application within
a thirty-day period, the application shall be deemed to have been
approved by the County Planning Board. However, by mutual agreement
between the County Planning Board and the approving board, and with
the approval of the applicant, the thirty-day period may be extended
for an additional thirty-day period. Any such extension shall so extend
the time within which the municipal approving board shall be required
by law to act. Should the Middlesex County approving board fail to
receive an approved extension of time, and the Secretary of the County
Planning Board shall attest on the final plan to the failure of the
County Planning Board to report within the required time period, such
attestation shall be sufficient authorization for further Borough
action on the application.
I.
Effect of preliminary approval. Preliminary approval of a major subdivision shall, except as provided in Subsection I(4) of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(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 municipality 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 approving 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 may govern.
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the approving board may grant the rights referred to in Subsection I(1), (2) and (3) of this section for such period of time, longer than three years, as shall be determined by the approving board to be reasonable, taking into consideration a) the number of dwelling units permissible under preliminary approval, b) economic conditions and c) 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 approving board to be reasonable, taking into consideration a) the number of dwelling units permissible under preliminary approval, b) the potential number of dwelling units of the section or sections awaiting final approval, c) economic conditions, and d) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(5)
Whenever the approving board grants an extension of preliminary approval pursuant to Subsection I(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The approving board shall grant an extension of preliminary approval for a period determined by the approving board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the approving board from granting an extension pursuant to Subsection I(3) and (4) of this section.
A.
Filing. Final plats of major subdivisions shall be filed with the administrative officer at least 21 days prior to the regular meeting of the Board at which the applicant wishes to be heard and within three years from the date of preliminary approval. At the time of submission, the developer shall pay all fees and submit the required number of copies of the application, plat and such other information in accordance with all appropriate sections of this Part 1. Unless the preliminary plat for subdivision approval was approved without changes, the final plat and final construction plans shall have incorporated all changes or modifications as were required by resolution of the Board. The approving board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this Part 1 for final approval, the conditions for preliminary approval and the standards prescribed by the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Status of improvements. The final plat shall be accompanied by a
statement from the Borough Engineer that he is in receipt of a map
showing all utilities or extensions thereof in exact location and
elevation, identifying those portions already installed and those
to be installed, and that the applicant has complied with one or both
of the following:
C.
Determination of completeness. The administrative officer shall forward the application to the Planning Board or the Zoning Board of Adjustment, depending upon which agency has jurisdiction. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein within 45 days of submission of such application or it shall be deemed to be properly submitted. An application will be determined to be complete if fees have been paid and if it contains the details required in Article V of this Part 1. No application will be determined to be complete until all taxes have been paid and until all necessary stream encroachment permits, sanitary sewer extension permits, soil erosion and sediment control approvals and other required approvals have been obtained. After determining an application to be complete, the Board shall establish the date of public hearing.
D.
Time for approval. The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions of preliminary approval and the standards
prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.). Final approval shall be granted or denied within 45 days
after notification that the application is complete or within such
further time as may be consented to by the applicant. Failure of the
Board to act within the period prescribed shall constitute final approval,
and a certificate of the Board Secretary as to the failure of the
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 purposes of filing subdivision plats.
F.
Recording. After final approval, an applicant shall file the final
subdivision plan which conforms to the Map Filing Law, clearly describing
the approved subdivision, with the County Clerk, the Municipal Engineer
and the Municipal Tax Assessor.
G.
Conditions of approval. Where the final approval contains conditions,
if all conditions are not complied with within 180 days from the date
of final approval, or within such additional time as the approving
board shall allow, the final approval shall lapse.
H.
Signing. Approved final plats shall be signed by the Board Chairman
and Secretary.
I.
Extension of approval.
(1)
The Board may extend the ninety-five-day period if the developer
proves to the reasonable satisfaction of the Board that:
(2)
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the
Board. The developer may apply for an extension either before or after
the original expiration date.
J.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the approving board may extend such period of protection by extensions of one year, but there shall not be more than three extensions. Notwithstanding any other provisions of this Part 1, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(2)
In the case of a subdivision for a planned development of 50 acres
or more or major conventional subdivision or site development plan
for 150 acres or more, the approving board may grant the rights referred
to herein for such period of time, longer than two years, as shall
be determined by the approving board to be reasonable, taking into
consideration a) the number of dwelling units and nonresidential floor
area permissible under final approval, b) economic conditions, and
c) the comprehensiveness of the development. The applicant may apply
for thereafter, and the approving board may thereafter grant, an extension
of final approval for such additional period of time as shall be determined
by the approving board to be reasonable, taking into consideration
a) the number of dwelling units and nonresidential floor area permissible
under final approval, b) the number of dwelling units and nonresidential
floor area remaining to be developed, c) economic conditions, and
d) the comprehensiveness of the development.
(3)
Whenever the approving board grants an extension of final approval pursuant to Subsection J(1) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The approving board shall grant an extension of final approval for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued these approvals.
(a)
A developer shall apply for the extension before what would
otherwise be the expiration date of final approval or the 91st day
after the developer receives the last legally required approval from
other governmental entities, whichever occurs later.
(5)
After Board approval of a final plat, the plans shall not be subject
to change except for minor engineering changes approved by the Borough
Engineer. If problems are experienced with construction on the site,
all means of construction necessary to remedy the problems as required
by the Borough Engineer shall be so performed by the developer. However,
any change in site design subsequent to approval shall be regarded
as a separate plan, and site development plans showing the proposed
new design shall be submitted under the requirements of this section
and shall be separately approved under the provisions set forth herein.
A.
Minor site plan waiver of hearing. 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 site plan," does not adversely affect the remainder of the
site or adjoining property and is not in conflict with any provision
of the Borough Master Plan and this Part 1.
B.
Filing. Minor site plan applications shall be filed with the administrative
officer at least 21 days prior to the regular meeting of the Board
at which the applicant wishes to be heard. At the time of submission,
the developer shall pay all fees and submit the required number of
copies of the application, maps and other documents as specified in
this Part 1. If the applicant is not the owner of record of the land,
then all contractual agreements concerning its use shall be submitted.
C.
Distribution of plans. Copies of the minor site plan shall be forwarded
by the Board Secretary to the Borough Engineer, Board Planning Consultant
and County Planning Board prior to public hearing, and the Borough
Engineer and Planner shall file a written report on their review,
where applicable. Notice of the application for development shall
also be filed with the Zoning Officer, Tax Assessor and Tax Collector.
D.
Determination of completeness. The administrative officer shall forward the application to the Planning Board or the Zoning Board of Adjustment, depending upon which agency has jurisdiction. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein within 45 days of submission of such application or it shall be determined to be properly submitted. An application will be determined to be complete if fees have been paid and if it contains the details required in Article V of this Part 1. No application will be determined to be complete until all taxes have been paid. After determining an application to be complete, the Board shall establish the date of public hearing.
E.
Time for approval.
(1)
Minor site plan approval shall be granted or denied within 45 days
of the date of submission of a complete application or within such
further time as may be consented to by the applicant. Failure of the
approving board to act within 45 days shall constitute minor site
plan approval, and a certificate of the Board Secretary as to the
failure of the 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 purposes of filing site plans.
(2)
Minor site plan approval shall be deemed to be final approval of
the site plan by the Board, provided that the Board or said subcommittee
may condition such approval on terms ensuring the provision of improvements.
G.
Recording. Minor site plan approval shall expire 190 days from the
date on which the resolution of municipal approval is adopted unless
within such period a plan in conformity with such approval is filed
by the applicant with the County Recording Officer, the Borough Engineer
and the Borough Tax Assessor. Any such plan for filing shall have
been signed by the Chairman and Secretary of the approving board.
H.
Effect of approval. The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site
plan approval was granted shall not be changed for a period of two
years after the date of minor site plan approval. The Planning Board
shall grant an extension of this period for a period determined by
the Board, but not exceeding one year from what would otherwise be
the expiration date, if the developer proves to the reasonable satisfaction
of the Board that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities
and that the developer applied promptly for and diligently pursued
the approvals. A developer shall apply for this extension before what
would otherwise be the expiration date or the 91st day after the date
on which the developer receives the last of the legally required approvals
from the other governmental entities, whichever occurs later.
A.
Filing. Preliminary site plans shall be filed with the administrative officer at least 21 days prior to the regular meeting of the Board at which the applicant wishes to be heard. At the time of submission, the developer shall pay all fees and submit the required number of copies of the application, site plan and such other information in accordance with all appropriate sections of this Part 1. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
B.
(Reserved)
C.
E.
Amendments. If the Board requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application for development shall
be submitted and proceeded upon as in the case of the original application
for development. The Board shall, if the proposed development complies
with the requirements of this Part 1 and other applicable ordinances,
grant preliminary site plan approval.
F.
Time for approval. Preliminary site plan approval for a site plan
of 10 acres of land or less and 10 dwelling units or less shall be
granted or denied within 45 days after notification that the application
is complete or within such further time as may be consented to by
the developer. Preliminary site plan approval for a site plan for
more than 10 acres and more than 10 dwelling units shall be granted
or denied within 95 days after such notification or within such further
time as consented to by the developer. Otherwise, the Board shall
be deemed to have granted approval of the site plan.
G.
Notice. Notice of hearings on major subdivision applications shall
be given by the applicant in accordance with the provisions of N.J.S.A.
40:55D-12, and affidavits of publication and service shall be required
before public hearings are held.
I.
Recording. Two preliminary plans shall be filed by the applicant
with the Middlesex County Planning Board. If the Middlesex County
Planning Board fails to act on the subdivision application within
a thirty-day period, the application shall be deemed to have been
approved by the County Planning Board. However, by the mutual agreement
between the County Planning Board and the approving board, and with
the approval of the applicant, the thirty-day period may be extended
for an additional thirty-day period. Any such extension shall so extend
the time within which the municipal approving authority shall be required
by law to act. Should the Middlesex County Planning Board fail to
receive an approved extension of time and the Secretary of the County
Planning Board shall attest on the final plan to the failure of the
County Planning Board to report within the required time period, such
attestation shall be sufficient authorization for further Borough
action on the application.
J.
Effect of preliminary approval. Preliminary approval of a major site plan shall, except as provided in Subsection J(4) of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(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 municipality 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 site plan.
(3)
That the applicant may apply for and the approving 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 may govern.
(4)
In the case of a site plan for an area of 50 acres or more, the approving board may grant the rights referred to in Subsection J(1), (2) and (3) of this section for such period of time, longer than three years, as shall be determined by the approving board to be reasonable, taking into consideration a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, b) economic conditions and c) 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 approving board to be reasonable, taking into consideration a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, c) economic conditions, and d) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(5)
Whenever the approving board grants an extension of preliminary approval pursuant to Subsection J(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The approving board shall grant an extension of preliminary approval for a period determined by the approving board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the approving board from granting an extension pursuant to Subsection J(3) or (4) of this section.
A.
Filing. Final plans of major site plans shall be filed with the administrative
officer at least 21 days prior to the regular meeting of the Board
at which the applicant wishes to be heard and within three years from
the date of preliminary approval.
(1)
At the time of submission, the developer shall pay all fees and submit the required number of copies of the application, plat and such other information in accordance with all appropriate sections of this Part 1.
(2)
Unless the preliminary site plan approval was approved without changes,
the final plan and final construction plans shall have incorporated
all changes or modifications as were required by resolution of the
Board.
(3)
The approving board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this Part 1 for final approval
and the conditions for preliminary approval.
B.
Status of improvements. The final plat shall be accompanied by a
statement from the Borough Engineer that he is in receipt of a map
showing all utilities or extensions thereof in exact location and
elevation, identifying those portions already installed and those
to be installed, and that the applicant has complied with one or both
of the following:
C.
Determination of completeness. The administrative officer shall forward the application to the Planning Board or the Zoning Board of Adjustment, depending upon which agency has jurisdiction. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein within 45 days of submission of such application or it shall be deemed to be properly submitted. An application will be determined to be complete if fees have been paid and if it contains the details required in Article V of this Part 1. No application will be determined to be complete until all taxes have been paid and until all necessary stream encroachment permits, sanitary sewer extension permits, soil erosion and sediment control approvals and other required approvals have been obtained. After determining an application to be complete, the Board shall establish the date of public hearing.
D.
Time for approval. The Planning Board shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval, provided that in the case of a planned unit development,
planned unit residential development or residential cluster, the Planning
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by change of conditions beyond the control of
the developer since the date of preliminary approval without the developer
being required to submit another application for development for preliminary
approval. Final approval shall be granted or denied within 45 days
after notification that the application is complete or within such
further time as may be consented to by the applicant. Failure of the
Board to act within the period prescribed shall constitute final approval,
and a certificate of the Board Secretary as to the failure of the
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 purposes of filing subdivision plats.
F.
Recording. After final approval, an applicant shall file the final
subdivision plat which conforms to the Map Filing Law,[1] clearly describing the approved subdivision, with the
County Clerk, the Municipal Engineer and the Municipal Tax Assessor.
Final approval of a major site plan shall expire 95 days from the
date of signing of the plats unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may, for good cause shown, extend the period of
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
G.
Conditions of approval. Where the final approval contains conditions,
if all conditions are not complied with within 180 days from the date
of final approval, or within such additional time as the approving
board shall allow, the final approval shall lapse.
H.
Signing. Approved final plans shall be signed by the Board Chairman
and Secretary.
I.
Extension of approval. The approving board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Planning Board that 1) the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities, and 2) the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for an extension either before or after the original
expiration date.
J.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval is
adopted. If the developer has followed the standards prescribed for
final approval, the Planning Board may extend such period of protection
for extensions of one year but not to exceed three extensions. Notwithstanding
any other provisions of this act, the granting of final approval terminates
the time period of preliminary approval.
(2)
In the case of a site plan for a planned development of 50 acres or more, site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection J(1) of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration a) the number of dwelling units and nonresidential floor area permissible under final approval, b) economic conditions and c) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration a) the number of dwelling units and nonresidential floor area permissible under final approval, b) the number of dwelling units and nonresidential floor area remaining to be developed, c) economic conditions, and d) the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection J(1) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other government entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection J(1) or (2) of this section.
A.
Subdivision and site plan approval requirements. Board approval of
the subdivision or site plan shall be granted upon a finding that
the plan complies with the following standards and regulations:
(1)
That the applicant has submitted a plat containing all of the information
and data as provided for in this Part 1.
(2)
That the details of the plat are in accord with the standards of
this Part 1 and of all ordinances of the Borough, including the Master
Plan, as may be in existence at the time of the application.
(3)
That all parking and traffic problems shall be reasonably resolved
and that all parking areas shall provide for safe passage of traffic.
(4)
That adequate provisions are made so as to prevent any surface and
subsurface drainage problems.
(5)
That the location, power, direction and time of any outdoor lighting
will not have an adverse effect upon any properties in adjoining residential
districts by impairing the established character or the potential
use of the properties in such districts.
(6)
That the details of the plat for the authorized use will be such
that the operation will not be detrimental to the public interest.
(7)
That adequate and suitable water supply, sewerage and electrical
facilities are available for use by the proposed use.
B.
Simultaneous review and approval.
(1)
The approving board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
extensions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of an ordinance adopted pursuant
to this article, if the literal enforcement of one or more provisions
of the ordinance is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
(2)
The approving 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 of an ordinance adopted pursuant to this
article, if the literal enforcement of one or more provisions of the
ordinance is impracticable or will exact undue hardship because of
peculiar conditions pertaining to the land in question.
(3)
The Board shall have the power to review and approve or deny conditional
uses or site plans simultaneously with review for subdivision approval
without the developer being required to hold further hearings. The
longest time period for action by the Planning Board, whether it be
for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer
pursuant to this subsection, notice of the hearing on the plat shall
include reference to the request for such conditional use.
C.
Time periods. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to Section 47 of the Municipal Land Use Law (N.J.S.A. 40:55D-60), the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this Part 1. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer 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 purposes of filing subdivision plats.
D.
Conditions of approval.
(1)
Conditions binding. All conditions of any preliminary and final approval
shall be binding upon all present and future owners, tenants, occupants,
lessors, lessees, heirs, assignees, developers, contractors and subcontractors.
(2)
Failure to maintain. All persons receiving development approval for
property or their successors in title shall be responsible for installing,
maintaining and properly utilizing on-site, off-site and off-tract
improvements required by the Board, including, but not limited to,
parking arrangements, buffer zones, drainage facilities, exterior
lighting plans, and other requirements of the Board as reflected on
the plans in the Board minutes. Failure of the property owner to install,
maintain and/or utilize improvements as provided by the site plan
approval shall constitute a violation of this Part 1 and shall be
subject to the enforcement procedures set forth herein.
