A. 
Applications and appeals within the jurisdiction of the Planning Board and the Board of Adjustment shall be filed with the respective Secretary for each Board in accordance with the rules and regulations of each Board and the provisions of N.J.S.A. 40:55D-1 et seq. The applicant shall obtain all necessary forms from the Board Secretary who shall inform the applicant as to the procedures and timetable to be followed. All applications shall be accompanied by the applicable fee as set forth in Chapter 171 of this Code.
B. 
Development Review Committee. All applications within the jurisdiction of the Planning Board submitted for concept plan review shall be referred to the Development Review Committee for its review in accordance with §§ 225-60 and 225-67 of this chapter.
[Amended 3-17-2004 by Ord. No. 4-04]
[Amended 9-5-2001 by Ord. No. 17-01]
A. 
The Secretary of the Board with whom an application for development is filed shall mark all documents relating to the application as "received on (the date of submission)" and immediately forward such documents to the Chairman of the Board or the Chairman of the appropriate subcommittee of the Board. An application for development shall be complete for purposes of commencing the applicable time period for action by a Board when so certified by the Board or by the Boards Administrator. In the event that the Board or the Boards Administrator does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for the Board to act unless:
(1) 
The application lacks information required by the checklists set forth in Article IX, Application Checklists; and
(2) 
The Board or the Boards Administrator has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
B. 
Said notice may also set forth the ordinances violated for which variances or exemptions have not been requested, but the failure to set forth such violations in such notice shall not be a waiver of the Board's right thereafter to deny an application because of such violations. The applicant may request that one or more of the submission requirements be waived, in which event the Board or the Boards Administrator shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions of errors in the accompanying documents so required by the Board. If the Board requires a substantial amendment or the applicant submits a substantial amendment to an application, whether or not the application has been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of an original application, and the time of decision shall commence at such time as the amended application is complete (as if it were an original application).
Every application for development submitted to the Planning Board or to the Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the Township will be adequately protected.
A. 
After submission of a complete application to the Secretary of the Board, the Board shall act on an application for development within the time set forth in this chapter for applications of that type as follows:
[Amended 12-9-1996 by Ord. No. 8-96]
Type of Application
Time for
Decision
(1)
For an application involving a variance or an appeal from a decision of an administrative officer relating to enforcement of the provisions of this chapter or a request to direct issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 55D-36
120 days
(2)
For a minor subdivision application
45 days
(3)
For a preliminary major subdivision application:
(a)
10 or fewer lots
45 days
(b)
More than 10 lots
95 days
(4)
For a final major subdivision application
45 days
(5)
For a minor site plan application
45 days
(6)
For a preliminary major site plan application:
(a)
Involving 10 acres or less and 10 dwelling units or less
45 days
(b)
Involving more than 10 acres or more than 10 dwelling units
95 days
(7)
For a final major site plan application
45 days
(8)
For a conditional use permit
95 days
(9)
For a special flood hazard development permit
45 days
B. 
If an application includes a combination of more than one of the applications referred to above, the Board shall act on the combined application within the longest time period permitted for it to act on any of the included applications. If a proposed development requires approval of a subdivision, site plan or conditional use and also seeks the grant of a variance or of a special flood hazard development permit or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 55D-36, the developer may elect to submit separate successive applications to the Board, first for the grant of a variance or special flood hazard development permit or direction for issuance of a permit and subsequently for any required approval of a subdivision, site plan or conditional use. In the event that separate successive applications are filed, the period for granting or denying approval of each application shall be as set forth above for applications of that type.
[Adopted 12-12-1967 by Ord. No. 3-67 as Section 3-2.15B of Subchapter 3-2 of the 1967 Revised General Ordinances; amended in its entirety 11-9-1987 by Ord. No. 13-87]
A. 
Details of applications and fees. Applications for a variance pursuant to N.J.S.A. 40:55D-70c or d, appeals of decisions of an administrative officer of the Township and requests for an interpretation relating to enforcement of the provisions of this chapter pursuant to N.J.S.A. 40:55D-70a or b or for direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 55D-36 shall be accompanied by all of the items set forth on Checklist B,[1] together with payment of an application fee and a technical review fee in accordance with Chapter 171 of this Code.
[Amended 9-4-2002 by Ord. No. 11-02]
[1]
Editor's Note: Checklist B is included at the end of this chapter.
B. 
Time to act. Notwithstanding any shorter time period in which a Board is required on a different type of application which may accompany such a variance application or appeal or request for interpretation or direction for issuance of a building permit, the Board shall act upon any such application within 120 days after submission by the applicant of a complete application to the Secretary of the Board or within such further time as may be consented to by the applicant.
C. 
Period of effectiveness of grant of variance.
[Amended 12-9-1991 by Ord. No. 8-91]
(1) 
If a Board grants a variance not concurrently with or subject to subsequent site plan or subdivision approval, the variance shall expire one year from the date of the decision of the Board unless any authorized development activity has been actually commenced within such one-year period and any authorized development activity is subsequently pursued in a reasonably diligent manner. The Board may approve one or more extensions of such one-year period upon application and payment of the fee provided for in Chapter 171 based on a finding of reasonable justification for the delay or the existence of other good cause.
[Amended 6-16-2010 by Ord. No. 10-10]
(2) 
If a Board grants a variance application concurrently with, or subject to, site plan or subdivision approval, the term of duration of the variation shall be coterminous with the statutory periods governing the effect of any site plan and/or subdivision approvals, as provided by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as amended.
A. 
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through either:
(1) 
A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or
(2) 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action denying an application resulting from the failure of a motion to receive the number of votes required to approve an application shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections B and C of this section.
B. 
A copy of the decision shall be mailed by the Board Secretary within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all persons who request a copy and who have paid the required fee. A copy of the decision shall also be filed by the Board Secretary, who shall make a copy of such filed decision available for public inspection during office hours and a copy available to any interested party upon payment of the required fee.
C. 
A brief notice of the decision, if final, shall be published by the Board Secretary, without charge to the applicant, in an official newspaper of the Township. The applicant may also arrange for such publication.
D. 
Whenever an applicant wishes to claim approval of his application for development by reason of the failure of the Board to grant or deny approval within the applicable time period, the applicant shall comply with the procedural requirements of N.J.S.A. 40:55D-10.4.
[Added 4-11-1988 by Ord. No. 4-88]
If, pursuant to § 225-61B and § 225-68A(2), the Planning Board shall designate a committee of the Planning Board to act on its behalf in connection with any or all applications for minor subdivision approval and minor site plan approval, an appeal from a final decision of such committee with respect to any such application may be made to the Planning Board, provided that such appeal shall be made within 10 days of the date of the first publication of such decision pursuant to § 225-36C. Any such appeal shall be deemed to be an original application to the Planning Board by the person who applied to the committee as of the date of such appeal. Failure to take an appeal pursuant to this section shall not prevent or affect any rights such person might have.
A. 
Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all such conditions for which no deadline is specified (by reference to a date or the occurrence of an event) are fulfilled within 190 days of the date of conditional approval.
B. 
The fulfillment of all conditions precedent shall be reported in writing to the Board Secretary or enforcing officer, who may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision plat or site plan be signed or any building permit, certificate or occupancy, special flood hazard development permit or other permit or other required approval be issued.
C. 
Conditions subsequent. Whenever any application for development is granted preliminary approval subject to conditions which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which is not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing officer and the withholding of any permit, certificate of occupancy or other approval until such condition or conditions are fulfilled.
D. 
Nothing herein contained shall be construed as preventing the Board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for fulfilling a condition for good cause shown.