A. 
Any owner of land within the Township of Hardyston may, prior to subdividing or resubdividing land where such subdivision is desired to qualify as a minor subdivision, submit an application for minor subdivision approval to the Secretary of the Planning Board in accordance with Chapter 33, Land Use Procedures, accompanied by fees and deposits in appropriate amounts as specified in Chapter 88, Fees.
B. 
Approval.
(1) 
If approved as a complete application for a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect shall be made on the minor subdivision plat and the Subdivision Committee shall report its action at the next meeting of the Planning Board. The acceptance of such a report by the Planning Board or the approval of the minor subdivision by the Planning Board, in the event that the action of the Subdivision Committee was less than unanimous or in the event that Planning Board approval results without the report of the Subdivision Committee, shall constitute approval of the application as a minor subdivision. The Subdivision Committee or the Planning Board may condition such approval on terms insuring the provisions of improvements pursuant to Sections 29, 29.1, 29.2 and 41 of the Municipal Land Use Law, c. 291, L. 1975. The Planning Board Chairperson and Planning Board Secretary shall then affix their signatures on the plat upon receipt of the report of the County Planning Board review or upon the expiration of the time in which the county may make such a report as hereinafter set forth.
(2) 
If the proposed division of land is exempt from Planning Board action because it is not a subdivision, as defined herein, a notation that the subdivision is "exempt" shall be made by the Planning Board.
(3) 
Upon the applicant filing an application for minor subdivision with the Secretary of the Planning Board, the applicant shall immediately file a copy of his or her subdivision application with the County Planning Board in accordance with its requirements.
(4) 
The copy of the proposed deed, as hereinbefore referred to, should be filed with the County Planning Board in connection with the applicant's application, and a notation to that effect shall be made by the Secretary of the Planning Board on the Township's application. If, within 30 days after receiving the plat, the County Planning Board does not respond to the Secretary of the Hardyston Township Planning Board, the plat shall be deemed to have been approved by the County Planning Board. If, within 30 days after receiving the plat, the Sussex County Planning Board shall make a report to the Secretary of the Township Planning Board, any conditions imposed by the County Planning Board shall be appended to the Township's application. Three signed copies of the plat, together with the signed deed, shall be returned to the applicant within one week following the next regular meeting of the Planning Board. The plat shall also be signed by the Municipal Engineer, which shall evidence compliance with all approved design and improvement standards. No further Planning Board approval shall be required.
C. 
Furnishing of copies. The Secretary of the Planning Board shall forward one copy to each of the following:
(1) 
Municipal Clerk.
(2) 
Municipal Engineer.
(3) 
Construction Official and/or Zoning Officer.
(4) 
Tax Assessor.
(5) 
Secretary of the Planning Board.
(6) 
County Planning Board.
(7) 
Secretary of the Board of Health.
D. 
Filing of deed description. Either a deed or plat shall be filed with the County Recording Officer in accordance with the provisions of § 33-8A of Chapter 33, Land Use Procedures.
E. 
Notation of major subdivision. If a plat is not approved as a minor subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures applicable to major subdivision as set forth in this chapter.
[Amended 7-18-2000 by Ord. No. 2000-14]
A. 
Preliminary plat maps and applications shall be filed in accordance with the requirements of Chapter 33, Land Use Procedures, together with the required fee therefor. If the applicant is not the record owner of the title to the property being subdivided, he or she shall file a written consent signed by the owner consenting to the making of the application. The Secretary of the Planning Board shall forward one copy thereof to the Municipal Clerk. The developer shall file three copies with the County Planning Board. The County Planning Board shall have 30 days to review and respond.
B. 
The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provisions of Chapter 33, Land Use Procedures, and N.J.S.A. 40:55D-12. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer 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 N.J.S.A. 40:55D-12.
C. 
Copies.
(1) 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:
(a) 
Municipal Engineer.
(b) 
Secretary of Board of Health.
(c) 
Municipal Planning Consultant.
(d) 
Such other municipal, county or state officials as directed by the Planning Board.
(2) 
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 of the Township of Hardyston 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.
D. 
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, viz., for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of the submission and in the case of a subdivision of more than 10 lots, it 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 developer. Otherwise the Planning Board shall be deemed to have granted preliminary approval to the subdivision. If the plat is disapproved, the reasons for disapproval shall be given to the subdivider.
E. 
Approval of any application shall be conditioned on certification by the Sussex County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of c. 251, L. 1975.
F. 
If the Planning Board acts favorably on a preliminary plat, the Chairperson of the Planning Board shall affix his or her signature to the plat with a notation that it has received preliminary approval and returned to the subdivider for compliance with final approval requirements.
G. 
A copy of the action taken by the Planning Board shall be forwarded to the Municipal Clerk.
H. 
Rights.
(1) 
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:
(a) 
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;
(b) 
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; and
(c) 
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.
(2) 
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 H(1)(a), (b) and (c) 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 and 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. 
Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in these regulations under the supervision and inspection of the Township Engineer, except that the Planning Board may accept a performance guaranty approved by the Township attorney in the amount equal to 120% of the estimated cost of the improvements, of which 10% of the total amount shall be in cash or a certified check for the later installation of improvements.
[Amended 7-18-2000 by Ord. No. 2000-14]
B. 
The amount of the performance guaranty may be reduced or released in accordance with the provisions of  N.J.S.A. 40:55D-53.
[Amended 7-18-2000 by Ord. No. 2000-14]
A. 
The final plat shall be submitted to the Secretary of the Planning Board for final approval within the time specified in § 158-6H of this chapter and in accordance with the provisions of Chapter 33, Land Use Procedures.
B. 
Filing. 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 Planning Board may extend the time for filing for an additional period not to exceed 190 days from the date of the plat.
C. 
No plat shall be offered for filing to the County Recording Officer unless it has been duly approved by the Township Planning Board and signed by the Chairperson and Secretary.[1]
[1]
Editor's Note: Original Section 5.5, Right of Appeal, was deleted 7-18-2000 by Ord. No. 2000-14.
No subdivision, either minor or major, shall be approved by the Planning Board or by the Zoning Board of Adjustment when required on variance or otherwise, unless all taxes and municipal assessments made against the parcel to be subdivided shall have been paid in full.