A.
Planning Board as approving authority. In accordance with Chapter 291 of the Laws of 1975,[1] the Planning Board shall act as approving authority for subdivision plats as a condition for filing such plats with the county recording officer, either individually or as a part of a simultaneous application, and for site plan approval as follows:
(1)
For minor subdivisions.
(2)
For preliminary and final major subdivisions and site plans.
(3)
For subdivisions and site plans which also require conditional use approval.
(4)
For minor and major subdivisions which require site plan approval.
(5)
For subdivisions and site plans which also require planned development approval.
(6)
For subdivisions and site plans in which a variance is requested, in accordance with N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements, provided that relief from lot area requirements shall not be granted for more than one lot.
(7)
Concept review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
[Added 11-10-1980 by Ord. No. 80-10]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Board of Adjustment as approving authority. In accordance with Chapter 291 of the Laws of 1975,[2] the Board of Adjustment shall act as approving authority for subdivision plats as a condition for filing such plats with the county recording officer and for site plan approval as follows: where a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which a subdivision and/or a site plan is a part of the application.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Exception in application of regulations. Except for public hearings, the approving authority, when acting upon applications for minor preliminary and final subdivision approval and preliminary and final site plan approval, shall have the power to grant such exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions of this chapter, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
E.
Simultaneous review and approval. Except as provided in Subsection C of this section, the approving authority shall have the power to review and approve one or more land use ordinance requirements simultaneously with review for subdivision and site plan approval without the applicant being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include references to the request for such conditional use or use variance.