B.
Applications to the Joint Planning Board.
(1)
The Joint Planning Board shall render its decision
not later than 45 days from the filing of a complete application in
the following matters:
(a)
Minor subdivisions.
(b)
Preliminary approval of a major subdivision
of 10 or fewer lots and not involving a conditional use.
(c)
Final approval of a major subdivision and not
involving a conditional use.
(d)
Preliminary approval of a site plan for 10 acres
of land or less and not involving a conditional use.
(e)
Final approval of a site plan for 10 acres of
land or less and not involving a conditional use.
(2)
The Joint Planning Board shall render its decision
not later than 95 days from the filing of a complete application in
the following matters:
(a)
Any subdivision or site plan that involves conditional
use approval.
(b)
Preliminary approval of a major subdivision
involving more than 10 lots or of a site plan involving more than
10 acres.
(c)
Any subdivision or site plan that involves exercise
by the Joint Planning Board of its power to grant variances or authorizations
pursuant to this Part 1 or pursuant to law.
C.
Extension of time. The time within which the Joint
Planning Board is required to act may be extended with the consent
of the applicant.
D.
Failure of the Board to act within time. Failure of
the Joint Planning Board to render its decision within the applicable
time period set forth in this section shall constitute an approval
of the application; and, at the request of the applicant, a certificate
shall be issued by the Secretary of the Board certifying that the
Board has failed to act.
E.
Expiration of approvals.
(1)
Minor subdivision.
[Amended 4-22-1993 by Ord. No. 0-1-93]
(a)
Except as provided hereinbelow, 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 provisions of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing
the approved subdivision is filed with the county recording officer,
the Township Engineer and the Township Tax Assessor.
(b)
The Joint Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed pursuant to this
subsection if the developer proves to the reasonable satisfaction
of the Joint Planning Board that 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 that 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 Joint Planning Board. The developer
may apply for the extension either before or after what would otherwise
be the expiration date.
(c)
The Joint Planning Board shall grant an extension
of minor subdivision approval for a period determined by the Joint
Planning Board but not exceeding one year from what would otherwise
be the expiration date if the developer proves to the reasonable satisfaction
of the Joint Planning 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 minor subdivision
approval or the 91st day after the developer receives the last legally
required approval from other governmental entities, whichever occurs
later.
(2)
Major subdivision.
[Amended 4-22-1993 by Ord. No. 0-1-93]
(a)
Except as provided hereinbelow, final approval
of a major subdivision shall expire 95 days from the date of signing
of the plat unless within such period the plat shall have been duly
filed by the developer with the county recording officer. The Joint
Planning Board may, for good cause shown, extend the period for recording
for an additional period not to exceed 190 days from the date of the
signing of the plat.
(b)
The Joint Planning Board may extend the ninety-five-day
or one-hundred-ninety-day period if the developer proves to the reasonable
satisfaction of the Joint Planning Board that 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 that 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 Joint Planning Board.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
(3)
Variance. Any variance granted by the Joint Planning
Board permitting the erection or alteration of any structure or structures
or permitting a specified use of any premises shall expire unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance or unless such
permitted use has actually been commenced within one year from the
date of the determination of the Joint Planning Board; except, however,
that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
Joint Planning Board to the governing body or to a court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding.
A.
All decisions of the Joint Planning Board on an application
for development shall be by written resolution which shall set forth
findings of fact and legal conclusions based thereon.
B.
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 this Part 1. A copy of the decision
shall also be filed in the office of the Township 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 municipality.
C.
Any approval or other relief granted by the Board
shall be conditioned upon either the prompt payment of due or delinquent
taxes or assessments or the making of adequate provision for the payment
thereof in a manner that will adequately protect the municipality.
A brief notice of every final decision shall
be published as required by law. Such publication shall be arranged
by the Secretary of the Joint Planning Board without separate charge
to the applicant. Within 10 days of the date of such decision, said
notice shall be sent to a newspaper of general circulation in the
municipality for publication.
