[Amended 6-10-1987 by Ord. No. 87-10]
A. An applicant for subdivision or site plan approval
shall, prior to or at the time of filing any application for subdivision
or site plan approval, file an application for classification with
the Secretary of the Land Use Board. Such application shall be filed
at least three weeks prior to the meeting of the municipal agency
to which it is submitted. The application for classification shall
include all copies of the application and supporting filings required
by the checklist.
[Amended 12-28-1989 by Ord. No. 89-15; 3-20-2001 by Ord. No. 01-2]
B. The municipal agency to which the application for
classification is submitted shall review the application for its completeness
as a submission for classification. If the application is complete,
the municipal agency shall classify the development described therein
as involving the major or minor subdivision or site plan review procedure
under this chapter no later than its first regular meeting following
the three-week period if the municipal agency with which the application
for classification has been filed would be the proper approving authority
under such review procedure. If the application is incomplete or if
the nature of the development requested cannot be discerned sufficiently
enough from the application to determine the proper review procedure
or if another municipal agency would be the proper approving authority
under the review procedure involved, then the municipal agency shall
reject the application, decline to classify the development and state
its reasons for such action. No action on an application for classification
shall be construed to be approval of an application for development,
nor shall any action on an application for classification be construed
as prohibiting later rejection of an application for approval, if
subsequently submitted information discloses that the application
has been improperly classified.
[Amended 11-8-1978; 6-10-1987 by Ord. No. 87-10]
Approval of a minor subdivision shall be granted
by the approving authority as follows:
A. The following shall be required prior to approval
of a minor subdivision:
(1) The applicant shall have submitted at least three
weeks prior to the meeting of the approving authority all copies of
the application and supporting filings as required by the checklist. Copies of the sketch plat submitted with an application
for classification may be counted toward the number of sketch plat
copies required for application for minor subdivision.
[Amended 12-28-1989 by Ord. No. 89-15]
(2) The development shall have been classified as a minor
subdivision by the approving authority following the submission of
a completed application for classification to it. Such classification
shall be made by the approving authority at or prior to the time minor
subdivision approval is granted.
(3) The approving authority shall have determined that
the proposed subdivision meets the requirements of this chapter and
the definition herein of a minor subdivision.
B. The approving authority shall review the submission
for minor subdivision approval for its completeness and take action
on accepting or rejecting the submission as a complete application
for minor subdivision approval following the three-week review period
and within 45 days of the submission. Since a complete application
for classification is part of the application for minor subdivision
approval, no submission shall be deemed complete without a complete
application for classification having been submitted to the approving
authority. If incomplete, the application shall be rejected, and the
approving authority shall state its reason for such rejection. If
complete, the approving authority is authorized to waive notice and
public hearing on the application for approval and shall approve or
deny the application or approve it conditionally on terms ensuring
the provision of improvements required by this chapter. Approval as
a minor subdivision shall be deemed final approval of the subdivision,
provided that the approving authority may condition such approval
upon terms ensuring the provision of improvements as stated above.
C. Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless, within such period, a
plat in conformity with such approval and the provisions of the Map
Filing Law or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the approving authority or the Vice Chairman or Assistant Secretary
in their absence, respectively. All conditions upon which approval
is granted shall be adequately noted on the plat or described in the
deed prior to signing by such approving authority officials. In reviewing
the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that if the developer chooses to file the
minor subdivision plat as provided herein rather than record a deed
therefor, such plat shall conform with the provisions of said Act.
D. 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 of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded.
[Amended 11-8-1978; 6-11-1980; 6-10-1987 by Ord. No. 87-10]
With respect to all proposed development requiring
subdivision (other than minor subdivision) or site plan approval hereunder,
the following shall apply:
A. Preliminary approval. Preliminary subdivision and/or
site plan approval shall be obtained at or prior to the time final
subdivision and/or site plan approval is obtained, as follows:
(1) The applicant shall, at least three weeks prior to
the meeting of the approving authority at which preliminary approval
is sought, have submitted to the Secretary all copies of the application
and supporting filings as required by the checklist. In addition, if the development is situated within the Carbonate Rock District, described in Chapter
55 of this Code, the applicant shall at the same time make the checklist submissions required by Chapter
55.
[Amended 12-28-1989 by Ord. No. 89-15; 3-18-1997 by Ord. No. 97-4]
(2) The proposed development shall have been classified
as the type of development requiring site plan or major subdivision
review procedure by the approving authority following the submission
of a completed application for classification. Such classification
shall have been made at or prior to the time preliminary subdivision
or site plan approval is granted.
(3) The approving authority shall review the submission
for preliminary approval for its completeness and shall take action
on accepting or rejecting the submission as a complete application
for such approval following the three-week review period and within
45 days of the submission. Since a complete application for classification
is part of the application for preliminary approval, no submission
shall be deemed complete without a complete application for classification
having been submitted to the approving authority. If incomplete, the
application shall be rejected, and the approving authority shall state
its reason for such rejection, and the approving authority or its
Secretary shall notify the developer in writing of the deficiencies
in the application within 45 days of the submission of such application,
or it shall be deemed to be properly submitted. If accepted as a complete
application for preliminary approval, a public hearing date shall
be set and notice given as required by this chapter, unless the proposed
development involves only a minor site plan, in which case public
hearing and notice shall not be required.
(4) Upon submission of a preliminary plat and before approval
of such plat, the applicant shall submit one copy of the plat and
supporting data to the County Land Use Board, and the approving authority
Secretary shall submit one copy of such materials to the Township
Environmental Commission and any other agency or person as directed
by the approving authority for their review and action. Each shall
have 30 days from receipt of the plat to report to the approving authority.
Any such report shall state the reasons for any unfavorable recommendation.
The preliminary approval application shall not be delayed because
any agency or person fails to report to the approving authority within
the thirty-day period. However, upon mutual agreement between the
County Land Use Board and the approving authority, with approval of
the applicant, the thirty-day period for a County Land Use Board report
may be extended for an additional period of time, and any extension
shall so extend the time within which the approving authority is required
to act.
(5) If the approving authority requires any substantial
amendment in the layout of improvements in either a site plan or subdivision
proposed by the developer that has 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.
(6) If the submission to the approving authority is complete,
following the required hearing, the approving authority may approve,
disapprove or approve with conditions the application for preliminary
approval. If the approving authority grants preliminary approval,
its Chairman and Secretary (or the Vice Chairman or Assistant Secretary
in their absence, respectively) and the Township Engineer shall sign
the plat indicating the approval.
B. Preliminary approval rights. Preliminary approval shall, except as provided in Subsection
B(4) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(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;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Township from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to the 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 plat.
(3) That the applicant may apply for and the approving
authority 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 authority may grant the rights referred to in Subsection
B(1),
(2) and
(3) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and the 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 may govern.
C. Final approval. Final subdivision or site plan approval
shall not be granted until or after the grant of preliminary approval
for a proposed development. Final subdivision and/or site plan approval
shall be obtained as follows:
(1) The applicant shall, at least three weeks prior to
the meeting of the approving authority at which final approval is
sought, have submitted to the Secretary thereof all copies of the
application and supporting filings as required by the checklists. One Mylar and two cloth prints of any final plat which
is to be filed with the county recording officer shall also be submitted
at least by the meeting at which final approval is granted.
[Amended 12-28-1989 by Ord. No. 89-15]
(2) As to any utilities proposed or required for the development
for which final approval is sought, the final plat shall be accompanied
by letters directed to the Chairman of the approving authority and
signed by a responsible officer of the water and sewer company or
authority and the utility which provides gas, telephone and electricity
that has jurisdiction in the area. Such letters shall approve each
proposed utility installation design and state who will construct
the facility.
(3) The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation and identifying those
portions of any improvements already installed; that he has examined
the drainage, erosion, stormwater control and excavation plans and
found that the interests of the Township and of nearby properties
are fully protected; and that the developer has either installed all
improvements in accordance with the requirements of this chapter and
the preliminary plat approval and posted a maintenance guaranty with
the final plat, or posted a performance guaranty in accordance with
this chapter and the preliminary plat approval, for all partially
completed improvements or improvements not yet initiated, and posted
a maintenance guaranty. Any necessary performance and maintenance
guaranty shall be approved by the proper Township officials prior
to final approval.
(4) The approving authority shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards prescribed by the Map
Filing Law.
(5) An approved final plat shall be signed by the Chairman
and Secretary of the approving authority or the Vice Chairman or Assistant
Secretary in their absence, respectively.
D. Final approval rights.
(1) As provided by N.J.S.A. 40:55D-52, the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-37, 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 N.J.S.A. 40:55D-52 shall expire if the plat has not been duly recorded as hereinafter provided. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as provided below, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval under Subsection
B hereof for the section of the development granted final approval.
(2) In the case of a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection
D(1) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The developer may thereafter apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, the number of dwelling units and the nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development.
(3) 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 approving authority may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat. No subdivision plat
shall be accepted for filing by the county recording officer until
it has been approved by the approving authority, as indicated on the
instrument by the signature of the Chairman and Secretary of the approving
authority, or a certificate has been issued as to the failure of the
approving authority to act within the required time. The signatures
of the Chairman and Secretary shall not be affixed until the developer
has posted the required guaranties.