A.
Purpose. Such regulations are deemed necessary to achieve the following
purposes:
(1)
Promote orderly development. To protect the character and to maintain
the stability of all areas within the community and to promote the
orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations. To provide rules, regulations and
procedures, where applicable and to the extent the same have not been
otherwise promulgated by ordinance in the Township of Montville, which
will guide the appropriate development of lands within the Township
in a manner which will promote the public health, safety, morals and
general welfare.
(3)
To protect against hazards and danger. To secure safety from fire,
flood, panic and other natural and man-made disasters.
(4)
Design standards. To encourage the design and location of streets
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
(5)
Creative development techniques. To promote a desirable physical
environment through creative development techniques, design and arrangement.
(6)
Open spaces. To promote the conservation of open space and to protect
the natural resources and to prevent overcrowding through improper
land use.
B.
Exceptions to design and performance standards. The approving authority,
when acting upon applications, shall have the power to grant such
exceptions from the subdivision and site plan requirements of this
chapter as may by reasonable and within the general purpose and intent
of the provisions for subdivisions, plat, site plan review and approval
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
C.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional. 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 purpose
will be to review concepts to assist the applicant in the preparation
of subsequent plans. Other than classification, no decisions will
be made, no hearings held and no formal action taken. Neither the
developer nor the approving authority shall be bound by this informal
review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary/Land Use Administrator,
at least two weeks prior to the meeting of the approving authority,
16 copies of the concept plan and the completed application form.
(b)
The concept plan is considered a sketch or general plan neither
fully engineered nor surveyed. Information used to prepare the concept
plan can be available from secondary source information such as the
Soil Conservation Survey Map or U.S. Geodetic Survey maps, but should
be sufficiently detailed to allow the Planning Board to make suggestions
on general site design and layout for circulation, stormwater management,
location of open space and buffers and building arrangements and to
determine how the land use code affects the proposal.
A.
Filing and completeness.
[Amended 9-23-2014 by Ord. No. 2014-24; 12-9-2014 by Ord. No. 2014-33]
(1)
Applications for development within the jurisdiction of the Planning
Board and Zoning Board of Adjustment pursuant to the provisions of
N.J.S.A. 40:55D-1 et seq., shall be filed with the Secretary/Land
Use Administrator. The applicant shall file, at least 10 days prior
to the scheduled meeting, the following items: 16 copies of the application,
all plot plans, maps and other papers required by virtue of any provision
of this chapter, as well as the applicable fees, and certification
by the Tax Collector that all taxes are paid to date. All submission
details are set forth in the checklists adopted as part of this chapter.
(See Schedule A.[1]) The applicant may produce other documents, records or
testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents. Revised plans shall also
be on file at least 10 days prior to the date of a continued hearing.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
A corporation or partnership applying for permission to subdivide
a parcel of land, or for a variance to construct multiple dwellings,
or for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be. If a corporation
or partnership owns 10% or more of the stock of a corporation, or
a ten-percent-or-greater interest in a partnership, subject to the
above disclosure, that corporation or partnership shall list the names
and addresses of its stockholders holding 10% or more of its stock,
or a ten-percent-or-greater interest in the partnership, as the case
may be, and this requirement shall be followed by every corporate
stockholder, or partner in a partnership, until the names and addresses
of the corporate stockholders and individual partners exceeding the
ten-percent ownership criterion established in this subsection have
been listed. Neither the Planning Board, Zoning Board of Adjustment
nor the governing body shall approve the application of any corporation
or partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
(3)
The approving authority, through its engineer, shall review the submission
for its completeness and take action on accepting or rejecting the
submission as a complete application. In the event the agency, committee
or designee 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 unless:
(4)
The applicant may request, in writing, that one or more of the submission
requirements be waived, in which event the Secretary/Land Use Administrator
shall request input from the Board Engineer on the checklist items
as to waiving of any of the items requested. If the Board Engineer
does not grant the waiver requested, the applicant may request scheduling
before the Subdivision and Site Plan Committee. Said meeting shall
be arranged within two weeks of the written request from applicant.
Application shall be deemed incomplete until that item has been satisfied.
(5)
If an application is dormant for a period of 90 days after being
declared incomplete due to lack of action on the part of the applicant,
said application shall automatically be deemed null and void and shall
be so marked or labeled.
(6)
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he/she is entitled
to approval of the application. The approving authority may subsequently
require correction of any information found to be in error and submission
of additional information not specified in this chapter 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 in the accompanying documents so required by the
approving authority.
(7)
The rules, regulations and standards contained in this chapter shall
govern the review of all applications for development and any decisions
made with regard to those applications for development. However, notwithstanding
the above, any application for development filed prior to the effective
date of this chapter shall be governed by those regulations which
were in effect on the date of submission of the development application;
provided that any provisions of an ordinance relating to health and
public safety that are adopted subsequent to the date of submission
of an application for development shall be applicable to that development
application.
B.
Action by approving authority.
(1)
Public hearing. Upon determination that an application is complete,
a public hearing date shall be set by the approving authority and
notice given.
(2)
Reports.
(a)
Upon determination that an application is complete, the Secretary/Land
Use Administrator shall forward one copy of the plans and supporting
data to the following boards and experts, as directed by the approving
authority, for review and action:
(b)
The experts and boards may make recommendations, in writing, to the approving authority within 30 days after service of the preliminary plat on them. Wherever the application includes an environmental impact statement as required under Chapter 160 of the Township Code, a report from the Environmental Commission shall be required.
(c)
Upon receipt of all required reports, the applicant shall file
with the approving authority a written statement responding to each
report and stating how each comment of the report will be addressed
or otherwise resolved. The written statement shall be filed with the
Board prior to the required hearing on the application. If any required
report has not been obtained by the applicant, the applicant shall
notify the Board of this fact, by certified mail, in writing, at least
10 days prior to the hearing, giving the reason(s) why the report
has not been received. After an agency has not responded within 30
days from date of certified mailing and the applicant has submitted
the copies of letters/certified receipt indicating request for report,
the applicant will be relieved from obtaining that agency's input.
A copy of each report received by the applicant shall accompany the
written statement. The format and content of the statement shall be
as follows:
[1]
The name of the agency issuing the report.
[2]
The date of the report.
[3]
The date of the application drawing(s) or revision date of the
application drawing(s) for which the report is issued.
[4]
The applicant's response to each comment in the report which
requires action on the part of the applicant. The response shall state
clearly how each matter has been or will be addressed, corrected or
otherwise resolved.
(d)
The approving authority shall take the recommendations into
account, but shall have the authority to proceed in the absence of
such recommendation or to disregard or modify such recommendations.
(3)
The approving authority shall grant or deny preliminary subdivision
approval within the following time periods, unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the subdivision.
Failure of the approving board to act within the period prescribed
shall constitute approval of the application, and a certificate of
the administrative officer as to the failure of the approving board
to act shall be issued on request of the applicant.
(a)
Minor subdivision: within 45 days of the date of a complete
submission.
(b)
Preliminary subdivision of 10 or fewer lots: within 45 days
of the date of a complete submission.
(c)
Preliminary subdivision with more than 10 lots: within 95 days
of the date of a complete submission.
(d)
Preliminary subdivision requiring variances: within 120 days
of the date of a complete submission.
(e)
Final subdivision: within 45 days of the date of a complete
submission.
(4)
The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the site plan.
Failure of the approving board to act within the period prescribed
shall constitute approval of the application, and a certificate of
the administrative officer as to the failure of the approving board
to act shall be issued on request of the applicant.
(a)
Minor site plan: within 45 days of the date of a complete submission.
(b)
Preliminary site plan which involves 10 dwelling units or less:
within 45 days of the date of a complete submission.
(c)
Preliminary site plan which involves more than 10 acres or more
than 10 dwelling units: within 95 days of the date of a complete submission.
(d)
Preliminary site plan requiring variances: within 120 days of
the date of a complete submission.
(e)
Final site plan: within 45 days of the date of a complete submission.
(5)
The approving authority may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 230-31. If the approving authority grants preliminary approval, its Chairperson and Secretary, or the Vice Chairperson or Assistant Secretary in their absence, respectively, and the Township Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(6)
Whenever review or approval of an application by the County Planning
Board is required by the County Land Development Standards, the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
(7)
If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had 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 and shall be subject to filing of additional fees as specified in § 230-42. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
C.
Effect of approval.
(1)
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary 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; off-tract improvements; and in the case
of a site plan, any requirements for preservation of existing natural
resources, for safe and efficient vehicular and pedestrian circulation,
parking and loading, for screening, landscaping and location of structures
and for exterior lighting, 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 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 plat or site plan, as the case may
be.
(c)
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.
(2)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection C(1)(a), (b) and (c) 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 nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) 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.
(3)
Any variance from the terms of this chapter hereafter granted by
the Board of Adjustment permitting the erection or alteration of any
structures or permitting a specified use of any premises shall expire
by limitation unless such construction or alteration shall have 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 entry of the judgment or determination of the
Board of Adjustment; except, however, in the case of a use variance
which also involves a subdivision or site plan, approval of the variance
shall extend for the full period of preliminary approval, i.e., three
years; and 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 Board of Adjustment to the governing body,
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding.
D.
Issuance of building permits. No building permit shall be issued
until final approval has been granted by the Planning Board and, in
the case of a subdivision, until the final plat has been properly
filed with the Morris County Clerk within the time or extended time
required by N.J.S.A. 40:55D-54. Proof of filing shall be submitted
to the Planning Board Secretary prior to issuance of a building permit.
The requirement of final approval by the Planning Board prior to the
issuance of a building permit for the construction of a maximum of
one home (or one building of attached residential units, as the case
may be) which shall be the "model" for the development, may be approved.
No certificate of occupancy will be issued for these homes until all
improvements are constructed to the satisfaction of the Township Engineer.
A.
Procedures for minor subdivision approval.
(2)
Submission details are set forth in the checklists adopted as part
of this chapter. (See Schedule A.[1])
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 230-48B(3), take action on the application as provided by law.
(4)
The Secretary/Land Use Administrator may submit a minor subdivision
application to the Subdivision and Site Plan Committee for report
and recommendation to the full Planning Board.
(5)
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the Board, provided that the Board may condition
such approval on terms ensuring the provision of improvements pursuant
to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53. If improvements
are required to be constructed as a condition of minor subdivision
approval, the applicant shall complete all such improvements within
one year from the date of approval of said minor subdivision. The
applicant shall also post a performance guarantee in accordance with
all requirements applicable thereto for a major subdivision.
(6)
After one lot is created by minor subdivision, any subsequent application
for subdivision of said resulting lot or parcel shall be accepted
only as a major subdivision.
(7)
Provided that the approved final plat of a minor subdivision has
been filed with the county recording officer, 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.
(8)
Approval of a minor subdivision shall expire 190 days from the date
of Planning Board approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law,[2] 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 must
be signed by the Chairperson and Secretary of the Planning Board before
it will be accepted for filing by the county recording officer.
[2]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
B.
Procedures for minor site plan approval.
(2)
Submission details are set forth in the checklists adopted as part
of this chapter. (See Schedule A.[3])
[3]
Editor's Note: Schedule A is included at the end of this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 230-48B(4), take action on the application as provided by law.
(4)
The Secretary/Land Use Administrator may submit a minor site plan
application to the Subdivision and Site Plan Committee for report
and recommendation to the full Planning Board.
(5)
Minor site plan approval shall be deemed to be final approval of
the site plan by the Board, provided that the Board may condition
such approval on terms ensuring the provision of improvements pursuant
to N.J.S.A. 40:55D-38, 40:55D-39 and 40:55D-53.
A.
Procedures for preliminary major subdivision approval.
(1)
Major subdivision is any subdivision of land that is not classified
as a minor subdivision.
(2)
Submission details are set forth in the checklists adopted as part
of this chapter. (See Schedule A.[1])
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 230-48B(3), take action on the application as provided by law.
(4)
For all applications for preliminary approval of major subdivisions, the approving board shall hold a public hearing with public notice given pursuant to § 230-28. If, upon public hearing, preliminary approval is granted, the Board shall adopt a resolution with respect thereto, enumerating the plat thereby approved and establishing the terms and conditions of approval and specifying the conditions which must be satisfied prior to final approval. A copy of the resolution shall be attached to the preliminary plat, which shall be signed by the Chairperson and Secretary of the Board.
(5)
As a condition of approval, the approving authority may require the
installation and maintenance of on-tract improvements, and the regulations
may require a developer to pay his/her pro rata share of the cost
of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
B.
Procedures for preliminary major site plan approval.
(1)
Major site plan is any site plan that is not classified as a minor
site plan.
(2)
Submission details are set forth in the checklists adopted as part
of this chapter. (See Schedule A.[2])
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 230-48B(4), take action on the application as provided by law.
(4)
For all applications for preliminary approval of major site plans, the approving board shall hold a public hearing with public notice given pursuant to § 230-28. If, upon public hearing, preliminary approval is granted, the Board shall adopt a resolution with respect thereto, enumerating the plans thereby approved and establishing the terms and conditions of approval and specifying the conditions which must be satisfied prior to final approval. A copy of the resolution shall be attached to the preliminary plan, which shall be signed by the Chairperson and Secretary of the Board.
[Amended 12-9-2014 by Ord. No. 2014-33]
(5)
As a condition of approval, the approving authority may require the
installation and maintenance of on-tract improvements, and the regulations
may require a developer to pay his/her pro rata share of the cost
of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer
shall file with the administrative officer, at least 10 days prior
to the meeting of the approving authority, the original tracing cloth
or Mylar copies; 10 black-on-white paper prints of the plat; four
completed copies of the application form and final plat checklist;
the performance guarantee approved by the governing body, including
off-tract improvements, if any; any maintenance guaranties; the applicable
fee; certification by the Tax Collector that all taxes are paid to
date; certification by the Soil Conservation District pursuant to
the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws
of 1975;[1] and if common open space lot or lots are included in the
application, a separate map showing the individual lot or lots that
are to be designated as common open space, which map shall have shown
thereon the data listed on the checklists adopted as part of this
chapter. (See Schedule A.[2])
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development, the
final plat shall be accompanied by letters directed to the Chairperson
of the approving authority and signed by a responsible officer of
the water company, sewer authority and 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 Township
Engineer that he/she 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; that he/she has examined the street,
drainage erosion, stormwater control and excavation plans and found
that the interests of the Township and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
B.
Action by approving authority of final subdivision plat.
(1)
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified within 45
days of submission. If accepted as a complete application, the approving
authority shall grant final approval if the detailed drawings, specifications
and estimates conform to the standards established by this chapter,
the conditions of previous reviews, the changes and/or conditions
of previous reviews, the changes and/or conditions required on the
informal plat in cases where there has been no preliminary plat, and
the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9
et seq.[3] In the case of a planned development, the approving authority
may permit minimal deviations from the conditions of preliminary plat
approval necessitated by a change of conditions beyond the control
of the developer since the date of preliminary approval. Minimal deviations
shall not require the developer to submit another application for
preliminary approval.
[3]
Editor's Note: Former N.J.S.A. 46:23-9.7 to 46:23-9.16 were
repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now
N.J.S.A. 46:26B-1 et seq.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant, as set forth in § 230-48B(3). An approved final plat shall be signed by the Chairperson and Secretary of the approving authority, or the Vice Chairperson or Assistant Secretary in their absence, respectively.
(3)
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such a 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 the 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 Chairperson and Secretary of the approving
authority, or the Vice Chairperson or Assistant Secretary in their
absence, respectively, or a certificate has been issued as to the
failure of the approving authority to act within the required time.
The signatures of the Chairperson and Secretary shall not be affixed
until the developer has posted the required guaranties. If the county
recording officer records any plat without such approval, such recording
shall be deemed null and void, and, upon request of the municipality,
the plat shall be expunged from the official records. It shall be
the duty of the county recording officer to notify the Planning Board,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
(4)
Provided that the approved final subdivision plat has been filed
with the county recording officer, the zoning requirements applicable
to the preliminary approval first granted to the major subdivision
and all other rights conferred upon the developer pursuant to the
Municipal Land Use Law, whether conditionally or otherwise, shall
not be changed for a period of two years after the date of final approval.
If the developer has followed the standards prescribed for final approval,
the approving authority may extend such period of protection for extensions
of one year, but not to exceed three extensions. Upon granting of
final approval, the rights conferred upon the applicant by the granting
of preliminary approval shall be terminated upon final approval.
(5)
Upon final approval by the Planning Board and after all required
signatures are placed on the original tracing, the administrative
officer shall request the Township Engineer to have one cloth print
and one Mylar reproducible and 10 copies each made of such final plat
and file a copy thereof with each of the following: the Secretary/Land
Use Administrator, Board Engineer, Township Clerk, Construction Code
Officer, Tax Assessor, Board of Health, Shade Tree Commission, and
any other agency or person directed by the approving authority.
A.
Filing procedure.
(1)
The site plan and an application for final approval shall be submitted
to the proper administrative officer with the required fee. If there
have been no changes in the approved preliminary site plan, the same
plan may be used in connection with the application for final approval,
and no further final plan shall be required for approval. Five white
prints (blue- or black-on-white) of the site plan shall accompany
the application. Four completed copies of the application form and
final plat checklist must be submitted along with the prints; the
performance guarantee approved by the governing body, including off-tract
improvements, if any; any maintenance guaranties; the applicable fee;
certification by the Tax Collector that all taxes are paid to date;
certification by the Soil Conservation District pursuant to the Soil
Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Where utility services are to be extended to the development, the
final site plan shall be accompanied by letters directed to the Chairperson
of the approving authority and signed by a responsible officer of
the water company, sewer authority and 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 site plan shall be accompanied by a statement by the Township
Engineer that he/she 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; that he/she has examined the street,
drainage erosion, stormwater control and excavation plans and found
that the interests of the Township and of nearby properties are fully
protected and identifying those portions of any improvements already
installed; and that the developer has either:
B.
Action by approving authority on final site plan.
(1)
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified within 45
days of submission. If accepted as a complete application, the approving
authority shall grant final approval if the detailed drawings, specifications
and estimates conform to the standards established by this chapter,
the conditions of previous reviews, the changes and/or conditions
of previous reviews, the changes and/or conditions required on the
informal plat in cases where there has been no preliminary plat, and
the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9
et seq.[2] In the case of a planned development, the approving authority
may permit minimal deviations from the conditions of preliminary plat
approval necessitated by a change of conditions beyond the control
of the developer since the date of preliminary approval. Minimal deviations
shall not require the developer to submit another application for
preliminary approval.
[2]
Editor's Note: Former N.J.S.A. 46:23-9.7 to 46:23-9.16 were
repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now
N.J.S.A. 46:26B-1 et seq.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant, as set forth in § 230-48B(4). An approved final plat shall be signed by the Chairperson and Secretary of the approving authority, or the Vice Chairperson or Assistant Secretary in their absence, respectively.
(3)
The zoning requirements applicable to the preliminary approval first
granted to a site plan and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(4)
Upon final approval by the approving board, a copy of the plat shall
be filed with each of the following: the Secretary/Land Use Administrator,
Board Engineer, Township Clerk, Construction Code Officer, Tax Assessor,
and any other agency or person directed by the approving authority.
