[Amended 12-1-1980 by Ord. No. 13-1980]
A. Any owner of land within the Township may, prior to
the subdividing or resubdividing of land as defined in this chapter,
submit to the Secretary of the Planning Board, at least 14 days before
the date of the monthly meeting of the Board, 12 copies of a plan
of the proposed subdivision for the purpose of preliminary discussion
and classification as exempt, minor or major subdivisions. The Board
or a duly appointed committee of the Board may consider informal sketches
of proposed subdivisions or site plans for the purpose of classification.
The Board shall not docket the plans for hearing nor act upon them
until an application is filed after classification of the plan by
the Board or its duly authorized committee.
B. At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for the 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 12-28-2000 by Ord. No. 34-2000]
A. Preliminary approval of a subdivision plat shall 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 dimension and on-site and off-tract
improvements; and any requirements peculiar to the specific subdivision
plat. The Township may modify by ordinance such general terms and
conditions of preliminary approval as they relate to 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 subdivision plat.
B. Extension of preliminary approval.
(1) 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 may govern.
(2) In the case of a subdivision plat for an area of 50
acres or more, the Planning Board may grant the rights referred to
above for such period of time, longer than three years, as shall be
determined by the Planning Board to be reasonable taking into consideration
(1) the number of dwelling units and nonresidential floor area permissible
under preliminary approval; (2) economic conditions; and, (3) the
comprehensiveness of the development. The applicant may apply for
thereafter and the Planning Board may thereafter grant an extension
to preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable taking into consideration:
(a) The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b) The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval;
(d) The comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
[Amended 12-1-1980 by Ord. No. 13-1980]
A. Any interested party may appeal to the governing body
any final decision of the Combined Planning/Zoning Board approving
an application for development pursuant to Subsection d of Section
57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), if so permitted by ordinance.
Such appeal shall be made within 10 days of the date of publication
of such final decision pursuant to Subsection i of Section 6 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-10). In the case of any board established
pursuant to Article 10 of P.L. 1975, c. 291, the governing body of
the municipality in which the land is situated shall be the "governing
body" for purposes of this section. The appeal to the governing body
shall be made by serving the Township Clerk in person or by certified
mail with a notice of appeal, specifying the grounds thereof and the
name and address of the appellant and name and address of his attorney,
if represented. Such appeal shall be decided by the governing body
only upon the record established before the Combined Planning/Zoning
Board.
B. Notice of the meeting to review the record below shall
be given by the governing body by personal service or certified mail
to the appellant, to those entitled to notice of a decision pursuant
to Subsection h of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10)
and to the board from which the appeal is taken, at least 10 days
prior to the date of the meeting. The parties may submit oral and
written argument on the record at such meeting, and the governing
body shall provide for verbatim recording and transcripts of such
meeting pursuant to Subsection f of Section 6 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-10).
C. The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection
A hereof, arrange for a transcript pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.
D. The governing body may reverse, remand, or affirm
with or without the imposition of conditions the final decision of
the Combined Planning/Zoning Board approving a variance pursuant to
Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).
The review shall be made on the record made before the Combined Planning/Zoning
Board.
E. The affirmative
vote of a majority of the full authorized membership of the governing
body shall be necessary to reverse or remand to the Combined Planning/Zoning
Board or to impose conditions on or alter conditions to any final
action of the Combined Planning/Zoning Board. Otherwise the final
action of the Combined Planning/Zoning Board shall be deemed to be
affirmed; a tie vote of the governing body shall constitute affirmance
of the decision of the Combined Planning/Zoning Board.
F. An appeal
to the governing body shall stay all proceedings in furtherance of
the action in respect to which the decision appealed from was made,
unless the board from whose action the appeal is taken certifies to
the governing body, after the notice of appeal shall have been filed
with such board, that by reason of facts stated in the certificate,
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the board from
whom the appeal is taken and on good cause shown.
G. The governing
body shall mail a copy of the decision to the appellant or, if represented,
then to his attorney, without separate charge, and for a reasonable
charge to any interested party who has requested it, not later than
10 days after the date of the decision. A brief notice of the decision
shall be published in the official newspaper of the municipality,
if there be one, or in a newspaper of general circulation in the municipality.
Such publication shall be arranged by the applicant unless a particular
municipal officer is so designated by ordinance; provided that nothing
contained herein shall be construed as preventing the applicant from
arranging such publication if he so desires. The governing body may
make a reasonable charge for its publication. The period of time in
which an appeal to a court of competent jurisdiction may be made shall
run from the first publication, whether arranged by the municipality
or the applicant.
H. Nothing
in this section shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction, according
to law.