A. 
Assignment. The applicant shall have the option of seeking the advice of the administrative officer as to which approvals are required and the appropriate Board for hearing the same or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The administrative official's determination and advice shall be presumed to be correct but shall not be binding on the Boards or on the Council.
B. 
Specifications and checklists for items and information to be subtitled for complete applications for development.
(1) 
In order for an application for development to be complete for purposes of commencing the applicable time period for action by a municipal agency pursuant to N.J.S.A. 40:55D-10.3, the items set forth in the attached Schedule A, General Requirements, must be submitted, regardless of the type of application for development, as well as those items on the following Schedules B, C, D, E and F[1] for the particular type of application being made. Said schedules shall serve as checklists and shall be provided to each applicant for development approval.
[1]
Editor's Note: Schedules A through F are included at the end of this chapter.
(2) 
A development application shall be complete for purposes of commencing the applicable time period for action by the approving authority when so verified by the approving authority or its authorized committee or designee. In the event that the Board, committee or designee does not certify the application to be complete within 45 days of the date of the 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 the application lacks information indicated on the checklist of items to be submitted specified herein and provided in writing to the applicant, and the approving authority or its authorized committee or designees has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant 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.
(3) 
An applicant may appeal the committee's or designee's decision concerning completeness of an application to the Board which has jurisdiction to hear the application. The Board shall have 45 days after receipt of a written request to schedule a public hearing, at which time the Board will determine if the application is complete. The Board shall affirm, modify or reverse the decision of the committee or designee.
A. 
All subdivisions and site plans as defined by this chapter are subject to the review and approval requirements specified herein.
B. 
The Planning Board shall determine, on the basis of advice from the City Engineer, the Planning Board Solicitor and the Planning Board Secretary, that the application is complete and properly submitted and therefore subject to review or that the application is incomplete, in which case the developer shall be advised within 45 days of his initial submission as to the additional materials required. An amended application shall be submitted in the same manner as the original application.
C. 
An applicant for subdivision or site plan approval may make a sketch plat or plan submission for purposes of classification and informal discussion. A conceptual sketch of the proposed site plan or subdivision is strongly recommended for major development prior to any sketch plat submission. The submission of a conceptual sketch need not meet sketch plat information requirements and affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Planning Board. If a sketch submission results in classification as a major subdivision, the application shall not be deemed to be complete until all preliminary application requirements have been met. Notwithstanding these procedures for sketch submissions, nothing shall prohibit an applicant form initially submitting to the Planning Board for preliminary major subdivision approval.
D. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, 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 period.
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Said approval shall not be subject to notice requirements or a public hearing and shall be the final action of the Board, which may be conditioned upon improvement provisions specified in Part 5 pursuant to N.J.S.A. 40:55D-38. Failure of the Planning Board to act within the prescribed period shall constitute minor subdivision approval. Pursuant to N.J.S.A. 40:55D-48, 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 Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk, City Engineer and City Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Clerk. The zoning requirements and approval terms and conditions shall not be changed for a period of two years after the date of minor subdivision approval, provided that the subdivision has been duly recorded.
A. 
Preliminary approval.
(1) 
Pursuant to N.J.S.A. 40:55D-48c, upon submission of a complete preliminary application for a subdivision of 10 or fewer lots or a site plan of 10 acres or less, the Planning Board shall grant or deny preliminary approval within 45 days of submission or within such time as may be consented to by the developer. Upon submission of a complete preliminary application for a subdivision of more than 10 lots, a site plan of more than 10 acres or planned development application, the Planning Board shall grant or deny preliminary approval within 95 days or within such further time as may be consented to by the developer. All such applications shall be subject to a public hearing after proper notice. Failure to act within the period prescribed shall constitute preliminary approval of the subdivision or site plan.
(2) 
In the event preliminary approval of a subdivision or site plan is denied because of failure to comply with municipal or regional development requirements, a notation to that effect, together with the signature of the Planning Board Secretary, shall be placed on the plat and reasons for the decision shall be stated in the denial resolution.
(3) 
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including required performance guaranties, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat and plan, together with the signature of the Chairman and Secretary of the Planning Board. This preliminary approval does not authorize the recording of a subdivision or the issuance of a building permit for a site plan.
(4) 
Pursuant to N.J.S.A. 40:55D-49, preliminary approval of a subdivision plat or site plan shall confer upon the developer the following rights:
(a) 
That the zoning requirements and the general terms and conditions on which preliminary approval was granted shall not be charged for a three-year period from the date of preliminary approval unless modified by ordinance provisions relating to public health and safety;
(b) 
That the developer 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 or site plan; and
(c) 
That the applicant may apply for and the Planning Board may grant extensions of one year or longer as provided in N.J.S.A. 40:55D-49.
B. 
Final approval.
(1) 
Pursuant to N.J.S.A. 40:55D-50, an application for final major subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete final application or within such further time as consented to by the developer. Failure of the Planning Board to act within the prescribed period shall constitute final approval.
(2) 
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with and all required easements have been submitted and approved as to content by the City Engineer and approved as to form by the City Attorney.
(3) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless, within such period, a plat meeting the Map Filing Law and bearing the signature of the Chairman and Secretary of the Planning Board shall have been duly filed with the County Clerk. The Planning Board may in accordance with N.J.S.A. 40:55D-54, 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.
(4) 
Final approval of a major subdivision or site plan shall confer upon the developer the following rights:
(a) 
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection A of this section 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 this section shall expire if the plat has not been duly and properly recorded. The Planning Board may in accordance with N.J.S.A. 40:55D-52 extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection A of this section for any portion granted final approval.
(b) 
In the case of a subdivision or site plan of a planned development or residential cluster of 50 acres or more or a conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the period of protection as provided in N.J.S.A. 40:55D-52.
(5) 
Upon final approval, copies of the approved plat or plans shall be distributed by the Planning Board Secretary to the Planning Board files, City Engineer, Zoning Administrative Officer, Tax Assessor, County Planning Board and the applicant.
In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and § 130-11A(2) of this Part 2, the Planning Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Said applicant shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning Board to act within the prescribed period shall constitute approval of the application.
Whenever the Planning Board is called upon to exercise its ancillary powers before granting approval for a variance or the issuance of building permits as set forth in § 130-11A(7) of this Part 2, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further times as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Planning Board when acting upon an application for a preliminary or minor subdivision approval or preliminary site plan approval shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for review and approval of this Part 2, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such exceptions and reasons therefor shall be recorded in the minutes.