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.
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.
An appeal from any final decision of the Planning
Board may be taken to the Council, provided that such appeal shall
be taken in accordance with N.J.S.A. 40:55D-17.