The Planning Board may waive notice and public
hearing for an application for development if the Planning Board or
subcommittee of the Board appointed by the Chairman finds that the
application for development conforms to the definition of "minor site
plan." Minor site plan approval shall be deemed to be a final approval
of the site plan by the Board, provided that the Board or said subcommittee
may condition such approval on terms ensuring the provisions of improvement
pursuant to N.J.S.A. 40:55D-38, 40:55D-41 and 40:55D-53.
A. Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant.
B. Whenever review or approval of the application by
the County Planning Board is required by Section 8 of P.L. 1968, c.
285 (N.J.S.A 40:27-6.6), the Borough 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 by its failure
to report thereon within the required time period.
C. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted, shall not be changed for a period of two years after
the date of minor site plan approval.
The developer shall be notified, in writing,
of the deficiencies therein by the Board or the Board's designee for
the determination of completeness (see the Checklists at the end of
this chapter) within 45 days of submission of such application, or
it shall be deemed to be properly submitted.
Preliminary approval of a site plan shall, except
for extensions provided for in this chapter, confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval:
A. 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 on-site and off-tract
improvements; and any requirements peculiar to the specific site plan.
The Borough may modify by ordinance such general terms and conditions
of a preliminary approval as they may relate to public health and
safety, provided that such modifications are in accord with amendments
adopted by ordinance subsequent to approval.
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 site plan.
The Planning Board may, when exercising its powers pursuant to this chapter, grant variances as provided in Article
XI, Administration, herein.
The Planning Board shall, within the applicable
time period set forth in this chapter, after a public hearing, approve
the application for final site plan approval with or without conditions,
provided that the following requirements are met:
A. The detailed drawings and specifications meet all
applicable codes and ordinances;
B. The final plans are substantially the same as the
approved preliminary site plans;
C. All improvements, both on-site and off-site, have
been installed, or, with regard to on-site improvements only, bonds
have been posted to ensure the installation of on-site improvements;
and
D. Proof has been submitted that all taxes and assessments
for local improvements on the property have been paid.
No public notice of applications for final site
plan approval shall be required.
Final approval shall terminate the time period
of preliminary approval for the section granted final approval and
shall guarantee the applicant that the zoning requirements applicable
to the preliminary approval and all other rights conferred upon the
applicant as part of preliminary approval shall not be changed for
a period of two years after the date of final approval.
The Planning Board may, as a condition of final
approval:
A. Grant final approval only for a designated geographic
section of the development.
B. Grant final approval for certain work but require
resubmission for final approval for designated on-site elements, such
as but not limited to landscaping, signs, street furniture, etc.,
in which case approval of these elements shall be a prerequisite for
issuance of a certificate of occupancy or zoning permit.