This Part 1 shall be known and may be cited as the "Land Subdivision and Site Plan Ordinance of the Borough of South River." This Part 1 is enacted pursuant to the authority granted by Chapter 291 of the Laws of 1975, commonly referred to as the "Municipal Land Use Law."[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The purpose of this Part 1 shall be to provide rules, regulations
and standards to guide land subdivision and site development in the
Borough of South River in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
The approval provisions of this Part 1 shall be administered by the Borough of South River Planning Board or Zoning Board of Adjustment, whichever has jurisdiction of the development application, in accordance with Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.). Hereinafter, all references to "Board" in this Part 1 shall include the Planning Board and/or the Zoning Board, where applicable.
It shall be the duty of the administrative officer to ensure
that all applications for development comply with the provisions of
this Part 1 and are in accordance with the provisions of land use
procedures, of the land development ordinances of the Borough of South
River and all other applicable ordinances or requirements of the Borough
of South River or statutes of the State of New Jersey. For the purposes
of this Part 1, in the absence of an individual appointed as the administrative
officer by the Mayor/Borough Council, the Planning Board/Zoning Board,
as the case may be, shall act as administrative officer and shall
carry out all duties assigned as such when an application has been
submitted to the Board.
The rules, regulations, and standards set out in this Part 1 shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Board and the Borough Council under the terms of this Part 1 shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate, in accordance with the requirements of the Municipal Land Use Law, that the literal enforcement of one or more of these regulations is impracticable or will constitute undue hardship, the Board may grant relief and/or permit substantial compliance in lieu of literal compliance as may be reasonable and within the general purpose and interest of the rules, regulations and standards established by this Part 1, Chapter 350, Zoning, the Municipal Land Use Law, and other related ordinances.
When an application for development has been filed with or submitted
to the Board Secretary or administrative officer, the Board Secretary
shall record the date of submission. The application for development
shall be subject to the rules, regulations, and standards set out
in this Part 1 at the time of application submission.
