The purpose of this article is to establish
the procedure for review and action on applications requiring subdivision,
site plan, conditional use, or variance approval. The procedure is
intended to provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development
or construction other than an exempt development, site plan and/or
subdivision approval shall be required prior to:
A. Subdivision or resubdivision of land.
B. Issuance of a development permit or building permit.
C. Commencement of any regulated use or activity, which
includes:
(1) The erection, construction, alteration, repair, remodeling,
or conversion of any building or structures;
(2) The use or occupancy of any building, structure or
land;
(3) Any activity which entails the construction of any
improvements or the alteration of the natural condition of any land.
(4) Demolition or removal of any historic structure or
any building or structure within an historic district as designated
on the Borough Master Plan except that site plan approval shall not
be required for individual lot applications for one- or two-dwelling-unit
buildings pursuant to N.J.S.A. 40:55D-37.
An applicant may claim approval of his application
for development by reason of the failure of the approving authority
to act within the time period prescribed by complying with the following
provisions:
A. The applicant shall provide notice of the default
approval to the Planning Board and to all those entitled to notice
by personal service or certified mail of the hearing on the application
for development; but for purposes of determining who is entitled to
notice, the hearing on the application for development shall be deemed
to have required public notice pursuant to N.J.S.A. 40:55D-12.
B. The applicant shall arrange publication of a notice
of the default approval in the official newspaper of the Borough,
if there be one, or in a newspaper of general circulation in the Borough.
C. The applicant shall file an affidavit of proof of
service and publication with the Administrative Officer (Borough Administrator).
D. Upon satisfaction of these requirements by the applicant,
the Administrative Officer (Borough Administrator) shall, if he or
she agrees with the facts as set forth by the applicant in the notice
of default approval, issue a certificate of default approval and it
shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
E. If the Administrative Officer (Borough Administrator) does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Planning Board, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by Subsection
C hereof. Unless appealed pursuant to §
150-8D hereof, the decision of the Administrative Officer (Borough Administrator) shall be conclusive.