Article IV Procedure

At the request of the applicant, the Planning Board shall authorize a preapplication conference. The purpose of this conference is to:

(a)

Acquaint the applicant with the substantive and procedural requirements of this chapter;

(b)

Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance (Chapter 585, Zoning), and other development requirements;

(c)

Advise the applicant of any public sources of information that may aid the application;

(d)

Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development;

(e)

Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences; and

(f)

Permit input into the general design of the project.

The preapplication conference allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Planning Board Chairperson, may include:

(a)

Municipal Engineer;

(b)

Municipal Planner;

(c)

Municipal Construction Officer and Zoning Officer;

(d)

Representative(s) from the Planning Board and the Board of Adjustment;

(e)

Representatives from municipal boards or commissions, as deemed appropriate; and

(f)

Subdivision and Site Plan Committee or representative(s) of this Committee if established.

Applicants seeking a preapplication conference shall submit the information stipulated in Article VIII of this chapter 10 days prior to the preapplication conference.

The applicant shall not be required to pay a fee for the preapplication conference. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 10 working days after the final meeting.

The applicant shall not be bound by the determination of the preapplication conference nor shall the Planning Board's Subdivision and Site Plan Committee be bound by any such review.

Concept plan.

In addition or as an alternative to the preapplication conference, at the request of the applicant the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide Planning Board or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.

Applicants seeking concept plan informal review shall submit the items stipulated in Article VIII of this chapter 21 days before the concept plan meeting. These items provide the subdivider and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.

A brief written summary of the concept plan review shall be provided within 21 working days after the final meeting.

The applicant may be charged reasonable fees for concept plan review. The amount of any fees for such informal review shall be a credit towards fees for review of the application for development.

The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.

§ 505-11 Application.

Assignment. The applicant shall have the option of seeking the direction of the administrative officer as to which approvals are required and the appropriate board for hearing same or of filing an application and proceeding before the board which the applicant believes to be appropriate. The administrative official's determination shall be presumed to be correct. The following applications may be filed:

Exempt subdivision.

Minor subdivision.

Major subdivision.

Site plan.

(Note: Certain applications may involve a combination of actions.)

Content.

An application for development shall include the items specified in Article VIII of this chapter, which constitutes a checklist of items to be submitted for subdivision and site plan review.

A copy of this checklist shall be completed by the applicant and submitted with the application form.

Complete application.

A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board 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 its 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: a) the application lacks information indicated on the checklist of items to be submitted specified in Article VIII and provided in writing to the applicant; and b) the Planning Board or its authorized committee or designee 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 Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance 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 Planning Board.

§ 505-13 Major subdivision and site plan procedure.

An applicant may appeal the administrative officer'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 administrative officer.

§ 505-12 Minor subdivision procedure.

Any applicant requesting approval of a proposed minor subdivision as defined in this chapter shall submit to the administrative officer 12 copies of the items required in Article VIII of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of Article IV, § 505-11C, of this chapter.

The action of the Subdivision and Site Plan Committee or the Planning Board under this article must be taken within 45 days or 120 days if a variance pursuant to subsection (b) of N.J.S.A. 40:55D-70 is involved of a complete application, as defined in Article IV, § 505-11C, of this chapter, or within such further time as is agreed to by the subdivider and the Board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Planning Board or Committee to act shall be issued on request of the applicant; 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.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision and site plan approval.

General development plan.

Applicants of planned unit developments, site plans or major subdivisions of a minimum of 10 dwelling units or 5,000 square feet of nonresidential building area shall have the option of bifurcating preliminary approval into two phases: phase one, general development plan, and phase two, preliminary approval. An applicant may seek variances for density, nonresidential square footage or use along with phase one, the general development plan. All other variances shall be sought at phase two, preliminary approval.

An applicant requesting general development plan approval shall first submit to the administrative officer of the Planning Board 12 copies of the materials stipulated in Article VIII of this chapter.

The application shall be declared complete within a forty-five-day period from date of its submission according to the provisions of Article IV, § 505-11C, of this chapter.

An application for approval of a general development plan shall require a public hearing and notice pursuant to the provision of N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12.

The Planning Board shall, within 95 days or within such further time as may be consented to by the applicant, either grant approval of the general development plan as submitted or with changes and/or conditions, or deny approval.

(6)

Rights conferred.

(a)

Phase one, general development plan, shall confer upon the applicant the following rights for a period of at least one year, or for a longer period if determined by the Planning Board:

[1]

The total number of residential dwelling units, and the general type (single-family, detached residences, townhouses, garden apartments, etc.).

[2]

The amount and type of nonresidential gross floor area, i.e., commercial, office, institutional, industrial.

(b)

The Planning Board shall indicate the following, which shall not vest but still be presumed to be valid at phase two, preliminary approval, subject to engineering and environmental considerations:

[1]

The location of the collector roads.

[2]

The general location of the different uses and density by land use area.

(7)

The applicant may request a change in the general development plan at the preliminary approval stage, provided that the total number of units is not increased.

Preliminary approval of major subdivisions and site plans.

Following approval of the general development plan (or if the applicant does not choose to seek general development plan approval), the applicant seeking preliminary major subdivision or site plan approval shall submit to the administrative officer of the Planning Board 12 copies of the materials stipulated in Article VIII of this chapter.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Article IV, § 505-11C, of this chapter.

The Subdivision and Site Plan Committee, if established, shall review the application and shall comment and make recommendations to the Planning Board.

A complete application for a subdivision of 10 or fewer lots or for a site plan of 10 dwelling units or less shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots or a site plan that involves more than 10 dwelling units shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary subdivision or site plan approval.

Effect of preliminary approval of major subdivisions and site plans. Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection C(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval, as specified by N.J.S.A. 40:55D-1 et seq.:

That 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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

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 subdivision plat or site plan, as the case may be; and

That the applicant may apply for and the Planning Board may grant extension on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design and improvement standards have been revised by ordinance, such revised standards may govern.

Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Municipal Engineer, who shall approve them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. The developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance Article VI, § 505-25C, where not inconsistent herein. The type, form, and amount of the bond are subject to the approval of the Municipal Engineer and the Municipal Attorney.

Final approval of major subdivisions and site plans.

An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the administrative officer of the Planning Board or other designee 12 copies of the materials specified in Article VIII of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article VI of this chapter.

The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Article IV, § 505-11C, of this chapter.

Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or other designee or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, 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.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may 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.