Preliminary plats are required for all site plans and subdivisions.
A. Filing procedure.
(1) The following must be submitted to the office of the Zoning Officer:
16 copies of the application, all plot plans, maps and other papers
required by virtue of any provision of this chapter, as well as the
applicable fee and certification by the Tax Collector that all taxes
are paid to date. The applicant must include envelopes addressed to
the Board professionals, experts and Board members in order to expedite
the mailings.
(2) A corporation or partnership applying for permission to subdivide
a parcel of land or for a site plan or variances shall list the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be. If a corporation or partnership
owns 10% or more of the stock of a corporation, or a ten-percent or
greater interest in a partnership, subject to the above disclosure,
that corporation or partnership shall list the names and addresses
of its stockholders holding 10% or more of its stock or a ten-percent
or greater interest in the partnership, as the case may be, and this
requirement shall be followed by every corporate stockholder or partner
in a partnership until the names and addresses of the noncorporate
stockholders and individual partners exceeding the ten-percent ownership
criterion established in this subsection have been listed. No Planning
Board, Board of Adjustment or municipal governing body shall approve
the application of any corporation or partnership which does not comply
with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment
by a corporation or a partnership shall be as outlined in N.J.S.A.
40:55D-48.1.
(3) Simultaneously with filing the application, copies of the plans shall
be forwarded by the office of the Zoning Officer to the following
persons:
(c)
The Fire Prevention Bureau (site plans only).
(d)
The Chief of Police and/or Police Director (site plans only).
[Amended 3-20-2017 by Ord. No. 1541-2017]
B. Action by approving authority.
(1) The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with §
240-14.
(2) Public hearing. If accepted as an application, a public hearing date
shall be set by the approving authority and notice given.
(3) Upon submission of an application, the administrative officer shall submit one copy of the plat and supporting data to the above named experts listed in Subsection
A(3) for review and action. Each shall have not more than 30 days from receipt of the plan to report to the approving authority. In the event of a recommendation of disapproval, such report shall state the reasons therefor.
(4) The approving authority shall grant or deny preliminary subdivision
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the subdivision.
(a)
A subdivision of 10 or fewer lots: within 45 days of the date
of a complete submission.
(b)
A subdivision with more than 10 lots: within 95 days of the
date of a complete submission.
(5) The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer. Otherwise, the approving authority
shall be deemed to have granted preliminary approval of the site plan.
(a)
A site plan which involves 10 dwelling units or less: within
45 days of the date of a complete submission.
(b)
A site plan which involves more than 10 acres or more than 10
dwelling units: within 95 days of the date of a complete submission.
(6) If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision, and
that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7) The approving authority may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by §
240-39. If the approving authority grants preliminary approval, its chairman and secretary, or the vice chairman or assistant secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse, unless the applicant requests an extension.
(8) Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval;
otherwise the approval shall be void:
(a)
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 size; yard dimensions; off-tract improvements; and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Borough from modifying, by ordinance, such
general terms and conditions of preliminary approval as relate to
public health and safety.
(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 plat.
(c)
That the applicant may apply for, and the approving authority
may grant, extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years.
(9) In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection
B(8)(a),
(b) and
(c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.