[1]
Editor's Note: An Application Checklist, based on the subdivision
and site plan requirements herein, is on file in the Township offices.
A.
Authority. The Planning and Zoning Board shall have the authority,
subject to the procedures, standards and limitations set forth herein,
to review and approve, conditionally approve or disapprove subdivision
plats as a condition for the filing of such plats with the County
Recording Officer; provided, however, that the action taken is by
resolution, and further provided that the resolution of the Zoning
Board of Adjustment shall substitute for that of the Planning and
Zoning Board whenever the Zoning Board of Adjustment has jurisdiction
over a subdivision pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
B.
Exemptions. Land subdivisions exempt from municipal review are listed in § 275-6, Definitions, under the definition of "subdivision."
C.
Application. Any applicant seeking to subdivide or resubdivide land
or to combine lot lines within the municipality shall apply for approval
from the Planning and Zoning Board, or the Zoning Board of Adjustment
if it has primary jurisdictional review authority under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., in accordance with the provisions
herein.
D.
Exceptions. The Planning and Zoning Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
A.
Submission.
(1)
Submission to the municipality. An applicant for minor subdivision approval shall submit to the Administrative Officer 12 copies of an application for subdivision review, the application fee listed in § 275-112 and 12 copies of a sketch plat containing the information outlined in Subsection D two weeks prior to a regularly scheduled meeting of the Planning and Zoning Board. The application shall include or be accompanied by the following minimum information:
(a)
Applicant's name, address and interest in the subject property.
(b)
Owner's name, address and signed consent to the filing of the
application.
(c)
Street address and block and lot description of the subject
property.
(d)
Zoning classification of the subject property.
(e)
Present and proposed use of the subject property.
(f)
Statement of the applicant's intent regarding the ownership,
sale or leasing of the proposed development.
(g)
Certification from the Municipal Tax Collector that all taxes
are paid to date.
(2)
Concurrent submissions. In addition to the municipal submission procedure
described above, an applicant for a minor subdivision shall submit
the following applications, if applicable, at the same time that the
municipal application is filed:
(a)
Burlington County Planning Board for review or approval. The
municipal Planning and Zoning Board or Zoning Board of Adjustment
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the Burlington County Planning
Board or approval by that agency by its failure to report thereon
within the required time period.
B.
Completeness.
(1)
An applicant for a minor subdivision shall submit to the Administrative
Officer a plat and other such information as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for minor subdivision approval have been met.
(2)
If the application is declared complete by the Administrative Officer,
it shall be deemed to be properly submitted. If the application is
found to be incomplete, the applicant shall be notified, in writing,
of the deficiencies by the Administrative Officer within 45 days of
submission of such application, or it shall be deemed to be properly
submitted.
C.
Classification. Upon the submission of an application for land subdivision in compliance with Subsection A, the Planning and Zoning Board or the Zoning Board of Adjustment shall classify the subdivision as either exempt, minor or major in accordance with the definitions of "subdivision" and "minor subdivision" in § 275-6 of this chapter.
D.
Required information. The applicant shall submit 12 copies of a plat
signed and sealed by an appropriately licensed professional and based
upon survey, Tax Map or deed information. At the option of the Planning
and Zoning Board or Zoning Board of Adjustment, a certified survey
may be required to clarify land dimensions, verify dimensions just
meeting requirements of this chapter or ascertain factual information
regarding rights-of-way or easements. The sketch plat shall conform
to the following standards:
(1)
Plat size of 15 inches by 21 inches, 24 inches by 36 inches or 30
inches by 42 inches.
(2)
Scale not less than one inch equals 50 feet.
(3)
A scaled key map showing the entire subdivision in relation to the
surrounding area and roadway system.
(4)
The Tax Map sheet, block and lot numbers.
(5)
Names and addresses of the owner, subdivider and person preparing
the plat.
(6)
Names of all adjoining property owners within 300 feet of said parcel
as disclosed by the most recent municipal tax records.
(7)
All existing structures and their corresponding uses within the parcel
to be subdivided and within 300 feet of said parcel.
(8)
North arrow, scale at which the plat is drawn and date of preparation
and all revisions.
(9)
Acreage, to the nearest tenth of an acre, of the entire tract and
of all newly proposed parcels.
(10)
Number of new lots being created.
(11)
The dimensions of all proposed lot lines of all new lots being
created and of parcels being retained and of all existing lot lines
to be eliminated by the proposed subdivision.
(12)
All existing and proposed streets and easements, including public
utility easements, within or adjoining the proposed subdivision.
(13)
Location, size and direction of flow of all streams, brooks,
lakes, watercourses, drainage structures and drainage ditches in the
area to be subdivided and within 200 feet of the proposed subdivision.
(14)
Boundaries of all floodplains, CAFRA areas, wetlands, wild and
scenic river zones and all other environmental districts.
(15)
Classification of the zoning district or districts in which
the proposed subdivision or development is located.
(16)
Copy of a USGS quadrangle map on which the boundaries of the
subject property and all proposed subdivisions or development are
shown.
(17)
Existing and proposed facilities to provide water for the use
and consumption of occupants of all buildings which will serve the
proposed subdivision or development.
(18)
Existing and proposed wastewater facilities for the use of occupants
of all buildings which will serve the proposed subdivision or development,
including the following information:
(a)
On-site treatment and holding facilities: location, size, type
and capacity.
(b)
Soil borings and percolation tests: in accordance with N.J.S.A. 58:11-23 et seq., and indicating boring locations, soil logs, soil boring elevations, groundwater elevation, estimated seasonal high water. The on-site wastewater system must demonstrate that it can meet the water quality standards of § 275-96, Wastewater management standards.
(19)
A soils map, including a copy of the Burlington County Soils
Survey showing the location of the proposed subdivision or development.
(20)
A vegetation map showing existing vegetation, identifying predominant
vegetation types in the area, identifying all trees with trunk diameters
in excess of 12 inches which are proposed to be removed and showing
proposed landscaping of the subject property, including the tree line
location before and after development.
E.
Required endorsements. The following endorsements shall be on the
submitted plat:
[Amended 9-2-1993 by Ord. No. 1993-8]
I CONSENT TO THE FILING OF THIS SITE PLAN/SUBDIVISION PLAT WITH
THE WASHINGTON TOWNSHIP PLANNING AND ZONING BOARD OR ZONING BOARD
OF ADJUSTMENT AND THE BURLINGTON COUNTY PLANNING BOARD.
| ||
(Owner)
|
(Date)
| |
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN/SUBDIVISION
PLAT AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT.
| ||
(Name and License No.)
|
(Date)
| |
APPROVED BY THE WASHINGTON TOWNSHIP PLANNING AND ZONING BOARD
OR ZONING BOARD OF ADJUSTMENT
| ||
_____ PRELIMINARY
|
____ FINAL
| |
(Chairperson)
|
(Date)
| |
(Secretary)
|
(Date)
| |
APPROVED BY THE BURLINGTON COUNTY PLANNING BOARD
This plan is hereby approved by the Burlington County Planning
Board subject to the restrictions, agreements and conditions set forth
by the Burlington County Planning Board.
| ||
(Chairperson)
|
(Date)
| |
(Secretary)
|
(Date)
| |
I HAVE REVIEWED THIS SITE PLAN/SUBDIVISION PLAT AND CERTIFY
THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION.
| ||
(Township Engineer)
|
(Date)
|
F.
Procedure.
(1)
Upon receipt of an application, plat and accompanying exhibits, the
Administrative Officer shall distribute copies to the Municipal Engineer,
Construction Official and any other official or agency as may be designated
by the Planning and Zoning Board or Zoning Board of Adjustment.
(2)
Officials and agencies cited above shall forward reviews and recommendations,
in writing, to the Planning and Zoning Board or Zoning Board of Adjustment
within 30 days of receipt. During the same time period, the Administrative
Officer shall review the application and plat for completeness and
shall notify the developer of his or her findings within 45 days.
(4)
Except when variances or similar ancillary powers are being exercised,
minor subdivision 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. Failure of the Planning and Zoning Board or Zoning Board
of Adjustment to act within the period described shall constitute
minor subdivision approval, and a certificate of the Administrative
Officer as to the failure of the Planning and Zoning Board or Zoning
Board of Adjustment to act shall be issued on request of the applicant.
The certificate 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 a subdivision.
(5)
Whenever review or approval of the application by the Burlington
County Planning Board is required, the Planning and Zoning Board or
Zoning Board of Adjustment shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
Burlington County Planning Board or approval by its failure to report
thereon within the required time period.
(6)
Approval of the municipality shall not be effective and no development
shall be carried out prior to a determination of whether the development
approval will be reviewed by the Pinelands Commission. If the applicant
is notified that the Pinelands Commission will review the application
for development, no development shall be carried out until such review
has been completed, and no plat shall be signed by the municipality
until a timely determination has been received from the Pinelands
Commission.
(7)
Where a prior approval has been granted by the municipality, no subsequent
approval of an application shall be obtained until either notification
is received from the Pinelands Commission that review of the municipality's
approval is not required or that review of the municipality's approval
has been completed and a final order regarding the approval is received
from the Pinelands Commission.
(8)
If the Planning and Zoning Board or Zoning Board of Adjustment acts
favorably upon an application, the Chairperson and Secretary shall
affix their signatures to the plat with a notation that it has received
approval and shall return same to the applicant. Where conditional
approval is granted, the Chairperson or Secretary shall affix his
or her signature to the plat only when all conditions required for
approval have been met.
G.
Effect of approval.
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
Subject to the provisions for Pinelands review set forth in § 275-105, minor subdivision approval shall be deemed to be final approval of the subdivision, provided that the Planning and Zoning Board or Zoning Board of Adjustment may condition its approval on terms assuring the provision of improvements and performance guarantees, approvals from external agencies with jurisdictional review authority, and on any other terms stated by either the Planning and Zoning Board or Zoning Board of Adjustment.
(2)
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 approval, provided that the approved minor subdivision shall have been recorded as provided in Subsection I.
H.
Notice of approval. Upon memorialization by the Board of action taken
on an application for either a subdivision, site plan or variance,
notice of either the approval or denial shall be published in the
official newspaper by the Board Secretary, at the expense of the applicant,
and such expense shall be applied to the applicant's escrow account.
[Amended 5-4-1989 by Ord. No. 1989-4; 9-11-2012 by Ord. No. 2012-09]
I.
Filing. 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 applicant with the County
Recording Officer, the Municipal Engineer and the Municipal Tax Assessor.
J.
Resubdivision. Any lands, lots or parcels resulting or remaining
from a minor subdivision may not be submitted for another minor subdivision
for a period of 24 months from the date of initial municipal approval.
A.
Submission.
(1)
Submission to the municipality. An applicant for preliminary major subdivision approval shall submit to the Administrative Officer 12 copies of an application for subdivision review, the application fee listed in § 275-112 and 12 copies of a preliminary major subdivision plat containing the information outlined in Subsection D two weeks prior to a regularly scheduled meeting of the Planning and Zoning Board or Zoning Board of Adjustment. The application shall include or be accompanied by the following minimum information:
(a)
All the information required in § 275-56A(1)(a) through (g).
(b)
Statement of all legal, beneficial, tenancy and contractual
interests held in or affecting the subject property, including a recently
certified abstract of title or commitment for title insurance.
(c)
If phased development is proposed, a schedule of development,
including starting and completion dates for each phase and any open
space areas apportioned to each stage of development.
(d)
Traffic circulation plan.
(2)
Concurrent submissions. In addition to the municipal submission procedure
described above, an applicant for a major subdivision shall submit
the following applications prior to or at the same time the municipal
application is filed:
(a)
Burlington County Planning Board for review or approval. The corresponding conditions and controls of § 275-56A(2)(a) are applicable to this category.
B.
Completeness.
(1)
An applicant for a major subdivision shall submit to the Administrative
Officer a plat and such other information as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for preliminary approval have been met. The plat and any other engineering
documents to be submitted may be in tentative form for discussion
purposes for preliminary approval.
(2)
If the application is declared complete by the Administrative Officer, it shall be deemed to be properly submitted. If the application is found to be incomplete, the applicant shall be notified, in writing, of the deficiencies by the Administrative Officer within 45 days of the submission of such application or it shall be deemed to be properly submitted. See also § 275-6, the definition of "complete application."
C.
Classification. Upon submission of an application for land subdivision in compliance with Subsection A, the Planning and Zoning Board or Zoning Board of Adjustment shall classify the subdivision as either exempt, minor or major in accordance with the definitions of "subdivision" and "minor subdivision" in § 275-6 of this chapter.
D.
Required information. The applicant shall submit 12 copies of a plat
signed and sealed by an appropriately licensed professional, and the
application shall be accompanied by a certified survey. The preliminary
plat shall conform to the following standards:
(2)
Name of the proposed development.
(3)
Certified survey with topographic contours at one-foot intervals
and based upon NGVD 1929 MSL datum.
(4)
The results of all soil borings and percolation tests taken at the
rate of one per five acres and complying with N.J.S.A. 58:11-23 et
seq.
(5)
Soil classifications and expected seasonal high water table levels
as reported in the Soil Survey of Burlington County, New Jersey.
(6)
Grading plan, including proposed first floor elevations.
(7)
Plans and profiles of all existing and proposed streets located in
or within 200 feet of the subject property. Stationing and elevations
shall be included. Driveways within 200 feet shall also be shown.
(8)
Typical street cross-sections showing roadway construction, shoulder
improvements, drainage swales and any other proposed improvements.
(9)
Sight triangles at street intersections.
(10)
Existing and proposed street rights-of-way and drainage rights-of-way,
including those indicated on the Official Map.
(11)
Plans and profiles of all existing or proposed drainage improvements
located in or within 200 feet of the subject property, including type,
grades, pipe diameters and inverts, swale dimensions, drainage bed
materials and dimensions, elevations and pertinent construction details.
Stream bed elevations and cross-sections may be required to ascertain
right-of-way widths, stream capacity or flood elevations.
(12)
Soil erosion and sedimentation control measures to protect on-site
soils during the course of construction and stabilization, and measures
taken to safeguard adjoining properties and watercourses from sedimentation.
If a soil erosion control plan is required by the Burlington County
Soils Conservation District, a copy of the required plans, details
and reports shall be filed with the municipality.
(13)
Drainage calculations and design sheets signed and sealed by an appropriately licensed professional and including the runoff formula, design storm, estimated runoff, capacity analysis, design data for detention or retention devices, inverts and related design information, all in accordance with § 275-94, Stormwater management standards.
(14)
A brief, quantitative report of the evaluation of runoff on downstream property owners, including pre-development runoff, developed runoff, watercourse flow and capacity. If on-site detention or retention is proposed, storage calculations and at-depth percolation test results shall also be submitted in accordance with § 275-94, Stormwater management standards.
(15)
Proposed lighting plan, including locations, types, intensities
and details of standards and fixtures.
(16)
Landscaping, landscaping schedule, cross-sections of proposed
buffer areas and limitations placed upon landscaping within sight
triangles.
(17)
Existing and proposed signs.
(18)
Locations of all existing and proposed utility services.
(19)
Designation of all off-tract improvements required for subdivision
or development of the site.
(20)
A corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots, a variance to construct a
multiple dwelling unit with 25 or more dwelling units or approval
for a commercial property shall disclose a listing of all stockholders
or partners owning an interest of at least 10% in the corporation
or partnership. If the owner is itself a corporation or partnership,
it shall also list all stockholders or partners owning an interest
of at least 10% in the corporation or partnership.
E.
Required endorsements. All the endorsements required in § 275-56E are required on the preliminary major subdivision plat.
F.
Procedure.
(1)
Upon receipt of an application, plat and accompanying exhibits, the
Administrative Officer shall distribute copies to the Municipal Engineer,
Construction Official and any other official or agency as may be designated
by the Planning and Zoning Board or Zoning Board of Adjustment.
(2)
Officials and agencies cited above shall forward reviews and recommendations,
in writing, to the Planning and Zoning Board or Zoning Board of Adjustment
within 30 days of receipt. During the same time period, the Administrative
Officer shall review the plat for completeness and shall notify the
developer of his or her findings within 45 days.
(4)
A public hearing shall be held for all preliminary major subdivisions and preliminary major site plans. Public notice shall be provided by the applicant as specified in Section 6, Article III, of the Land Use Procedures Ordinance No. 2-1977, and the public hearing shall be conducted in accordance with Section 5, Article III, of the same ordinance.
(5)
The applicant shall provide notice of any public hearing in accordance with § 275-105D(2).
[Amended 5-4-1989 by Ord. No. 1989-4]
(6)
The Pinelands Commission may participate in any meeting, hearing
or other formal proceeding involving the subdivision or development
of land in the municipality.
(7)
If the Planning and Zoning Board or Zoning Board of Adjustment requires
any substantial amendment in the layout of improvements proposed by
the applicant that have been the subject of a public hearing, an amended
application shall be submitted and shall undergo the same procedure
as in the case of the original application.
(8)
If the proposed subdivision or development complies with this chapter,
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the guidelines
and requirements of the Pinelands Commission, the Planning and Zoning
Board or Zoning Board of Adjustment shall grant preliminary approval
to the subdivision or development.
(9)
Except when variances or similar ancillary powers are being exercised,
preliminary subdivision 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, for subdivisions of 10 or fewer lots. For subdivisions
of more than 10 lots, preliminary subdivision approval shall be granted
or denied within 95 days, subject to the same conditions above. Otherwise,
the Planning and Zoning Board or Zoning Board of Adjustment shall
be deemed to have granted preliminary approval to the subdivision.
(10)
Whenever review or approval of the application by the Burlington
County Planning Board is required, the Planning and Zoning Board or
Zoning Board of Adjustment shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
Burlington County Planning Board or approval by its failure to report
thereon within the required time period.
(11)
Approval of the municipality shall not be effective and no development
shall be carried out prior to a determination of whether the development
approval will be reviewed by the Pinelands Commission. If the applicant
is notified that the Pinelands Commission will review the application
for development, no development shall be carried out until such review
has been completed.
(12)
Where a prior approval has been granted by the municipality,
no subsequent approval of an application shall be obtained until either
notification is received from the Pinelands Commission that review
of the municipality's approval is not required or that review of the
municipality's approval has been completed and a final order regarding
the approval is received from the Pinelands Commission.
(13)
If the Planning and Zoning Board or Zoning Board of Adjustment
acts favorably upon an application, the Chairperson and Secretary
shall affix their signatures to the plat with a notation that it has
received approval and shall return same to the applicant. Where conditional
approval is granted, the Chairperson and Secretary shall affix their
signatures to the plat only when all of the conditions required for
approval have been met.
G.
Effect of approval. Subject to the provisions for Pinelands review set forth in § 275-105, preliminary approval of a major subdivision or site plan shall, except as provided in Subsection G(4) below, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
The general terms and conditions upon which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout and design standards, lot size, yard dimensions
and off-tract improvements, natural resource preservation, vehicular
and pedestrian circulation, parking and loading, screening and landscaping,
and lighting, except that nothing herein shall prevent the municipality
from modifying such general terms and conditions of preliminary approval
as relate to public health and safety.
(2)
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.
(3)
The applicant may apply for and the municipality 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, provided that
if the design standards have been changed by ordinance, such revised
standards may govern.
(4)
In the case of an application for subdivision or development of an area of 50 acres or more, the Planning and Zoning Board or Zoning Board of Adjustment may grant the rights for preliminary approval for a period longer than three years, taking into consideration the size and scope of the proposed development, economic conditions and the comprehensiveness of the development. In addition, the time limits assigned in Subsection G(3) above may be granted for longer periods after consideration of the above items.
H.
Notice of approval. The corresponding conditions and controls of § 275-56H are applicable to this category.
I.
Filing. There are no applicable filing requirements for preliminary
major subdivisions.
J.
Resubdivision. There are no restrictions on resubdivisions of preliminary
major subdivisions.
A.
Submission.
(1)
Submission to the municipality. An applicant for final major subdivision approval shall submit to the Administrative Officer 12 copies of an application for subdivision review, the application fee listed in § 275-112 and 12 copies of a final major subdivision plat containing the information outlined in Subsection D two weeks prior to a regularly scheduled meeting of the municipal agency. The application shall include or be accompanied by the following minimum information:
(a)
All the information required in § 275-57A(1)(a) through (d).
(2)
Concurrent submissions. The corresponding conditions and controls of § 275-57A(1) are applicable to this category.
B.
Completeness. The corresponding conditions and controls of § 275-57B are applicable to this category except that all plats and other engineering documents shall be in final form.
C.
Classification. This category is not applicable to a final major
subdivision application or plat.
D.
Required information.
(1)
The applicant shall submit 12 copies of a final plat signed and sealed
by a licensed land surveyor, and the plat shall conform to the following
standards:
(b)
Tract boundary lines, right-of-way lines of streets, easements,
other rights-of-way of lands to be reserved or dedicated to public
use, street names. All lot lines and other site lines shall have accurate
dimensions and bearings or deflection angles. All curves shall have
accurate radii, arcs and central angles.
(c)
Purpose of any easement or land reserved or dedicated to public
use; proposed use of sites other than residential.
(d)
Each block and lot shall be assigned numbers by the Municipal
Tax Assessor, and these numbers shall be shown on the plat.
(e)
Minimum building setback lines on all lots; locations of all
sight triangles.
(f)
Location and description of all monuments.
(g)
Licensed land surveyor's certification of the accuracy of the
plat.
(2)
The final major subdivision plat shall also be accompanied by 12
copies of a revised preliminary major subdivision plat incorporating
all the changes or modifications required by the Planning and Zoning
Board or Zoning Board of Adjustment during the course of preliminary
approval. The final plat shall also be accompanied by the following:
(a)
A letter from the applicant stating that no changes other than
those noted on the plat have occurred.
(b)
A letter from the Municipal Engineer indicating that the applicant
has completed the installation of all improvements in accordance with
the requirements of this chapter or has posted with the Municipal
Clerk a performance surety in an amount sufficient to cover the cost
of all improvements required as estimated by the applicant's engineer
and approved by the Municipal Engineer.
(c)
A certification from the Municipal Tax Collector that all taxes
have been paid to date.
(d)
A certification from the Municipal Clerk that the amount, form and content of the performance or maintenance surety is acceptable to the governing body and that fees required for the costs of construction inspection, other than those related to building permits, have been paid as calculated in § 275-112.
E.
Required endorsements. The following endorsements shall be on the
submitted plat:
F.
Procedure.
(1)
Upon receipt of an application, plat and accompanying exhibits, the
Administrative Officer shall distribute copies to the Municipal Engineer,
Construction Official and any other official or agency as may be designated
by the Planning and Zoning Board or Zoning Board of Adjustment.
(2)
Officials and agencies cited above shall forward reviews and recommendations,
in writing, to the Planning and Zoning Board or Zoning Board of Adjustment
within 30 days of receipt. During the same time period, the Administrative
Officer shall review the plat for completeness and shall notify the
developer of his or her findings within 45 days.
(4)
If the proposed subdivision or development complies with this chapter,
the conditions of preliminary approval, the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., the Map Filing Law, N.J.S.A. 46:23-9.9
et seq., and the guidelines and requirements of the Pinelands Commission,
the Planning and Zoning Board or Zoning Board of Adjustment shall
grant final approval to the subdivision or development.
(5)
Except when variances or similar ancillary powers are being exercised,
final subdivision 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. Failure of the Planning and Zoning Board or Zoning Board
of Adjustment to act within the period described shall constitute
final approval, and a certificate of the Administrative Officer as
to the failure of the Planning and Zoning Board or Zoning Board of
Adjustment to act shall be issued on request of the applicant. The
certificate 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 the subdivision.
(6)
Whenever review or approval of the application by the Burlington
County Planning Board is required, the Planning and Zoning Board or
Zoning Board of Adjustment shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
Burlington County Planning Board or approval by its failure to report
thereon within the required time period.
(7)
Approval by the municipality shall not be effective and no development
shall be carried out prior to a determination of whether the development
approval will be reviewed by the Pinelands Commission. If the applicant
is notified that the Pinelands Commission will review the application
for development, no development shall be carried out until such review
has been completed.
(8)
Where a prior approval has been granted by the municipality under
this chapter, no subsequent approval of an application shall be obtained
until either notification is received from the Pinelands Commission
that review of the municipality's approval is not required or that
review of the municipality's approval has been completed and a final
order regarding the approval is received from the Pinelands Commission.
If no prior approval has been granted by the municipality, then a
certificate of filing from the Pinelands Commission shall be required.
(9)
If the Planning and Zoning Board or Zoning Board of Adjustment acts
favorably upon an application, the Chairperson and Secretary shall
affix their signatures to the plat with a notation that it has received
approval and shall return same to the applicant. Where conditional
approval is granted, the Chairperson and Secretary shall affix their
signatures to the plat only when all conditions required for approval
have been met.
G.
Effect of approval.
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
Subject to the provisions for Pinelands review set forth in § 275-105, final approval of a major subdivision or site plan shall confer upon the applicant the following rights:
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the applicant pursuant
to the preliminary review process, whether granted conditionally or
otherwise, shall not be changed for a period of two years after the
date of final approval.
(b)
The applicant may apply for and the municipality may grant extensions
on such final approval for additional periods of at least one year
but not to exceed three extensions.
(c)
In the case of an application for subdivision or development for an area of 150 acres or more, the Planning and Zoning Board or Zoning Board of Adjustment may grant the rights for final approval for a period longer than two years, taking into consideration the size and scope of the proposed development, economic conditions and the comprehensiveness of the development. In addition, the time periods assigned in Subsection G(1)(b) above may be granted for longer periods after consideration of the above items.
(2)
The granting of final approval terminates the time period of preliminary
approval but only for that section granted final approval.
H.
Notice of approval. The corresponding conditions and controls of § 275-56H are applicable to this category.
I.
Filing. Approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the applicant with the County Recording
Officer. The Planning and Zoning Board or Zoning Board of Adjustment
may, for good cause shown, extend the period for recording for an
additional period not to exceed 190 days from the signing of the plat.