The applicant shall comply with the reasonable conditions imposed
by the approving authority. Where County Planning Board or some state
agency review or approval is required, the approving authority shall
condition any approval it grants upon either timely receipt of a favorable
report from the County Planning Board or state agency, or approval
by the County Planning Board or state agency due to its failure to
submit a report within the required time period. If the county or
state report is timely and is negative or attaches mandatory conditions,
the original action by the municipal approving authority shall be
void and the application shall be denied and a new resolution adopted
which considers the County Planning Board or state report.
The approving authority, when acting upon applications and requests
submitted in writing, shall have the power to grant such exceptions
from the subdivision and site plan requirements as may be reasonable
and within the general purpose and intent of the provisions for subdivision/site
plan 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.
[Amended 10-28-2010 by Ord. No. 1544]
The approving authority may waive required notices and hearings for an exempt subdivision and exempt site plan except where a variance or conditional use is part of the application. An exempt site plan shall be as defined herein and, for purposes of classification of the site plan as exempt, the procedures of §
200-25 shall be followed. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority following its review of any recommendation(s) submitted by the Board's Exempt Subdivision and Site Plan Review Committee as created in accordance with §
200-15B. The approving authority's action shall be taken following submission of documentation to the approving authority showing the divisions by testamentary or interstate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, a court of competent jurisdiction, or administrative officer, as appropriate, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required, nor may alterations or improvements be made, nor permits issued.
[Amended 10-28-2010 by Ord. No. 1544]
Site plan approval is required for all developments which do not meet the definition of "site plan, exempt" in Article
III. For exempt site plans, the exempt classification shall be determined by the approving authority after its review of any recommendation(s) made by the Board's Exempt Subdivision and Site Plan Committee created in accordance with §
200-15B, as well as a review of the applicant's submission of a written application, including nine copies of a sketch plat accurately depicting what is proposed. If the proposed site plan is classified exempt by the approving authority, no further site plan approval shall be required. If the proposed site plan is not classified exempt, the applicant shall comply with all the applicable provisions pertaining to site plan approval as set forth below.