Regulation of land development and the attachment of reasonable
conditions to development applications is an exercise of valid police
power delegated by the state to the City. The applicant shall comply
with reasonable conditions laid down by the approving authority for
design, dedication, improvements, and the use of the land to conform
to the physical and economical development of the municipality and
to the safety and general welfare of the future residents and owners
in the development and the community at large.
Where County Planning Board review or approval is required on
a subdivision or site plan, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable report
by the County Planning Board or approval by the County Planning Board
due to its failure to submit a report within the required time period.
If the county's report is negative or attaches conditions, the
original action by the municipal approving authority shall be null
and void, and a new resolution shall be adopted which considers the
County Planning Board's report.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the development requirements and standards in Article
III of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision or 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. Exceptions from N.J.A.C. 5:21, Residential Site Improvement Standards, as adopted and amended, may be granted consistent with RSIS requirements.
Divisions of land not considered a subdivision as defined in
the Municipal Land Use Law shall be exempt from compliance with the
requirements of this chapter. Unless exempted from the subdivision
regulations by the approving authority, no person can transfer, sell,
or agree to transfer or sell, as owner or agent, any land which forms
a part of subdivision for which approval is required.
The approving authority shall have the power to act upon subdivisions,
conditional uses or site plans simultaneously without the developer
making further application or the approving authority holding further
hearings. The longest time period for action by the approving authority,
whether it be for subdivision, conditional use or site plan approval,
shall apply. Whenever approval of a conditional use is requested by
the developer in conjunction with a site plan or subdivision, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
A site plan approval is required for all developments which
do not meet the definition of "site plan, exempt."