A.
The applicant shall submit 18 copies of the application together with 18 legible prints containing all information required by the checklist in Article 23, along with all appropriate fees as outlined in this chapter, at least two weeks before the date of the regular meeting of the Approving Board at which the application is to be considered.
[Amended 6-12-2000 by Ord. No. 00-10]
B.
The Secretary of the Approving Board shall forward copies of the
plat to the following officials for review and comment, where appropriate:
C.
In appropriate cases, the Approving Board shall have the authority
to approve a minor subdivision without the necessity of any specific
referrals. The Approving Board shall also have the authority to refer
any plat to other agencies or individuals for comment or recommendations.
A.
The Approving Board or its designee shall, within 45 days of the submission of an application for development, make a determination that the application for development is complete or incomplete in accordance with the requirements of the checklist in Article 23. If the Approving Board shall determine that the application is incomplete, the Approving Board or its designee shall advise the applicant or its attorney, in writing, the reasons why the application is incomplete within 45 days of the submission of the application for development. In the event that the Approving Board or its designee does not certify the application to be incomplete or complete within 45 days of the date of submission of an application for development, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time.
B.
The applicant may request, in writing, that one or more of the submission
requirements be waived. The applicant shall include the reasons for
said request. The Approving Board or its designee shall grant or deny
the request within 45 days. In the event that the Approving Board
or its designee shall deem the application incomplete in accordance
with the provisions of this section, any resubmissions by the applicant
shall be reviewed and certified to be complete within 45 days of the
submission of those resubmissions.
C.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application. The Approving Board may subsequently
request correction of any material found to be in error and submission
of additional information not specified in this chapter 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 an application for development have been met. The application
for development shall not be deemed incomplete for lack of any such
additional information.
The officials and agencies cited in § 11-74B above shall forward their comments and recommendations, in writing, to the Approving Board within 30 days from the receipt of the plat.
[Amended 12-22-2005 by Ord. No. 05-22]
At the time when the Approving Board considers the application and determines that the application is complete and ready for public hearing, the Approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the Approving Board, the applicant shall follow the procedures established in this chapter with respect to the notice of hearing. See § 11-34.
The Approving Board may require the filing of an amended application
which shall proceed as in the case of the original application for
development. No additional application fee shall be required. Completeness
review shall be at the discretion of the Approving Board. The time
within which the Approving Board shall review the amended application
and make its determination shall commence as of the date of the filing
of the amended plat. If the applicant fails to submit an amended application
within the original time for review authorized by this chapter, the
Approving Board shall be obligated to act on the original application.
If, at the discretion of the Approving Board, the change or changes
are considered minor in nature, the applicant may be given approval
subject to the submission of an amended plan indicating the changes.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, the Approving Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
The Approving Board shall approve, conditionally approve or
deny a minor subdivision within 45 days of the determination of the
Approving Board that the application is complete, unless the applicant
shall extend the period of time within which the Board may act. Failure
of the Approving Board to act within the period of time prescribed
shall constitute minor subdivision approval, and a certificate of
the Secretary as to the failure of the Approving 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.
A.
Approval of a minor subdivision shall expire 190 days from the date
on which the resolution of memorialization approval is adopted 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 subdivision is filed by the developer
with the county recording officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall be signed by the Chairman and Secretary of the Planning Board.
The Planning Board may accept a plat not in conformity with the Map
Filing Law (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer
chooses to file the minor subdivision as provided herein by plat rather
than by deed, such plat shall conform with the provisions of said
Act.
B.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which a minor subdivision approval
was granted shall not be changed for a period of two years after the
date on which the resolution of minor subdivision approval was adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided hereinbefore.
C.
The Approving Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed pursuant to this section
if a developer proves to the reasonable satisfaction of the Approving
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental agencies and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the time
of delay caused by the wait for the required approvals, as determined
by the Approving Board. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
D.
The Approving Board shall grant an extension of minor subdivision
approval for the period determined by the Board, but not exceeding
one year from what would otherwise be the expiration date if the developer
proves to the reasonable satisfaction of the Approving Board that
the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other governmental entities and that the developer
applied promptly for and diligently pursued the required approvals.
A developer shall apply for the extension before what would otherwise
be the expiration date of minor subdivision approval or the 91st day
after the developer receives the last legally required approval from
other governmental entities, whichever occurs later.
[Amended 5-14-2007 by Ord. No. 07-07; 7-8-2013 by Ord. No. 13-07]
Any lands, lots or parcels resulting from a minor subdivision
may not be resubmitted as a minor subdivision for an eighty-four-month
period from the date of initial approval as a minor subdivision where
the cumulative total will exceed four lots.
Approval of a minor subdivision shall be deemed to be a final
approval of the subdivision by the Approving Board, provided that
the Board may condition such approval on terms ensuring the provision
of improvements as may be required pursuant to the Municipal Land
Use Law, as amended (N.J.S.A. 40:55D-1 et seq.).
After the approval of a minor subdivision, copies of the signed
plat shall be distributed to the following, where appropriate:
