The applicant shall submit 18 copies of the application together with 18 legible prints containing all information required in the appropriate checklist along with all appropriate fees as outlined in this chapter at least two weeks prior to 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]
The Secretary of the Approving Board shall forward copies of the map to the following officials for review and comment where appropriate:
In appropriate cases, the Approving Board shall have the authority to approve a minor site plan without the necessity of any specific referrals. The Approving Board shall also have the authority to refer any map to other agencies or individuals for comment or recommendations.
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.
The applicant may request that one or more of the submission requirements be waived, in which event the Approving Board or its designee shall grant or deny the request within 45 days. In the event that the Approving Board 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.
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 § 11-111 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 hearings. 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 site plan 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 site plan approval, and a certificate by the Secretary as to the failure of the Approving Board to act shall be issued on request of the applicant.
A minor site plan approval shall be deemed to be a final approval of the site plan 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 and its amendments. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor site plan approval is granted shall not change for a period of two years from the date of the minor site plan approval. The Approving Board shall grant an extension of this period for a period determined by the Approving 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 approvals. The developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
After the approval of a minor site plan, copies of the signed map shall be distributed to the following, where appropriate: