The developer shall file with the appropriate administrative
officer a development application.
The administrative officer shall, within 14 days after receipt
of a development application, make a determination as to whether the
Zoning Board of Adjustment or Planning Board has jurisdiction.
The administrative officer shall, within 45 days of submission
of a development application, notify the developer whether the submission
is or is not a complete application. Failure to do so shall deem the
application to be properly submitted.
The following development applications shall require notice of a public hearing by the Planning Board or Board of Adjustment prior to the hearing (notice of such hearing to follow the provisions of §
515-32 of this chapter):
A. Preliminary approval of major subdivisions.
B. Any application involving a variance of any kind.
C. Any application for a conditional use.
D. Any application whereby the Planning Board reviews applications for
approval of subdivision plats, site plans or conditional uses and
has the power to grant to the same extent and subject to the same
restrictions as the Board of Adjustment:
(1) Variances pursuant to Subsection 57C of the Municipal Land Use Law from lot area, lot dimensions, setback and yard requirements,
provided that such relief from lot area requirements shall not be
granted for more than one lot.
(2) In accordance with the provisions of N.J.S.A. 40:55D-34, direction
for the issuance of a permit for a building or structure in the bed
of a mapped street or public drainageway, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
(3) In accordance with the provisions of N.J.S.A. 40:55D-36, direction
for the issuance of a permit for a building or structure not related
to a street.
E. Any application whereby the Board of Adjustment reviews applications
to:
(1) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map, but
only by an affirmative vote of a majority of the full authorized membership
of the Board.
(2) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
F. Any application to the Board of Adjustment involving an appeal pursuant
to N.J.S.A. 40:55D-70a or involving a request for interpretation or
a decision upon another special question pursuant to N.J.S.A. 40:55D-70b.
G. Any type of application involving a planned development as defined
in the Municipal Land Use Law.
H. Any other type of application requiring a public hearing under the
provisions of the Municipal Land Use Law.
Unless the developer agrees to an extension, a Board must grant
or deny approval of a development application within the following
number of days after submission of a complete application.
A. In the case of the Planning Board:
(1) For a minor subdivision: 45 days.
(2) For a preliminary major subdivision:
(a)
For 10 lots or less: 45 days.
(b)
For more than 10 lots: 95 days.
(3) For a final major subdivision: 45 days.
(4) For a preliminary site plan:
(a)
For 10 acres of land or less: 45 days.
(b)
For more than 10 acres of land: 95 days.
(5) For a final site plan: 45 days.
(6) For a conditional use permit: 95 days.
(7) For a combined application:
(a)
For a conditional use permit and a site plan: 95 days.
(b)
For a subdivision plat and a conditional use permit or site
plan: the longest time period for action by the Planning Board, whether
it be for subdivision, conditional use or site plan approval.
(c)
For a subdivision plat, site plan or conditional use permit
and certain zoning variances or direction of the issuance of a permit
for a building not related to a street or in an area designated on
the Official Map for public acquisition or use: 95 days.
B. In the case of the Board of Adjustment. The Board of Adjustment shall
render its decision not later than 120 days after the date an appeal
is taken from the decision of an administrative officer or the submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-72b.
C. Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.6), in the case of a site plan, the Planning Board or Board
of Adjustment 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.
D. In the event the Planning Board or Board of Adjustment does not render
a decision within the time periods prescribed above, and the applicant
has not agreed to an extension of time, the application is deemed
approved in accordance with the Municipal Land Use Law by the failure
of the Board to so render a decision within the required time.
E. Expedited hearings of affordable housing applications. The Planning
Board or the Board of Adjustment shall give priority review status
to affordable housing development applications made under this article.
[Amended 5-14-1998 by Ord. No. 1482]