[Ord. No. O-07-06 §§ 4—10]
A.
General.
1.
Upon receipt of a complete application, the Administrative Officer
shall forward same to the appropriate Board pursuant to Sections 21-27
and 21-44 and may send a copy for information or for report and recommendation,
according to the direction of the Board, to each of the following:
a.
Board Engineer.
b.
Planner.
c.
Zoning Officer.
d.
Administrator of Public Works.
e.
Police Department.
f.
Fire Inspector.
g.
Tax Collector.
h.
Shade Tree Commission.
i.
Environmental Commission.
j.
Tax Assessor, for the assignment of new lot numbers (prior to final).
k.
Such other Federal, State, County and municipal officials and agencies
as directed by the Planning Board.
2.
The Board shall review the application along with reports required
from any officials or agencies.
3.
The Board shall grant or deny the application within the times of submission of a complete application prescribed in Section 21-56 above or within such further time as may be consented to by the applicant.
4.
Failure of the Board to act within the period prescribed shall constitute
approval, and a certificate of the Borough Clerk as to the failure
of the 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.
The applicant shall be notified of the Board's action within one (1)
week of its action.
5.
Whenever review or approval of an application by the County Planning
Board is required, the applicant shall be responsible for the filing
of that application and the 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.
6.
Whenever review or approval of an application by the New Jersey Department
of Transportation is required, the applicant shall be responsible
for filing that application and the Board shall condition any approval
that it grants upon the timely receipt of a favorable report or approval
from NJDOT.
8.
Prior to the filing of any deed, plan or plat, the Borough Engineer
shall review same to determine its accuracy and completeness.
B.
Minor Subdivision Plat. Prior to subdividing or resubdividing land within the Borough, an application shall be filed in accordance with Section 21-55 and shall contain all data and information prescribed in Section 21-58A.
1.
The Board shall classify the application as either a minor or major subdivision. If classified as a minor subdivision and approved by the Board, the plat shall be signed by the Chairman and Secretary of the Board. One (1) copy of the signed plat shall be returned to the applicant within one (1) week following the Board meeting at which approval is granted. No further Board approval shall be required. In classifying a plat as a minor subdivision, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements pursuant to Section 21-59.
2.
Classification as a minor subdivision shall expire one hundred ninety
(190) days from the date of approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the minor subdivision is filed by the developer with the
County Recording Officer, the Borough Engineer and the Borough Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and Secretary of the Board. In reviewing
the application for a minor subdivision, the Board shall be permitted
to accept a plat not in conformity with the Map Filing Act, P.L. 1960,
c. 141 (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 deed, such plat shall conform with the provisions of said act.
3.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which the minor subdivision is granted
shall not be changed for a period of two (2) years after the date
of minor subdivision approval, provided that said minor subdivision
shall have been duly recorded as provided in this section.
4.
If the application for a minor subdivision is classified as a major
subdivision, the subdivider will be so notified. No further Board
action on the application shall be required, and the subdivider shall
follow the procedures contained herein for processing approval of
a preliminary and final plat of a major subdivision.
C.
Minor Site Plan. For site plan applications classified by the Board as a minor site plan, an application shall be filed in accordance with Section 21-55 and shall contain such data and information prescribed in Section 21-58D as is necessary for the Board to make an informed decision on the application.
D.
Preliminary Major Subdivision Plat and Preliminary Major Site Plan. Application for approval of a preliminary subdivision or a preliminary site plan shall be filed in accordance with Section 21-55 and shall contain all information prescribed in Section 21-58B or Section 21-58E, as the case may be.
1.
If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in Section 21-11.
2.
If the Board requires any substantial amendment in the layout of
improvements proposed by the developer that have been the subject
of the hearing, an amended application shall be submitted and proceeded
upon, as in the case of the original application. The Planning Board
shall, if the proposed application complies with this chapter, grant
preliminary approval.
3.
If the Board favorably acts and grants preliminary approval, the
Chairman and Secretary of the Board shall affix their signatures to
the plat with a notation that it has received preliminary approval
and shall return the same to the subdivider for compliance with final
approval requirements. Where conditional approval is granted, the
Chairman and Secretary of the Board shall only sign the plats after
all conditions for approval have been met.
4.
Preliminary approval shall, except as provided in paragraph D5, confer
upon the applicant the following rights for a three (3) year period
from the date of the preliminary approval:
a.
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to use requirements;
layout and design standards for streets, curbs and sidewalks; lot
size; yard dimensions and off-tract improvements; except that nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
b.
The applicant may submit for final approval, on or before the expiration
date of preliminary approval, the whole or a section or sections of
the preliminary subdivision plat or site plan, as the case may be.
c.
The applicant may apply for and the Board may grant extensions on
such preliminary approval for additional periods of at least one (1)
year but not to exceed a total extension of two (2) years, provided
that, if the design standards have been revised by ordinance, such
revised standards may govern.
5.
In the case of a subdivision of or site plan for an area of fifty
(50) acres or more, the Board may grant the rights referred to above
for such period of time longer than three (3) years as shall be determined
by the Board to be reasonable, taking into consideration the number
of dwelling units and nonresidential floor area permissible under
preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant may apply for thereafter and the
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Board
to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
E.
Final Major Subdivision Plat and Final Major Site Plan. Application for approval of a final plat or a final site plan shall be filed in accordance with Section 21-55 and shall contain all the information prescribed in Sections 21-58C or 21-58F, as the case may be. Said application shall be filed within the period prescribed in Section 21-57D and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
1.
If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in Section 21-11.
2.
Effect of Final Approval.
a.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to paragraph D4a, whether conditionally or otherwise, shall not be
changed for a period of two (2) years after the date of final approval,
provided that, in the case of a major subdivision, the rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided in paragraph El. If the developer
has followed the standards prescribed for final approval and, in the
case of a subdivision, has duly recorded the plat as required in paragraph
El, the Board may extend such period of protection for extensions
of one (1) year, but not to exceed three (3) extensions. Notwithstanding
any other provisions of this chapter, the granting of final approval
terminates the time period of preliminary approval pursuant to paragraph
D3 for the section granted final approval.
b.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
fifty (50) acres or more or conventional subdivision of or site plan
for one hundred fifty (150) acres or more, the Board may grant the
rights referred to in paragraph E1 of this section for such period
of time longer than two (2) years as shall be determined by the Board
to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under final approval,
economic conditions and the comprehensiveness of the development.
The developer may apply for thereafter and the Board may thereafter
grant an extension of final approval for such additional period of
time as shall be determined by the Board to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
3.
(Reserved)
4.
Recording of Final Plat.
a.
Final approval of a major subdivision shall expire ninety-five (95)
days from the date of signing of the plat, unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The Board may for good cause shown extend the period
for recording and additional period not to exceed one hundred ninety
(190) days from the date of signing of the plat.
b.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Board as indicated by the
signature of the Chairman and Secretary of the Board or a certificate
has been issued pursuant to N.J.S.A. 40:55D-1 et seq. The signatures
of the Chairman and Secretary of the Board shall not be affixed until
the developer has posted the guaranties required pursuant to paragraph
D. If the County Recording Officer records any plat without such approval,
such recording shall be deemed null and void.
5.
Filing and Return of Prints. After final subdivision approval, one
(1) translucent tracing and one (1) cloth print shall be filed with
the Borough Clerk. The original tracing and one (1) cloth print shall
be returned to the subdivider.
6.
Filing of Plat with County Clerk. No building permit shall be issued
until final subdivision approval by the Board of the final plat and
said plat has been properly filed with the County Clerk within the
time or extended time required by paragraph E4. Proof of filing shall
be submitted to the Board Secretary prior to issuance of a building
permit.
7.
Building Permits for Site Plans. A building permit in connection
with a site plan may be issued prior to final approval, but only after
the installation of those improvements as the Board, upon advice of
the Borough Engineer, may find necessary as precedent to the issuance
of such permit. No Certificate of Occupancy in connection with a site
plan shall be issued until final site plan approval by the Board,
and final approval shall not be granted until all buildings and on-site
improvements are completed or performance guaranties posted.
8.
Temporary Certificate of Occupancy. Upon the written recommendation
of the Borough Council, the Construction Code Official may grant a
temporary Certificate of Occupancy. If a temporary Certificate of
Occupancy is issued, a performance guarantee shall be posted with
the Borough in an amount determined by the Borough Engineer to be
the fair value of the uncompleted work.
