[Ord. No. 1992-32 § 4.1; Ord. No. 1993-49; Ord.
No. 1994-20 § 4]
The purpose of this Article is to establish the procedure for
review and action on applications requiring subdivision, site plan,
conditional use, or variance approval. The procedure is intended to
provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development
or construction other than an "exempt development," site plan and/or
subdivision approval shall be required prior to:
a.
Subdivision of Land.
b.
Issuance of a Development Permit or Building Permit.
c.
Commencement of any regulated use or activity, which includes:
1.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structures;
2.
The use or occupancy of any building, structure or land;
3.
The subdivision or resubdivision of any land.
4.
Any activity which entails the construction of any improvements or
the alteration of the natural condition of any land.
5.
The Planning Board, upon the recommendation of the Site Plan Committee
of the Planning Board, may waive the requirement for plan approval
where there is a change in use or occupancy and no extensive construction
or improvements are sought, or the improvements or construction are
de minimus in nature. The waiver may be granted only upon resolution
of the Planning Board finding that the use or de minimus improvements
or construction will not affect existing drainage, circulation, relationship
of buildings to each other, landscaping, buffering, lighting, and
other considerations of site plan approval, and that the existing
facilities do not require upgraded or additional site improvements.
The application for a waiver of site plan shall include the discussion
of the prior use of the site, the proposed use, and its impact. The
waiver can be granted only at a public meeting, with notice to be
given in accordance with N.J.S.A. 40:55D-12.
6.
The Zoning Board of Adjustment, upon recommendation of the Zoning
Board Review Committee, may approve application for waivers of variances
as set forth in 40-4.1c6(a) of this subsection. The Zoning Board of
Adjustment may establish procedural rules and regulations for the
operation of the Review Committee and may further promulgate such
forms as may be deemed appropriate for submission of applications
for waivers to the Review Committee. Each advisory recommendation
of the Review Committee shall be reported to the Zoning Board of Adjustment
at its next scheduled meeting and to the Construction Code Official
and Zoning Officer.
(a)
Any existing lot on which a building or structure is located
and which does not meet the minimum lot size, or a structure which
violates any yard requirements, may have additions to the principal
building and/or additions to, or construction of accessory building
without appeal for variance relief provided (i) the existing use(s)
on the lot are conforming to the permitted use(s) stipulated in the
zone for the lot in question; (ii) the permitted building coverage
is not exceeded; (iii) the accessory building and/or addition do not
violate any requirements of the zone such as, but not limited to,
height, setback and parking; (iv) where the improvements or construction
are de minimus in nature. Building permits shall be issued only upon
findings consistent with, this subsection and approval by the Zoning
Board of Adjustment at a public meeting with notice to be given in
accordance with N.J.S.A. 40:55D-12.
[Ord. No. 1992-32 § 4.2]
a.
At the request of the applicant, the Planning Board shall grant an
informal review of a concept plan for a development for which the
applicant intends to prepare and submit an application for development.
The purpose of the concept plan is to provide Planning Board
input in the formative stages of subdivision and site plan design.
b.
Applicants seeking an informal review of a concept plan shall submit the items stipulated in Article 12 of this chapter 21 days before the concept plan meeting. These items provide the developer and Planning Board with an opportunity to discuss the development proposal in its formative stages.
c.
A brief written summary of the concept plan review shall be provided
within 30 working days after the meeting.
d.
The applicant will be charged the fee established for informal review.
The amount of any fee for such informal review shall be a credit towards
fees for review of the application for development.
e.
The applicant shall not be bound by any concept plan for which review
is requested, nor shall the Planning Board be bound by any such review.
f.
The applicant uses the information resulting from any informal review
of a concept plan entirely at the applicant's own risk. The applicant
shall make no claim against the Borough, the Municipal Agency or any
of their agents or employees which is in any way related to an informal
review of a concept plan.
[Ord. No. 1992-32 § 4.3]
a.
Assignment. The applicant shall have the option of filing an application
for development with the Administrative Officer, or his/her designee
for determination as to which approvals are required and the appropriate
Board for hearing same, or of filing an application and proceeding
before the Board which the applicant believes to be appropriate. The
Administrative Officer's or his/her designee's determination shall
be presumed to be correct. The following applications may be filed:
b.
Content. An application for development shall include the items specified
in Article 12, Specification of Documents, of this chapter which constitutes
a checklist of items to be submitted for subdivision and site plan
review. A copy of this checklist shall be completed by the applicant,
and submitted with the application form.
c.
Complete Application.
1.
A subdivision and site plan application shall be complete for purposes
of commencing the applicable time period for action when so certified
by the Administrative Officer or designee. In the event that the Administrative
Officer or designee does not certify the application to be complete
within 45 days of the date of its submission, the application shall
be deemed complete upon the expiration of the forty-five-day period
for purposes of commencing the applicable time period unless (1) the
application lacks information indicated on the checklist of items
specified in Article 12 (2) the checklist has been provided in writing
to the applicant, and (3) the Municipal Agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the Municipal Agency or its authorized committee
shall grant or deny the request within 45 days of the date of its
submission. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that the applicant
is entitled to approval of the application. The Municipal Agency may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
ordinance or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary to approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
required by the Municipal Agency.
2.
An applicant may appeal the Administrative Officer's decision concerning
completeness of an application to the Municipal Agency which has jurisdiction
to hear the application. The Municipal Agency shall have 45 days after
receipt of a written request to schedule a public hearing at which
time the Municipal Agency will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.
[Ord. No. 1992-32 § 4.4]
a.
In cases where a proposed development requires Board of Adjustment
action on an application for the grant of a variance pursuant to N.J.S.A.
40:55D-70d or does not involve a site plan or subdivision but requires
a variance pursuant to N.J.S.A. 40:55D-70c or requires the direction
for issuance of a Building Permit pursuant to N.J.S.A. 40:55D-34 or
N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action
on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation
pursuant to N.J.S.A. 40:55D-70b, the applicant shall submit to the
Administrative Officer 15 copies of the items required in Article
12 of this chapter, together with an executed application form, the
prescribed fee, and evidence that no taxes or assessments are outstanding
against the property.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of Article 4, Subsection 40-4.3c of this chapter.
c.
The Board of Adjustment shall render a decision not later than 120
days after the date (1) an appeal is taken from the decision of an
administrative officer, or (2) the submission of a complete application
for development to the Board of Adjustment, (3) failure of the Board
to render a decision within a 120-day period or within such further
time as may be consented to by the applicant, shall constitute a decision
favorable to the applicant.
[Ord. No. 1992-32 § 4.5]
a.
Any applicant requesting approval of a proposed minor subdivision
or minor site plan as defined in this chapter shall submit to the
Administrative Officer 15 copies of the items required in Article
12 of this chapter, together with five copies of the executed application
form, the prescribed fee, and evidence that no taxes or assessments
are outstanding against the property.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of Article 4, Subsection 40-4.3c of this chapter.
c.
The minor subdivision or site plan shall be referred to the Planning
Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required,
to the Zoning Board of Adjustment.
d.
The action of the Municipal Agency under this Article must be taken
within 45 days, or 120 days if a variance is required or within such
further time as is agreed to by the applicant and the Municipal Agency.
Failure of the Municipal Agency to act within the period prescribed
shall constitute minor subdivision or site plan approval and in the
case of minor subdivisions, a certificate of the administrative officer
as to the failure of the Municipal Agency 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.
e.
Except as provided in Subsection 40-4.5g, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal 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 minor subdivision is filed by the developer with the County Recording Officer, the municipal engineer and the municipal tax assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Municipal Agency.
f.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which 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 is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in Subsection 40-4.5e above.
g.
The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection 40-4.5e above if the developer proves to the reasonable satisfaction of the Planning Board (1) 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 entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
h.
The Planning Board shall grant an extension of minor subdivision
approval for a 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 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 (1) what would otherwise be the expiration
date of minor subdivision approval or (2) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
i.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval. The Planning Board shall grant an
extension of this period for a 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
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 this extension before (1) what
would otherwise be the expiration date or (2) the 91st day after the
date on which the developer receives the last of the legally required
approval from other governmental entities, whichever occurs later.
[Ord. No. 1992-32 § 4.6]
a.
Preliminary Approval of Major Subdivisions and Major Site Plans.
1.
The applicant seeking preliminary major subdivision or preliminary
major site plan approval shall submit to the Administrative Officer
15 copies of the materials stipulated in Article 12 of this chapter.
2.
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Article 4, Subsection 40-4.3c of this chapter.
3.
The application for major subdivision or major site plan shall be
referred to the Planning Board or, if a variance pursuant to N.J.S.A.
40:55D-70d is required, to the Zoning Board of Adjustment.
4.
A complete application for a subdivision of 10 or fewer lots, or
for a site plan of 10 acres of land or less or 10 dwelling units or
less, shall be acted upon within 45 days of the date of such submission,
or 120 days if a variance is required, or within such further time
as may be consented to by the developer. A subdivision of more than
10 lots, or a site plan that involves more than 10 acres of land or
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submissions, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the Municipal Agency shall be deemed to have granted preliminary
subdivision or site plan approval.
b.
Effect of Preliminary Approval of Major Subdivisions and Major Site Plans. Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection 40-4.6b4, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
1.
That 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; and in the case
of a site plan, any requirements peculiar to site plan approval pursuant
to N.J.S.A. 40:55D-41, except that nothing herein shall be construed
to prevent the municipality from modifying by ordinance such general
terms and conditions of preliminary approval as relate to public health
and safety;
2.
That 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; and
3.
That the applicant may apply for and the Planning Board may grant
extension on such preliminary approval for additional periods of at
least one year but not to exceed a total extension of two years, provided
that if the design and improvement standards have been revised by
ordinance, such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsections 40-4.6b1, 40-4.6b2 and 40-4.6b3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern.
5.
Where a developer plans to install the improvements prior to final
approval, the developer shall submit the engineering plans and specifications
for the improvements to the municipal engineer and the required fees
and insurance certificate to the Municipal Clerk, who shall act upon
them within 35 days. In the event of a denial, the specific reasons
must be enumerated in a letter to the applicant. If revised plans
are submitted in response to the denial letter, they shall be approved
or denied within 20 days with the same requirements as previously
imposed for a denial. After the plans are approved, the developer
may install the improvements prior to final approval. In addition
to or as part of the performance guarantees, the developer shall be
required to furnish a restoration bond for 120% of the maximum cost
of restoring the site in the event that the improvements are not complete
within two years from the commencement of the work on any section
in the development or prior to the expiration of preliminary approval,
whichever occurs first. The bond shall either be a security bond,
a letter of credit, or an escrow account in accordance with Article
10.
6.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection 40-4.6b3 or 40-4.6b4 of this chapter and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
7.
The Planning Board shall grant an extension of preliminary approval for a 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 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: (1) what would otherwise be the expiration date of preliminary approval, or (2) the 91st day after the developer receives the last of the legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection 40-4.6b3 or 40-4.6b4 of this chapter.
c.
Final Approval of Major Subdivisions and Major Site Plans.
1.
An applicant requesting final approval of a proposed major subdivision
and site plan shall submit to the administrative officer or other
designee, 15 copies of the items specified in Article 12 of this chapter.
Unless the preliminary plat was approved without changes, the final
plat shall have incorporated all changes or modifications required
by the Municipal Agency. The final plat shall also be accompanied
by a statement from the municipal engineer that the municipality is
in receipt of as-built plans showing all streets and utilities in
exact location and elevation and identifying those portions already
installed and those to be installed, and/or certified in the amount
of performance guarantees required to assure completion of those improvements
not yet installed as stipulated in Article 10 of this chapter.
2.
The application for final subdivision or site plan approval shall
be declared complete within a forty-five-day period from the date
of its submission according to the provisions of Subsection 40-4c3
of this chapter.
3.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Administrative Officer, or other
designee, or within such further time as may be consented to by the
applicant. Failure of the Municipal Agency to act within the period
prescribed shall constitute final approval and a certificate of the
Administrative Officer as to the failure of the Municipal Agency 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 purpose of filing subdivision plats.
4.
Within 95 days of the adoption of the resolution of final approval,
the applicant shall comply with the conditions set forth therein.
If the conditions are not satisfied then the approval shall expire.
The Board may, for good cause shown, extend this time period.
5.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat by the chairman and secretary of the Municipal
Agency unless within such period the plat shall have been duly filed
by the developer with the County Recording Officer. The Municipal
Agency may for good cause shown, extend the period for recording for
an additional period not to exceed 190 days from the date of signing
of the plat. The Planning Board may extend the ninety-five-day or
190-day period if the developer proves to the reasonable satisfaction
of the Planning Board (1) 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
entities and (2) that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
6.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Municipal Agency as indicated
on the instrument by the signature of the chairman and secretary of
the Municipal Agency or a certificate has been issued. The signatures
of the chairman and secretary of the Municipal Agency shall not be
affixed until the developer has posted the guarantees required pursuant
to Article 10 of this chapter.
d.
Effect of Final Approval of Major Subdivisions and Major Site Plans.
1.
The zoning requirements applicable to the preliminary approval granted
and all other rights conferred upon the developer pursuant to preliminary
approval whether conditionally or otherwise shall not be changed for
a period of two years after the date on which the resolution of final
approval is adopted; provided that in the case of major subdivision
the rights conferred by this section shall expire if the plat has
not been duly recorded within the time period provided in N.J.S.A.
40:55D-54. If the developer has followed the standards prescribed
for final approval and in the case of a subdivision has duly recorded
the plat, the Municipal Agency may extend such period of protection
for extensions of one year, but not to exceed three extensions.
2.
In the case of a subdivision or site plan for a Planned Development
of 50 acres or more, conventional subdivision or site plan for 150
acres or more, or site plan for development of a nonresidential floor
area of 200,000 square feet or more, the Municipal Agency may grant
the rights referred to in Subsection 4.6d1 of this section for such
period of time, longer than two years, as shall be determined by the
Municipal Agency to be reasonable taking into consideration: (1) the
number of dwelling units and nonresidential floor area permissible
under final approval, (2) economic conditions, and (3) the comprehensiveness
of the development. The developer may apply for and the Municipal
Agency may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Municipal
Agency to be reasonable taking into consideration: (1) the number
of dwelling units and nonresidential floor area permissible under
final approval, (2) the number of dwelling units and nonresidential
floor area remaining to be developed, (3) economic conditions, and
(4) the comprehensiveness of the development.
3.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection 40-4.6d1 or 40-4.6d2 of this chapter and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4.
The Planning Board shall grant an extension of final approval for a 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 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 these approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection 40-4.6d1 or 40-4.6d2 of this chapter.
[Ord. No. 1992-32 § 4.7]
a.
Application Procedure. Before a construction permit or Certificate
of Occupancy shall be issued for a conditional use as permitted by
this chapter under P.L. 1975, C. 291, application shall be made to
the Planning Board. The developer shall follow the procedures and
guidelines prescribed in this Article.
The Planning Board shall approve or deny conditional uses simultaneously
with site plan or subdivision review. The Board shall follow the procedures
outlined for review in this Article.
The ninety-five-day time period for action by the Planning Board
on conditional uses shall apply to each site plan review. Public notice
and a hearing shall be required as stipulated in the Municipal Land
Use Law (N.J.S.A. 40:55D-12).
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. The Board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience such as but not limited to, the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and building and structure location(s)
and orientation(s). Conditional uses must meet the requirements listed
in Article 6 of this chapter.
[Ord. No. 1992-32 § 4.8]
a.
Whenever an application for approval of a subdivision plat, site
plan, or conditional use includes a request for relief pursuant to
N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. In the
event that the developer elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Planning Board to act within
the period prescribed shall constitute approval of the application
and a certificate of the administrative officer as to the failure
of the Planning 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.
b.
Whenever relief is requested pursuant to this section, notice of
the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
c.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
d.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c.285 (C.40:27-6.3),
in the case of a subdivision, or Section 8 of P.L. 1968, c.285 (C.40:27-6.6),
in the case of a site plan, the Borough Planning 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.
[Ord. No. 1992-32 § 4.9]
An applicant may claim approval of his/her application for development
by reason of the failure of the approving authority to act within
the time period prescribed by complying with the following provisions:
a.
The applicant shall provide notice of the default approval to the
Municipal Agency and to all those entitled to notice by personal service
or certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to N.J.S.A. 40:55D-12.
b.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough, if there be one,
or in a newspaper of general circulation in the Borough.
c.
The applicant shall file an affidavit of proof of service and publication
with the Administrative Officer.
d.
Upon satisfaction of these requirements by the applicant, the Administrative
Officer shall, if he or she agrees with the facts as set forth by
the applicant in the notice of default approval, issue a certificate
of default approval 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.
e.
If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by Subsection 40-4.8c hereof. Unless appealed pursuant to Subsection 3.2k1(a) hereof, the decision of the Administrative Officer shall be conclusive.
[Ord. No. 1992-32 § 4.10]
a.
From Planning Board to Zoning Board of Adjustment.
1.
In the event that a developer files his/her complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Planning Board, and it is determined either
before or after notice and at the public hearing that the application
should have been initially filed with the Board of Adjustment and
that the Planning Board does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:
2.
Nothing stated herein shall relieve the applicant of the notice provisions
of the Statute and this chapter or stop the Board of Adjustment from
handling the transferred application as a new application before the
Board.
3.
In the event that an application is transferred to the Board of Adjustment,
said Board shall have 120 days from the date that the new application
is filed or the transferred application is received by the Board of
Adjustment to render its decision, the refiling date or effective
transfer date being deemed to be the amended complete application
date if the application is in fact complete.
b.
From Zoning Board of Adjustment to Planning Board.
1.
In the event that a developer files his/her complete application
with supporting documentation in accordance with the applicable provisions
of this chapter with the Board of Adjustment, and it is determined
either before or after notice and at the public hearing that the application
should have been initially filed with the Planning Board and that
the Board of Adjustment does not have the statutory jurisdiction to
grant the complete relief requested by the applicant/developer, the
applicant may elect to do one of the following:
2.
Nothing stated herein shall relieve the applicant of the notice provisions
of the statute and this chapter or stop the Planning Board from handling
the transferred application as a new application before the Board.
3.
In the event that an application is transferred to the Planning Board,
the Board shall have the time periods prescribed by this chapter and
the New Jersey statutes from the date that the new application is
filed or the transferred application is received by the Planning Board
to render its decision; the refiling date or effective transfer date
being deemed to be the amended complete application date if the application
is in fact complete.
