Any owner of land within the Borough of Bloomingdale shall, prior to subdividing or resubdividing land as defined in this chapter and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board (or to the Board of Adjustment for applications relative to a use variance) for review and approval of the subdivision plat pursuant to the provisions of this chapter.
The Planning Board may waive notice of the public hearing for an application for development if the Planning Board finds that the application for development conforms to the definition of a minor subdivision.
A. 
MINOR SUBDIVISION – Shall be any subdivision of land which does not involve the creation or reassembly of more than three lots, which does not involve planned development, which does not involve any new street and which does not involve the extension of any off-tract improvements.
B. 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Subdivision Committee of the Board finds that the application for development conforms to the definition of minor subdivision set forth in Subsection A of this section.
C. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or Committee may condition such approval on terms ensuring the provisions of improvements pursuant to N.J.S.A. 40:55D-38, 39, 40 and 53.
A. 
Any subdivider in the Borough of Bloomingdale requesting approval of a proposed minor subdivision shall, at least 14 days prior to the date of the regular monthly Board meeting, submit to the Planning Board Secretary (or to the Board Secretary for application relating to a use variance) the following prior to subdividing or resubdividing lots as defined within this chapter:
(1) 
The completed application forms.
(2) 
The copies of any proposed minor subdivision plat conforming to the provisions of Article VII, § 69-48, and supporting materials.
(3) 
Fees as required in Chapter 33, Land Use Procedures.
B. 
Prior to submission of an application for minor subdivision approval the Planning Board may require that all proposed lots be conspicuously marked with stakes and flags of engineer's tape at all corners and elsewhere as may be needed to adequately determine the boundaries of such lots by visual inspection.
C. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, 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. Such certificate 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.
D. 
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), 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.
E. 
Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved 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 must be signed by the Chairman and the Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
F. 
The terms and conditions, whether conditional or otherwise, required by the Board for minor subdivision approval shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
G. 
The Planning Board, when acting upon applications for minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to Article 6 of P.L. 1975, c. 291, (N.J.S.A. 40:55D-51) if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
H. 
In granting minor subdivision approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board for minor subdivisions as contained herein this chapter, except that upon submission to the Board Secretary of a complete application, the Board of Adjustment shall grant or deny approval within 120 days of the date of such submission or within such further time as may be consented by the developer. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application.
A. 
Prior to submission of an application for preliminary major subdivision approval, the developer may submit to the Planning Board a tentative plat and such site data as may be available. The tentative plat will not be considered as a formal application but rather will serve as a basis for discussion so that the Planning Board may provide informal guidance to the developer in the preparation of his application for preliminary approval.
B. 
Preliminary plat approval.
(1) 
Any subdivider in the Borough of Bloomingdale requesting approval of a proposed preliminary plat of a major subdivision shall, prior to subdividing or resubdividing as defined in this chapter, submit to the Planning Board Secretary at least 14 days prior to the date of the regular monthly meeting of the Planning Board:
(a) 
The completed application forms.
(b) 
The copies of any proposed subdivision plat conforming to the provisions of Article VII, § 69-48, and supporting materials.
(c) 
Fees as required in Chapter 33, Land Use Procedures.
(2) 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board to the following, for their reports and recommendations:
(a) 
Borough Engineer.
(b) 
Certified Municipal Superintendent of Public Works.
(c) 
Board of Health.
(d) 
Fire Chief.
(e) 
Environmental Commission.
(f) 
Such other officials as directed by the Planning Board.
C. 
At the time of submission of an application for preliminary major subdivision approval, the Planning Board may require the tract being subdivided to be conspicuously marked with stakes and flags or engineer's tape at all corners and elsewhere as needed to determine the location of proposed streets.
D. 
If the application is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of submission of the application, or it shall be deemed to be properly submitted.
E. 
In order to allow discussion by the public and to receive recommendations from other Borough Officials, the Planning Board shall hold a public hearing on the proposed application in accordance with Article I, § 69-7.
F. 
The applicant shall submit the preliminary plat and other required information to the Passaic County Planning Board, if required, for its consideration. If, within 30 days after receiving said plat, the County Planning Board does not respond to the Secretary of the Borough Planning Board, said plat shall be deemed to have been approved by the County Planning Board.
G. 
If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the Planning Board Secretary to the Municipal Clerk of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision is in reasonable harmony with its plans for development. The Municipal Clerk of the adjoining community shall receive notice of hearings on applications pursuant to N.J.S.A. 40:55D-12. Any communications received prior to this date will be considered in relation to the approval or disapproval of the plat.
H. 
The public hearing shall be scheduled to allow the Planning Board sufficient time to grant or deny approval of the proposed preliminary application within the time allowed and for the applicant to provide notice as provided in Article I, § 69-8. Whenever, as a part of the application, relief is requested by the applicant through a variance or direction as provided in the ancillary powers of the Planning Board, the notice of the hearing on the application shall include a reference to the request for a variance or direction for issuance of a permit.
I. 
After the public hearing, the Planning Board shall take formal action, either approving or disapproving the preliminary plat, within the time required by N.J.S.A. 40:55D-48 and 40:55D-61. For a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission of a complete application; except that if as part of the application relief is requested through a variance or direction as provided in the ancillary powers of the Planning Board, the Planning Board shall grant or deny approval within 120 days of submission of a complete application. In the case of a subdivision of more than 10 lots, the Board shall grant or deny approval within 95 days of the date of such submission. These time periods may be extended within such further time as may be consented to by the applicant; otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision. If the application is disapproved, the reasons for disapproval shall be given to the applicant. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice in accordance with the provisions of Article I, § 69-8. (N.J.S.A. 40:55D-61)
J. 
If the Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received preliminary approval and shall return said plat to the subdivider for compliance with final approval requirements.
K. 
A copy of the action taken by the Planning Board shall be forwarded to the Borough Clerk.
L. 
Rights conferred with preliminary approval.
(1) 
Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three-year period from the date of such approval:
(a) 
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; 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) 
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.
(c) 
That the applicant may apply for and the Planning Board may grant extensions 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 standards have been revised by ordinance, such revised standards shall govern.
(2) 
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection L(1) above for such period of time longer than three years as shall be determined by the Planning 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 Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning 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 shall govern.
M. 
The Planning Board, when acting upon applications for preliminary approval of major subdivision, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to Article 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-51) if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
A. 
Any subdivider in the Borough of Bloomingdale requesting final approval of a major subdivision shall submit to the Planning Board Secretary at least 14 days prior to the date of the regular monthly meeting of the Planning Board and within the time provided:
(1) 
The completed application forms.
(2) 
The copies of the proposed final plat and supporting materials as provided in Article VII, § 69-50.
(3) 
Fees as required in Chapter 33, Land Use Procedures.
B. 
The copies of the final subdivision plat submitted shall consist of an original tracing, one translucent tracing copy, two cloth prints and 12 white prints. Unless the preliminary plat is approved without changes, the final subdivision plat shall have incorporated all changes or modifications required by the Planning Board.
C. 
Before granting approval to a final subdivision plat, the subdivider shall have met the provisions of Article IV relating to improvements. The final subdivision plat shall be accompanied by a statement of the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation and identifying those portions already installed and that the subdivider has posted a performance guaranty with the Borough Clerk to assure the completion of such improvements required under the preliminary subdivision approval.
D. 
The applicant shall forward the final plat and other required information to the Passaic County Planning Board, if required, for its consideration. If, within 30 days after receiving said plat, the County Planning Board does not respond to the Secretary of the Borough Planning Board, said plat shall be deemed to have been approved by the Passaic County Planning Board.
E. 
The Secretary of the Planning Board shall distribute copies of the proposed final plat to the following for review and recommendation:
(1) 
Borough Engineer.
(2) 
Certified Municipal Superintendent of Public Works.
(3) 
Board of Health.
(4) 
Fire Chief.
(5) 
Environmental Commission.
(6) 
Such other officials as directed by the Planning Board.
F. 
Final approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary of the Board 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 the purposes of filing a final subdivision plat.
G. 
Final approval shall confer upon the applicant the following rights:
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision all rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. 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 N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(2) 
In the case of a subdivision for a planned development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision for 150 acres or more, the Planning Board may grant the rights referred to on Subsection G(1) of this section for such period of time longer than two years as shall be determined by the Planning 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 Planning Board may grant an extension of final approval for such additional period of time as shall be determined by the Planning 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.
H. 
No plat shall be offered for filing to the County Recording Officer unless it has been duly approved by the Borough Planning Board and signed by the Chairman and Secretary.
I. 
Within 95 days of final approval, the final plat shall be filed by the subdivider with the County Recording Officer in accordance with the provisions of N.J.S.A. 40:55D-54. For good and sufficient reasons, the Borough Planning Board may extend the time for filing for an additional period not to exceed 190 days from the date of signing of the plat.
J. 
After final approval, the translucent tracing and one cloth print shall be filed with the Borough Clerk. The original tracing and one cloth print shall be returned to the applicant. Upon receipt of proof of filing, the Secretary of the Planning Board shall distribute copies of the final plat for filing with the Planning Board and with the following:
(1) 
Borough Clerk.
(2) 
Borough Engineer.
(3) 
Borough Construction Official.
(4) 
Borough Tax Assessor.
(5) 
County Planning Board.
(6) 
Secretary of the Board of Health.
In granting preliminary or final subdivision approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board as contained in Article VI, §§ 69-44 and 69-45, except as follows, pursuant to N.J.S.A. 40:55D-76:
A. 
No variance or other relief shall be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance, Chapter 92 of the Code. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to N.J.S.A. 40:55D-26, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
B. 
Upon submission to the Board Secretary of a complete application for preliminary or final approval for a subdivision, the Board of Adjustment shall grant or deny preliminary or final approval, as the case may be, within 120 days of the date of such submission or within such further time as may be consented by the developer. 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. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application.
No building permit shall be issued for a lot which is included in any subdivision until after final approval by the Planning Board or Board of Adjustment, as provided in this chapter, and until after the proper and timely filing with the County Recording Officer.