[Amended 6-13-88 by Ord. No. 399]
Any applicant for subdivision, site plan or conditional use review and approval within the jurisdiction of the Planning Board shall obtain all necessary forms from the Planning Board Secretary. Said officer shall inform the applicant of the steps to be taken in securing Planning Board action and the Board's regular meeting dates. The applicant shall be given a checklist of requirements for either site plan, minor or major subdivision approval.
A. 
All subdivisions and site plans, as defined by this chapter, are subject to the review and approval requirements specified herein.
B. 
The Planning Board shall determine on the basis of advice from the Borough Engineer and the Planning Board Secretary that the application is complete and properly submitted and therefore subject to review, or that the application is incomplete, in which case the developer shall be advised within 45 days of his initial submission as to the additional material required. If the application is complete, it shall be so certified by the Planning Board Secretary as of the day that it met all requirements specified in this chapter for the purposes of the commencement of the time period for action.
C. 
An amended or revised application shall be submitted in the same manner as the original application.
D. 
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
[Amended 2-8-2022 by Ord. No. 2022-1]
E. 
An applicant for subdivision or site plan approval may make a sketch submission to the Planning Board for classification purposes before filing an application for development. Any review escrow amount remaining on deposit for a sketch submission at the time the application for development is filed may remain on deposit and continue to serve as the review escrow for the application if it is replenished by the applicant in such amount as may be necessary to satisfy the review escrow requirements for the application.
[Amended 2-8-2022 by Ord. No. 2022-1]
F. 
Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.3 in the case of a subdivision or pursuant to N.J.S.A. 40:27-6.6, as amended, in the case of a site plan, the 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 period.
A. 
Minor subdivision and site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Said approval shall not be subject to notice requirements or a public hearing and shall be the final action of the Board, which may be conditioned upon improvement provisions pursuant to N.J.S.A. 40:55D-38. Failure of the Planning Board to act within the prescribed period shall constitute approval of the minor subdivision or site plan.
B. 
Minor subdivision approval shall expire 190 days from the date of Planning Board approval, unless within such period a plat in conformity with such approval and the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk, Borough Engineer and Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Clerk.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
C. 
The zoning requirements and approval terms and conditions upon which minor subdivision or site plan approval was granted shall not be changed for a period of two years after the date of such approval.
A. 
Preliminary approval.
(1) 
Upon submission of a complete preliminary application for a subdivision of 10 or fewer lots or a site plan which involves 10 acres of land or fewer and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, a site plan which involves more than 10 acres or more than 10 dwelling units or a planned development application, the Planning Board shall grant or deny preliminary approval within 95 days or within such further time as may be consented to by the developer. All such applications shall be subject to a public hearing after proper notice. Failure to act within the period prescribed shall constitute preliminary approval of the subdivision or site plan.
(2) 
In the event that preliminary approval of a major subdivision or site plan is denied because of failure to comply with municipal or regional development regulations, a notation to that effect, together with the signature of the Planning Board Secretary, shall be placed on the plat, and reasons for the decision shall be stated in the denial resolution.
(3) 
Preliminary approval of a major subdivision, site plan or planned development shall be granted by resolution, which shall set forth any conditions that must be met, including required performance guaranties and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat and plan, together with the signature of the Chairman and Secretary of the Planning Board. This preliminary approval does not authorize the recording of a subdivision or the issuance of a building permit for a site plan.
(4) 
Preliminary approval of a major subdivision or site plan shall confer upon the applicant the following rights for a three-year period from the date of approval:
(a) 
That the zoning requirements and the general terms and conditions on which preliminary approval was granted shall not be changed unless modified by ordinance provisions relating 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 sections of the preliminary subdivision plat or site plan, as the case may be.
(c) 
That the applicant may apply for and the Planning Board may grant extensions of such preliminary approval for one year or longer as provided in N.J.S.A. 40:55D-49.
B. 
Final approval.
(1) 
Application for major subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete final application or within such further time as consented to by the developer. Failure of the Planning Board to act within the prescribed period shall constitute final approval.
(2) 
Final approval of a major subdivision, site plan or planned development shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with and all required easements have been submitted and approved as to content by the Borough Engineer and approved as to form by the Borough Solicitor.
(3) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless, within such period, a plat meeting the Map Filing Law[1] and bearing the signature of the Chairman and Secretary of the Planning Board shall have been duly filed with the County Clerk. The Planning Board 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.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(4) 
Final approval of a major subdivision or site plan shall confer upon the developer the following rights.
(a) 
Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer in Subsection A of this section shall not be changed for a period of two 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 and properly recorded. The Planning Board may extend such protection periods by extensions of one year but not exceeding three such extensions. The granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection A of this section for any portion granted final approval.
(b) 
In the case of a subdivision or site plan for planned development or residential cluster of 50 acres or more or a conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the period of protection as provided in N.J.S.A. 40:55D-52.
(5) 
Upon final approval, copies of the approved plat or plans shall be distributed by the Planning Board Secretary to the Planning Board files, Borough Engineer, Zoning Officer, Tax Assessor, County Planning Board and the applicant.
In exercising its power to grant conditional uses pursuant to N.J.S.A. 40:55D-67 and Subsection A(2) of § 67-11 of this chapter, the Planning Board shall grant or deny a conditional use application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Said application shall be subject to a public hearing after proper notice. The review of the conditional use application shall include any required site plan review within this prescribed period. Failure of the Planning Board to act within the prescribed period shall constitute approval of the application.
Whenever the Planning Board is called upon to exercise its ancillary powers before granting approval for a variance or for the issuance of building permits as set forth in Subsection A(7) of § 67-11 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer 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 approval.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
The Planning Board when acting upon an application for a preliminary or minor subdivision approval or preliminary site plan approval shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such exceptions and the reasons therefor shall be recorded in the minutes.