Conditional approval. The applicant shall comply with reasonable
conditions laid down by the approving authority for the use of land,
site design, building layout and consistency with the Master Plan
of the Village. Where County Planning Board review or approval is
required on a subdivision or site plan, the approving authority shall
condition any approval it grants upon either timely receipt of a favorable
report by the County Planning Board or approval from the County Planning
Board due to its failure to submit a report within the required time
period. If the County's report is timely and negative or attaches
mandatory conditions, the original action by the municipal approving
authority shall be void and the application shall be denied and a
new resolution shall be adopted which considers the County Planning
Board's report.
To assist the applicant in completing initial applications, a copy of the following checklist,
attached to this chapter as Attachment I, for required submissions on applications to the Planning Board or the Zoning Board of Adjustment shall be given to each applicant. This checklist may be revised by the Board of Commissioners by ordinance upon the recommendation of the Planning Board or Board of Adjustment which recommendation shall be in resolution forms.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article
VI of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The approving authority must also find that the proposed site plan or subdivision plan meets the intent and purpose of Chapters
96 and
96A, notwithstanding the requested exception.
The approving authority may waive required notices and hearings
for minor and exempt subdivisions except where a variance or conditional
use is part of the application. Divisions of land not considered a
subdivision as defined in this chapter shall be exempt from compliance
with the requirements of this chapter only after affirmative action
by the approving authority. Such action shall be taken following submission
of documentation to the approving authority showing the division of
land for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions by testamentary or intestate provisions;
divisions of property by court order; and conveyances so as to combine
existing lots by deed or other instrument, as the case may be. Until
exempted from the subdivision regulations by the approval authority,
no person can transfer, sell or agree to transfer or sell, as owner
or agent, any land which forms a part of a subdivision for which approval
is required.
The approving authority shall have the power to act upon subdivisions, conditional uses, use variances or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use, use variances or site plan approval, shall apply. Whenever approval of a conditional use or site plan approval is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use. (See §
96A-19, Conditional uses.)
A site plan approval is required for all development other than
single- and two-family development which require the submission of
a plan or plat but not a site plan application.
All use variance applications shall be accompanied by plats
plus other supporting documents as required for subdivision and site
plan approval.
Preliminary plats are required for all site plans and major
subdivisions.
A. Filing procedure.
(1) The developer shall submit to the Administrative Officer at least 10 days prior to the public meeting of the approving authority 12 black-on-white copies of the preliminary plat; three completed copies of the application form for preliminary approval; two copies of any protective covenants, deed restrictions and easements applying to the land being developed; two copies of the drainage calculations and soil erosion and sediment control data as required in Article
VI (§§
96A-29 and
96A-48) of this chapter; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. A digital file shall also be submitted containing all plans, sketches, drawings and reports submitted with the application. A digital file shall also be submitted containing all plans, sketches, drawings and reports submitted with the application.
(2) A corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots or applying for a variance
a construct a multiple dwelling of 25 or more family units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be. If a corporation or partnership
owns 10% or greater interest in a partnership subject to the above
disclosure, that corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or
10% or greater interest in the partnership, as the case may be, and
this requirement shall be followed by every corporate stockholder
or partner in a partnership until the names and addresses of the noncorporate
stockholders and individual partners exceeding the 10% ownership criterion
established in this chapter have been listed. No Planning Board, Board
of Adjustment or municipal governing body shall approve the application
of any corporation or partnership which does not comply with this
requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by
a corporation or partnership shall be as outlined in N.J.S.A. 40:55D-48.1.
(3) The application shall include a complete environmental impact report (§
96A-31) or a written request for a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data within 15 days or at least 15 days prior to the date the approving authority is required to act, whichever comes first.
B. Action by the approving authority.
(1) The approving authority shall accept or reject the submission as
a complete application and, if rejected, notify the applicant in writing
of the deficiencies within 45 days of submission.
(2) Public hearing. If accepted as an application, a public hearing date
shall be set and notice given.
(3) Upon submission of a plat, the Administrative Officer shall submit
one copy of the plat and supporting data to the County Planning Board,
Municipal Engineer, Environmental Commission and any other agency
or person as directed by the approving authority for review and action.
Each shall have not more than 30 days from receipt of the plat to
report to the approving authority. In the event of disapproval, such
report shall state the reasons therefor. If any agency or person fails
to submit a report within 30 days, the plat shall be deemed to have
been approved by it or him. Upon mutual agreement between the County
Planning Board and the approving authority, with approval of the developer,
the thirty-day period for a County Planning Board report may be extended
for an additional 30 days, and any extension shall so extend the time
within which the approving authority is required to act.
(4) A subdivision of 10 or fewer lots shall be granted or denied within
45 days of the date of a complete submission or within such further
time as may be consented to by the developer. With more than 10 lots,
the approving authority shall grant or deny preliminary approval within
95 days of the date of a complete submission or within such further
time as may be consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval to
the subdivision.
(5) The approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer.
(a)
A site plan which involves 10 acres or less and 10 dwelling
units or less: within 45 days of the date of a complete submission.
(b)
A site plan which involves more than 10 acres or more than 10
dwelling units: within 95 days of a complete submission.
(6) If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision and
that plan had 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. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7) The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by Article
IV §
96A-11 of this chapter, Public hearings; notices. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Municipal Engineer shall sign each page of the plat, indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8) Preliminary approval shall, except as provided in §
96A-21B(9) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void:
(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; any requirements
peculiar to site plan approval; except that nothing herein shall be
construed to prevent the Village 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 plat.
(c)
That the applicant may apply for and the approving authority
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 may govern.
(9) In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in §
96A-21B(8)(a),
(b) and
(c) above for such period of time longer than three years as shall be determined by the approving authority 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(s) 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.