A.
Filing an application. A final subdivision application
shall be submitted to the administrative officer or designee within
three years after the date of preliminary approval or any authorized
extension thereof.
B.
Distribution. At least 10 days prior to the first
regularly scheduled monthly meeting of the Board, the administrative
officer or designee shall distribute the copies of the final plat
or final plan and the application in the following manner:
(1)
Township files.
(2)
Board Chairperson.
(3)
Township Engineer.
(4)
Township Planner.
(5)
Township Health Department.
(6)
Construction Official.
(7)
Fire Subcode Officer.
(8)
Environmental Commission.
(9)
Subdivision Committee Chairman.
(10)
Board Attorney.
(11)
MUA.
(12)
Tax Assessor.
(13)
Police Department.
(14)
At the direction of the Board, additional copies
of the final plat or plan and the supportive material may be forwarded
to other Township, county or state officials.
A.
Procedural requirements. All applications for final
subdivision shall include the following support documents and information:
(1)
Thirteen copies of the final subdivision plan.
(3)
Completed final subdivision form.
(4)
Completed final subdivision checklist.
(5)
Completed checklist waiver request form.
(6)
Certificate of ownership if the applicant is not the
property owner.
(7)
Proof of submission to the County Planning Board.
(8)
Affidavit of disclosure for corporations as required
by N.J.S.A. 40:55D-48.1.
(9)
Health Department approval.
B.
Map requirements. All applications for final subdivision
shall include maps and/or exhibits depicting the following information:
(1)
All additional details required at the time of preliminary
approval shall be submitted.
(2)
The applicant shall submit the following details:
(a)
Submit one of the following:
[1]
As-built constructions plans; or
[2]
Final construction plans and a performance bond
covering the cost of installation for the items of incomplete work;
or
[3]
The items in both Subsection B(2)(a)[1] and [2] if work is only partially completed.
(d)
Operation and maintenance agreement of the detention
facility in accordance with § 470-82 of the Land Development
Ordinance.
(e)
All dimensions of the exterior boundaries of
any subdivision shall be balanced and closed to a precision of one
to 10,000 and the dimension of all lot lines to within one to 20,000.
All dimension, angles and bearings shall be tied to at least two permanent
monuments not less than 300 feet apart and all information shall be
indicated on the plat. At least one corner of the subdivision shall
be tied to the U.S.G.S. benchmarks with data on the plat as to how
the bearings were determined.
(f)
Phasing plan for improvements, if proposed.
A.
Time for decision. Upon the submission of a complete
application for final approval, the Board shall grant or deny final
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Failure of the
Board to act within 45 days or such further time as agreed to by the
applicant shall constitute final approval. In such case, the administrative
officer shall certify the submission date of the application and the
failure of the Board to act within the specified time period, and
this certification shall be sufficient in lieu of the written endorsement
of the Board.
B.
Approval. If the Board acts favorable on the final
submission, the Chairman and Secretary of the Board, or the Acting
Chairman and Secretary where either or both may be absent, shall affix
their signatures to the plat or plan with a notation that it has been
approved.
C.
Distribution of approved final plat. After approval
of the final plat or plan by the Board, signed copies of the signed
plat or plan shall be furnished by the Secretary of the Board to each
of the following within 10 days from the date of such approval:
D.
Filing with County Clerk. Final approval of a major
subdivision shall expire 95 days from the date of signing of the plats
unless within such period the plat shall have been duly filed by the
developer with the county recording officer. The Planning Board may
for good cause shown extend the period of recording for an additional
period not to exceed 190 days from the date of signing of the plat.
E.
Rejection of plat. If the Board, after consideration
and discussion of the final submission, determines that it is unacceptable,
a notation shall be made by the Chairman of the Board to that effect
on the plat or plan, and a resolution adopted setting forth the reasons
for such rejection. One copy of the plat or plan and the resolution
shall be returned to the applicant within 10 days of such memorialization.
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from 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 pursuant to § 470-20D of this chapter:
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 470-17 of this chapter, whether conditionally or otherwise, shall not be changed.
B.
If the developer has followed the standards prescribed
for final approval, the Board may extend the period of protection
for extensions of one year each, not exceeding three such extensions.
C.
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 Board may grant the
rights referred to above for such period of time longer than two years,
as shall be determined by the Board as prescribed in N.J.S.A. 40:55D-52b.
In no case shall more than 10 years be granted from the date of preliminary
approval if construction has not commenced without a rehearing of
preliminary approval.
D.
If an applicant fails to complete construction as
per the site plan submitted within a two-year period or within an
approved or statutorily required extension period from the date of
final approval, the approval of said site plan and all variances granted
with said site plan shall lapse and become null and void.
E.
Conditional approvals.
(1)
Conditions precedent. Whenever any application for
development is approved subject to specified conditions, intended
to be fulfilled before the approval becomes effective, said conditional
approval shall lapse and become null and void unless all specified
conditions are fulfilled within 190 days or within an approved or
statutorily required extension period of the date of conditional approval.
(2)
The fulfillment of all conditions precedent shall
be reported in writing to the municipal agency, which may cause such
reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or site plan be assigned
or any required building permit, occupancy permit or zoning permit
be issued.
(3)
Conditions subsequent. Whenever any application for
development is approved subject to conditions, which by their terms
are incapable of being fulfilled, or are not required to be fulfilled
prior to the final approval of the application, the performance of
which are not guaranteed by bonds or securities of any type, failure
to fulfill any such conditions within 190 days or within an approved
or statutorily required extension period from the date of the final
approval of the application for development shall be grounds for the
issuance of a stop-work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
(4)
The fulfillment of all conditions shall be reported
in writing to the municipal agency which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other
required approval be issued.
[1]
Editor's Note: For current statutory provisions
related to effect of final approval of a site plan or major subdivision,
see N.J.S.A. 40:55D-52.
