[Amended 6-5-1986]
In accordance with N.J.S.A. 40:55D-1 et seq., the Planning Board is hereby designated the agency to administer subdivision and site plan review and approval except in those cases where the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to N.J.S.A. 40:55D-76b.
[Amended 6-5-1986]
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Zoning Enforcement Officer of the Township of South Hackensack.
[Amended 9-11-2003 by Ord. No. 2003-16]
APPLICANT
A developer submitting an application for development; the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or person having an enforceable, proprietary interest in such land, provided that, in the case of one other than the owner, said person is acting with the written consent of the owner.
COMPLETE APPLICATION
An application is complete when so certified by the Planning Board or its designee. If the application is not certified 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, unless the application lacks information indicated on a checklist adopted by this chapter and provided to the applicant and the Planning Board or its designee has notified the applicant in writing of the deficiencies in the application within 45 days of the application's submission. An applicant may request that a submission requirement be waived, and the Planning Board or its designee shall grant or deny said request within 45 days. The Planning Board may require correction of any information found to be in error and/or submission of additional information not specified in this chapter and/or any revisions in the document submitted, as reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The checklist referred to this section shall contain the material required to be submitted pursuant to § 192-15 of this chapter.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocations or enlargement of any building or structure or of any excavation or landfill.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and required improvements have been installed or guaranties properly posted for their completion.
INTERESTED PARTY
Any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than three lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost or which is to be prorated pursuant to N.J.S.A. 40:55D-42.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including cash, provided that no more than 10% of the total performance guaranty will be required to be in cash.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utilities services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required to make an informed determination.
SUBDIVISION
A. 
A division of a lot, tract or parcel of land as to two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no streets are created:
(1) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes when parcels will all result in five acres or larger in size.
(2) 
Divisions of property by testamentary or testate provisions.
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) 
Consolidation of existing lots by deed or other recorded instrument.
(5) 
Conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Construction Code Official to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township of South Hackensack.
B. 
The term "subdivision" shall also include the term "resubdivision."
The Planning Board shall have all the powers and duties provided in Articles 6 and 7 of the Municipal Land Use Law as the same are particularly prescribed in this chapter.
The Planning Board is hereby authorized and empowered to recommend to the Township Committee approvals of subdivisions of lots within the township and also to report from time to time to the Township Committee the result of any study and survey which it has made and the conclusions derived therefrom.
Any plan or proposal which shall be presented to the Township Committee or any other municipal officer and which has not been reported thereon previously by the Planning Board may be referred by the Township Committee to the Planning Board, and the latter shall thereupon furnish to the Township Committee a report thereon in writing within 30 days. It shall recommend any plan, proposal or report which it has approved and shall report its approval or disapproval of any plan, proposal or project which has been submitted to it. The action of the Planning Board in approving or disapproving any plan, proposal or project which has been submitted to it shall not be binding upon the Township Committee, but shall be considered by the Township Committee as a recommending or advising opinion.
Whenever a public hearing is required on any matter, the Planning Board shall follow the procedure as prescribed in N.J.S.A. 40:55D-10 and 40:55D-12.
The approval of all subdivision plats by resolution of the Planning Board shall be a condition for the filing of such plats with the county recording officer, and approval of site plans by resolution of the Planning Board shall be a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to N.J.S.A. 40:55D-76.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
A. 
To administer the provisions of this chapter and the Site Plan Review Ordinance of the municipality in accordance with the provisions of said ordinances and the Municipal Land Use Law, Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.).
B. 
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
C. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment variances, pursuant to Section 57c of Chapter 291 of the Laws of 1975,[1] from lot area, lot dimensional, setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot. Whenever relief is requested pursuant to this subsection, notice of 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
A. 
Upon the submission to the administrative officer of a complete application for a subdivision, either preliminary or final, the same shall be granted or refused as to an application for a preliminary subdivision within 45 days commencing on the date when the final hearing thereon shall have been completed in accordance with N.J.S.A. 40:55D-12 after notice of such hearing shall have been given as provided by 40:55D-10; and, in the case of an application for final approval of any such subdivision, within 95 days after the required notice and hearing. In the event that in either case the Planning Board shall fail to either grant or refuse said approval, the Planning Board shall have been deemed to have granted such approval.
B. 
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as provided in N.J.S.A. 40:55D-60 et seq., the Planning Board shall grant or deny approval of the application within the time period provided by N.J.S.A. 40:55D-61 et seq. 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 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; provided, however, that in all cases under this chapter the failure of the Planning Board to act shall be computed from the date the Planning Board shall have finally completed its hearing after notice as such notice and hearing shall be provided for in N.J.S.A. 40:55D-10 and 40:55D-12.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, 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 for recording for an additional period not to exceed 190 days from the date of signing of the plat.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of the Municipal Land Use Act shall be filed with the Secretary of the Planning Board. The applicant shall file at least 14 days before the date of the monthly meeting of the Board 13 copies of a sketch plat, 13 copies of an application for any subdivision approval or 13 copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
In all cases where either subdivision or site plan review and approval is required, the same shall be approved by the Planning Board according to the following standards and submission requirements. No building permit shall be issued for any use requiring either subdivision or site plan approval unless such approval is granted by the Planning Board as follows.