These rules, regulations and standards shall
be considered the minimum requirements for the protection of the health,
safety and welfare of the citizens of the Township.
Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the matters mentioned in § 330-6 above.
The Planning Board, when acting upon applications
for minor or preliminary 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
this chapter, 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 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.
Certificates of approval shall be issued by
the Township Clerk in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-56.
A.
No building permits before final approval. No building
permit shall be issued by the Township Construction Official for any
dwellings, buildings or structures within the subdivision until final
approval has been granted and all improvements have been installed
except for the finish course of the road. The Planning Board may also
authorize the issuance of a building permit if the following improvements
have been bonded or otherwise guaranteed but not yet installed: landscaping,
sidewalks, other similar improvements.
B.
Certificate of occupancy. An occupancy permit for
any building shall not be issued until the complete installation of
all required improvements, including but not limited to sanitary sewers,
water, gas, storm drains, etc., and installation of road subbase,
road base and top course, and curbs, in accordance with the specifications
of the Township as certified in writing by the Township Engineer.
No certificate of occupancy shall be issued unless all fees required
in this chapter have been paid and all conditions of subdivision approval
complied with. An occupancy permit shall not be issued until the completed
road has been installed pursuant to Township specifications and in
compliance with all Township ordinances and conditions of subdivision
approval applicable thereto, as certified in writing by the Township
Engineer and approved by the Township Committee, except as follows.
C.
Certification. Upon certification in writing by the
Township Engineer that the best interests of the Township require
a delay for engineering reasons before the subdivider or developer
finishes the road, the Planning Board and the Township Committee may
approve the issuance of an occupancy permit, provided the following
conditions are met:
(1)
The Engineer certifies in a letter to the Planning
Board that proper road base has been installed.
(2)
The developer has deposited with the Township Clerk an amount of money, determined by the Township Engineer and approved by the Planning Board exclusive of prior deposits, as sufficient to maintain the road and road base in a passable condition, free of ruts, mud, potholes, obstructions, snow, etc. Maintenance of the road shall be the responsibility of the developer. The Clerk shall notify the Planning Board the money has been deposited in an interest-bearing account. Any monies not used to cover the cost of nonperformance shall be credited toward the amount normally due to satisfy the performance guarantee required in § 330-36 and shall be returned to the developer at the expiration of the period set forth in § 330-36.
(3)
The developer agrees in writing that the Planning
Board to complete the road within 60 days after written notice by
the Township Committee.
(4)
Upon failure of subdivider or developer to complete
the road within the time limit in accordance with the specifications
of the Township, then the Township shall complete the road at the
subdivider's or developer's expense.
A.
In the event that a developer submits an application
for subdivision approval proposing a development that is barred or
prevented, directly or indirectly, by a legal action instituted by
any state agency, political subdivision or other party to protect
the public health and welfare or by a directive or order issued by
any state agency, political subdivision or court of competent jurisdiction
to protect the public health and welfare, the Planning Board shall
process such application in accordance with this chapter and, if such
application complies with all Township regulations, the Planning Board
shall approve such application conditioned on removal of such legal
barrier to development.
B.
In the event that development proposed by an application
for subdivision approval requires an approval by a governmental agency
other than the Planning Board, the Planning Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Planning Board shall make a decision
on any application for subdivision approval within the time period
provided in this chapter or within an extension of such period as
has been agreed to by the applicant unless the Planning Board is prevented
or relieved from so acting by the operation of law.
C.
Conditional approval, except as required in Subsections A and B above, may be granted by the Planning Board for matters of a minor nature. Specifically, these minor matters may include submission of revised exhibits, failure to include information required by this chapter which does not affect the basic design, and administrative requirements. Conditional approval may only be granted if, in meeting the conditions, the design of the subdivision will not change and the layout, lot sizes, and other requirements will remain as submitted.
In the event that, during the period of approval
heretofore or hereafter granted to an application for subdivision
approval, the developer is barred or prevented, directly or indirectly,
from proceeding with the development otherwise permitted under such
approval by a legal action instituted by any state agency, political
subdivision or other party to protect the public health and welfare
or by a directive or order issued by any state agency, political subdivision
or court of competent jurisdiction to protect the public health or
welfare and the developer is otherwise ready, willing and able to
proceed with the development, the running of the period of approval
under this chapter shall be suspended for the period of time the legal
action is pending or such directive or order is in effect.
[Amended by Ord. No. 5-1991]
A.
Whenever the proposed development requires approval
of a subdivision, site plan or conditional use, but not a variance
pursuant to Subsection d of § 57 of said Act (N.J.S.A. 40:55D-70d),
the Planning Board shall have the power to grant to the same extent
and subject to the same restrictions as the Board of Adjustment:
(2)
Direction pursuant to Section 25 (N.J.S.A. 40:55D-34)
of said Act for issuance of a permit for a building or structure in
the bed of a mapped street or public drainageway, flood control basin,
or public area reserved pursuant to Section 23 (N.J.S.A. 40:55D-32)
of said Act;
(3)
Direction pursuant to Section 27 (N.J.S.A. 40:55D-36)
of said Act for issuance of a permit for a building or structure not
related to a street.
B.
Whenever relief if request pursuant to this section,
notice of the 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.
C.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approval by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 400, Zoning.
