A.
The approval provisions of this chapter shall be administered
by the Planning Board of the Town of West New York, except for those
applications for development in the Controlled Waterfront Development
District where the municipal authority is the Board of Commissioners
or those applications which require consideration by the Zoning Board
of Adjustment after referral for a report and recommendations from
the Town's Planning Board, in accordance with N.J.S.A. 40:55D-76 of
the Municipal Land Use Law.
B.
As a condition precedent to the approving board granting
final approval of a subdivision, the applicant must submit proof that
no taxes or assessments for local improvements are due or delinquent
on the property for which any subdivision application is made.
Upon receipt of a complete sketch plat, the
Planning Board shall classify the plat as either a minor or major
subdivision, or as a stage of a controlled waterfront development;
if classified as a minor subdivision, as defined in this chapter,
a notation to that effect shall be made on the sketch plat. The Planning
Board may classify and approve a minor subdivision at the same time.
A.
The plat shall be reviewed and approved by the Planning
Board within 45 days from the date that a complete application was
filed, or such further time as consented to by the applicant, if no
variances are required. If variances are required, the time for approval
and notice shall be set as set forth in the applicable provisions
of this chapter. Upon the minor subdivision plat being approved by
the Planning Board by resolution, the plat shall be signed by the
Planning Board Chairman and Secretary and returned to the subdivider
with the date of approval marked thereon, accompanied by a copy of
the resolution approving the minor subdivision with or without variances
and conditions.
B.
After receipt by the Secretary of the Planning Board
of the proof of filing from the Hudson County Clerk, when applicable,
the Secretary of the Planning Board shall forward the signed minor
subdivision map and resolution to the subdivider and furnish one copy
of the approved minor subdivision map and resolution to the following
town officers and consultants:
C.
Approval of the minor subdivision shall expire 190
days from the date of the resolution granting approval unless within
such period a plat prepared in conformity with such approval and drawn
in accordance with the provisions of the Map Filing Law (N.J.S.A.
46:23-9.9 et seq.) or a deed clearly setting forth the metes and bounds
of the approved minor subdivision by description or map reference,
and signed by the Chairman and Secretary of the Planning Board, is
filed by the developer with the County Clerk's office and the town's
Tax Assessor. The recording of the minor subdivision plat or deed
within the prescribed period shall guarantee the developer that the
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which said minor subdivision approval was granted,
shall not change as regards the lots which comprised the minor subdivision,
for a period of two years from the date of minor subdivision approval
by the Planning Board.
D.
If the plat is classified as a minor subdivision,
a notation to that effect shall be made on the plat and plat returned
to the subdivider. The time period for review of the preliminary plat
shall commence with the date of filing a preliminary plat in accordance
with this chapter, unless the original sketch plat filed for classification
complies with the requirements of this chapter, in which event the
time period for review shall commence on the date of the original
filing.
E.
Notwithstanding anything herein contained to the contrary,
the time period for review and approval by the Planning Board or other
approving agency shall not commence until a complete application,
with all supporting documentation required by the terms of this chapter,
has been submitted to the Secretary of the Planning Board or other
approving agency.
A.
Upon receipt of a preliminary plat, copies of the
plat shall be forwarded by the Secretary of the Planning Board prior
to the public hearing to the following parties:
(1)
Town's Planning Consultant.
(2)
Town's Engineering Consultant.
(3)
Secretary of the Board of Health.
(4)
Secretary of the County Planning Board where county
roads or property will be affected.
(5)
Such other municipal, county or state officials, agencies
or authorities as directed by the Planning Board.
B.
Upon the submission to the Secretary of the Planning
Board of a complete application for a subdivision of 10 or fewer lots,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Upon the submission of a
complete application for a subdivision of more than 10 lots, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. If the Planning Board required any substantial
amendment in the layout of improvements proposed by the applicant
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon, as in the case
of the original application for development. The Planning Board shall,
if the proposed development complies with this chapter, grant preliminary
subdivision approval. Upon filing of an amended complete application
by the developer with the Secretary of the Planning Board within the
sixty-day period, and the payment by the developer of an additional
1/2 the amount of fees determined for the original application for
the re-review, the Planning Board shall review the amended complete
application and render its decision within the time periods provided
for in this chapter commencing with the date that the amended complete
application is filed with the Secretary of the Planning Board.
C.
If, during a review of an original application, the Planning Board determines that the submissions made by the developer are incomplete, the developer shall be forwarded a notice, in writing, to that effect and the period for approval shall be terminated until a complete application has been filed with the Secretary of the Planning Board, at which time the periods for review and approval stated in § 358-21B above shall commence.
D.
If the Planning Board acts favorably on a preliminary
plat, with or without specific conditions, as contained in the approving
resolution, a notation to that effect shall be made on the plat and
the plat shall be dated as of the date of the approving resolution,
signed by the Chairman and Secretary of the Planning Board, and a
signed copy returned to the developer. If the Planning Board does
not approve the preliminary plat, it shall be returned to the subdivider
with the findings of the reasons for disapproval.
E.
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed except where the public
health and safety require.
(2)
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 subdivision plat.
(3)
That the applicant may apply before the expiration
date of preliminary approval for extension of such preliminary approval
for additional periods of not less than one nor more than two years;
provided, however, that the subdivision review standards in effect
at the time of filing for the preliminary approval extension shall
apply to the subdivision and the developer shall file an amended preliminary
plat with the Planning Board incorporating such changes for review
and approval.
F.
In the case of a subdivision or site plan for an area of 50 acres or more, the rights stated in § 358-21E above may be modified by the approving board upon good cause being shown and for property located in the CWD, Controlled Waterfront Development District, in accordance with that district's regulations applicable to modifications, where the public interest requires it, in accordance with the provisions of N.J.S.A. 40:55D-49d of the Municipal Land Use Law.
G.
After approval of a preliminary plat of a major subdivision,
no improvements shall be installed nor any building permits shall
be issued until:
(1)
The applicant has paid all municipal charges for tax
and improvement assessments in arrears.
(2)
The applicant has obtained from the Town's Engineer
and filed with the Planning Board an estimate of the cost of construction
of such streets, on-tract, off-tract and other improvements as is
required by the preliminary approval.
(3)
The applicant has obtained final subdivision approval
from the Planning Board and filed with the Town Clerk those guaranties
required by the applicable sections of this chapter. The Planning
Board may, after obtaining the advice of the town's Engineer, authorize
the installation of improvements by the applicant prior to and in
lieu of filing guaranties, in whole or in part, where the health,
safety and general welfare of the public requires it.
A.
Final approval shall be granted or denied by the Planning
Board within 45 days after submission and filing of the application
with the Secretary of the Planning Board, or within such further time
as may be consented to by the applicant in writing or on the record
of a public meeting. In the event that a complete application has
not been filed by the applicant in accordance with all of the terms
and provisions of this chapter, the Planning Board shall deny the
original application without prejudice to the developer filing an
amended complete application within 60 days thereafter in accordance
with recommendations of the Planning Board for re-review and disposition.
Upon the filing of an amended complete application by the applicant
with the Secretary of the Planning Board within the sixty-day period,
and the payment by the applicant of an additional 1/2 of the amount
of fees determined for the original application for the re-review,
the Planning Board shall review the amended complete application and
render its decision within the time periods provided for in this chapter
commencing with the date that the amended complete application is
filed with the Secretary of the Planning Board.
B.
Upon approval of the final plat and the applicant
filing the required guaranties with the Town Clerk in accordance with
the Planning Board resolution, and in a form acceptable to the Town
Attorney, a notation of approval shall be made on each plat and the
plats shall be signed by the Secretary and Chairman of the Planning
Board, the Municipal Seal affixed and dated as of the date of the
affixation of the last signature.
C.
Upon final approval being completed, signed copies
of the final plat shall be filed by the Secretary of the Planning
Board with the following:
D.
Failure of the Planning Board to act within 45 days
from the time that a completed application has been filed or in such
extended time as the applicant may consent to, shall be deemed an
approval of the plan as submitted, and the Town Clerk, as the administrative
officer contemplated by N.J.S.A. 40:55D-56 of the Municipal Land Use
Law, upon written request and the payment of the required fee, shall
issue a certificate as to subdivision of land to that effect.
E.
Whenever County Planning Board review or approval
is required in a complete application and such report or approval
is not reviewed by the Planning Board within the time period provided
for final approval in this chapter, the Town of West New York Planning
Board's approval shall be conditioned and subject to any terms and
conditions of the County Planning Board approval.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which the Town of West New
York's approval is required, such person shall be subject to a penalty
not to exceed $1,000 and any other additional remedies available to
the town, and each lot disposition so made shall be deemed a separate
violation. The above does not apply to agreements expressly conditional
on final subdivision approval.
B.
In addition to the foregoing, the Town of West New
York may institute and maintain a civil action for injunctive relief
and to set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land, from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
Any final decision of the Zoning Board of Adjustment approving special reasons or use variances may be appealed to the Town of West New York's Board of Commissioners by any interested party in the manner and by the methods set forth in Chapter 414, Zoning.
