A. 
The procedures set down in this article apply to applications to the Planning Board and the Zoning Board of Adjustment.
B. 
As used in this article, the term "Board" refers to the Planning Board and the Zoning Board of Adjustment acting pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A. 
Definition. "Minor subdivision" shall be any subdivision of land which does not involve the creation or reassembly of more than three lots; which does not involve planned development; which does not involve any new street; and which does not involve the extension of any off-tract improvements.
B. 
Waiver of notice and hearing. The Board may waive notice and public hearing of an application for development if the Board, or Subdivision Committee in the case of the Planning Board, finds that the application for development conforms to the definition of "minor subdivision" set forth in § 29-27A of this article.
C. 
Approval. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 55D-39, 55D-40 and N.J.S.A. 40:55D-53. Minor subdivision approval shall be granted or denied within the time limits established for this purpose in § 29-33 of this article. Approval of a minor subdivision shall expire 190 days from the date of Board approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the county recording officer. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with the Map Filing Act, P.L. 1969, c. 141 (N.J.S.A. 46:23-9.9 et seq.); provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said act. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A. 
Definition. "Major subdivision" is any subdivision of land which is not classified as a minor subdivision.
B. 
Notice and hearing. For all major subdivisions, the Board shall hold a public hearing with public notice given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality, and a notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12 and following the procedures set forth in N.J.S.A. 40:55D-12 and § 29-37 of this article.
C. 
Improvements. As a condition of subdivision approval, the approving authority may require the installation and maintenance of on-tract improvements, and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
D. 
Preliminary approval. Upon submission of a complete application for a major subdivision, the Board shall grant or deny preliminary approval within the time limits established for this purpose in § 29-33 of this article. The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval, as set forth in this Part 1, the Zoning Ordinance and the Land Subdivision Ordinance have been met, provided that minor subdivisions pursuant to N.J.S.A. 40:55D-47 shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the Board required any substantial amendment in the layout of improvements proposed by the developer that have 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 Board shall, if the proposed subdivision complies with the Land Subdivision Ordinance[1] and N.J.S.A. 40:55D-1 et seq., grant preliminary approval to the subdivision.
[1]
Editor's Note: See Ch. 263, Subdivision of Land.
E. 
Final subdivision approval. Before consideration of a final subdivision plat, the Board shall require the posting of adequate performance guaranties to assure the installation of the improvements required by the Board pursuant to Article VII of the Land Subdivision Ordinance of Passaic, or the subdivider shall have installed the improvements. The Board shall also require the posting of adequate maintenance guaranties. Application for final subdivision approval shall be granted or denied within the time limits established for this purpose in § 29-33 of this Part 1. The Board shall grant final approval, if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); provided that, in the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer, since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. 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 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.
A. 
Procedure for preliminary site plan approval.
(1) 
The developer shall submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary site plans and elevations shall be sufficient. Any such architectural plans and/or surveys required to be submitted shall expressly identify all structures of any kind on the property at the time of the application.
[Amended 1-6-2003 by Ord. No. 1556-02]
(2) 
If the Board requires any substantial amendment in the layout of improvements proposed by the developer 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 Board shall, if the proposed development complies with this Part 1, the Zoning Ordinance[1] and the Municipal Land Use Law,[2] grant preliminary site plan approval.
[1]
Editor's Note: See Ch. 317, Zoning.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3) 
Upon the submission to the administrative officer of a complete application for a site plan, preliminary approval shall be granted or denied within the time limits established for this purpose in § 29-33 of this article.
B. 
Procedure for final site plan approval. The Board shall grant final approval, if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and provided the conditions of preliminary approval are met. Final approval shall be granted or denied within the time limits established for this purpose in § 29-33 of this article.
A. 
Effect of preliminary approval of a subdivision or site plan. Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection A(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) 
The general terms and conditions, upon which the 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 and, in the case of a site plan, any requirements peculiar to site plan approval, pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) 
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 or site plan, as the case may be.
(3) 
The applicant may apply for and the Board 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.
(4) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections 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.
B. 
Effect of final approval of a subdivision or site plan.
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Board may extend such period or protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this Part 1, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(2) 
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Board may grant the rights referred to in Subsection B(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development. The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
A. 
Preliminary or minor subdivision. The Planning Board and Board of Adjustment, when acting upon applications for preliminary or minor 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 the provisions for subdivision review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of this ordinance is impracticable or will except undue hardship because of peculiar conditions pertaining to the land in question.
B. 
Site plans. The Planning Board and Board of Adjustment, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C. 
Simultaneous review. The Planning Board and Board of Adjustment 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 Board or the Board being required to hold further hearings. The longest time period for action by the 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 subsection, notice of the hearing on the plat shall include reference to the request for such additional use.
A. 
Planning Board.
(1) 
When an application for development has been submitted to the Planning Board pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the Planning Board shall act on the application within the following time periods after submission by the developer of a complete application:
(a) 
Minor subdivisions: 45 days.
(b) 
Preliminary major subdivision:
[1] 
Ten or fewer lots: 45 days.
[2] 
More than 10 lots: 95 days.
(c) 
Final major subdivision: 45 days.
(d) 
Preliminary site plan:
[1] 
Ten acres or less and 10 dwelling units or less: 45 days.
[2] 
More than 10 acres or more than 10 dwelling units: 95 days.
(e) 
Final site plan: 45 days.
(f) 
Conditional uses: 95 days.
(g) 
Simultaneous applications: see Article IV, § 29-32C.
(2) 
Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 29-6A(8) of this Part 1, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application.
(3) 
Failure of the Planning Board to act within the above prescribed time limits, or as otherwise prescribed in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or within such further time as may be consented to by the applicant, shall constitute approval, 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. The administrative officer's certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
B. 
Board of Adjustment.
(1) 
When an application or appeal has been submitted to the Board of Adjustment pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the Board of Adjustment shall act on the application or appeal within the following time periods after submission by the applicant of a complete application:
(a) 
Appeal from the decision of the administrative officer: 120 days.
(b) 
Submission of a complete application for development pursuant to N.J.S.A. 40:55D-72b: 120 days.
(c) 
Subdivisions: 120 days.
(d) 
Site plans: 120 days.
(e) 
Conditional uses: 120 days.
(2) 
In the event that a developer elects to submit separate consecutive applications, the one-hundred-twenty-day period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval (subdivision, site plan, conditional use) shall be as provided in § 29-33A of this article.
(3) 
Failure of the Board of Adjustment to act within the above prescribed time limits, or as otherwise prescribed in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or within such further time as may be consented to by the applicant, shall constitute approval or a decision favorable to the applicant, and a certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C. 
Time for applications requiring more than one approval. The longest period for action by a Board, whether it be for subdivision, conditional use or site plan approval, shall apply unless otherwise stated in this Part 1.
A. 
Applications for development within the jurisdiction of the Planning Board or Board of Adjustment, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be filed with the administrative officer.
B. 
The applicant shall submit two copies of a subdivision plat, site plan, or both, along with appropriate sketches, maps, forms and supporting information. This initial application package shall be reviewed by the administrative officer pursuant to § 29-35 of this article. The administrative officer shall notify the applicant of his findings that:
[Amended 8-4-1994 by Ord. No. 1295-94]
(1) 
The application contains all the information necessary for a Planning Board or Board of Adjustment hearing; or
(2) 
Additional information is required from the applicant before the application can proceed.
C. 
In the case of the first finding, the applicant shall submit an original and 14 copies of the subdivision plat, site plan, or both, along with the appropriate sketches, maps, forms and supporting information to the administrative officer, at least 14 days prior to the scheduled Planning Board or Board of Adjustment hearing.
D. 
In the case of the second finding, the applicant, if he chooses to proceed, shall submit the additional information to the administrative officer for a subsequent completeness review as per § 29-34B.
[Amended 8-4-1994 by Ord. No. 1295-94]
E. 
An application for development will not be deemed complete for purposes of commencing the applicable time period for action by the Planning Board or Board of Adjustment until the provisions of § 29-35 of this article have been met.
F. 
The applicant shall obtain all necessary forms and checklists from the administrative officer. The administrative officer shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Planning Board and Board of Adjustment. The applicant shall pay any necessary filing fees established by the governing body.
A. 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when the following has occurred:
(1) 
The administrative officer has certified that the application is complete.
[Amended 8-4-1994 by Ord. No. 1295-94]
(2) 
The applicant has submitted the appropriate number of copies of the application, including plats, site plans, maps, sketches and supporting information, to the administrative officer.
B. 
In the event that the administrative officer does not certify the application 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, for the purposes of commencing the applicable time period unless the application lacks information indicated in Article VIII, § 317-31, of Chapter 317, Zoning, and Article VI of Chapter 263, Subdivision of Land; and the administrative officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the administrative officer shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning Board or Board of Adjustment may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the appropriate Board.
[Amended 8-4-1994 by Ord. No. 1295-94]
[1]
Editor's Note: Former § 29-36, Development Review Advisory Committee, as amended, was repealed 8-4-1994 by Ord. No. 1295-94.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
A. 
Newspaper. Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B. 
Two-hundred-foot radius. Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the state and within 200 feet in all directions of the property which is the subject of such hearings, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it; or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property; or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
C. 
Adjoining municipality. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 29-37B of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. 
County Planning Board. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
E. 
Commissioner of Transportation. Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Application exceeding 150 acres or 500 dwelling units. Notice shall be given by personal service or certified mail to the appropriate state agency of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
G. 
Ten-day notice; proof of service. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Effect of mailing notice. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this Part 1 shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block-numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times which any maps and documents for which approval is sought are available as required by law.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 29-37 of this Part 1. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list. The appropriate fee is to be set by the governing body.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, 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 said development, the running of the period of approval under this Part 1 or under any ordinance repealed by this Part 1, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provisions for the payment thereof in such manner that the municipality will be adequately protected.
Whenever review or approval of an application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board or Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time. In the case of other variances, the County Planning Board shall be notified of any application which fronts on an existing or proposed county road, adjoins other county land or is within 200 feet of a municipal boundary.