[Amended 1-31-1977 by Ord. No. 77-35]
A.
Where the applicant has complied with the provisions of this chapter and conditions of preliminary approval, the applicant desiring final plat approval shall submit to the administrative officer, at least one week but not more than two weeks prior to the Planning Board meeting at which consideration is desired, an original, on linen or Mylar, and 15 copies of a completed application form and shall pay the appropriate fee to the administrative officer. A fee of $75 for a subdivision containing 25 lots or less and $100 for a subdivision having more than 25 lots shall be paid to the administrative officer. The administrative officer shall immediately notify the Planning Board upon receipt of an application for final approval.
B.
The Planning Board shall hold a public hearing on the application for approval of major subdivisions, the date thereof to be set by the Secretary of the Planning Board. Notice of a public hearing shall be caused to be given in the official newspaper and to owners of real property within 200 feet of the subject property and a public hearing held in accordance with Chapter 38, Land Use Procedures.
C.
Copies of the plat presented to the Planning Board for final approval shall be forwarded by the Secretary of the Planning Board at least five days prior to the hearing to the following persons:
(1)
Township Engineer.
(2)
Police Chief.
(3)
Building Inspector.
(4)
Township Manager.
(5)
Secretary of the Advisory Shade Tree Committee.
(6)
Director of Fire Prevention Bureau.
(7)
Such other municipal, county or state officials as directed by the Planning Board.
(8)
Two copies of the plat and a notice of the hearing thereon shall be transmitted by the Secretary of the Planning Board, prior to the hearing, to the Planning Board or, if there is none, then to the governing body of every municipality, any part of the boundary of which lies within 200 feet of any part of the subdivision.
D.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer 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 final 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, and it shall be sufficient in lieu of 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. Whenever review or approval of the 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), the Municipal Planning Board 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.
E.
Township Engineer's endorsement of approval on plat. Before final approval of the plat, the Planning Board shall require an endorsement on the plat by the Township Engineer approving the design and location of all utilities. No such endorsement of approval shall be made by the Township Engineer until he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed, nor until the subdivider has complied with one or both of the following:
F.
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 extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate of failure to act has been issued. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the guaranties required by the Planning Board based upon this chapter. If the county recording officer records any plat without such approval, such recording shall be deemed null and void; and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
G.
Effect of final approval of major subdivision. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval and has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
H.
Incorporation of modifications; variances.
(1)
Unless the subdivision is approved without change, the final plat for recording will have incorporated all changes or modifications required by the Planning Board. If the Planning Board requires any substantial amendment in the layout of improvements, proposed by the subdivider, that have been the subject of a hearing, an amended plat must be submitted and proceeded upon as in the case of the original plat.
(2)
If the Planning Board disapproves any plat, the findings and reasons for such disapproval shall be stated upon the records of the Planning Board, and the applicant shall be given a copy. If the final plat is approved and, as approved, such plat shall contain a lot or lots which fail to comply with the minimum dimension and area requirements of Chapter 268, Zoning, of the Code of the Township of Cedar Grove, the Planning Board shall then consider the granting of the variance by following the procedure outlined in zoning for the granting of variances and pursuant to the ancillary powers of the Planning Board established in N.J.S.A. 40:55D-60.
I.
Township Clerk's certification. The Township Clerk may be called upon to certify to the Planning Board that deeds and conveyances for all property which is to be given for public purposes, such as park areas, streets, easements and the like, are being held in escrow so that they may be transferred to the Township at such time as the signatures authorizing final approval are placed on the final plat plan.