In accordance with the Municipal Land Use Law,
the Planning Board shall act as the approving authority for subdivision
plats as a condition for filing such plats with the county recording
officer, either individually or as part of a simultaneous application
with other governmental agencies:
A.
For minor subdivisions.
B.
For preliminary and final major subdivisions.
C.
For minor and major subdivisions which also require
conditional use approval.
D.
For minor and major subdivisions which also require
site plan approval.
E.
For minor and major subdivisions which also require planned development approval, when authorized by Chapter 290, Zoning.
F.
For minor and major subdivisions in which a variance
is requested, pursuant to the provisions of N.J.S.A. 40:55D-60.
In accordance with the Municipal Land Use Law,
the Board of Adjustment shall act as the approving authority for subdivision
plats as a condition for filing such plats with the county recording
officer when a use variance, pursuant to the provisions of N.J.S.A.
40:55D-70d, is requested and a subdivision is required as part of
the application.
The approving authority, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements of this chapter as
may be reasonable and within the general purpose and intent of the
provisions for subdivision review if the literal enforcement of one
or more provisions of the chapter is impractical or will exact undue
hardship because of the peculiar conditions pertaining to the land
being subdivided.
The approving authority shall have the power
to review and approve one or more land use ordinance requirements
simultaneously with the review for subdivision approval without the
applicant being required to make further application to the approving
authority or the approving authority being required to hold further
hearings. When such simultaneous action is being taken by the approving
authority, the longest time period for action by the approving authority,
whether it be for subdivision, conditional use, site plan approval
or variance, shall apply to the application. Whenever approval of
a conditional use or a use variance is requested by the applicant,
notice of the hearing on the subdivision application shall include
reference to the request for such conditional use or use variance.
At the request of a developer, the approving
authority shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested, and the Planning
Board shall not be bound by any such review.
A.
Application fees. The application fees for subdivisions shall be as set forth in Chapter 123, Fees, and shall be paid with the filing of the application in cash, certified or bank check to the municipality.
B.
Inspection fees. The applicant shall deposit the sum
of 3% of the estimated cost of the improvements required by the subdivision
approval to pay the municipality's engineering and inspection expenses
related to the construction and installation of the improvements,
together with a sum sufficient, in the opinion of the approving authority,
to pay the municipality for its legal, planning, recording and other
costs regarding the subdivision.
C.
Fees for specific services. The fees for the reproduction of minutes of meetings, transcripts, copies of decisions and certified lists of persons requiring notice and other miscellaneous services shall be as set forth in Chapter 123, Fees.
D.
Escrow fees; when required.
(1)
In addition to the required application fees, the
applicant shall be required to establish one or more escrow accounts
with the municipality for the purpose of paying the municipality's
expenses for professional services concerning the application.
E.
Escrow fees: Payment of professional services rendered to the approving
authority by its consultants, including Engineer, Planner, Traffic
Engineer and Attorney, shall be made in the following manner:
[Amended 12-6-2021 by Ord. No. 2021-16]
(2)
The professional consultants shall submit vouchers to the municipality
for their services, and, upon approval of the approving authority,
the vouchers shall be paid from the applicant's escrow account.
The applicant shall be provided with copies of vouchers submitted
for payment from the applicant's escrow account.
(3)
The balance remaining in the applicant's escrow account upon
final action on the application shall be returned to the applicant.
(4)
In the event that the funds deposited by the applicant are found
to be insufficient to pay the approving authority's professional
consultants for their services, the approving authority may require
the applicant to deposit additional funds with the municipality for
that purpose.
(5)
The administrative officer shall notify the approving authority's
professional consultants when the escrow deposits have been made and
that they may begin their reviews of the application.
(6)
The approving authority shall take no formal action concerning the
application unless all application fees and escrow fees have been
paid to the municipality.
Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days prior to the date of the hearing during normal business
hours in the office of the Municipal Clerk. The applicant may produce
other documents, records or testimony at the hearing to substantiate,
clarify or supplement the previously filed maps and documents.
A.
Notice of public hearings.
(1)
Notice of a hearing requiring public notice pursuant to § 250-9A of this chapter shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any 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.
(b)
Notice to a partnership owner may be made by
service upon any partner.
(c)
Notice to a corporate 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.
(d)
Notice to a condominium association, horizontal
property regime, community trust or homeowner's association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject matter 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.
(2)
Said notice shall state the date, time and place of
the hearing, the nature of the application and the matters to be considered
by the approving authority, the identification of the property proposed
for subdivision or development by its street address and current tax
lot and block numbers. The notice shall also state that the maps and
documents concerning the application will be available for public
inspection at the Municipal Clerk's office during normal business
hours.
(3)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(4)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the municipality at least
10 days prior to the public hearing.
(5)
Proof of service upon property owners and proof of
publication in affidavit form shall be submitted to the administrative
officer at least forty-eight (48) hours prior to the public hearing.
B.
Certification of list of persons entitled to notice. Upon the written request of an applicant, the administrative officer of the municipality shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 250-11A of this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on said list shall not invalidate any hearing or proceeding. The applicant shall pay a fee as set forth in Chapter 123, Fees.
C.
Other notifications.
(1)
Adjoining municipalities. 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.
(2)
Bergen County Planning Board. Notice of all hearings
on applications for the 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 the municipal boundary, shall be given by personal service
or certified mail to the Bergen County Planning Board.
(3)
Commissioner of Transportation. Notice of all hearings
on applications for development of property adjacent to a state highway
shall be given by personal service or certified mail to the New Jersey
Commissioner of Transportation.
(4)
Department of Community Affairs. Notice of all hearings
on any applications for development of property which exceeds 150
acres or 500 dwelling units shall be given to the New Jersey Division
of State and Regional Planning in the Department of Community Affairs.
The notice shall include a copy of any maps or documents required
to he on file with the Municipal Clerk concerning such application.
(5)
Effect of mailing notice. Notice made by certified
mail shall be deemed complete upon mailing.
The approving authority shall provide for the
verbatim recording of the proceedings by either stenographic, mechanical
or electronic means. The approving authority shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party, at his expense. The charge to an interested party for a transcript
shall not be more than the maximum permitted in N.J.S.A. 2A:11-15,
and such transcripts shall be certified, in writing, by the transcriber
to be accurate.
A.
Each decision on any application for development shall
be reduced to writing as provided in this section and shall include
findings of fact and conclusions based thereon. Failure of a motion
to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the
application.
B.
The approving authority may provide such written decision
and findings and conclusions either on the date of the meeting at
which the approving authority grants or denies approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the approving authority thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by a resolution as provided above, notwithstanding
the time at which such action occurs within the applicable time period
for rendering a decision on the application.
C.
The adoption of a resolution of memorialization pursuant
to this section shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the approving authority who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the approving
authority and not to be an action of the approving authority, except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
D.
Whenever a resolution of memorialization is adopted
in accordance with this section, the date of such adoption shall constitute
the date of decision for purposes of the mailings, filings and publications
required by law.
A.
Notification of decision. A copy of the decision shall
be mailed by the approving authority within 10 days of the date of
the decision to the applicant or, if represented, to his attorney,
without separate charge, and to all who may request a copy of the
decision for a reasonable fee. A copy of the decision shall also be
filed by the approving authority in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
B.
Publication of notice of decision. A brief notice
shall be published in the official newspaper of the municipality.
The period of time from which an appeal of the decision may be made
shall run from the publication of the decision.
A.
A prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
may apply in writing to the administrative officer for issuance of
a certificate certifying whether or not such subdivision has been
approved by the approving authority. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
B.
The administrative officer shall make and issue such
certificate within 15 days after the receipt of such written application
and payment of the fees therefor. The administrative officer shall
keep a duplicate copy of each such certificate, consecutively numbered,
including a statement of the fee charged, in a binder as a permanent
record of his office. Each such certificate shall be designated a
certificate as to approval of subdivision of land and shall certify:
(1)
Whether there exists in the municipality a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions of terms
thereof, showing that the subdivision of which the lands are a part
is validly existing subdivision.
(3)
Whether the subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided by the Municipal Land Use Law.
