A.
Minor subdivision approval. Minor subdivision approvals
shall be granted or denied within 45 days of the date of submission
of a complete application to the Planning Board or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the prescribed period shall constitute minor subdivision
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. Approval of a minor subdivision shall expire 190 days
from the date of Planning Board approval unless within such period
a plat in conformity with such approval and the provisions of the
Map Filing Law or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Clerk, Municipal Engineer
and Municipal Tax Assessor. Any such plat or deed shall be signed
by the Chairman and Secretary of the Planning Board before it will
be accepted for filing with the County Clerk. 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.
B.
Preliminary approval of major subdivision.
(1)
Upon submission 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 submission or within such time as may be
consented to by the developer. Upon 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 or within such further
time as may be consented to by the developer. Otherwise, the Planning
Board shall be deemed to have granted preliminary approval for the
subdivision.
(2)
Preliminary approval of a subdivision plat or site
plan shall confer upon the developer the following rights:
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed for a three-year
period from the date of preliminary approval unless modified by ordinance
provisions relating to public health or safety.
(b)
That the developer 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.
(c)
That the applicant may apply for and the Planning
Board may grant extensions of such preliminary approval for additional
periods of at least one year or longer as provided in N.J.S.A. 40:55D-49.
A.
Appeals to the Planning Board may be taken by any
interested party affected by any decision of an administrative officer
of the municipality based on or made in the enforcement of the Zoning
Ordinance or Official Map. Such appeal shall be taken within 65 days
by filing a notice of appeal with the officer from whom the appeal
was taken, specifying the grounds of such appeal. The officer from
whom the appeal is taken shall immediately transmit to the Board all
of the papers constituting the record upon which the action appealed
from was taken.
B.
A developer may file an application for development
with the Planning Board for action under any of its powers without
prior application to an administrative officer. Three copies of said
application shall be filed. At the time of filing the appeal or application,
but in no event less than 10 days prior to the date set for hearing,
the applicant shall file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Board.
The applicant shall obtain all necessary forms from the Board Secretary.
The Secretary of the Board shall inform the applicant of the steps
to be taken to initiate the proceeding and of the regular meeting
dates of the Board.
C.
Any application for relief made pursuant to § 125-20 shall be granted or denied within 120 days after the date an appeal is taken from the decision of an administrative officer or the date of the submission of a complete application for development to the Board pursuant to N.J.S.A. 40:55D-72. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
Specifications and checklists for items and
information to be submitted for complete applications for development:
A.
In order for an application for development to be
complete for purposes of commencing the applicable time period for
action by the Planning Board, the items set forth in the attached
Land Development Review Checklist, Exhibit A, must be submitted with
any application for development.[1]
[1]
Editor's Note: The Land Development Review Checklist, Exhibit
A, is on file in the Township offices.
[2]
Editor's Note: This ordinance provided that it would apply
to any application for development submitted on or after 10-1-2011.
[3]
Editor’s Note: This ordinance provided that it would
apply to any application for development submitted on or after 8-1-2012.
B.
A development application shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board when so certified by the Board or its authorized committee or
designee. In the event that the Board, committee or designee does
not certify the application to be complete within 45 days from the
date of its submission, the application shall be deemed complete upon
the expiration of the forty-five-day period for purposes of commencing
the applicable time period, unless the application lacks information
indicated on the checklist of items to be submitted specified herein
and provided, in writing, to the applicant, and the approving authority
or its authorized committee or designee 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
Board or its authorized committee shall grant or deny the request
within 45 days of the date of its submission. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that the applicant is entitled to approval
of the application. The approving authority 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
of 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.
C.
In the event that the determination as to completeness
is made by a committee or designee, an applicant may appeal such decision
concerning completeness of an application to the Planning Board. The
Planning Board shall have 45 days after receipt of a written request
to schedule a public hearing, at which time the Planning Board will
determine if the application is complete. The Board shall affirm,
modify or reverse the decision of the committee or designee.
