A.
The applicant shall submit 18 copies of the application together with 12 legible prints containing all information required by the checklist in Article 23, together with all appropriate fees as outlined in this chapter, at least two weeks before the date of the regular meeting of the Approving Board at which the application is to be considered.
[Amended 6-12-2000 by Ord. No. 00-10]
B.
The Secretary of the Approving Board shall forward copies of the
plat to the following officials for review and comment where appropriate:
C.
In appropriate cases, the Approving Board shall have the authority
to approve the preliminary major site plan without the necessity of
any specific referrals. The Approving Board shall also have the authority
to refer any plat to other agencies or other individuals for comment
or recommendations.
The following additional documents shall be provided during
the hearing process in a written statement from the applicant's engineer:
A.
The Approving Board or its designee shall, within 45 days of the submission of an application for development, make a determination that the application for development is complete or incomplete in accordance with the requirements of the appropriate checklist in Article 23 of this chapter. If the Approving Board shall determine that the application is incomplete, the Approving Board or its designee shall advise the applicant or its attorney, in writing, the reasons why the application is incomplete within 45 days of the submission of the application for development. In the event that the Planning Board or its designee does not certify the application to be incomplete or complete within 45 days of the date of submission of an application for development, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time.
B.
The applicant may request, in writing, that one or more of the submission
requirements be waived. The applicant shall include the reasons for
said request. The Approving Board or its designee shall grant or deny
the request within 45 days. In the event that the Approving Board
or its designee shall deem the application incomplete in accordance
with the provisions of this section, any resubmissions by the applicant
shall be reviewed and certified to be complete within 45 days of the
submission of those resubmissions.
C.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application. The Approving Board may subsequently
request correction of any material found to be in error and submission
of additional information not specified in this chapter 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 an application for development have been met. The application
for development shall not be deemed incomplete for lack of any such
additional information.
The officials and agencies cited in § 11-120 above shall forward their comments and recommendations, in writing, to the Approving Board within 30 days from the receipt of the map.
[Amended 12-22-2005 by Ord. No. 05-22]
At the time when the Approving Board considers the application and determines that the application is complete and ready for public hearing, the Approving Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the Approving Board, the applicant shall follow the procedures established in this chapter with respect to hearings. See § 11-34.
The Approving Board may require the filing of an amended application
which shall proceed as in the case of the original application for
development. No additional application fee shall be required. Completeness
review shall be at the discretion of the Approving Board. The time
within which the Approving Board shall review the amended application
and make its determination shall commence as of the date of the filing
of the amended plat. If the applicant fails to submit an amended application
within the original time for review authorized by this chapter, the
Approving Board shall be obligated to act on the original application.
If, at the discretion of the Approving Board, the change or changes
are considered minor in nature, the applicant may be given approval
subject to the submission of an amended plan indicating the changes.
[Amended 4-23-1998 by Ord. No. 98-3]
The Approving Board shall approve, conditionally approve or
deny the preliminary major site plan application of 10 lots or less
within 45 days of the determination by the Approving Board that the
application is complete unless the applicant shall extend the period
of time within which the Approving Board may act. The Approving Board
shall approve, conditionally approve or deny the preliminary major
site plan application of more than 10 lots within 95 days of the determination
by the Approving Board that the application is complete unless the
applicant shall extend the period of time within which the Approving
Board may act. Failure of the Approving Board to act within the time
prescribed shall constitute preliminary major approval, and a certificate
of the Administrative Officer as to the failure of the Approving Board
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 accepted by the county recording
officer for purposes of filing subdivision plats. The Approving Board
shall include findings of fact and conclusions based on the testimony
and documentary evidence submitted and shall reduce its determination
to writing in accordance with law.
A.
Preliminary approval of a major site plan shall confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(1)
That the general terms and conditions on which 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; except that
nothing herein shall be construed to prevent the township 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;
and,
(3)
The applicant may apply for, and the Approving Board may grant, extensions
on such preliminary approval for additional periods of at least one
year but not to exceed two years, provided that if the design standards
have been revised by Ordinance, such revised standards may govern.
B.
C.
The applicant may apply for thereafter, and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval.
(2)
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval.
(3)
Economic conditions.
(4)
The comprehensiveness of the development, provided that if the design
and improvement standards have been revised, such revised standards
may govern.
D.
Whenever the Approving Board grants an extension of preliminary site plan approval pursuant to Subsections B or C above and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the extension date. The developer shall apply for the extension either before or after what would otherwise be the expiration date.
[Amended 4-23-1998 by Ord. No. 98-3]
E.
The Approving Board shall grant an extension of preliminary approval for a period determined by the Approving Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. The extension granted pursuant to this section shall not preclude the Approving Board from granting an extension pursuant to Subsections B or C above.
A.
Where the developer seeks to commence construction of the project
prior to final approval, the developer shall submit the engineering
plans and specifications for the improvements to the Township Engineer
who shall approve or deny them within 35 days. In the event of a denial,
the specific reasons must be enumerated in a letter to the applicant
from the Township Engineer.
B.
If revised plans are submitted in response to a denial letter, they
shall be approved or denied within 20 days with the same requirements
as previously imposed for the denial. After the plans have been approved
by the Approving Board, the developer shall comply with the requirements
for performance guaranties as indicated in this chapter. All of the
above shall be verified by the Township Engineer at a preconstruction
meeting. Thereafter, the developer may commence construction of the
project prior to final approval.
A.
All proposed improvements or development indicated on the approved
site plan map shall meet the requirements of all applicable codes,
ordinances and specifications of the township, county, state or federal
governments and other agencies with jurisdiction over matters pertaining
to site development.
B.
The Construction Official and/or the Planning Board Engineer may
authorize minor variations in the site plan caused by field conditions
and shall notify the Approving Board of such variations.
In the event of a failure to comply with any condition of the
preliminary site plan approval, the Construction Official, on his
or her own initiative, may revoke the construction permit and seek
to enjoin the violation, or take such other steps as permitted by
law. The construction permit authorized to be issued pursuant to preliminary
site plan approval shall be limited to site improvements.
After approval of the preliminary site plan, copies of the signed
plat or resolution of memorialization shall be distributed as follows,
where appropriate:
