Each application for subdivision approval, where required pursuant to
Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), shall be submitted by
the applicant to the County Planning Board for review or approval, as required
by the aforesaid section,s and 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 period.
A.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application to the
Secretary of the Board exercising jurisdiction 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 minor subdivision approval
and a certificate of the Secretary of the Board 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 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.
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 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 period.
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L. 1960, c.
141 (N.J.S.A. 46:23-9.9 et seq.), 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
accepted for such filing shall have been signed by the Chairman and Secretary
of the Planning Board. In reviewing the application for development for a
proposed minor subdivision, the Planning Board may be permitted by ordinance
to accept a plat not in conformity with the Map Filing Act, P.L. 1960, 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.
D.
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 as provided in this section.
E.
If the plat is classified as a major subdivision, a notation
to that effect shall be made on the plat which will be returned to the subdivider
for compliance with the procedures of this chapter for major subdivision approval.
A.
If the Planning 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 Planning
Board shall, if the proposed subdivision complies with this chapter and N.J.S.A.
40:55D-1 et seq., grant preliminary approval to the subdivision.
B.
Copies of the preliminary plat shall be forwarded by
the Secretary of the Planning Board prior to the hearing to the following
persons:
C.
Upon the submission to the Secretary of the Board 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 the date
of such submission or within such further time as may be consented to by the
developer. Upon the 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 of the date of such submission 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 to the subdivision.
Preliminary approval of a major subdivision pursuant to this chapter
shall, except as provided in Subsection D hereunder, confer upon the applicant
the following rights for a three-year period from the date of preliminary
approval:
A.
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 municipality from modifying by ordinance
such general terms and conditions of preliminary approval as relate to public
health and safety.
B.
That 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.
C.
That the applicant may apply for and the municipal agency
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.
D.
In the case of a subdivision of an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the municipal agency 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 municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
A.
The final plat shall be submitted to the Municipal Clerk
for forwarding to the Planning Board for final approval within three years
from the date of preliminary approval. The Municipal Clerk shall immediately
notify the Secretary of the Planning Board upon receipt of a final plat.
B.
The original tracing, one translucent tracing cloth copy,
two cloth prints, four black-on-white prints and three copies of the application
form for final approval shall be submitted to the Secretary of the Planning
Board at least five days prior to the date of a regular Planning Board meeting.
Unless the preliminary plat is approved without changes, the final plat shall
have incorporated all changes or modifications required by the Planning Board.
C.
The final plat shall be accompanied by a statement by
the Municipal Engineer that he is in receipt of a map showing all utilities
in exact location and elevation identifying those portions already installed
and those to be installed and that the subdivider has complied with one or
both of the following:
D.
Where the applicant has complied with the provisions
of this chapter and met the standards established by this chapter for final
approval, conditions of preliminary approval and all standards prescribed
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), the
Planning Board shall grant or deny final approval within 45 days after submission
of a complete application to the Secretary of the Board 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 Secretary of the Board 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 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.
E.
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), in the case of a subdivision, 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 period.
A.
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 Planning Board may extend such
period of protection for extensions of one year but not to exceed three extensions.
Notwithstanding any other provisions of this chapter, the granting of final
approval terminates the time period of preliminary approval pursuant to this
chapter for the section granted final approval.
B.
In the case of a conventional subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration 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 Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning 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.
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 shown extend the period for recording
for an additional period not to exceed 190 days from the date of signing of
the plat.
B.
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 has been issued pursuant to this chapter.
The signatures of the Chairman and Secretary of the Planning Board shall not
be affixed until the developer has posted the guaranties required pursuant
to 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 Borough, the plat shall be expunged from the official records.
C.
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.
A.
Whenever application for approval of a subdivision plat
includes a request for relief pursuant to the Planning Board's power to hear
certain variance applications as prescribed by ordinance and otherwise provided
by law, the Planning Board shall grant or deny approval of the application
within 95 days after submission by the developer of a complete application
to the Secretary of 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 period prescribed shall constitute approval of the application and a certificate
of the Board Secretary 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
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.
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), 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 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 period.
C.
Whenever an application for development is made to the Board of Adjustment, accompanied by an application for subdivision approval pursuant to N.J.S.A. 40:55D-76 and Chapter 261, Land Use Procedures, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Board Secretary or within such further time as may be consented to by the applicant. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary of the Board of Adjustment 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.
D.
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), in the case of a subdivision, the Municipal 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 or by its failure to report thereon within the required
time.
E.
An application under this section may be referred to
any appropriate person or agency, including the Planning Board, for its report,
provided that such reference shall not extend the period of time within which
the Zoning Board of Adjustment shall act.
A.
The Planning Board, 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 this chapter, if the literal enforcement of one or
more provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
B.
The Planning Board 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 Planning Board or the Planning Board being required to
hold further hearings. The longest time period for action by the Planning
Board, whether it is for subdivision, conditional use or site plan approval,
shall apply. Whenever approval of a conditional use is requested by the developer
pursuant to this section, notice of the hearing on the plat shall include
reference to the request for such conditional use.
A.
Whenever any application shall involve a request for subdivision approval and for variances pursuant to N.J.S.A. 40:55D-70(c) for relief from lot area requirements for more than one lot, the applicant shall be required to first submit the variance application to the Board of Adjustment in the manner prescribed in Chapter 261, Land Use Procedures. Upon receipt of notification by the applicant of approval of the variance application by the Board of Adjustment or approval by reason of failure of the Board of Adjustment to act within the time prescribed by law, the applicant shall file an application with the Secretary of the Planning Board for preliminary major subdivision approval pursuant to this chapter, and the applicant shall thereafter request that the Secretary of the Board of Adjustment forward to the Secretary of the Planning Board the record on the variance application. Said application before the Planning Board shall then be considered as a new application and shall be governed in the same manner in this chapter.
B.
Nothing herein shall limit the power of the Board of
Adjustment to condition the approval upon the obtaining of subdivision by
the Planning Board.
