Borough of Riverton, NJ Article III Procedures for Submission and Review

§ 113-4 Sketch plans.

Subdividers are urged to prepare sketch plans for review with the Planning Board. Such sketch plans shall be considered for informal discussion and shall not constitute official submission. Based on the data on the plan and information received during the discussion, the Planning Board will advise the subdivider of the extent to which the proposed subdivision conforms to this chapter and suggest any modifications which are deemed advisable or necessary to secure conformance with this chapter where applicable.

§ 113-5 Submission and classification of application plans.

A. An applicant may submit a plan as either a minor or major subdivision plan.

B. Applications shall be submitted to the Administrative Officer, who shall determine if the application is complete within 45 days of the date of submission. Applicants with incomplete applications shall be notified, setting forth the deficiencies in writing within 45 days of actual submission.

C. After an application has been determined to be complete, the Planning Board shall review the application and by majority vote shall classify the application plans as either minor or major. A notation to that effect shall be made on the application.

§ 113-6 Action by County Planning Board.

Each application for subdivision approval, where required pursuant to P.L. 1975, c. 291,[1] shall be submitted by the applicant to the County Planning Board for review and approval, and the 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.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 113-7 Minor subdivisions.

A. The applicant shall submit six copies of the complete application, together with all applicable fees.

B. The Secretary of the Planning Board shall distribute copies to Planning Board members, and the applicant shall make application to the County Planning Board.

C. The Planning Board, by majority vote, shall waive notice and public hearing if the Planning Board finds that the application for development conforms to the definition or "minor subdivision."

D. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.

E. Minor subdivision approval shall be granted or denied within 45 days of the date of 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 minor subdivision approval, and a certificate of the Secretary of the Planning 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.

F. 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. 1-41,[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Planning Board 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 accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

G. 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 herein.

§ 113-8 Preliminary approval of major subdivisions.

A. The applicant shall submit six blueprint copies of the complete application, together with all applicable fees.

B. The Secretary of the Planning Board shall distribute copies as specified in § 113-7.

C. Time for decision.

(1) Upon the submission of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in this chapter, 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.

(2) If the application for subdivision approval also involves an application for relief pursuant to Section 57c of P.L. 1975, c. 291,[1] the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

[1] Editor's Note: See N.J.S.A. 40:55D-70c

(3) 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.

(4) Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the application, 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.

D. Public hearing. A public hearing in accordance with Sections 6 and 7 of P.L. 1975, c. 291, shall be held on all applications for preliminary approval. The date set for the hearing shall be given to the applicant after consultation with the Planning Board.

E. Plan amendments. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that has been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. Documents and plans not needing revisions need not be resubmitted except if required by the Planning Board. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision approval.

F. Professional review. The Planning Board Engineer shall forward to the Secretary of the Planning Board a written review report, together with any recommendations for improvement or modification.

G. Disapproval of preliminary plat. If the preliminary plat is disapproved, one copy of the plat shall be returned to the applicant, together with a copy of the resolution explaining the reasons for denial. The applicant may resubmit a major subdivision for preliminary approval as a new application in accordance with the requirements of this chapter, including the payment of additional fees, after modifying the application to conform to the requirements of the disapproval letter.

H. Approval of preliminary plat. If the Planning Board acts favorably on a preliminary plat, the plat shall be revised by the applicant to reflect all conditions of approval. Six copies of the revised plat and landscape plan shall be submitted to the Planning Board Engineer, who shall review the revised plat for compliance with all conditions. The plat, if acceptable, shall be certified by the Planning Board Engineer as conforming to the approval resolution, and he shall submit one copy each to the Planning Board Secretary and Construction Official and two copies to the applicant and shall retain two copies.

§ 113-9 Final approval of major subdivisions.

A. The applicant shall submit six blueprints of the complete application, together with all applicable fees.

B. The Secretary of the Planning Board shall distribute copies as specified in § 113-7.

C. Professional review. The Planning Board Engineer shall forward to the Secretary of the Planning Board a written report as to the compliance of the final plat with all requirements of this chapter.

D. Time for decision.

(1) The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141.[1]

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(2) Final approval shall be granted or denied within 45 days after submission of a complete application 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 of the application for final approval as submitted, and a certificate of the Secretary of the Planning Board as to 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 required evidence of approval.

E. Disapproval of final plat. If the final plat is disapproved, one copy of the plat shall be returned to the applicant, together with a letter from the Planning Board Secretary explaining the reason for denial. The applicant may resubmit a major subdivision for final approval as a new application in accordance with the requirements of this chapter, including the payment of additional fees, after modifying the application to conform to the requirements of the disapproval letter.

F. Approval of final plat and bonding estimate. If the Planning Board acts favorably on a final plat, the plan shall be revised by the applicant to reflect all conditions of approval. Six blueprints, one original tracing, one Mylar and two linens of the revised plat shall be submitted to the Planning Board Engineer, who shall review the revised plat for compliance with all conditions. The applicant shall also prepare and submit to the Planning Board Engineer an estimate of improvement costs for bonding purposes. The approved bonding estimate, as approved by the Township Engineer, and two copies of the final plat shall be sent to the applicant. Two copies and the reproducible shall be sent to the Planning Board Secretary.

G. Performance guaranty.

(1) Before recording of final subdivision plats, the Planning Board shall require the posting of adequate performance guaranties in keeping with the approved estimate of improvement costs and in accordance with the provisions of this chapter regarding improvements.

(2) Said performance guaranty shall have been reviewed and have the approval of the Borough Solicitor as to both form and amount.

(3) In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

(4) The performance guaranty shall remain in effect and be valid until all the required improvements are completed. If letters of credit are used, the bank shall notify the Borough two months before said letters of credit expire, and if the letters of credit are not renewed 30 days before the expiration date, the Borough shall have the right to draw upon the performance guaranty.

H. Filing of final plats.

(1) Final approval of a major subdivision shall expire 95 days from the date of final approval 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 final approval of the plat.

(2) Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the Planning Board or a copy of the certificate of the Secretary of the Planning Board indicating that the Planning Board failed to reach a decision on the subdivision application within the prescribed time. 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. The plan shall be dated with the date when the Board took action and not the date when the plans were signed. The applicant's time period for filing the final plat shall commence with the date when action was taken by the Board, which date shall be deemed the date of final approval.

§ 113-10 Exceptions.

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.

§ 113-11 Simultaneous review.

The Planning Board shall have the power to review and approve or deny conditional uses and 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.

§ 113-12 Payment of taxes and assessments.

Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or if it is shown that taxes or assessments are delinquent of said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.