At least 20 legible prints of the plat containing all data required in Article XXI, § 104-152, and items required in the Checklists at the end of this chapter, together with three completed applications for preliminary approval and all fees as required, shall be submitted to the Planning Board Secretary at least three weeks prior to the regular Planning Board meeting at which it is to be considered.
The following exhibits shall be filed with all
preliminary plats:
A.
Two copies of an affidavit of ownership or letter
from owner authorizing submission of the plat.
B.
Two copies of a letter of intent stating the following
information if known:
(1)
The types of structure(s) to be erected.
(2)
The approximate date of the start of construction.
(3)
The priority of construction (point or location).
(4)
A tentative section plan for the entire subdivision
indicating all facilities, including the estimated number of lots
on which final approval will be requested.
(5)
A letter from the Tax Collector indicating that
all taxes have been paid to date.
A.
Copies of the preliminary plat, application form and
exhibits shall be forwarded by the applicant immediately upon receipt
to the following persons or agencies:
(1)
Borough Engineer.
(2)
County Board of Health.
(3)
Borough Building Inspector.
(4)
Borough Zoning Officer.
(5)
County Planning Board.
(6)
Borough Planner.
(7)
Environmental Commission.
(8)
Appropriate Fire Company.
(9)
Any other official or agency which may be affected
by the proposed subdivision or required to be notified by law.
B.
The applicant shall be responsible for forwarding
all preliminary plans and exhibits to the County Planning Board and
other required agencies set forth hereunder.
After all comments have been received or after 30 days have elapsed from the date of referral and after the applicant has made the required changes to the plat, the Planning Board shall, after a review of said plat and if all requirements are met and said application is complete, set the date for the public hearing in accordance with §§ 104-75 and 104-76, Article XI.
The following shall be submitted to the Planning
Board by the applicant:
C.
Fire Company. If appropriate, a letter from the appropriate
Fire Company stating that the proposed road system is adequate.
D.
Health Officer. A letter from the Hunterdon County
Board of Health or appropriate municipal, county or state authority
approving the proposed individual or common sewage disposal facility
and individual water supply systems.
A.
The Planning Board shall act on the plat within the applicable time period set forth in this chapter. Failure of the Planning Board to act within the applicable time period or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated, in writing, to the applicant within 10 days of the date of the decision and advertised as required by Article XI of this chapter. No action shall be taken until receipt of the County Planning Board review or until 30 days have elapsed from date of referral to the County Planning Board.
B.
If substantial changes or amendments are required,
such as changes to the drainage and circulation pattern, lot configuration
or number of lots, as a result of the public hearing or of the Planning
Board deliberations, the applicant may be required to resubmit the
plat for preliminary approval.
A.
The Planning Board shall approve, conditionally approve
or reject the application. Approval or conditional approval confers
upon the applicant the following rights for a three-year period from
the date of approval or conditional approval:
(1)
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 Borough
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.
B.
If either the Planning Board or the County Planning
Board disapproves a plat, the reasons for disapproval shall be remedied
prior to further consideration. If approval is required by any other
officer or public body, the same procedure as applies to submission
to and approval by the County Planning Board shall apply. The Planning
Board may grant conditional approval subject to the subsequent approval
of other officers and public bodies.
A.
The applicant may apply for and the Planning Board
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.
B.
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A, above, for such period of time, no longer than three years, 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 preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the above factors, provided that if the design standards have been revised, such revised standards may be required by the Planning Board.
