A.
The applicant shall submit 18 copies of the application together
with 18 legible prints containing all information required in the
appropriate checklist along with all appropriate fees as outlined
in this chapter at least two weeks prior to 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
map to the following officials for review and comment where appropriate:
C.
In appropriate cases, the Approving Board shall have the authority
to approve a minor site plan without the necessity of any specific
referrals. The Approving Board shall also have the authority to refer
any map to other agencies or individuals for comment or recommendations.
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 checklist in Article 23. 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 Approving 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 that one or more of the submission requirements
be waived, in which event the Approving Board or its designee shall
grant or deny the request within 45 days. In the event that the Approving
Board 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 § 11-111 above shall forward their comments and recommendations, in writing, to the Approving Board within 30 days from the receipt of the plat.
[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.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, the Approving 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.
The Approving Board shall approve, conditionally approve or
deny a minor site plan within 45 days of the determination of the
Approving Board that the application is complete, unless the applicant
shall extend the period of time within which the Board may act. Failure
of the Approving Board to act within the period of time prescribed
shall constitute minor site plan approval, and a certificate by the
Secretary as to the failure of the Approving Board to act shall be
issued on request of the applicant.
A minor site plan approval shall be deemed to be a final approval
of the site plan by the Approving Board, provided that the Board may
condition such approval on terms ensuring the provision of improvements
as may be required pursuant to the Municipal Land Use Law and its
amendments. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which the minor site plan approval
is granted shall not change for a period of two years from the date
of the minor site plan approval. The Approving Board shall grant an
extension of this period 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 approvals. The developer shall apply for this extension
before what would otherwise be the expiration date or the 91st day
after the date on which the developer receives the last of the legally
required approvals from the other governmental entities, whichever
occurs later.
After the approval of a minor site plan, copies of the signed
map shall be distributed to the following, where appropriate:
