In accordance with Chapter 291 of the Laws of
1975, the Planning Board shall act as approving authority for
subdivision plats as a condition for filing such plats with the County
Recording Officer, either individually or as part of a simultaneous
application, as follows:
B. For preliminary
and final subdivisions.
C. For minor and
major subdivisions which also require conditional use approval.
D. For minor and
major subdivisions which also require site plan approval.
E. For minor and
major subdivisions which also require, if provided for by ordinance,
plan development approval.
F. For minor and
major subdivisions in which a variance is requested (in accordance
with N.J.S.A. 40:55D-60) from lot area, lot dimension, setback and
yard requirements, provided that relief from lot area requirements
shall not be granted for more than one lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The approving authority, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements of this chapter as
may be reasonable and within the general purpose and intent of the
provisions of subdivision review, except where compliance is otherwise
required by law, if the literal enforcement of one or more provisions
of this chapter is impractical or will exact undue hardship because
of peculiar conditions pertaining to the land in question; provided,
however, that no substantial harm is occasioned to the public interest
and provided further that such exception is not designed to deprive
the parties in interest of the right to be heard.
[Added 5-8-2007 by Ord. No. 2007-1265; amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Schedule A as attached hereto and made a part hereof is hereby made part of Chapter
350, Article
III, Administrative Authority and Enforcement. (Schedule A can be viewed in the Land Use Administrator's office.) Changes and/or modifications reflected in the attached Schedule A shall supersede and replace the current regulations set forth in the said Chapter
350, Article
III, Administrative Authority and Enforcement.
The applicant shall deposit a sum equal to 4%
of the estimated cost of the improvements to cover engineering, investigation
and inspection of construction, together with a sum sufficient in
the opinion of the approving agency to cover legal and planning costs,
recording fees and all other costs in connection with the subdivision.
[Added 12-12-1995 by Ord. No. 95-1013]
A. An applicant
shall notify, in writing, the governing body with copies to the Treasurer
of the Borough, the approving authority and the professional whenever
the applicant disputes the charges made by a professional for services
rendered to the Borough in reviewing applications for development,
review and preparation of documents, inspection of improvements or
other charges made pursuant to the provisions of P.L. 1975, c. 291. The governing body, or its designee, shall within a reasonable
time period attempt to remediate any disputed charges. If the matter
is not resolved to the satisfaction of the applicant, the applicant
may appeal to the County Construction Board of Appeals any charge
to an escrow account or a deposit by the Borough professional or consultant
pursuant to the procedure set forth at P.L. 1995, c. 54.
B. During the pendency
of any appeal, the Borough or approving authority shall continue to
process, hear and decide the application for development and to inspect
the development in the normal course. Further, the Board or approving
authority shall not withhold, delay, or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Treasurer of the Borough may pay charges out of the appropriate
escrow account or deposit for which an appeal has been filed. If a
charge is disallowed after payment, the Treasurer shall reimburse
the deposit or escrow account in the amount of any such disallowed
charge or refund the amount to the applicant. If a charge is disallowed
after payment to a professional or consultant who is not an employee
of the municipality, the professional or consultant shall reimburse
the municipality in the amount of any such disallowed charge.
A public hearing shall be required for the following:
A. A preliminary
major subdivision.
B. For any subdivision
requiring conditional use approval.
C. For any subdivision
requiring site plan approval.
D. For any subdivision
requiring a variance of any type.
E. For any subdivision requiring planned development approval (provided such use is contemplated by Chapter
400, Zoning).
Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed map and documents.