[Amended 8-7-1989 by Ord. No. 17-89; 6-7-1999 by Ord. No. 15-99]
An application shall be submitted to the administrative officer, in writing and with 22 copies, on forms supplied by the approving authority. Receipt of an application for minor subdivision approval shall be filed no less than 35 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.
[Amended 8-7-1989 by Ord. No. 17-89; 6-15-1998 by Ord. No.
15-98; 3-21-2005 by Ord. No. 2-05]
The application shall be accompanied by five copies of the proposed subdivision. After determination of completeness by the Technical Review Committee, an additional 15 or 20 copies, as determined by the Administrative Officer, shall be presented. The minor subdivision plat shall contain all of the information required by the Application Checklist, Appendix A, Chapter 124.
[Amended 10-1-1990 by Ord. No. 17-90]
A.
When a public sewage disposal system is not available,
the developer shall have percolation tests made and submit the results,
approved by the Borough Board of Health. No application shall be deemed
complete unless accompanied by one or more of the following, as appropriate:
(1)
Where connection to the Borough sanitary sewer system or any change in plumbing facilities feeding an existing connection is proposed, a formally adopted resolution of the Borough Council approving the application in accordance with Chapter 168, Sewers, Article IV, Limitations on Sewer Connections.
[Amended 5-2-1994 by Ord. No. 3-94]
(2)
Where sewage disposal by means of an individual sanitary
sewage disposal system is proposed, certification by the Borough Board
of Health that such system can be constructed on site in full compliance
with all state and local regulations [including but not limited to
the New Jersey Department of Environmental Protection requirement
that the administrative authority shall not approve the construction
or alteration of individual disposal systems where a sanitary sewer
line is available within 100 feet of the property to be served, N.J.A.C.
7:9A-1.6(e)].
B.
The foregoing documents are required as part of a
complete application only and are not intended nor shall they be considered
as substitution for any or all approvals required by state or local
enforcement agencies before beginning construction or use of improvements.
A.
The approving authority shall grant or deny approval
within 45 days of submission of a complete application or within such
time as may be consented to, in writing, by the applicant.
B.
Failure of the approving authority to act within the
time period shall entitle an applicant to claim approval of his or
her application for development by compliance with the terms of N.J.S.A.
40:55D-10.4. A certificate by the administrative officer as to the
failure of the approving authority shall be issued on request of the
applicant, whose signature shall be sufficient in lieu of the Chairperson
and Secretary of the approving authority, and shall be so accepted
by the county recording officer for the purposes of filing subdivision
plats.
[Amended 6-7-1999 by Ord. No. 15-99]
A.
Minor subdivision approval shall be deemed to be final approval of the subdivision subject to § 195-16.
B.
Approval of a minor subdivision shall expire 190 days
from the date of approval by the approving authority, unless within
such period a plat in conformance with the Map Filing Act, 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 Borough Engineer and the Borough Tax
Assessor. In addition, copies shall be submitted to the Borough Clerk,
the Construction Official, the administrative officer and the Borough
Sewer Department.
C.
Any such plat or deed accepted for such filing shall
have been signed by the Chairperson and Secretary of the approving
authority.
The zoning requirements and general terms and
conditions, whether conditional or otherwise, shall not be changed
or abridged 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.
Before recording a minor subdivision plat or deed in lieu thereof, the approving authority may require the installation and maintenance of on- and off-tract improvements. Said improvements may require the furnishing of performance and maintenance guaranties in accordance with Articles XII and XIII herein.
