[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 preliminary major 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; 10-1-1990 by Ord. No. 17-90; 5-2-1994 by Ord. No. 3-94; 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 subdivision plat shall be in conformance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). The preliminary plat shall contain all of the information required by the Application Checklist, Appendix A, Chapter 124.
A. 
Preliminary subdivision plat review.
(1) 
The applicant shall submit the preliminary subdivision application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following:
(a) 
Approving authority attorney.
(b) 
Borough Engineer.
(c) 
Planning consultant.
(d) 
Construction Official.
(e) 
Board of Health.
(f) 
Fire Department.
(g) 
Police Department.
(h) 
Borough Sewer Department.
(i) 
Other municipal, county or state officials and agencies as directed by the approving authority.
(j) 
Environmental Commission.
(k) 
Shade Tree Committee.
(2) 
Said persons and boards shall make recommendations to the approving authority, in writing, within 35 days of the application submission. The approving authority shall take said recommendation into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.
(3) 
If the preliminary plat is found to be incomplete, the applicant shall be notified by certified mail thereof within 45 days of the date of submission or it shall be deemed to be perfected as to content.
(4) 
Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a complete application for public hearing purposes.
B. 
Water supply and sewage disposal.
(1) 
When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. 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, with the preliminary plat.
(2) 
Any subdivision or part thereof which does not meet the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such situation shall first be approved by the appropriate local, county or state agency.
C. 
County Planning Board and other governmental agency approvals. Any subdivision application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Morris County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.
D. 
Fees. All applicable fees shall be paid prior to any action by the approving authority.
E. 
Public hearings. Upon submission of a complete application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 195-7 for public hearings.
F. 
Time limit.
(1) 
The approving authority shall grant, condition or deny preliminary subdivision approval within 45 days of a complete application or within such further time as may be consented to by the applicant for subdivisions of 10 or fewer lots or 95 days for subdivisions containing more than 10 lots.
(2) 
Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, 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.
[Amended 6-7-1999 by Ord. No. 15-99]
A. 
If the approving authority acts favorably on a preliminary plat, the applicant shall submit six copies of a correct map to the administrative officer. The Chairperson and Secretary shall affix their signatures to the plat with a notation that it has received preliminary approval, and one such plat shall be returned to the applicant for compliance with final approval requirements.
B. 
Except as provided herein, preliminary approval of a major subdivision shall confer the following rights for a three-year period from the date of approval to the applicant:
(1) 
That 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-street 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) 
That 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, as the case may be.
(3) 
That the applicant may apply for and the approving authority 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 shall govern beyond the three-year period.
C. 
In the case of a subdivision of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time longer than three years, as shall be determined by the approving authority 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 approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern beyond the three-year period.
D. 
Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.