[Amended 11-8-1984 by Ord. No. 1006]
An application for development shall be complete,
for purposes of commencing the applicable time period for action by
a municipal agency, when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period, unless the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant[1] and the municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the municipal agency or its authorized committee
shall grant or deny the request within 45 days.
[1]
Editor's Note: The Zoning Board of Adjustment
and Planning Board checklists are included at the end of this chapter.
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285,[1] in the case of a subdivision or Section 8 of P.L. 1968,
c. 285,[2] in the case of a site plan, the Municipal Planning 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.
In the event that development requires an approval
by a governmental agency other than the municipal agency, the municipal
agency shall condition its approval upon the subsequent approval of
such governmental agency.
[Amended 11-8-1984 by Ord. No. 1006]
A.
The Planning Board shall render its decision not later than 45 days from the filing of a complete application as defined in § 167-48 in the following matters:
B.
The Planning Board shall render its decision not later than 95 days from the filing of a complete application as defined in § 167-48 in the following matters:
(1)
An application for a conditional use.
(2)
Any subdivision or site plan that involves conditional
use approval.
(3)
Preliminary approval of a major subdivision involving
more than 10 lots.
(4)
Preliminary approval of a site plan which involves
more than 10 acres or more than 10 dwelling units.
(5)
Any subdivision plat, site plan or conditional use
that involves exercise by the Planning Board of its powers to grant
variances or direct the issuance of permits pursuant to N.J.S.A. 40:55D-60.
The Board of Adjustment shall render a decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or after the date of submission
of a complete application for development to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72. In the event that the developer elects
to submit separate consecutive applications, the aforesaid provisions
shall apply to the application for approval of the variance. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter.
The time within which any municipal agency is
required to act may be extended with the consent of the applicant.
If the Planning Board required any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon as in the case of
the original application for development. The Planning Board shall,
if the proposed development complies with this chapter, grant preliminary
subdivision or site plan approval, as the case may be.
Failure of the Planning Board or Board of Adjustment
to render its decision within the applicable time period set forth
shall constitute approval of the application, and, at the request
of the applicant, a certificate shall be issued by the Secretary of
the Board certifying that the Board has failed to act.
A.
Minor subdivisions. A minor subdivision approval shall
expire 190 days from the date of Planning Board approval unless, within
such period, a plat in conformity with the approval and the Map Filing
Law[1] or a deed clearly describing the approved subdivision
is filed by the developer with the Bergen County recording officer,
the Borough Engineer and the Borough Tax Assessor. Any such plat or
deed accepted for such filing shall have been signed by the Chairman
and Secretary of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Major subdivisions. Final approval of a major subdivision
shall expire 95 days from the date of the signing of the plat unless,
within such period, the plat shall have been duly filed by the developer
with the Bergen County recording officer. The Planning Board may,
for good cause shown, extend the period for recording for an additional
period not to exceed 190 days from the date of the signing of the
plat.
C.
Any variance granted by the Board of Adjustment permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire, unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by said variance or unless such permitted use
has actually commenced within two years from the date of determination
of the Board of Adjustment except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
a court of competent jurisdiction until determination in any manner
of such appeal or proceeding. The variance may be extended for an
additional year upon application to the Board of Adjustment with proper
and adequate notice. The applicant shall set forth the reasons for
the necessity of extension, but need not be obligated to reprove the
original variance request.
[Amended 5-15-2007 by Ord. No. 1493]
