| |||||||
26-3.1 Jurisdiction of Approving Authorities.
| |||||||
a Planning Board as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Planning Board shall act as the approving authority for subdivision plats as a condition for filing such plats with the County recording officer, either individually or as a part of a simultaneous application, as follows: | |||||||
1. For minor subdivisions.
| |||||||
2. For preliminary and final major subdivisions.
| |||||||
3. For minor and major subdivisions which also require conditional use approval.
| |||||||
4. For minor and major subdivisions which also require site plan approval.
| |||||||
5. For minor and major subdivisions which also require planned development approval.
| |||||||
6. For minor and major subdivisions in which a variance request, in accordance with N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements is sought, provided that relief from lot area requirements shall not be granted for more than one (1) lot.
| |||||||
b. Board of Adjustment as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as the approving authority for subdivision plats as a condition for filing such plats with the County recording officer as follows:
| |||||||
1. Where a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which a subdivision is a part of the application.
| |||||||
c. Planning Board and Board of Adjustment Acting as Approving Authorities. In the case of a variance request, pursuant to N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements, where the relief sought from lot area requirements exceeds one (1) lot, the applicant shall proceed initially with the Board of Adjustment as to the lot area variance only, and, if approved by the Board of Adjustment, the applicant shall then proceed with the balance of the variances requested before the Planning Board.
| |||||||
d. Exception in Application of Subdivision Regulations. 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 for subdivision review if the literal enforcement of one (1) or more provisions of the Chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
| |||||||
e. Simultaneous Review and Approval. The approving authority shall have the power to review and approve one (1) or more Land Use Ordinance requirements simultaneously with review for subdivision approval without the applicant being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include reference to the request for such conditional use or use variance.
| |||||||
f. If the approving authority reviews an application for minor or major subdivision approval for a development which also requires a soil movement permit pursuant to Chapter XX of the Township Code, then the developer, at the time of the filing of the application for subdivision approval, shall also submit (in duplicate) a completed soil removal application form. This completed form is for informational purposes only and shall not be considered as an application for a soil removal permit as required by Chapter XX of the Township Code. The approving authority may grant final subdivision approval subject to certain restrictions on soil removal included in any soil removal permit obtained by the developer for the subject property pursuant to Chapter XX of the Township Code. (Ord. #594; Ord. #726; 1976 Code § 154-5)
| |||||||