ARTICLE II Procedures
§ 214-5. Applicability.

The procedures set down in this Article apply to applications to the Planning Board and to the Board of Adjustment (the "Board") when acting on a variance pursuant to N.J.S.A. 40:55D-70d.

§ 214-6. Minor subdivisions.

A. Waiver of notice and hearing. The Board may waive notice and public hearing of an application for development if the Board, or Subdivision Committee in the case of the Planning Board, finds that the application conforms to the definition of "minor subdivision" contained in this chapter.

B. Approval.

(1) Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53.

(2) Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the board to act within the period prescribed shall constitute minor subdivision approval; and a certificate of the administrative officer as to the failure of the board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording office for purposes of filing subdivision plats.

(3) Whenever review or approval of the application by the County Planning Board is required by Section 5 of P .L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the municipal 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.

(4) Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, 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 Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. In reviewing the application for development for a proposed minor subdivision, the Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

(5) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.

§ 214-7. Major subdivisions.

A. Notice and hearing.

For all major subdivisions, the Board shall hold a public hearing with public notice given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality, and a notice of the hearing shall be given to the owners of all real property, as shown on the current tax duplicate, located within two hundred (200) feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12 and following the procedures set forth in N.J.S.A. 40:55D-12 and this section of this Article.

B. Improvements.

As a condition of subdivision approval, the approving Board may require the installation and maintenance of on-tract improvements, and the regulations may require a developer to pay his pro rata share of the cost of offtract improvements in accordance with N.J.S.A. 40:55D-42.

C. Preliminary approval.

(1) An ordinance requiring subdivision approval by the Board shall require that the developer submit to the administrative officer a plat and such other information . as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.

(2) If the Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Board shall, if the proposed subdivision complies with the ordinances and this Act, grant preliminary approval to the subdivision.

(3) Upon the submission to the administrative officer of a complete application for a subdivision of ten (10) or fewer lots, the Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than ten (10) lots, the Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Board shall be deemed to have granted preliminary approval to the subdivision.

(4) Whenever the Planning Board is acting on a preliminary plat involving a variance under its ancillary powers (N.J.S.A. 40:55D-70C et seq.), the Planning Board shall grant or deny approval within one hundred twenty (120) days after submission of a complete application.

(5) Whenever review or approval by the County Planning Board is required, the Board shall condition any approval upon a timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

D. Final approval.

(1) Before consideration of a final subdivision plat, the Board shall require the posting of adequate performance guaranties to assure the installation of the improvements required by the Board, or the subdivider shall have installed the improvements. The Board shall also require the posting of adequate maintenance guaranties.

(2) The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, R L. 1960, c.141 (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

(3) Final approval of a major subdivision shall expire ninety-five (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 county recording officer. The Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

§ 214-8. Effect of preliminary approval.

Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

A. The general terms and conditions upon which the 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-tract improvements.

B. 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.

C. The applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

D. In the case of a subdivision of an area of fifty (50) acres or more, the Board may grant the rights referred to in Subsections A, B and C above for such period of time longer than three (3) years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissable under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissable under preliminary approval and 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 may govern.

§ 214-9. Effect of final approval.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

B. In the case of a subdivision for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, the Board may grant the rights referred to in Subsection A of this section for such period of time longer than two (2) years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissable under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissable under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 214-10. Signing of plats.

Approved plats for minor subdivisions, preliminary major subdivisions and final major subdivisions shall be signed by the Board Chairman and Secretary.

§ 214-11. Distribution of signed plats.

Before the Township Clerk returns to the subdivider any approved plat for a minor, preliminary major or final subdivision, the Clerk shall require the subdivider to supply sufficient copies for distribution to each of the following:

A. The Township Clerk.

B. The Secretary of the Planning Board or Board of Adjustment.

C. The Construction Official.

D. The Township Engineer.

E. The Tax Assessor.

§ 214-12. Exceptions.

The Planning Board or Board of Adjustment, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general 'purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this Article, if the literal enforcement of one (1) or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.