The purpose of this section is to establish the procedure for review and action on applications requiring subdivision, site plan, conditional use, or variance approval. The procedure is intended to provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development or construction, other than an "exempt development," site plan and/or subdivision approval shall be required prior to:
a. Subdivision of land.
b. Issuance of a development permit or building permit.
c. Commencement of any regulated use or activity, which includes:
1. The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;
3. The subdivision or resubdivision of any land;
4. Any activity which entails the construction of any improvements or the alteration of the natural condition of any land. (Ord. #1045, §4.1; Ord. #1075, §III)
a. At the request of the applicant, the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.
The purpose of the concept plan is to provide Planning Board or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.
b. Applicants seeking concept plan informal review shall submit the items stipulated in Section 22-12 of this Chapter twenty-four (24) days before the concept plan meeting. These items provide the developer and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
c. A brief written summary of the concept plan review shall be provided within twenty (20) working days after the final meeting.
d. The applicant will be charged the fee established for concept plan review. The amount of any fees for such informal review shall be a credit towards fees for review of the application for development.
e. The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review. (Ord. #1045, §4.2)
a. Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer or his designee to determine which approvals are required and the appropriate board for hearing same, or of filing an application and proceeding before the board which the applicant believes to be appropriate. The Administrative Officer or his designee's determination shall be presumed to be correct. The following applications may be filed:
1. Exempt subdivision
2. Minor subdivision
3. Major subdivision
4. Minor site plan
5. Major site plan
6. Conditional use
7. Variance
(Note: Certain applications may involve a combination of actions.)
The Board shall deny without prejudice a misfiled application and the applicant may apply to the correct approving authority.
b. Content. An application for development shall include the items specified in Section 22-12, Specification of Documents, of this Chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.
1. A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Section 22-12, (2) the checklist has been provided in writing to the applicant, and (3) the Planning Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (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 board or its authorized committee shall grant or deny the request within forty-five (45) days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the Chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Planning Board.
2. An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the board which has jurisdiction to hear the application. The board shall have forty-five (45) days after receipt of a written request to schedule a public hearing at which time the board will determine if the application is complete. The board shall affirm, modify, or reverse the decision of the Administrative Officer. (Ord. #1045, §4.3)
a. In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.c. or d. or for the direction of issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70.a. or on an interpretation pursuant to N.J.S.A. 40:55D-70.b. the applicant shall submit to the Administrative Officer twelve (12) copies of the items required in Section 22-12 of this Chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b. The application shall be declared complete or incomplete within a forty-five (45) day period from the date of its submission according to the provision of subsection 22-4.3c of this Chapter.
c. The Board of Adjustment shall render a decision not later than one hundred twenty (120) days after the date (1) an appeal is taken from the decision of an administrative office or (2) the submission of a complete application for development to the Board of Adjustment (3) failure of the Board to render a decision within one hundred twenty (120) day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. (Ord. #1045, §4.4)
a. Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this Chapter shall submit to the Administrative Officer fifteen (15) copies of the items required in Section 22-12 of this Chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b. The application shall be declared complete or incomplete within a forty-five (45) day period from the date of its submission according to the provisions of sub-section 22-4.3c of this Chapter.
c. If the subdivision or site plan is unanimously approved with at least three (3) members of the Subdivision and Site Plan Committee present and voting (only those who are members or alternates of the Board having jurisdiction to act, may vote), no further action shall be required of the Planning Board as a whole. If the vote is not unanimous, or if such committee has not been established, the minor subdivision or site plan shall be referred to the Planning Board. If a variance within the jurisdiction of the Planning Board is requested, the subdivision or site plan shall not be referred to the Committee but instead to the Planning Board as a whole.
d. The action of the Subdivision and Site Plan Committee or the Planning Board under this section must be taken within forty-five (45) days, or one hundred twenty (120) days if a variance is required of N.J.S.A. or within such further time as is agreed to by the subdivider and the Board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the Administrative Officer as to the failure of the Planning Board or Committee 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 officer for purposes of filing subdivision plats.
e. 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, 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 as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Planning Board.
f. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision and site plan approval. (Ord. #1045, §4.5; Ord. #1063, §V)
a. Preliminary Approval of Major Subdivisions and Major Site Plans.
1. The applicant seeking preliminary major sub-division or preliminary major site plan approval shall submit to the Administrative Officer fifteen (15) copies of the materials stipulated in Section 22-12 of this Chapter.
2. The application shall be declared complete within a forty-five (45) day period from the date of its submission according to the provisions of sub-section 22-4.3c of this Chapter.
3. The Subdivision and Site Plan Committee, if established, shall review the application and shall comment and make recommendations to the Board.
4. A complete application for a subdivision of ten (10) or fewer lots, or for a site plan of ten (10) acres of land or less or ten (10) dwelling units or less, shall be acted upon within forty-five (45) days of the date of such submission, or one hundred twenty (120) days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than ten (10) lots, or a site plan that involves more than ten (10) acres of land or more than ten (10) dwelling units, shall be acted upon within ninety-five (95) days of the date of such submissions, or one hundred twenty (120) days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Board shall be deemed to have granted preliminary subdivision or site plan approval.
b. Effect of Preliminary Approval of Major Subdivisions and Major Site Plans. Preliminary approval of a major subdivision and site plan shall, except as provided in paragraph d. of this subsection, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related 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 or site plan, as the case may be; and
3. That the applicant may apply for and Planning Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern.
4. In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the board may grant the rights referred to in paragraphs a., b., and c. above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable, taking into consideration (1) the number of dwelling units and no residential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the develop-ent. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern.
5. Where a developer plans to install the site improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements and the required fees and insurance certificate to the Municipal Engineer, who shall act upon them within thirty-five (35) days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within twenty (20) days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for one hundred twenty (120%) percent of the maximum cost of restoring the site in the event that the improvements are not complete within two (2) years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 22-10.
c. Final Approval of Major Subdivisions and Major Site Plans.
1. An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer of the Planning Board, or other designee, fifteen (15) copies of the materials specified in Section 22-12 of this Chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to as-sure completion of those improvements not yet in-stalled as stipulated in Section 22-10 of this Chapter.
2. The application for final subdivision or site plan approval shall be declared complete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 22-4.6c,3. of this Chapter.
3. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Planning 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 officer for purpose of filing subdivision plats.
4. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat by the chairman and secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning 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.
5. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the chairman and secretary of the Planning Board of a certificate has been issued. The signatures of the chair-man and secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Section 22-10 of this Chapter.
d. Effect of Final Approval of Major Subdivisions and Major Site Plans.
1. The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval 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 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, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three (3) extensions.
2. In the case of a subdivision or site plan for a Planned Development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a non-residential floor area of two hundred thousand (200,000) square feet or more, the Planning Board may grant the rights referred to in paragraph a. of this section for such period of time, longer than two (2) years, as shall be deter-mined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for thereafter, the Planning Board may thereafter grant, and extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units conditions, and (3) the comprehensiveness of the development. (Ord. #1045, §4.6)
a. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance of direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this Chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning 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 Officer for purposes of filing subdivision plats.
b. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.
c. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning.
d. Whenever review or approval of the application by the County Planning Board is required by section 5 of P.L. 1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c.285 (C.40:27-6.6), in the case of a site plan, the Borough 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. (Ord. #1045, §4.7)
An applicant may claim approval of his application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:
a. The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
b. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
c. The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.
Upon satisfaction of these requirements by the applicant, the Administrative Officer shall issue a certificate of default approval 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 Officer for purposes of filing subdivision plats. (Ord. #1045, §4.8)
