a. Any owner of land within the town, prior to subdividing or resubdividing land, where such subdivision is desired to qualify as a minor subdivision, may submit an application for minor subdivision approval to the secretary of the planning board in accordance with the Land Use Procedures Chapter herein, accompanied by fees and deposits in appropriate amounts as specified in chapter 21.
b. If approved as a complete application for a minor subdivision by unanimous action of the subdivision committee, a notation to that effect shall be made on the minor subdivision map and the subdivision committee shall report its action at the next meeting of the planning board. The final minor subdivision plat shall be submitted by the subdivider to the Sussex county planning board for its consideration, simultaneously with its submission to the town planning board. If within 30 days after receiving such plat, the Sussex county planning board does not respond to the secretary of the town planning board, the plat shall be deemed to have been approved by the county planning board. Ten copies of a final minor sub, division plat shall then be forwarded by the applicant to the chairman and the secretary of the planning board for their signatures, and three signed copies shall be returned to the applicant within one week following the next regular meeting of the planning board. The plat shall also be signed by the town engineer which shall evidence compliance with all approved design and improvement standards. No further planning board approval shall be required.
c. The secretary of the planning board shall forward one copy to each of the following:
1. Town clerk.
2. Town engineer.
3. Building inspector or zoning officer.
4. Tax assessor.
5. Secretary of the planning board.
6. County planning board.
7. Secretary of the board of health.
d. Either a deed or plat shall be filed with the county recording officer in accordance with the provisions of the Land Use Procedures Chapter.
e. If a plat is not approved as a minor subdivision a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures of this chapter.
a. Prior to submission of an application for preliminary major subdivision approval, the developer may submit to the planning board a concept plan and such site data as may be available. The submission of a concept plan will not be considered as a formal application, but will serve as a basis for discussion so that the planning board may provide informal guidance to the developer in the preparation of his application for preliminary approval. Neither developer nor planning board shall be bound by the review of any concept plan; nor shall any fee or charge be made to the developer in connection with any such submission or review.
b. Any owner of land who desires major subdivision approval shall submit his application and maps and other required information in accordance with the requirements of this chapter and the Land Use Procedures Chapter, together with required fees. Application and plat shall be forwarded to the subdivision committee and town engineer for review. If the subdivision committee finds that the application for development is incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent signed by the owner consenting to the making of the application. The secretary of the planning board shall forward one copy thereof to the town clerk. The developer shall file three copies with the county planning board who shall have 30 days to review and respond. In the absence of a response within 30 days, the county planning board shall be deemed to have approved the plat.
c. The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provisions of the Land Use Procedures Chapter and R.S. 40:55D-12.
If the planning board requires any substantial amendment in the layout of improvements proposed by the developer that have already 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 including the giving of notice in accordance with the provisions of R.S. 40:55D-12.
d. Copies of the preliminary plat shall be forwarded by the secretary of the planning board prior to the hearing to the following persons:
1. Secretary of county planning board.
2. Town engineer.
3. Secretary of board of health.
4. Municipal planning consultant.
5. Such other municipal, county or state officials as directed by the planning board.
If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the planning board secretary to the secretary of the planning board of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision of the town is in reasonable harmony with its plans for development. The secretary of the planning board of the adjoining community should be informed of the date of the public hearing and any communications received prior to this date will be considered in relation to the approval or disapproval of the plat.
e. After the public hearing, the planning board shall take formal action either approving or disapproving the preliminary plat within the time required by R.S. 40:55D-48, viz. For a subdivision of ten or fewer lots the planning board shall grant or deny preliminary approval within 45 days of the date of the submission, and in the case of a subdivision of more than ten lots it shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise the planning board shall be deemed to have granted preliminary approval to the subdivision.
If the plat is disapproved, the reasons for disapproval shall be given to the subdivider.
f. Approval of any application shall be conditioned on certification by the Sussex county soil conservation district of a plan for soil erosion and sediment control, pursuant to the provisions of R.S. 4:24-39, et seq.
g. If the planning board acts favorably on a preliminary plat, the chairman of the planning board shall affix his signature to the plat with a notation that it has received tentative approval and returned to the subdivider for compliance with final approval requirements.
h. A copy of the action taken by the planning board shall be forwarded to the town clerk.
1. Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three year period from the date of such approval:
(a) 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-tract improvements; except that nothing herein shall be construed to prevent the town from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(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; and
(c) The applicant may apply for and the planning board 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.
(d) In the case of a subdivision for an area of 50 acres or more, the planning board may grant the rights referred to in paragraphs (a), (b) and (c) hereinabove for such period of time, longer than three years, as shall be determined by the planning board 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 planning board may thereafter grant, an extension of 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 under preliminary approval.
(2) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
(3) Economic conditions.
(4) The comprehensiveness of the development, provided that if the design standards have been revised such revised standards shall govern.
No final plat shall be finally approved by the planning board and council until the satisfactory completion of all improvements required under section 19-7 has been certified to the board by the town engineer, or unless the subdivision owner or owners shall likewise have satisfactorily completed:
a. All required utility installations and their appurtenances including water mains, gas, sanitary sewers, and drainage, all in accordance with the town's specifications and as may be required by the planning board and council. Completed grading and constructed surfacing of the "base course" of all streets, and the installation of all curbs and gutters where required by subsection 19-7.1d of this chapter, in accordance with town specifications and as required by the planning board, and filed with the town council a performance bond in the form required by the planning board and council sufficient in amount to cover 80 percent of the cost of all other improvements required by the planning board and council, together with either cash or a cashier's or certified check sufficient in amount to cover the remaining 20 percent of the cost of the improvements, all as estimated by the engineer, and assuring the proper installation of the improvements by or before an agreed date, which 20 percent shall be held in escrow by the treasurer and deposited or invested in the manner prescribed by law for municipal funds, the principal amount to be refunded to the subdivision owner or owners upon satisfactory completion of all improvements and for release of the applicable performance bond, or sooner, in the sole discretion of the planning board and town council.
a. The final plat shall be submitted to the clerk for forwarding to the planning board for final approval within the time specified in paragraph 19-5.2i of this chapter and in accordance with the provisions of the Land Use Procedures Chapter.
b. The original tracing, one translucent tracing cloth copy, two cloth prints and eight black and white prints, all of which shall be in one of the sizes provided for by R.S. 46:23-9.11, together with four copies of the application form for final approval, shall be submitted to the secretary of the planning board at least five days prior to the date of the regular planning board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the planning board.
c. The final plat shall be accompanied by a statement by the engineer that all required utility installations and their appurtenances including water mains, gas, sanitary sewers, and drainage have been satisfactorily installed and constructed, and that he is in receipt of a map showing all said utilities in exact location and elevation, and that:
1. The developer has completed grading and constructed surfacing of the base course of all streets in accordance with town specifications, and that performance guarantees as required by subsection 19-5.3 of this section have been posted and deposited with the town in a sufficient amount to insure the completion of all required improvements.
2. The amount of the bond and cash deposit shall be based upon the engineer's estimate of cost.
d. Unless the subdivider has filed a statement from the county planning board certifying compliance with all submission requirements of the board as to the subdivision in question, one copy of the application and two copies of every plan shall be forwarded to the county planning board for its review and/or approval prior to final approval by the planning board and council. If the county planning board has approval authority its action shall be noted on the plat. Should the county planning board fail to act within 30 days on any subdivision and fail to receive an approved extension of time, the secretary of the county planning board shall attest on the plat the failure of the county planning board to act within the required time period, indicating authorization for municipal approval and recording with the county recording officer.
e. Final approval shall be granted or denied within the time specified in the Land Use Procedures Chapter. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the secretary of the board as to the failure of the planning board to act shall be issued on request of the applicant. Such certificate 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 final subdivision plats.
f. An appeal from any final decision of the planning board may be taken to the town council pursuant to the provisions of subsection 18A-5.2 of this revision.
g. Upon final approval, copies of the final plat shall be filed by the planning board with the following:
1. Municipal clerk - one copy.
2. Municipal engineer - one copy.
4. Tax assessor - one copy.
5. County planning board - two copies.
6. Official issuing certificate for approved lots - one copy.
h. Within 95 days of final approval, the final plat shall be filed by the subdivider with the county recording officer in accordance with the provisions of R.S. 40:55D-54. For good and sufficient reasons the planning board may extend the time for filing for an additional period not to exceed 190 days from the date of the signing of the plat.
1. No plat shall be offered for filing to the county recording officer unless it has been duly approved by the planning board and signed by the chairman and secretary thereof.
All applications for development, whether for minor, preliminary or final approval, except submission of a concept plan, shall be reviewed by the committee or designee of the board for the purpose of determining the completeness of the application in accordance with the provisions and requirements of the Land Use Procedures Chapter, particularly subsection 18A-4.8.
