A. The reviewing board shall waive notice and public hearing for an application for development if the Subdivision Committee of the Planning Board appointed by the Chairman finds that the application for development conforms to the definition of minor subdivision set forth in this chapter.

B. A complete application for approval of a minor subdivision shall consist of the following:

(1) A properly completed subdivision application form.

(2) The required fee.

(3) A key map of the subdivision showing zone district in which the property being subdivided is located, and existing streets within two (200) hundred feet of the property and all curbs, sidewalks, storm drains and sanitary sewers immediately adjacent to the site along the property lines;

(4) Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses.

**Webmasters Note: The previous subsection, B., has been amended as per Ordinance No. 2009-11.

C. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the reviewing board as to the failure of the reviewing 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.

D. 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, 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 reviewing board. In reviewing the application for development for a proposed minor subdivision, the reviewing board may accept a plat not in conformity with the Map Filing Act, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act.

E. 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 as provided herein.

A. 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 approving authority 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 the signing of the plat.

B. Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the chairman and Secretary of the approving authority or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to §174-11 of this chapter.

A. If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which borough approval is required by this chapter, such person shall be subject to a penalty not to exceed five hundred dollars ($500.) or imprisonment for ninety (90) days, or both, and each lot disposition so made may be deemed a separate violation.

B. In addition to the foregoing, the borough may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with §174-15 of this chapter.

A. The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three (3) years preceding August 1, 1976, may apply in writing to the Borough Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the reviewing board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.

B. The Borough Clerk shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

C. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

(1) That there exists in the Borough of Kenilworth a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law, P.L. 1975, c. 291.

(2) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

D. The Borough Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 5-15. The fees so collected by the Borough Clerk shall be paid by her or him to the borough.

A. These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Kenilworth.

B. Any action taken by the governing body and the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that because of peculiar conditions pertaining to his land the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship. the Planning Board and governing body may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

A. All ordinances or parts of ordinances other than the Zoning Ordinance, and any amendments thereof or supplements thereto, of the Borough of Kenilworth which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.

B. Ordinance No. 54-21 and all amendments thereto are hereby repealed, except that any application for approval heretofore filed and pending before either the Planning Board or the Zoning Board of Adjustment shall be reviewed and determined according to the provisions of said ordinance.