CHAPTER 4 MINOR SUBDIVISION APPROVAL PROCEDURE
38:4-1. MINOR SUBDIVISION APPLICATION.

Application for the minor subdivision shall be made to the Secretary to the Central Planning Board and shall include the following requirements as part of a complete submission. Failure to provide any of the required information and payment of a fee shall constitute an incomplete submission and the application shall not be acted upon by the Board. The submission shall be made at least fifteen (15) days prior to the regularly scheduled meeting of the Board.

a. Subdivision application in quadruplicate on an appropriate form provided by the Secretary to the Central Planning Board.

b. Fifteen (15) copies of the subdivision map, the details of which shall conform to the requirements listed under Chapter 7 of this Title.



c. Fifteen (15) copies of the metes and bounds of the property showing before and after subdivision.

d. Two (2) copies of any protective covenants or deed restrictions applying to the land being subdivided.

(Ord. 6 S+FB, 2-17-82 § 4.1)

38:4-2. MINOR SUBDIVISION APPROVAL.

a. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Central Planning Board or within such further time as may be consented to by the applicant.

b. If the Central Planning Board Subdivision Committee is hereby empowered, as provided for in N.J.S. 40:55D-47, to waive the requirements for notice, hearings and review by the full Central Planning Board, and any other requirements except those provided for in Section 38:4-4.

c. Failure of the appropriate Board to act within the prescribed period shall constitute minor subdivision approval and a certificate of the Screening Officer as to the failure of the appropriate Board shall be issued on the 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 Essex County Recording Officer for purposes of filing subdivision plats.

d. Whenever review of approval of the application by the County Planning Board is required by N.J.S. 40:27-6.3, the Central Planning Board, shall condition its approval upon timely receipt of a favorable report on the application by the Essex County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period as indicated by State Law.

(Ord. 6 S+FB, 2-17-82 § 4.2)

38:4-3. EXPIRATION AND DISTRIBUTION OF APPROVED PLAT.

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of the Central Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S. 46:23-9.9 et seq.) or a deed clearly describing in the approved minor subdivision, is filed by the developer with the Essex County Recording Officer, the Director of the Department of Engineering and the Tax Assessor of the City of Newark, New Jersey.

Any such plat or deed must be signed by the Chairperson and the Secretary to the Central Planning Board, before it will be accepted for filing by the County Recording Officer. (Ord. 6 S+FB, 2-17-82 § 4.3)



38:4-4. REPORT ON MINOR SUBDIVISION.

A report of the action of the Central Planning Board Subdivision Committee, on each minor subdivision application shall be made at the next regular meeting of the Central Planning Board, following such action and shall be noted upon the minutes of the Board's meeting.

Any plat not classified as a minor subdivision by unanimous action of the Central Planning Board Subdivision Committee, shall be considered a major subdivision. A notation to that effect shall be made on the plat by the chairperson of the Central Planning Board Subdivision Committee. The plat shall be returned to the applicant by the Board Secretary with instructions from the Central Planning Board Subdivision Committee to comply with major subdivision procedures. (Ord. 6 S+FB, 2-17-82 § 4.4)

38:4-5. EFFECT OF MINOR SUBDIVISION APPROVAL.

Minor subdivision approval shall be deemed to be final approval of the subdivision by the Central Planning Board, provided that such approval may be conditioned upon meeting the provisions of Chapter 8 of this Title.

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 in this chapter. (Ord. 6 S+FB, 2-17-82 § 4.5)