CHAPTER 5 PRELIMINARY MAJOR SUBDIVISION APPROVAL PROCEDURE
38:5-1. MAJOR SUBDIVISION APPLICATION.

Application for the Major 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 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 triplicate on an appropriate form provided by the Central Planning Board.

b. Fifteen (15) copies of the subdivision maps and one (1) original cloth tracing 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 protective covenants or deed restrictions applying to the land being subdivided.

e. Two (2) copies of owner's affidavit.

f. Two (2) copies of affidavit indicating owners within two hundred (200) feet of the property.

g. A public hearing shall be required for all major subdivisions. Such hearing shall be held in accordance with the procedure of N.J.S. 40:55D-10 by the Central Planning Board and shall conform to the requirements of this Title, Chapter 1, Section 38:1-6.

(Ord. 6 S+FB, 2-17-82 § 5.2)

38:5-2. DISTRIBUTION OF THE PRELIMINARY PLAT.

Upon submission of the application and the preliminary plat, copies shall be forwarded within five (5) days after certification for public hearing, by the Secretary to the Central Planning Board to the following persons:

a. Director, Department of Engineering

b. Essex County Planning Board

c. City Planning Officer

(Ord. 6 S+FB, 2-17-82 § 5.2)

38:5-3. APPROVAL OF PRELIMINARY PLAT.

a. Upon the submission to the Secretary of a complete application for a subdivision of ten (10) or fewer lots, the Central Planning 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 Central Planning 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 Central Planning Board shall be deemed to have granted preliminary approval to the subdivision.

b. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Secretary to the Central Planning Board for the determination of completeness within forty-five (45) days of submission of such application or it shall be deemed properly submitted.

If the Central Planning Board acts favorably on a preliminary plat, the Chairperson of the Central Planning Board shall sign his/her name to the plat with a notation that it has received tentative approval. The Central Planning Board shall then return the plat to the developer.

(Ord. 6 S+FB, 2-17-82 § 5.3)

38:5-4. DISAPPROVAL OF PRELIMINARY PLAT.

a. If the Central Planning Board disapproves of a plat, the reasons shall be stated in writing, a copy of which shall be attached to the application and returned to the applicant within the time pursuant to Section 38:5-3 of this chapter.

b. If the Central Planning Board required 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 Central Planning Board shall, if the proposed subdivision complies with this Title XXXVIII and this Act, grant preliminary approval to the subdivision.

(Ord. 6 S+FB, 2-17-82 § 5.4)

38:5-5. MAILING OF THE DECISION.

A copy of the decision shall be mailed by the appropriate board within ten (10) days of the date of the decision to the applicant, or if represented, then to his/her attorney without separate charge and to all who request a copy of the decision at the fee of one ($1.00) dollar. A copy of the decision shall also be filed in the office of the Central Planning Board. The Secretary to the Central Planning Board shall make a copy of such filed decision available for public inspection at the office of the Central Planning Board from 8:30 am. until 4:30 p.m. (Ord. 6 S+FB, 2-17-82 § 5.5)

38:5-6. EFFECT OF PRELIMINARY APPROVAL.

Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of approval:

a. That the general terms and conditions under which the preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for street curbs and sidewalks; lot size, yard dimensions and off-tract improvements.

b. 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.

c. That the applicant may apply for, and the Central Planning 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.

In the case of a subdivision for an area of fifty (50) acres or more, the Central Planning 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 Central Planning Board pursuant to N.J.S. 40:55D-49d.

(Ord. 6 S+FB, 2-17-82 § 5.6)