§ 165-46. General provisions.

Preliminary plats are required for all major site plans and major subdivisions,

A. 

Filing procedure.

(1) 

The developer shall complete all portions of the application form and, along with one copy of a plan, file with the Zoning Officer no later than 25 days prior to the date set for the hearing. This initial application will be reviewed for completeness and returned with notations and/or suggestions for the applicant to prepare the final application. Within 15 days of the scheduled meeting the following material must be submitted to the Zoning Officer: 16 copies of the application, all plot plans, maps and other papers required by virtue of any provisions of this chapter, as well as the applicable fee and certification by the Tax Collector that all taxes are paid to date.

(2) 

A corporation or partnership applying for permission to subdivide a parcel of land into six or more lots, or for a variance to construct a multiple dwelling of 25 or more family units, or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or a 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or a 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this subsection have been listed. No Planning Board or municipal governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.1.

(3) 

At the Board's discretion, the applicant may be required to include a complete environmental impact statement (§ 165-71). The applicant may request a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 15 days prior to the date the approving authority is required to act.

B. 

Action by approving authority.

(1) 

The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 165-11.

(2) 

Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given.

(3) 

Upon submission of a plat, the Zoning Officer shall submit one copy of the plat and supporting data to the County Planning Board, Municipal Engineer, Environmental Commission, Board of Health and any other agency or person as directed by the approving authority for review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report within 30 days, the plat shall be deemed to have been approved by it. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the approving authority is required to act.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) 

The approving authority shall grant or deny preliminary subdivision approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision.

(a) 

A subdivision of 10 or fewer lots: within 45 days of the date of a complete submission.

(b) 

A subdivision with more than 10 lots: within 95 days of the date of a complete submission.

(5) 

The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.

(a) 

A site plan which involves 10 dwelling units or less: within 45 days of the date of a complete submission.

(b) 

A site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date of a complete submission.

(6) 

If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had 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 approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.

(7) 

The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§ 165-71). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 165-26. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.

(8) 

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise, the approval shall be void. (See § 165-11.)

(a) 

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 size; yard dimensions; off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

(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 plat.

(c) 

That the applicant may apply for, and the approving authority 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.

(9) 

In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval; economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.