§ 165-47. Submission of final plat for minor and major developments.

A. 

Filing procedure.

(1) 

Prior to the expiration of preliminary plat approval, the developer shall file with the Zoning Officer, at least 15 days prior to the meeting of the approving authority, two translucent tracing cloth or Mylar copies; nine black-on-white paper prints of the plat; two completed copies of the application form and final plat checklist; the performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guarantees; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975 (N.J.S.A. 4:24-39 et seq.); and if common open space lot or lots are included in the application, a separate map showing the individual lot or lots that are to be designated as common open space, which map shall have shown thereon the data listed on the Application Checklist in Appendix A.

(2) 

Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provide gas, telephone and electric that have jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.

(3) 

The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:

(a) 

Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval, with a maintenance guaranty accompanying the final plat (§ 165-40); or

(b) 

Posted a performance guaranty that has been approved by the governing body.

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 within 45 days of submission. (See § 165-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.

(2) 

Final approval shall be granted or denied within 45 days after submission of a complete application to the Zoning Officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the Zoning Officer as to the failure of the approving authority 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 subdivision plats.

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

(3) 

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit a report within the required time period.

(4) 

Final approval of a minor subdivision shall expire 190 days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Borough Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.

(5) 

Final approval of a major subdivision shall expire 95 days from the date of 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 190 days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guarantees. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

(6) 

Provided that the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.

(7) 

Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, 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 years after the date of minor subdivision approval.

(8) 

In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two 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 final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time 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 final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions and the comprehensiveness of the development.

(9) 

The developer shall supply sufficient copies of the approved final plat so the Zoning Officer can distribute one copy to each of the following: Borough Clerk, Construction Official, Tax Assessor, County Planning Board, Borough Planning Board and any other agency or person directed by the approving authority, and shall supply one translucent cloth or Mylar copy to the Municipal Engineer.

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