§ 26-68. PRELIMINARY MAJOR SUBDIVISION AND SITE PLAN REVIEW PROCEDURES.

26-68.1 Submission Requirements.

a.

Submission Requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist in subsection 26-74.2.

b.

The Secretary of the Board shall forward copies of the application to the following for review and comment, where appropriate:

1.

Board Professional Staff;

2.

Construction Official;

3.

Tax Assessor;

4.

Borough Fire Department;

5.

Borough Police Department;

6.

Borough Sewer and Water Department;

c.

The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

(Ord. #637-99)

26-68.2 Review by Other Borough Agencies and Officials. The officials and agencies cited in subsection 26-68.1 above shall forward their comments and recommendations in writing to the Board within fourteen (14) days after the receipt of the application.

(Ord. #637-99)

26-68.3 Board Action.

a.

Subdivisions.

1.

Except for applications governed by the time limits in subsections 26-10.3.d. and/or 26-11.5 above, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of ten (10) or fewer lots within forty-five (45) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

2.

The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than ten (10) lots within ninety-five (95) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

3.

Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the Applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the County Register for purposes of filing subdivision plats.

b.

Site Plans.

1.

Except for applications governed by the time limits in subsections 26-10.3.d and/or 26-11.5 above, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, within forty-five (45) days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

2.

The Board shall approve, conditionally approve or deny the preliminary major site plan of more than ten (10) acres or more than ten (10) dwelling units within ninety-five (95) days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.

3.

Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.

(Ord. #637-99)

26-68.4 Effect of Preliminary Approval. Preliminary approval of a major subdivision or site plan, except as provided in paragraph d of this section, shall confer upon the applicant the following rights for a three (3) year period from the date on which the resolution granting preliminary approval is adopted.

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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related 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 subdivision plat or site plan, as the case may be.

c.

That the applicant may apply for and the Board may grant extension 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.

d.

In the case of a subdivision of or a site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a non-residential floor area of two hundred thousand (200,000) square feet or more, the appropriate 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 appropriate Board to be reasonable taking into consideration (1) the number of dwelling units and non-residential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) the number of dwelling units and non-residential floor area remaining to be developed, (c) economic conditions and (d) the comprehensiveness of the development.

e.

Whenever the Board grants an extension of preliminary approval pursuant to subsections c. or d. above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.

f.

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of the preliminary approval, or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to subsections c. or d. above.

(Ord. #637-99)

26-68.5 Simultaneous Preliminary and Final Site Plan Approval. Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two (2) approvals.

(Ord. #637-99)