A. Minor subdivision plats, plans, applications and required attachments shall be submitted where the applicant proposes a subdivision that meets the definitional requirements of a minor subdivision.
B. The applicant shall submit to the Board Secretary the following items:
(1) Twelve copies of the proposed minor subdivision prepared in accordance with § 175-66 of Article IX, Plat Detail and Data, of this chapter.
(2) Three completed copies of both the town and county applications.
(3) Four copies of any protective covenants or deed restrictions applying or to be applied to the subject land.
(5) A certificate of filing issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.33 through 4.35 and § 175-60 of this chapter.
[Amended 4-10-1989 by Ord. No. 7-1989]
(6) A certification by the Tax Collector's office that no taxes or assessments for local improvements are due or delinquent on the subject property.
(7) If applicable, certification of corporation or partnership involvement as per § 175-42B of this chapter.
(8) Any additional documents as may be requested on the applicable application form as are reasonably necessary to make an informed decision whether the requirements for approval of an application for development have been met.
C. The Board Secretary shall, immediately upon receipt, note the date of receipt, mark the documents "filed" and assign a file number. Once a file number has been assigned, such number must be placed by the applicant on all papers, maps, plats and other documents submitted.
D. The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and one copy of both the plans and application form to the County Planning Board.
E. The Board Engineer shall review all aspects of the application for development, including a review as to completeness of the application.
F. The Board Engineer shall expeditiously report his findings, in writing, to the Board.
G. Upon receipt of the Board Engineer's report and within the applicable time period, the Board shall first determine whether a complete application has been submitted. If the application is found to be incomplete, the Board may deem it incomplete and return it to the applicant to correct the deficiencies. After the deeming of an application incomplete, the applicant may correct the deficiencies and resubmit all required items.
H. If the application is found to conform to the definition of a minor subdivision and is complete, the Board shall formally determine that a complete application has been submitted and shall also waive the requirements for public notice and hearing. Upon a determination of completeness of an application for development, notice shall be given by the Board to the Pinelands Commission in accordance with § 175-60D(1).
[Amended 4-10-1989 by Ord. No. 7-1989]
I. The Board shall determine the completeness of an application and, if said application is determined to be complete, grant or deny the application within 45 days of the date of submission of the application to the Board Secretary. However, upon finding the application to be incomplete, all time periods will be tolled and no further action may be taken until a resubmission.
J. Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for minor subdivision shall be given by the Board to the Pinelands Commission, in writing, not less than five days prior to such meeting, hearing or proceeding; said notice shall be in accordance with § 175-60D(2).
[Amended 4-10-1989 by Ord. No. 7-1989]
K. Where the remaining portion of the original tract is of sufficient size to be subdivided further, the applicant may be required to submit a concept plat of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision, together with subsequent subdivision(s), may be submitted that will not create, impose or aggravate or lead to any such adverse effect.
L. Action on applications; conditions.
(1) The Board shall act upon the application upon being satisfied that it has sufficiently reviewed the application, that its professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request to the Board and that the interests of other interested persons have been considered. In all cases, however, an application for minor subdivision approval shall be granted or denied, by resolution of the Board, within 45 days of the date of determination that a complete application was submitted to the Board or within such further time as may be consented to by the applicant. The decision and resolution of the Board shall be in writing. Said decision and resolution shall be in accordance with §§ 175-40 and 175-41 of this chapter. (See N.J.S.A. 40:55D-10g through 55D-10i.)
(2) Minor subdivision approval shall be deemed to be a final approval by the Board, except that such final approval shall not take effect until the requirements of § 175-43 have been satisfied.
(3) The Board may condition final approval on terms ensuring the provision of improvements and performance in accordance with Articles X, XII and XIII of this chapter. (See N.J.S.A. 40:55D-38 to 40:55D-40 and N.J.S.A. 40:55D-53.)
(4) Whenever review or approval of the application by the Atlantic County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Atlantic County Planning Board or approval by the Atlantic County Planning Board by its failure to report thereon within the required time period.
(5) Failure of the Board to act within the period prescribed shall constitute 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. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval as herein required and shall be accepted by the Atlantic County Clerk for purposes of filing subdivision plats.
M. Where any approval results from the failure of the Board to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the approval and/or certificate shall not become effective until the requirements of § 175-60 of this article have been satisfied.
N. The approval of a minor subdivision shall expire 190 days from the date of Board approval, unless within such period a plat in conformity with such approval and 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 Atlantic County Clerk, the Board Engineer and the Town Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving board. In reviewing the application for development for a proposed minor subdivision, the Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said act.
O. Upon the granting of subdivision approval by the Board, copies of the approved documents shall be sent to the:
(1) Applicant.
(2) Planning Board file.
(3) Board Engineer.
(4) Construction Code Official.
(5) Town Clerk.
(6) Tax Assessor.
(7) County Board of Health.
(8) Pinelands Commission.
P. 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, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
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