A. Minor site plans, applications and required attachments shall be submitted where the applicant proposes a site plan that meets the definitional requirements of a minor site plan.
B. The applicant shall submit to the Board Secretary the following items:
(1) Twelve copies of the proposed minor site plan prepared in accordance with § 175-69, Minor site plan, of this chapter.
(2) Three copies of the completed town and county application forms.
(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 reasonably necessary to make an informed decision whether the requirements necessary for preliminary site plan approval 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 each to the Site Plan Review Advisory Board and 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, with a copy to the Site Plan Review Advisory Board.
G. Upon receipt of the Board Engineer's report and within the applicable time period, the Board shall first determine that a complete application has been submitted. If the application is found to be incomplete, the Board shall deem it incomplete and, through the Board Secretary, return the application to the applicant to correct the deficiencies.
H. 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. If the application is found to conform to the definition of "minor site plan" and is complete, the Board shall proceed to waive notice and public hearing.
J. From the date of determination by the Board of submission of a complete application, the Planning Board or Zoning Board of Adjustment shall have 45 days to grant or deny minor site plan approval or within such further time as may be consented to by the applicant.
K. Notice of any hearing, public meeting or other formal proceeding at which the Board will consider an application for development 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]
L. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a concept plat of the entire remaining portion of the tract to ensure that the applied for development, together with any subsequent development that may be submitted, will not create, impose or aggravate or lead to any such adverse effect.
M. 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 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.)
N. Minor site plan 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 § 175-60 of this article have been satisfied.
O. 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, 55D-39, 55D-41 and 55D-53.)
P. 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.
Q. 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.
R. Notwithstanding the provisions of this section, 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.
S. Upon the granting of site plan 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.
T. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.
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