(A) The applicant must comply with § 156.010 of this chapter regarding requirements for notice of a public hearing.
(B) The reviewing board shall take action on minor subdivisions, minor site plan and/or site plan waiver applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the prescribed time period shall constitute approval of the application.
(C) Minor subdivisions, minor site plans and/or site plan waivers do not require preliminary approval and may be voted upon for final action by the reviewing board. The reviewing board may condition approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state or federal law.
(D) When a minor subdivision, minor site plan or site plan waiver is approved by the Board, at least ten prints of the plat, plan or deed descriptions shall be submitted to the Board by the applicant to be signed by the Chairman and Secretary of the Board. If the minor subdivision, minor site plan or site plan waiver application is denied by the Board, the Secretary of the Board shall notify the applicant of such denial and forward the applicant a copy of the resolution adopted in accordance with this chapter, setting forth the reasons for the denial.
(E) Effect of minor subdivision approval.
(1) The approval of a minor subdivision shall expire 190 days from the date of approval unless within such period a plat conforming to all conditions of approval is filed 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 applicant with the County Recording Officer, the Township Engineer, and the Township Tax Assessor as required by N.J.S.A. 40:55D-1
et seq.
(2) 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 the approved minor subdivision shall have been duly recorded as provided in this subsection.
(3) If the applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board either:
(a) Shall grant an extension of the approval period not to exceed one year. The applicant shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the applicant receives the last legally required approval from the other governmental entities, whichever occurs later; or
(b) May extend the 190 day period for filing a minor subdivision plat or deed pursuant to subsection § 156.019(C) above. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(F) Effect of minor site plan approval. 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. If the applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that he or she applied promptly for and diligently pursued the approvals, the Board shall grant an extension of the approval period not to exceed one year. An applicant shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the date on which the applicant receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
(Ord. 945-99, passed 9-13-99)