Allenhurst City Zoning Code
§ 26-6.5
Submission of Preliminary Plat for Major Subdivision and Site Plan Approval.
[Ord. 6/26/79 § 605]
A preliminary plat is required of all subdivisions classified as major subdivisions at the sketch plat stage and of all development proposals requiring site plan review.
a.
Procedure for Submission Preliminary Plat.
1.
A preliminary plat shall be submitted to the Administrative Officer at least three (3) weeks prior to the regular meeting of the Planning Board. It shall be submitted in at least eight (8) copies and shall be accompanied by three (3) copies of the application forms for preliminary approval, three (3) copies of any protective covenants or deed restrictions applying to the land being subdivided and the application fee.
2.
Upon receipt of the necessary material from the applicant, the Administrative Officer shall forward the copies to the Secretary of the Planning Board. The Secretary of the Planning Board shall be responsible for supplying copies of the plat to the County Planning Board, New Jersey Commissioner of Transportation and adjacent municipalities for those development applications requiring public notice and County Planning Board review as required in the Municipal Land Use Law.
3.
All hearings held on applications for preliminary subdivision approval (and in certain uses, preliminary site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least twenty (20) days prior to the hearing date. Notice of the hearing shall be given by the applicant at least ten (10) days prior to the date of the hearing.
b.
Action by the Borough. Upon the submission of a complete application for a site plan for ten (10) acres of land and/or less subdivision containing ten (10) lots or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of each submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than ten (10) acres and/or subdivision containing more than ten (10) lots, or whenever an application includes a request for relief pursuant to Section 25-3 of this chapter, the Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
1.
Upon the submission of a complete application for a site plan and/or subdivision pursuant to Section 25-3 of this chapter the Zoning Board of Adjustment shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such submission or within such further time as may be consented to by the developer.
2.
The Board shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable if the literal enforcement of one (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
3.
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions. Should major revisions to the plan be deemed necessary, the Board shall require that an amended plan be submitted and proceeded upon as in the case of the original application for preliminary approval.
c.
Effect of Preliminary Approval. Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval:
1.
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 size; yard dimensions; and off-tract improvements; and
2.
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; and
3.
That the applicant may apply for and the Board may grant extensions 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.