Belmar City Zoning Code
ARTICLE IV
Procedures
§ 40-4.1 Approval Required.
[Ord. No. 1992-32 § 4.1; Ord. No. 1993-49; Ord. No. 1994-20 § 4]
The purpose of this Article is to establish the procedure for review and action on applications requiring subdivision, site plan, conditional use, or variance approval. The procedure is intended to provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:
a.
Subdivision of Land.
b.
Issuance of a Development Permit or Building Permit.
c.
Commencement of any regulated use or activity, which includes:
1.
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;
2.
The use or occupancy of any building, structure or land;
3.
The subdivision or resubdivision of any land.
4.
Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.
5.
The Planning Board, upon the recommendation of the Site Plan Committee of the Planning Board, may waive the requirement for plan approval where there is a change in use or occupancy and no extensive construction or improvements are sought, or the improvements or construction are de minimus in nature. The waiver may be granted only upon resolution of the Planning Board finding that the use or de minimus improvements or construction will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of site plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of site plan shall include the discussion of the prior use of the site, the proposed use, and its impact. The waiver can be granted only at a public meeting, with notice to be given in accordance with N.J.S.A. 40:55D-12.
6.
The Zoning Board of Adjustment, upon recommendation of the Zoning Board Review Committee, may approve application for waivers of variances as set forth in 40-4.1c6(a) of this subsection. The Zoning Board of Adjustment may establish procedural rules and regulations for the operation of the Review Committee and may further promulgate such forms as may be deemed appropriate for submission of applications for waivers to the Review Committee. Each advisory recommendation of the Review Committee shall be reported to the Zoning Board of Adjustment at its next scheduled meeting and to the Construction Code Official and Zoning Officer.
(a)
Any existing lot on which a building or structure is located and which does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or additions to, or construction of accessory building without appeal for variance relief provided (i) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in the zone for the lot in question; (ii) the permitted building coverage is not exceeded; (iii) the accessory building and/or addition do not violate any requirements of the zone such as, but not limited to, height, setback and parking; (iv) where the improvements or construction are de minimus in nature. Building permits shall be issued only upon findings consistent with, this subsection and approval by the Zoning Board of Adjustment at a public meeting with notice to be given in accordance with N.J.S.A. 40:55D-12.
§ 40-4.2 Pre-Application (Informal Review of Concept Plan).
[Ord. No. 1992-32 § 4.2]
a.
At the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.
The purpose of the concept plan is to provide Planning Board input in the formative stages of subdivision and site plan design.
b.
Applicants seeking an informal review of a concept plan shall submit the items stipulated in Article 12 of this chapter 21 days before the concept plan meeting. These items provide the developer and Planning Board with an opportunity to discuss the development proposal in its formative stages.
c.
A brief written summary of the concept plan review shall be provided within 30 working days after the meeting.
d.
The applicant will be charged the fee established for informal review. The amount of any fee for such informal review shall be a credit towards fees for review of the application for development.
e.
The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board be bound by any such review.
f.
The applicant uses the information resulting from any informal review of a concept plan entirely at the applicant's own risk. The applicant shall make no claim against the Borough, the Municipal Agency or any of their agents or employees which is in any way related to an informal review of a concept plan.
§ 40-4.3 Application.
[Ord. No. 1992-32 § 4.3]
a.
Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer, or his/her designee for determination as to which approvals are required and the appropriate Board for hearing same, or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The Administrative Officer's or his/her designee's determination shall be presumed to be correct. The following applications may be filed:
b.
Content. An application for development shall include the items specified in Article 12, Specification of Documents, of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.
c.
Complete Application.
1.
A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Article 12 (2) the checklist has been provided in writing to the applicant, and (3) the Municipal Agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.
2.
An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the Municipal Agency which has jurisdiction to hear the application. The Municipal Agency shall have 45 days after receipt of a written request to schedule a public hearing at which time the Municipal Agency will determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.
§ 40-4.4 Variances.
[Ord. No. 1992-32 § 4.4]
a.
In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70c or requires the direction for issuance of a Building Permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b, the applicant shall submit to the Administrative Officer 15 copies of the items required in Article 12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of Article 4, Subsection 40-4.3c of this chapter.
c.
The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer, or (2) the submission of a complete application for development to the Board of Adjustment, (3) failure of the Board to render a decision within a 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
§ 40-4.5 Minor Subdivision and Minor Site Plan Procedure.
[Ord. No. 1992-32 § 4.5]
a.
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer 15 copies of the items required in Article 12 of this chapter, together with five copies of the executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b.
The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of Article 4, Subsection 40-4.3c of this chapter.
c.
The minor subdivision or site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.
d.
The action of the Municipal Agency under this Article must be taken within 45 days, or 120 days if a variance is required or within such further time as is agreed to by the applicant and the Municipal Agency. Failure of the Municipal Agency to act within the period prescribed shall constitute minor subdivision or site plan approval and in the case of minor subdivisions, a certificate of the administrative officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
e.
Except as provided in Subsection 40-4.5g, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted 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 County Recording Officer, the municipal engineer and the municipal tax assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Municipal Agency.
f.
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 on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in Subsection 40-4.5e above.
g.
The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection 40-4.5e above if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
h.
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one 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. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
i.
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. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one 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. A developer 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 developer receives the last of the legally required approval from other governmental entities, whichever occurs later.
§ 40-4.6 Major Subdivision and Major Site Plan Procedure.
[Ord. No. 1992-32 § 4.6]
a.
Preliminary Approval of Major Subdivisions and Major Site Plans.
1.
The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer 15 copies of the materials stipulated in Article 12 of this chapter.
2.
The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Article 4, Subsection 40-4.3c of this chapter.
3.
The application for major subdivision or major site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.
4.
A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within 95 days of the date of such submissions, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Municipal Agency shall be deemed to have granted preliminary subdivision or site plan approval.
b.
Effect of Preliminary Approval of Major Subdivisions and Major Site Plans. Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection 40-4.6b4, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
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 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 municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
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 plat or site plan, as the case may be; and
3.
That the applicant may apply for and the Planning Board may grant extension on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design and improvement standards have been revised by ordinance, such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsections 40-4.6b1, 40-4.6b2 and 40-4.6b3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern.
5.
Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the municipal engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Article 10.
6.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection 40-4.6b3 or 40-4.6b4 of this chapter and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
7.
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one 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. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of preliminary approval, or (2) the 91st day after the developer receives the last of the legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection 40-4.6b3 or 40-4.6b4 of this chapter.
c.
Final Approval of Major Subdivisions and Major Site Plans.
1.
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the administrative officer or other designee, 15 copies of the items specified in Article 12 of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the municipal engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Article 10 of this chapter.
2.
The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of Subsection 40-4c3 of this chapter.
3.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the Municipal Agency to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purpose of filing subdivision plats.
4.
Within 95 days of the adoption of the resolution of final approval, the applicant shall comply with the conditions set forth therein. If the conditions are not satisfied then the approval shall expire. The Board may, for good cause shown, extend this time period.
5.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the chairman and secretary of the Municipal Agency unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Municipal Agency may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. 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 Planning Board. The developer may apply for an extension either before or after the original expiration date.
6.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the chairman and secretary of the Municipal Agency or a certificate has been issued. The signatures of the chairman and secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Article 10 of this chapter.
d.
Effect of Final Approval of Major Subdivisions and Major Site Plans.
1.
The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Municipal Agency may extend such period of protection for extensions of one year, but not to exceed three extensions.
2.
In the case of a subdivision or site plan for a Planned Development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Municipal Agency may grant the rights referred to in Subsection 4.6d1 of this section for such period of time, longer than two years, as shall be determined by the Municipal Agency to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for and the Municipal Agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Municipal Agency to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions, and (4) the comprehensiveness of the development.
3.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection 40-4.6d1 or 40-4.6d2 of this chapter and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one 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 these approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to Subsection 40-4.6d1 or 40-4.6d2 of this chapter.
§ 40-4.7 Conditional Uses.
[Ord. No. 1992-32 § 4.7]
a.
Application Procedure. Before a construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in this Article.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review in this Article.
The ninety-five-day time period for action by the Planning Board on conditional uses shall apply to each site plan review. Public notice and a hearing shall be required as stipulated in the Municipal Land Use Law (N.J.S.A. 40:55D-12).
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s). Conditional uses must meet the requirements listed in Article 6 of this chapter.
§ 40-4.8 Planning Board Review in Lieu of Board of Adjustment.
[Ord. No. 1992-32 § 4.8]
a.
Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
b.
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.
c.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
d.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c.285 (C.40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c.285 (C.40:27-6.6), in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 40-4.9 Requirements for Claiming Approval Due to a Failure to Act.
[Ord. No. 1992-32 § 4.9]
An applicant may claim approval of his/her application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:
a.
The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
b.
The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
c.
The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.
d.
Upon satisfaction of these requirements by the applicant, the Administrative Officer shall, if he or she agrees with the facts as set forth by the applicant in the notice of default approval, issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
e.
If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by Subsection 40-4.8c hereof. Unless appealed pursuant to Subsection 3.2k1(a) hereof, the decision of the Administrative Officer shall be conclusive.
§ 40-4.10 Transfer of Applications Between Boards.
[Ord. No. 1992-32 § 4.10]
a.
From Planning Board to Zoning Board of Adjustment.
1.
In the event that a developer files his/her complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Planning Board, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Board of Adjustment and that the Planning Board does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:
2.
Nothing stated herein shall relieve the applicant of the notice provisions of the Statute and this chapter or stop the Board of Adjustment from handling the transferred application as a new application before the Board.
3.
In the event that an application is transferred to the Board of Adjustment, said Board shall have 120 days from the date that the new application is filed or the transferred application is received by the Board of Adjustment to render its decision, the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.
b.
From Zoning Board of Adjustment to Planning Board.
1.
In the event that a developer files his/her complete application with supporting documentation in accordance with the applicable provisions of this chapter with the Board of Adjustment, and it is determined either before or after notice and at the public hearing that the application should have been initially filed with the Planning Board and that the Board of Adjustment does not have the statutory jurisdiction to grant the complete relief requested by the applicant/developer, the applicant may elect to do one of the following:
2.
Nothing stated herein shall relieve the applicant of the notice provisions of the statute and this chapter or stop the Planning Board from handling the transferred application as a new application before the Board.
3.
In the event that an application is transferred to the Planning Board, the Board shall have the time periods prescribed by this chapter and the New Jersey statutes from the date that the new application is filed or the transferred application is received by the Planning Board to render its decision; the refiling date or effective transfer date being deemed to be the amended complete application date if the application is in fact complete.