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Fair Haven City Zoning Code

§ 30-4.5

Minor Subdivision and Minor Site Plan Procedure.

[2002 Code § 16.16.050; Ord. No. 2009-02 § II]
a. 
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this title shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.
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 subsection 30-4.3c 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 section 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 a certificate of 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 herein, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless with 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.
The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed section 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.
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 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.
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 ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
f. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision and site plan approval is adopted, provided that, in the case of a minor subdivision, the approved minor subdivision shall have been duly recorded.