The Planning Board may waive the requirements for site plan approval where no or de minimus construction or improvements are proposed. The waiver may be granted only by a resolution finding that the use will not materially affect drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other standards specified in Article IX of this chapter.

An application for a site plan waiver shall be required and shall include a written description of the proposed work, a conceptual plan illustrating the work, a description of the impacts and a justification for the waiver.

The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more of the provisions is impracticable or will exact an undue hardship because of particular conditions pertaining to the land in question.

The Planning Board, when acting upon applications for preliminary or minor site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval under the same terms and conditions as specified in Subsection C(1) above.

At the request of the applicant, the Planning Board or its designated representative shall authorize a preapplication conference. The purpose of this conference is to:

The preapplication conference allows the applicant to meet with the appropriate municipal representatives. These individuals, who shall be designated by the Chairman of the Planning Board or his designated representative, may include:

Applicants seeking a preapplication conference shall submit the items stipulated in § 135-74B of this chapter. These items provide the subdivider or developer and Planning or Zoning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.

Fees, copies required and submission dates for these applications shall be as set forth in Article XIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 10 working days after the final meeting.

The applicant shall not be bound by the determination of the preapplication conference nor shall the Planning Board or Subdivision and Site Plan committee be bound by any such review.

In addition or as an alternative to the preapplication conference, at the request of the applicant, the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review, at a public meeting, 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 or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.

Applicants seeking concept plan informal review shall submit the items stipulated in § 135-74B of this chapter. These items provide the subdivider or developer and Planning or Zoning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.

Fees, copies required and submission dates for these applications shall be as set forth in Article XIII of this chapter. In addition, the applicant must reimburse the Borough for actual costs of engineering or legal expenses for review of the application and/or attendance by professionals at the meeting. The applicant may request a brief written summary of the concept plan review to be provided within 10 working days after the final meeting.

The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review. The municipality may require notice of the concept plan meeting pursuant to N.J.S.A. 40:55D-12.

The following applications may be filed: (Note: Certain applications may involve a combination of actions.)

The Administrative Officer will make the initial determination as to the types of applications that may be filed and the appropriate Board to hear the application based on the criteria in the definitions in Article II of this chapter and current applicable state law.

If the applicant disagrees with the initial determination, he shall request that the decision of the Administrative Officer be provided in writing and may appeal the Administrative Officer's decision concerning the determinations above to the Planning Board. This appeal shall be in writing putting forth the facts and arguments as to why the applicant disagrees with the Administrative Officer and what remedy is requested. Such appeal submittal must be provided to the Administrative Officer at least 14 days prior to the next scheduled Planning Board meeting. No fee or public notice is required. However, the development application itself cannot be scheduled to be heard at the same meeting.

A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Administrative Officer.

An applicant may appeal the Administrative Officer's decision concerning the completeness of the application to the Board which has jurisdiction to hear the application. The Board shall have 45 days after receipt of a written request to schedule a public hearing at which time the Board will determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.

Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer the appropriate number of copies of the items required in § 135-74B of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes, Borough water or sewer charges or Borough assessments of any kind are outstanding against the property.

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 § 135-70E of this chapter.

The minor subdivision or site plan shall thereafter be referred to the Planning Board for a hearing in due course. The Subdivision or Site Plan Committee, as appropriate, shall review the application and shall comment and make written recommendations to the Planning Board.

The action of the Planning Board under this article must be taken within 45 days, or 120 days if a variance pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70 is involved, of a complete application as defined in § 135-70E of this chapter or within such further time as is agreed to by the applicant and the Board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision or minor site plan approval, and a certificate of the Administrative Officer as to the failure of the Planning Board or Committee 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.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval 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 submitted to the Administrative Officer for review and for the signatures of the Chairperson and Secretary of the Planning Board.

The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer of the Planning Board the appropriate number of copies of the materials stipulated in § 135-743B of this chapter.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of § 135-70E of this chapter.

The Subdivision or Site Plan Committee, as appropriate, shall review the application and shall comment and make recommendations to the Planning Board. The major subdivision or site plan shall thereafter be referred to the Planning Board for a hearing in due course.

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 submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary subdivision or site plan approval.

Preliminary approval of a major subdivision and site plan shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:

Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the Municipal Engineer, who shall review and approve or deny 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 requirement as previously imposed for a denial. After the plans are approved, the developer may install the site improvements prior to final approval. 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 XI of this chapter. The type, form, and amount of the bond are subject to the approval of the Municipal Engineer and the Municipal Attorney.

An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer of the Planning Board, the appropriate number of copies of the materials specified in § 135-74B of this chapter. In addition, one original tracing, one translucent cloth copy and two cloth prints of subdivision plats shall be submitted. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. 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 and other improvements 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 XI of this chapter.

The application for final subdivision or site plan approval shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of § 135-70E of this chapter.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval 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.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairperson and Secretary of the Planning Board unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board 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.

No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Article XI of this chapter.

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 change for a period of two years after the date of final approval; 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 subdivision has fully recorded the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions.

The Green Development Procedures Checklist[2] is a required submission item for minor site plans, preliminary major subdivisions and preliminary major site plans but compliance with the checklist items shall not be mandatory nor a condition of approval unless otherwise specified by Borough ordinance or required by the State of New Jersey. The documents to be submitted are shown on Exhibit 1.