Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary site plan, final major subdivision or final site plan, as the case may be, and each application for variance relief, shall include all information and data listed in the appropriate corresponding checklist as set forth below in Sections 17-74.1 through 17-74.5.

(Ord. 987 § 1 (part), 1998)

The Municipal Agency or its authorized committee or designee (herein called the Municipal Agency) shall review all applications and accompanying documents required by this Chapter to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the Municipal Agency. In the event that the Municipal Agency does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless (i) the application lacks information indicated on the checklist for such application as set forth in Sections 17-74.1 through 17-74.5 below, and (ii) the Municipal Agency has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one or more submission requirements be waived, in which event the Agency shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he 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 checklist or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for 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 so required by the Municipal Agency.

(Ord. 987 § 1 (part), 1998)

A.

The Planning Board shall create a committee, to be known as the Subdivision and Site Plan Review Committee (SSPRC), to determine completeness of all development applications submitted to the Planning Board. The SSPRC shall consist of:

1.

Four (4) members of the Board, who shall be the only voting members of the SSPRC, each to be appointed by the Board Chairperson.

2.

The Planning Board Engineer.

3.

The Town Zoning Officer.

4.

The Town Construction Official.

5.

The Town Planner.

6.

The Board Attorney.

B.

The term of each Board member appointed to the SSPRC shall be one (1) year, or until a successor has been duly appointed and qualified, whichever happens later. The term of all other members of the SSPRC shall be the same as the term of their official position with the Town of Harrison and/or the Planning Board, as the case may be.

C.

The Board Chairperson shall designate an SSPRC Chairperson and Vice Chairperson from among the Board members appointed to serve as SSPRC members.

D.

The SSPRC Chairperson may request the attendance of other municipal officials at SSPRC meetings in order to facilitate the performance of its duties and responsibilities. In lieu of such attendance, the Chairperson may request and/or accept written reports and/or recommendations from such officials. Such officials may include, without limitation, representatives of the Police Department, Fire Department and Health Department.

(Ord. 987 § 1 (part), 1998)

Prior to the submittal of an application for development, the applicant may request an informal review before the Planning Board in order to:

A.

Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;

B.

Provide for an exchange of information regarding the proposed development plan and applicable elements of the master plan, zoning ordinance and other development requirements;

C.

Advise the applicant of any public sources of information that may aid the application;

D.

Identify policies and regulations that create opportunities or pose significant constraints for the proposed development;

E.

Consider opportunities to increase development benefits and mitigate undesirable project consequences;

F.

Permit input into the general design of the project.

(Ord. 987 § 1 (part), 1998)

Applicants seeking review of a concept plan shall provide fifteen (15) copies of the plan and one (1) copy of the completed application and the required review fees to the Planning Board Secretary at least fourteen (14) days before a regularly scheduled meeting of the Board.

(Ord. 987 § 1 (part), 1998)

The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Town's development goals and objectives.

(Ord. 987 § 1 (part), 1998)

Neither the applicant nor the Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.

(Ord. 987 § 1 (part), 1998)

Site plan approval shall be required before the start of any development and before the issuance of any permit for any development, except that: (a) subdivision or individual lot applications for detached one (1) or two (2) dwelling unit buildings and (b) construction work found by the Zoning Officer to constitute ordinary repairs, shall be exempt from site plan review.

(Ord. 987 § 1 (part), 1998)

A.

By Planning Board. The Board may waive the requirement for site plan approval where the Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations.

B.

By Zoning Officer. The Zoning Officer may waive the requirement for site plan approval when a proposed development does not involve a change in use and (1) consists solely of non-structural changes in the facade of a structure; (2) an interior change which does not increase parking requirements or stormwater runoff and does not involve any other substantial site development considerations; or (3) where the installation, alteration, replacement, relocation or enlargement of a conforming sign which, in the judgment of the Zoning Officer, does not involve significant aesthetic considerations.

(Ord. 987 § 1 (part), 1998)

Subdivision approval shall be required prior to the recording of any plat or deed affecting the subdivision of any land in the Town of Harrison.

(Ord. 987 § 1 (part), 1998)

No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map or the street requirements of this Ordinance shall be approved unless such additional right-of-way, either along one (1) or both sides of said street(s), as applicable, shall be deeded to the Town or other appropriate governmental agency.

(Ord. 987 § 1 (part), 1998)

The Board may require a traffic impact statement as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse impact on the road network, ingress/egress or on-site circulation.

(Ord. 987 § 1 (part), 1998)

A.

The traffic impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and background.

B.

All relevant sources of information used in the preparation of said statement shall be identified.

(Ord. 987 § 1 (part), 1998)

All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:

A.

Existing conditions in the vicinity of the proposed project including:

1.

Roadway network

2.

Representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months)

3.

Traffic accident statistics

4.

Availability of public transportation

5.

Level of Service of adjacent roadways

B.

Traffic Generated by the proposed development including:

1.

Trip generation

2.

Trip distribution

3.

Modal split

4.

Level of Service under proposed conditions

C.

Traffic impacts caused by the proposed development as per change in existing conditions.

D.

Explanation of Traffic Reduction/Traffic Management Plans necessary pursuant to any current Federal, State or County requirements, and, where applicable, proposed interaction with appropriate County Transportation Management Areas (TMA).

E.

Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.

F.

Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential traffic impacts.

(Ord. 987 § 1 (part), 1998)

The Board may require an environmental impact assessment as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse affect on the environment. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

(Ord. 987 § 1 (part), 1998)

All environmental impact assessments shall consist of written and graphic materials which clearly present the following information:

A.

Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population, and visitor population shall be estimated.

B.

The compatibility or incompatibility of the proposed project shall be described in relation to the following:

1.

Town of Harrison Master Plan and Master Plan Reexamination

2.

Hudson County Master Plan

3.

New Jersey State Development and Redevelopment Plan

C.

Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:

1.

Topography. A description and map of the topographic conditions of the site shall be provided.

2.

Contamination. Information regarding the presence or absence of environmental contamination, including: (i) the presence of known or suspected contaminants on site; (ii) prior uses of the property; (iii) the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.

3.

Critical Areas. A description and map of the wetland areas, wetland buffers and flood plains on the site shall be provided.

4.

Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.

5.

Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities and any scenic view from the site.

6.

Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.

D.

Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:

1.

Soil erosion and sedimentation resulting from surface runoff.

2.

Flooding and flood plain disruption.

3.

Degradation of surface water quality.

4.

Sewage disposal.

5.

Solid waste disposal.

6.

Destruction or degradation of scenic and historic features on and off site.

7.

Air quality degradation.

8.

Noise levels.

9.

Lighting levels including trespass lighting.

10.

Effect on the community including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.

E.

Environmental Performance Controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:

1.

Stormwater management plans and plans for soil erosion and sedimentation controls.

2.

Water supply and water conservation proposals.

3.

Noise reduction techniques.

4.

Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.

5.

Miscellaneous on-site and off-site public improvements.

F.

Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.

G.

Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but not be limited to, approvals required by the Town and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

H.

Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

I.

Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIS and/or in the course of the public hearings before the Board.

(Ord. 987 § 1 (part), 1998)

Whenever an applicant intends to construct a development in phases, phasing information shall be included in the plans for preliminary approval, and all phases shall be:

A.

Functionally self-contained and self-sustaining with regard to access, circulation, parking, utilities, open spaces and all other site improvements and physical features and shall be capable of perpetual independent use, occupancy, operation and maintenance upon completion of construction and development.

B.

Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the plan.

(Ord. 987 § 1 (part), 1998)

A.

Submission requirements for minor subdivision and site plan approval are provided in the Minor Subdivision And Site Plan Checklist in Section 17-74.1.

B.

The Secretary of the Board shall forward copies of the application to the following for review and comment, where appropriate:

1.

Town Fire Department

2.

Town Police Department

3.

Town Health Department

4.

Town Sewer and Water Department

C.

The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

(Ord. 987 § 1 (part), 1998)

The officials and agencies cited in Section 17-67.1 above shall forward their comments and recommendations in writing to the Board within fourteen (14) days after receipt of the application.

(Ord. 987 § 1 (part), 1998)

A.

Except for applications governed by the time limits in Section 17-10.3.D and/or 17-11.6 above, the Board shall approve, conditionally approve, or deny a minor subdivision or site plan within forty-five (45) days of the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

B.

Failure of the Board to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Register for purposes of filing subdivision plats or deeds.

(Ord. 987 § 1 (part), 1998)

Approval of a minor subdivision or site plan shall be deemed final approval provided that the Board may condition such approval on the provision of improvements as may be required. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded in accordance with Section 17-67.5 below.

(Ord. 987 § 1 (part), 1998)

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and 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 Register, the Town Engineer and the Town Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chairperson and Secretary. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the said act.

(Ord. 987 § 1 (part), 1998)

A.

The Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed pursuant to this Chapter if the developer proves to the reasonable satisfaction of the 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 Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

B.

The Board shall grant an extension of minor subdivision or site plan 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 agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of minor subdivision approval; or (b) the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.

(Ord. 987 § 1 (part), 1998)

A.

Submission Requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist in Section 17-74.2.

B.

The Secretary of the Board shall forward copies of the application to the following for review and comment, where appropriate:

1.

Town Fire Department

2.

Town Police Department

3.

Town Health Department

4.

Town Sewer and Water Department

C.

The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

(Ord. 987 § 1 (part), 1998)

The officials and agencies cited in Section 17-68.1 above shall forward their comments and recommendations in writing to the Board within fourteen (14) days after the receipt of the application.

(Ord. 987 § 1 (part), 1998)

A.

Subdivisions.

1.

Except for applications governed by the time limits in Section 17-10.3.D and/or 17-11.5 above, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of ten (10) or fewer lots within forty-five (45) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

2.

The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than ten (10) lots within ninety-five (95) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

3.

Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the Applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the County Register for purposes of filing subdivision plats.

B.

Site Plans.

1.

Except for applications governed by the time limits in Section 17-10.3.D and/or 17-11.5 above, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, within forty-five (45) days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

2.

The Board shall approve, conditionally approve or deny the preliminary major site plan of more than ten (10) acres or more than ten (10) dwelling units within ninety-five (95) days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.

3.

Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.

(Ord. 987 § 1 (part), 1998)

Preliminary approval of a major subdivision or site plan, except as provided in paragraph B.(4) of this section, shall confer upon the applicant the following rights for a 3-year period from the date on which the resolution granting preliminary approval is adopted.

A.

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 sizes; 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 Town from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.

B.

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.

C.

That the applicant may apply for and the Board may grant extension 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.

D.

In the case of a subdivision of or a site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a non-residential floor area of two hundred thousand (200,000) square feet or more, the appropriate Board may grant the rights referred to in paragraphs A, B and C above for such period of time, longer than two (2) years, as shall be determined by the appropriate Board to be reasonable taking into consideration (a) the number of dwelling units and non-residential floor area permissible under final approval, (b) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board 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 non-residential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.

E.

Whenever the Board grants an extension of preliminary approval pursuant to paragraphs C or D above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.

F.

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one (1) 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. The developer shall apply for the extension before (a) what would otherwise be the expiration date of the preliminary approval, or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to paragraphs C or D above.

(Ord. 987 § 1 (part), 1998)

Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.

(Ord. 987 § 1 (part), 1998)

A.

Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist in Section 17-74.3.

B.

The Secretary of the Board shall forward copies of the application to the following officials for review and comment where appropriate:

1.

Town Fire Department

2.

Town Police Department

3.

Town Health Department

4.

Town Sewer and Water Department

C.

The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

(Ord. 987 § 1 (part), 1998)

The officials and agencies cited in Section 17-69.1 above shall forward their comments and recommendations in writing to the Board within fourteen (14) days after the receipt of the final application.

(Ord. 987 § 1 (part), 1998)

A.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the "Map Filing Law" P.L. 1960, c. 141. In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

B.

Final approval shall be granted or denied within forty-five (45) days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the County Register for purposes of filing.

C.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6, the Board shall condition its approval 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.

(Ord. 987 § 1 (part), 1998)

A.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, pursuant to Section 17-68.3 above, whether conditionally or otherwise, shall not be changed for a period of two (2) 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 Section 17-69.6A below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance with Section 17-69.6.A below, the Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this Ordinance, the granting of final approval terminates the time period of preliminary approval pursuant to Section 17-68.3 above, for any section of the development which is granted final approval.

B.

In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for the development of nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in paragraph A of this section for such period of time, longer than two (2) years, as shall be determined by the Board 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 thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the following:

a)

the number of dwelling units and nonresidential floor area permissible under final approval;

b)

the number of dwelling units and nonresidential floor area remaining to be developed;

c)

economic conditions; and

d)

the comprehensiveness of the development.

C.

Whenever the Board grants any extension of final approval pursuant to paragraphs A or B above, 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.

D.

The 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 an extension before (a) 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 Board from granting an extension pursuant to paragraphs A or B above.

(Ord. 987 § 1 (part), 1998)

A.

Conditions binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.

B.

Failure to maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements in landscaping are to be installed by, and/or dedicated to and maintained by the Town, County or another party, under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping, shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth herein.

(Ord. 987 § 1 (part), 1998)

A.

Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the County Register. The Board may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. The Board may extend the 95-day or 190-day period if the applicant proves to the reasonable satisfaction of the Board (1) that the applicant 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 applicant applied promptly for and diligently pursued 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 Board. The developer may apply for an extension either before or after the original expiration date.

B.

No subdivision plat shall be accepted for filing by the County Register until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson, Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this Ordinance and has satisfied all other applicable conditions of final approval. If the County records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

(Ord. 987 § 1 (part), 1998)

Applications for amended site plan or subdivision review shall be governed by the same requirements as all other applications for subdivision or site plan approval.

(Ord. 987 § 1 (part), 1998)

The submission requirements and review process for conditional use applications shall be the same as for a major site plan, except as set forth below.

A.

The Board shall grant or deny an application for conditional use approval within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant.

B.

The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision and/or site plan application. The longest time period for action by the Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.

(Ord. 987 § 1 (part), 1998)

Whenever review or approval of a development application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board by its failure to report thereon within the require time period provided by law.

Whenever County Planning Board review or approval is required, the applicant shall be responsible for filing all necessary applications, plans, reports and other documents directly with the County Planning Board.

(Ord. 987 § 1 (part), 1998)

A.

When all conditions of any minor, preliminary or final approval have been met, the applicant shall submit to the Board Secretary eight (8) copies of the approved plan(s) with all revisions required by the conditions of approval. The approved plan(s) shall then be signed by the Board Chairperson, Secretary and Engineer. Two (2) signed copies shall be returned to the applicant and the remaining copies shall be distributed by the Board Secretary.

B.

In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approval plat with the County Register in conformance with the Map Filing Law, the applicant shall submit to the Board Secretary, simultaneously with the plans described in Paragraph A above, two (2) mylars and at least eight (8) paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chairperson, Secretary and Engineer simultaneously with the signing of the approved plans submitted pursuant to paragraph A above. After signing, one (1) mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.

C.

Following the filing of any approved subdivision plat or minor subdivision deed with the County Register, the applicant shall promptly deliver to the Board Secretary at least six (6) copies of the filed plat or recorded deed, as the case may be. The Board Secretary shall then distribute copies of the same.

D.

Whenever any subdivision is to be perfected by the filing of the approved plat with the County Register, and when the engineering review of such subdivision has been performed by the Board Engineer, the plat intended for recording shall be signed by the Board Engineer. For purposes of such signatures as the municipal engineer, the Board Engineer shall be deemed to act as an Assistant Town Engineer.

E.

The Board Secretary shall return in the Board's files at least one (1) true copy of all signed and approved site plans and subdivision deeds and all signed, approved and filed subdivision plats.

(Ord. 987 § 1 (part), 1998)

No application for development shall be deemed complete unless the items, information and documentation listed in the applicable checklist are submitted to the Board. If any required item is not submitted, the applicant must request in writing a waiver and state the reasons, supporting each such request.

(Ord. 1137 § 2, 2006; Ord. 987 § 1 (part), 1998)

(Ord. 1137 § 3, 2006; Ord. 987 § 1 (part), 1998)

(Ord. 987 § 1 (part), 1998)

(Ord. 987 § 1 (part), 1998)

(Ord. 1079 §§ 1-2, 2003; Ord. 987 § 1 (part), 1998)