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Lakehurst City Zoning Code

§ 25-9.8

Time.

[Ord. No. 11/78; Ord. No. 5/24/82 § 507; Ord. No. 7/20/89 § 7]
a. 
Minor Subdivisions and Minor Site Plans. Minor subdivision approvals and minor site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such subdivision approval and the provisions of the “Map Filing Law”, 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. Any such subdivision plat or deed must be signed by the chairman and a secretary of the Planning Board before it will be accepted for filing by the County Recording Officer. Approval of a minor site plan shall expire two years from the date of Planning Board approval unless a building permit shall have been issued.
b. 
Preliminary Approval Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or with such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for either size subdivision.
c. 
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 25-9.7 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application 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 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.
d. 
Final Subdivision Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat 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 additional period not to exceed 190 days from the date of the signing of the plat.
e. 
Preliminary Site Plan Approval. Upon the submission of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
f. 
Final Site Plan Approval. Final approval shall be granted or denied within 45 days after submission of a complete application 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.
Whenever review or approval of the application by the County Planning Board is required N.J.S. 40:26-6.6g2 the 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.
g. 
Conditional Use Approval. Approval shall be granted or denied within 95 days of submission of a complete application by a developer to the Administrative Official or within such further time as may be consented to by the applicant.
h. 
Pinelands Commission Review. In the Pinelands Area (Lakehurst), notwithstanding the provisions of this subsection, where any approval results from the failure of the approving authority to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the permit shall not become effective until the requirements of subsection 25-4.7d, 3 and e are met.