Zoneomics Logo
search icon

Lakehurst City Zoning Code

§ 25-18.3

Action by the Approving Authority.

[Ord. No. 11/78; Ord. No. 5/24/82 § 902]
a. 
The Planning Board Engineer shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application no later than 15 days after the application is received by the Administrative Official. If incomplete, the material shall be returned to the developer for a resubmission at least 15 days prior to a subsequent meeting. If complete, the approving authority shall classify the application as a minor subdivision or site plan or major subdivision or site plan and shall approve, approve with conditions, or deny the application. The decision shall be in writing and shall be sent to the applicant.
b. 
Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action, may grant conditional approval.
c. 
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, including any conditions imposed by the approving authority and in conformity with the provisions of the “Map Filing Law”, P.L. 1960, C. 141 (N.J.S. 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. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the approving authority (or the vice-chairman or assistant secretary in their absence, respectively) and the Planning Board Engineer. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the “Map Filing Act”, P.L. 1960, C. 141 N.J.S. 46:23-9-9 et seq., provided 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 act.
In accordance with N.J.S. 40:55D-54, the County Recording Officer shall notify the approving authority of the filing of any plat within seven days of filing.
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 of minor subdivision approval, provided the approved minor subdivision shall have been duly recorded.
d. 
When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development together with subsequent subdivisions or development will not create, impose, aggravate, or lead to any such adverse effect(s).
e. 
If classified as a major site plan or major subdivision and either approved or approved with conditions as a major site plan or major subdivision, or approved as a minor site plan or minor subdivision, a notation to that effect including the date of the approving authority’s action shall be made on all copies of the plat and shall be signed by the chairman and secretary of the approving authority (or the vice-chairman or assistant secretary in their absence, respectively). All conditions on minor siteplans or minor subdivisions shall be complied with within 90 days of the meeting at which conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a major site plan or major subdivision, sketch plat modifications are not required.
f. 
The approving authority may, at its discretion, when acting upon a minor subdivision or minor site plan grant exceptions from the requirements of the “Design and Performance Standards” in Section 25-27 if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided the applicant at the time of filing an application for minor subdivision or site plan approval shall append to such application a written description of the design and/or performance standard(s) for which an exception (s) is (are) sought and the reasons for so requesting. The approving authority shall consider such exception requests simultaneously with the review and consideration of the minor subdivision or site plan application.
A public hearing and notice in conformance with subsection 25-11.6 of this chapter shall be required for all applications requesting relief from one or more design or performance standards.