Manalapan Township City Zoning Code
§ 95-4.5
Minor subdivision and minor site plan procedure.
A.
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer 20 copies of the items required in Article XII of this chapter, together with five copies of the executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
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 § 95-4.3C of this chapter.
C.
All applications for minor subdivisions and minor site plans shall first be reviewed by the Subdivision and Site Plan Review Committee and then referred to the Planning Board for decision.
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 the 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 in Subsection E(1) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted 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. Two Mylar, two linen, and 15 paper copies of the minor subdivision plat shall be submitted for execution. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the municipal agency after confirmation by the Township Finance Officer that all fees and escrows are filed and current.
(1)
Extension of one-hundred-ninety-day period for filing minor subdivision. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of 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.
(2)
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 provides 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.
(3)
A developer shall apply for the extension before what would otherwise be the expiration date of the minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental agencies, 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 of site plan approval or the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision has been duly filed as set forth in Subsection E above.
(1)
Extension of zoning requirements and general terms and conditions for minor site plan. The Planning Board shall grant an extension of the two-year period 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally acquired approvals from the other governmental agencies, whichever occurs later.
G.
If the owner of a commercial property is seeking to make minor accessory improvements, a concept or other plan may be submitted in lieu of a full site plan at the discretion of the Zoning Officer. The submitted plan shall be reviewed by the appropriate Board and its professionals.
[Added 12-12-2018 by Ord. No. 2018-14]