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Milltown City Zoning Code

§ 34-9.10

Time for Approval; Expiration of Approval.

[Ord. No. 919 Art. VI, J]
a. 
Minor Subdivisions and Minor Site Plans. Minor subdivision 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. Failure of the Planning Board to act within the prescribed forty-five day period shall constitute minor subdivision or minor site plan approval. 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 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. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
1. 
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 on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.
2. 
The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to paragraph a if the developer proves to the reasonable satisfaction of the Planning Board: (a) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasigovernmental entities, and, (b) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period or 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.
3. 
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 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 government entities and that the developer applied promptly for and diligently pursued the required approvals. A 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 last legally required approval from other government entities, whichever occurs later.
b. 
Preliminary Approval of Major Subdivisions and Major Site Plans. Upon submission of a complete application for a subdivision of 10 or fewer lots or a major site plan involving 10 acres of land or less and 10 dwelling units 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 submission of a complete application for a subdivision or more than 10 lots or a major site plan involving more than 10 acres or more than 10 dwelling units, 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 or site plan.
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 34-9.8g, the Planning Board shall grant or deny approval of the application within 120 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 described 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 the request of the applicant.
d. 
Final Approval. Application for final subdivision approval or site plan 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. Failure of the Planning Board to act within the period prescribed shall constitute final approval. 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 an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five day or 190-day period if the developer proves to the reasonable satisfaction of the Planning 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 Planning Board. The developer may apply for the extension either before or after that would otherwise be the expiration date.