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Milltown City Zoning Code

§ 34-15.4

Submission of Minor Subdivision Plat.

[Ord. No. 919 Art. XI, D]
a. 
The Approving Authority may waive public notice and hearing for a plan if it is found that the subdivision of land contains not more than three lots fronting on an existing street, nor involving any new street, road, extension of Municipal facilities, planned development, and not adversely affecting the development of the remainder of the parcel or adjoining property and is not in conflict with any provision of the Master Plan or this chapter.
b. 
Minor Subdivision Approval shall be granted or denied within 45 days of the date of submission of a complete application, or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute minor subdivision approval. The Approving Authority shall condition any approval that it grants, pursuant to this section, upon timely receipt of a favorable report on the application by the Middlesex County Planning Board or approval by the Middlesex County Planning Board by its failure to report thereon within the required time period.
c. 
Except as provided in paragraph e., 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 provision of the "Map Filing Law" or a deed clearly describing the approval 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. In reviewing the application for development for a proposed minor subdivision the Approving Authority may be permitted by ordinance to accept a plat not in conformity with the "Map Filing Act," 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 act.
d. 
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 section.
e. 
The Approving Authority may extend the 190-day period for filing a minor subdivision plat or deed pursuant to this subsection if the developer proves to the reasonable satisfaction of the Approving Authority that: 1. 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 requested approvals. The length of the extension shall be equal to the period of the 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.
f. 
The Approving Authority may 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 Approving Authority 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. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
g. 
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority, 15 blue- or black-on-white copies of the sketch plat; 15 completed copies of the Standard Development Application form; three completed copies of the sketch plat checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; 15 copies of the drainage calculations, utility reports and soil erosion and sediment control data if required; 15 copies of any required traffic, environmental or other study or report as may be required by the Board; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted. If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.