Milltown City Zoning Code
§ 34-15.5
Submission of Preliminary Subdivision Plat.
[Ord. No. 919 Art. XI, E]
a.
Any owner of land within the municipality shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Administrative Officer at least 21 days prior to a regular meeting of the Approving Authority, 15 blue- or black-on-white copies of the preliminary plat; 15 completed copies of the Standard Development Application Form; three completed copies of the preliminary 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.
b.
If the Approving Authority requires a substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Approving Authority, shall, if the proposed subdivision complies with the standards and provisions of this chapter, grant preliminary approval to the subdivision.
c.
Upon the submission to the Administrative Officer of a complete application for a subdivision of 10 or fewer lots, the Approving Authority 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 applicant. Upon the submission to the Administrative Officer of a complete application for a subdivision of more than 10 lots, the Approving Authority shall grant or deny within 95 days of the date of such submission or within such further time as my be consented to by the applicant. Failure of the Approving Authority to act within the above prescribed time periods shall be deemed to have granted preliminary subdivision approval.
d.
Two preliminary plans shall be filed by the applicant with the Middlesex County Planning Board. If the Middlesex County Planning Board fails to act on the subdivision application within a thirty-day period, the application shall be deemed to have been approved by the County Planning Board. However, by mutual agreement between the County Planning Board and the Approving Authority, and with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period. Any such extension shall so extend the time within which the municipal Approving Authority shall be required by law to act. Should the Middlesex County Planning Board fail to receive an approved extension of time, and the Secretary of the County Planning Board shall attest on the final plan to the failure of the County Planning Board to report within the required time period, such attestation shall be sufficient authorization for further Borough action on the application.
e.
Effect of Preliminary Approval. Preliminary approval of a major subdivision shall, except as provided in paragraph e,4 of this subsection confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:
1.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
3.
That the applicant may apply for and the Approving Authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards my govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Approving Authority may grant the rights referred to in paragraphs 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Approving Authority to be reasonable, taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) economic conditions and (c) the comprehensiveness of the development. The applicant may apply for thereafter, and the planning board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Approving Authority to be reasonable, taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (c) economic conditions, and (d) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
5.
Whenever the Approving Authority grants an extension of preliminary approval pursuant to paragraphs 3 or 4 this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer my apply for the extension either before or after what would otherwise be the expiration date.
6.
The Approving Authority shall grant an extension of preliminary approval for a period determined by the Approving Authority 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: (a) what would otherwise be the expiration date of preliminary approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Approving Authority from granting an extension pursuant to paragraphs 3 or 4 above.