Rockaway Township City Zoning Code
§ 54-21.10
Minor subdivisions.
[Ord. No. 95-24 § 54-50; Ord. No. O-13-17, § 6]
In addition to the procedures for filing, completeness determination and review provided by this section, the following provisions shall apply to minor subdivisions:
A.
Upon a determination that the application is complete, an application for minor subdivision approval filed with the Planning Board shall be referred to the Minor Subdivision Committee, which shall make recommendations to the full Board in accordance with § 54-9. Following receipt of the Minor Subdivision Committee's report, the Planning Board shall take action on the application within the time periods prescribed pursuant to Subsection 54-21.6D.
B.
Notwithstanding the above, an applicant may apply to the Minor Subdivision Committee for a waiver from notice and public hearing on a minor subdivision application, in accordance with the following:
(1)
In order to qualify for a waiver, the minor subdivision must conform to the definition of "minor subdivision," as set forth in § 54-4.
(2)
The Minor Subdivision Committee, in determining whether or not a waiver should be granted, shall, as appropriate, refer the application to one or more of the following Township employees or consultants: Zoning Officer; Construction Code Official; Traffic Safety Officer; Police Department; Township Engineer; Utility Superintendent; Health Officer; Fire Official; and/or Township Planner.
(3)
The Minor Subdivision Committee may grant or deny the request for waiver or may refer the request to the full Board if there is any question as to the action that should be taken.
(4)
An applicant may appeal any denial of a waiver by the Minor Subdivision Committee to the full Planning Board.
(5)
If an application lies outside the scope of this procedure or if the application is denied, the applicant may apply for minor subdivision approval.
C.
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition any such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
D.
Approval of a minor subdivision shall expire 190 days from the date on which the resolution of Township approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Board before it will be accepted by the County Recording Officer.
[1]
Note: See N.J.S.A. 46:26B-1 et seq.
E.
The Board may extend the 190-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the 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 Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F.
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 with the County Recording Officer.