Tabernacle City Zoning Code
ARTICLE XIV
Applications
§ 17-84 COMPLETE APPLICATION; OUTSTANDING FEES; ESCROWS AND TAXES.
[Ord. #1985-7, A XXI; Ord. #1994-5, § 3; Ord. #1995-6, § 2]
a.
The complete application for subdivisions, and site plans; major and minor; preliminary and final shall consist of the following:
1.
A completed application on the form provided by the municipality or on a form providing the same information, and such other documentation as is required for the type of application for which consideration is requested.
2.
Sufficient number of plans prepared in accordance with the applicable step, stage of approval, or type of approval for which consideration is requested. A checklist for each type of application is set forth in Appendix A attached hereto. The applicant may request that one or more of the submission requirements be waived, in which event the municipal agency shall act upon the request within 45 days. (See paragraph below dealing with when application for development is deemed complete.)
3.
Payment of all required fees, escrows, taxes, current or delinquent as required. No application for development shall be deemed complete unless all of the foregoing items have been paid and a proof of payment shall be prerequisite for certification as a complete application. No application for development shall be deemed complete if there are outstanding, uncollected fees and escrows resulting from past applications or prior submissions by this applicant and/or involving the property in question or any part thereof, including the base tract by a previous applicant. In addition, final approval for subdivision and site plans where bondable improvements are required, shall require the posting of the performance guarantee or installation of said improvements prior to the submission as an element of the complete application, and proof of compliance with all conditions imposed by the preliminary approval.
b.
No date for a hearing shall be set until the Administrative Officer of the Board certifies the application as complete. In the event that the Administrative Officer does not certify the application to be complete within 45 days of the date of its submission, except as varied as is set forth below, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period and for setting the date for a hearing unless:
1.
The application lacks information indicated on the checklist adopted by ordinance and provided to the applicant, and
2.
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
3.
In the event that the applicant request waiver of one or more of the submission requirements, consideration of that request for waiver shall be done within the 45 day period preceding certification as a complete application.
c.
The municipal agency may subsequently require correction of any information found to be in error or submission of any additional information not specified in the ordinance or revisions in the accompanying documents as reasonably necessary to make an informed decision, but such corrections, additions or revisions shall not be determinative in the finding of whether or not the application is complete.
d.
Each application to or matter to be heard by the Zoning Board of Adjustment shall meet the notice and service requirements of the Municipal Land Use Law, 40:55D-12 et seq. and hearing requirements of 40:55D-10.
§ 17-85 REFERRAL TO PLANNING BOARD OF APPLICATIONS REQUESTING SUBDIVISION AND/OR SITE PLAN APPROVAL.
[Ord. #1985-7, A XXII]
Whenever the Zoning Board has before it a land subdivision or site plan review application, connected with a use variance, the Board may refer a subdivision or site plan aspect of the application to the Planning Board for comment and recommendation if it so desires or feels same would be beneficial, helpful or necessary. Such comment and recommendation in the form of a report, shall be submitted to the Zoning Board promptly and in writing by the Planning Board.
The Zoning Board shall promptly transmit a copy of such comment and recommendation to the applicant and shall consider, but shall not be bound by the same, in taking action on the application.