§ 246-84 Final review and approval process.

The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.), provided that, in the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of the preliminary approval without the developer being required to submit another application for development for preliminary approval.

A. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant.

B. If the Planning Board approves, a notation to that effect shall be made on each plat and signed by the Chairman and Secretary of the Planning Board.

C. Whenever review or approval of the application by the County Planning Board is required by Section 5 of Chapter 285 of the Laws of 1968 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

§ 246-85 Filing of major subdivisions.



Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. At the expiration of the 95 days, the Planning Board Secretary shall check with the County Clerk to ascertain whether such filing has occurred, if the County Clerk has not notified the Planning Board Secretary of such filing. 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 the signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board 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 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 an extension either before or after the original extension date.

§ 246-86 Effect of final approval.

Once a plat has been approved and filed within the prescribed time period, the terms and conditions of that approval shall not be changed for a period of two years from the date of approval. The Planning Board may extend the two-year limit for a period of one year. Such extensions shall not be granted more than three times.

§ 246-87 Nonconforming uses and structures.

A. A nonconforming use or structure existing at the passage of this chapter may be continued on the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction.

B. A prospective purchaser, mortgagee or any person interested in land which includes a nonconforming use or structure may apply, in writing, for the issuance of a certificate certifying that the use or structure existed prior to the adoption of this chapter. The applicant shall have the burden of proof. The applicant shall apply for said certificate within one year of the passage of this chapter or at any time to the Board of Adjustment.

§ 246-88 Standards governing nonconforming uses and structures.

A. Reversion prohibited. A nonconforming use, once converted to a conforming use, shall not revert to the nonconforming use or to another nonconforming use.

B. The expansion of a nonconforming use requires a use variance and shall be by resolution of the Planning Board.

C. Review of plan required. All changes pertaining to nonconforming uses shall require the review of a plan in order to make an informed determination that the existing site conditions are adequate to serve the use and meet the minimum requirements for the public safety; said plan shall be approved by resolution of the Board.

§ 246-89 Standards governing nonconforming lots.

A.nonconforming lot shall not be reduced in area or dimensions.