§ 154-110. Procedures.

A. 

Concept plat.

(1) 

The applicant shall file an appropriate application and shall submit 12 copies of the concept plat of the entire proposed PARC to the Planning Board Secretary on or prior to a regular meeting. All plans shall be marked "received" as of the next regular meeting following submission of same.

(2) 

The Planning Board Secretary shall transmit the concept plat to the Site Plan Review Advisory Board, the Planning Board and designated officials and agencies, including but not limited to the Planning Board Engineer, the Township Planner and the Municipal Utilities Authority for their review and report thereon. The applicant may be called to explain, amplify or discuss the plan with any of the reviewing boards or individuals.

(3) 

The Planning Board will receive and review the reports from the reviewing bodies and/or individuals and meet with the developer within 45 days of the date of receipt of the concept plat. The applicant is not required to amend the concept plat until after discussion of same with the Planning Board as all conditions and recommendations prior thereto are purely advisory. The Planning Board shall have an additional 45 days from the date of the meeting with the developer or such additional time as agreed to between parties to review, give advise and make recommendations concerning the concept plat.

(4) 

Prior to the expiration of 90 days from the date of submission of the concept plat, the Planning Board shall advise the developer, in writing, as to the changes, conditions and restrictions with respect to the concept plat. The developer shall then revise his concept plat and resubmit it to the Board, which shall have 30 days for review and approval prior to submission by the developer of the preliminary plat.

(5) 

A copy of the proposed occupancy restrictions imposing the minimum age limitation shall also be submitted together with the concept plat, which restrictions shall be included within any covenants or agreements to be executed with or approved by the Township Council. In addition, covenants, restrictions and agreements as proposed by the developer for the homeowners' association and for garbage collection, trash collection and snow removal and maintenance of roadways, such as is to be done by either the developer or the homeowners' association, shall be submitted.

(6) 

Agreements are to be clearly stated as to proposed areas, such as roadways, which are intended to be dedicated to the Township as opposed to those areas and/or services which are to be retained and rendered by either the landowner-developer or the homeowners' association.

B. 

Preliminary plat.

(1) 

Upon review and approval of revised concept plat, the Planning Board shall set a date for a public hearing. The date set for the hearing shall be given the applicant after consultation with the Secretary of the Planning Board and Chairman thereof. A preliminary plat shall be filed at a regular meeting of the Planning Board prior to the date set for the hearing. The date set for the hearing shall not exceed 45 days from the date of receipt of the preliminary plat.

(2) 

The Planning Board shall hold the public hearing upon due notice and shall act on the preliminary plat within 95 days after the public hearing. However, the Planning Board shall not act upon the preliminary plat prior to the expiration of a thirty-day period within which the Township Municipal Utilities Authority may review the preliminary plat and furnish the Planning Board with recommendations. This provision may be waived unilaterally by the Township Municipal Utilities Authority by submission of a report prior thereto or without the necessity of submission of a report. Failure on the part of the Planning Board to act upon the plat within the required ninety-five-day period from the public hearing shall constitute a favorable recommendation of tentative approval to the governing body.

C. 

Application to County Planning Board. Prior to any step in the herein contained procedure where approval of the County Planning Board is required, the applicant shall have submitted his plat to the Burlington County Planning Board for its approval, disapproval or recommendations, and the County Board's approval shall be denoted on the plat presented to the Township by the applicant. The time within which the Township Planning Board has to consider the tendered plat shall not commence until the applicant has complied with this provision and the Board is in receipt of both the County Planning Board approval and recommendations and a regularly submitted plat.

D. 

Notice of public hearing on preliminary plat.

(1) 

The applicant shall notify by mail at least 10 days prior to the hearing all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax records of each municipality involved. Said notice shall be sent by registered or certified mail with return receipt. The notice of the hearing shall contain a brief description of the property involved, a statement as to its location, a list of the maps and other documents to be considered and a summary statement of the matters to be heard. Copies of the maps and other documents to be considered at the hearing shall be filed at the office of the Municipal Clerk. Such copies shall be made available at such office for public inspection. The notice shall also state the time, place and date of the hearing, and a certified true copy of the notice served shall be submitted at the hearing, together with an affidavit made by the applicant showing the parties served and the date and manner of service. The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing, and an affidavit of such publication shall be submitted at the hearing.

(2) 

Whenever a hearing is required with respect to planning or approval of developments involving property situated within 200 feet of an adjoining municipality and notice of said hearing is required to be given, the person giving such notice shall also, at least 10 days prior to the hearing, give notice, in writing, of such hearing by registered or certified mail to the Clerk of such municipality. Said notice of hearing shall contain a brief description of the property involved, its location and a concise statement of the matters to be heard.

(3) 

Whenever a hearing is required in respect to planning or approval of developments involving property abutting upon or adjacent to a state highway or county road and notice of said hearing is required to be given, the person giving such notice shall also, at least 10 days prior to the hearing, give notice, in writing, of such hearing by registered or certified mail to the Commissioner of Transportation, in the case of a state highway, and to the County Planning Board, in the case of a county road. The said notice of hearing shall contain a brief description of the property involved, its location and concise statement of the matters to be heard.

E. 

Township Engineer review. The Township Engineer shall forward to the Secretary of the Planning Board a written report stating the design adequacy of all proposed improvements, including but not limited to streets, utilities, grading and drainage, together with any recommendations for improvement or modification.

F. 

Tentative approval granted.

(1) 

If the Planning Board acts favorably on a preliminary plat, the plat shall be revised by the applicant to reflect all conditions of approval, and it shall be reviewed by the Planning Board Engineer for compliance. A notation of the Planning Board approval shall then be made on the plat, after which it shall be referred to the governing body for action. The governing body shall take action under this section not later than the second regular meeting after the Planning Board submits the plat to the Municipal Clerk for transmission to the governing body or within such further time as applying party may agree to.

(2) 

The Secretary of the Planning Board shall notify, in writing, all persons or agencies to whom copies of the plat were sent of the action taken by the Planning Board.

(3) 

Tentative approval shall confer upon the applicant the following rights for a three-year period from the date of such approval:

(a) 

That the general terms and conditions under which tentative approval was granted will not be changed.

(b) 

That said applicant may submit on or before the expiration date the whole or part or parts of said plat for final approval.

G. 

Submission of final plat.

(1) 

The final plat shall be submitted to the Secretary of the Planning Board for final approval within three years from the date of tentative approval of the preliminary plat. The three-year period may not be extended. Failure to submit the final plat within such period shall require submission of a new preliminary plat. The final plat shall be prepared in accordance with the existing provisions of the Mount Laurel Land Subdivision Ordinance and Site Plan Review Ordinance and shall be accompanied by a landscaping plan. The final plat may be submitted by the applicant in sections.

Editor's Note: See Ch. 138, Subdivision of Land, and Ch. 124, Site Plan Review, respectively.

(2) 

One translucent tracing cloth or plastic film reproducible, two cloth-backed prints and 12 black-on-white prints shall be submitted to the Secretary of the Planning Board at least 30 days prior to the date of a regular Planning Board meeting, together with any additional documentation required.

(3) 

Before approval of a final plat, the applicant will have installed the improvements required or the Planning Board shall have required the posting of adequate performance guaranties in keeping with the estimate of improvement costs as prepared by the Township Engineer. Said improvements shall be governed by the applicable section of the Township Land Subdivision Ordinance (currently Article V, Improvements). Said performance guaranty shall have been reviewed and have the approval of the Township Solicitor as to both form and amount. The time limit on the installation of the required improvements under the performance guaranty shall not exceed 24 months from the date of posting.

H. 

Engineer review. The final plat shall be accompanied by a written report from the Township Engineer.

I. 

Planning Board review.

(1) 

The Planning Board shall act upon the final plat within 45 days after the submission of the final plat for approval to the Secretary of the Planning Board or within such further time as the applying party may agree to.

(2) 

Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the Secretary of the Planning Board shall issue a certificate to that effect.

J. 

Disapproval of final plat. If, for any reason, the final plat shall be disapproved by the Planning Board, a letter from the Chairman of the Planning Board stating the reasons for disapproval shall be given to the applicant.

K. 

Approval of final plat.

(1) 

If the final plat is approved by the Planning Board, a notation to that effect shall be made on the plat and shall be signed by the Chairman of the Planning Board, the owner, registered land surveyor and Township Engineer and forwarded to the governing body for approval. The governing body shall take action under this section not later than the second regular meeting after the Planning Board submits the plat to the Municipal Clerk for transmission to the governing body or within such further time as the applying party may agree to. Otherwise, such plat shall be deemed to have been approved, and the certificate of the Municipal Clerk as to the date of the submission of the plat for approval by the governing body and as to the failure of the governing body to act on not later than the second regular meeting or such further time as agreed to by the applying party shall be issued on request of the owner or its agent and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. If the governing body disapproves any plat, the findings and reasons for such action shall be stated upon the records of the governing body, and the applicant shall be given a copy.

(2) 

Final plat approval shall confer upon the applicant the Township's ultimate approval of the development of the PARC and shall include as part of such approval, subdivision approval, if same is necessary, and site plan approval.

L. 

Filing with county recording officer. After final approval of the Planning Board and the Township Council, the original tracing and a cloth-backed copy of the final plat shall be filed by the subdivider with the county recording officer within 90 days from the date of such approval. If any plat is not filed within this period, the approval shall expire. The governing body for good cause shown may extend the time for plat filing for a period not to exceed 90 days.