N.J. Admin. Code § 19:5-5.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:5-5.6 - Preliminary plat procedure

(a) The applicant shall file an application for preliminary plat approval with the NJMC within 18 months after the submission of the sketch plat pertaining to the preliminary plat and within five days of submitting an application for preliminary plat approval to the municipal approval authority.

(b) Applications for preliminary plat approval shall include the following:

1. A complete application form, signed by the applicant and the property owner, containing the following major components:

i. Applicant information;

ii. Property description, location, proposed subdivision, and ownership information; and

iii. Specification of whether a major or minor subdivision classification is requested;

2. The required preliminary plat fee, in accordance with N.J.A.C. 19:4-11;

3. Ten copies of the proposed preliminary plat prepared in accordance with this chapter; and

4. Such additional information and documents as may be required by N.J.A.C. 19:5-7.

(c) Upon receipt of a complete application for preliminary plat approval, the NJMC shall:

1. Review the preliminary plat and the reports and recommendations of the municipal approval authority and other agencies having jurisdiction;

2. Hold a public hearing on the preliminary plat in accordance with 19:4-4.1 7; and

3. Determine, based on the record of the hearing and the documentation submitted, whether the preliminary plat meets the provisions of the NJMC Master Plan, any applicable NJMC redevelopment plan, and this chapter.

(d) If the considerations of (c) above are satisfied, the Chief Engineer shall approve the preliminary plat.

(e) If the Chief Engineer determines that the preliminary plat does not satisfy the considerations of (c) above:

1. The Chief Engineer may suggest modifications to the plat. In such event:

i. The applicant may amend the preliminary plat in accordance with the modifications suggested by the Chief Engineer and resubmit the plat. If the amended plat is deemed to satisfy the considerations of (c) above, the Chief Engineer shall approve same; or

ii. The applicant may reject the suggested modifications, or, within the time allowed for action by the Chief Engineer, may refrain from taking any action thereon. In either event, the preliminary plat shall be deemed to have been disapproved, and the Chief Engineer shall notify the applicant in accordance with (f) below.

2. If the Chief Engineer determines that the preliminary plat does not satisfy the considerations of (c) above and that modifications would be too extensive or impracticable, the Chief Engineer shall disapprove the preliminary plat and notify the applicant in accordance with (f) below.

(f) If the preliminary plat is disapproved, within 10 days thereof, the Chief Engineer shall notify the applicant in writing of the reasons for disapproval.

(g) If the preliminary plat is approved by the Chief Engineer, a notation to that effect shall be affixed on the plat by the Chief Engineer and transmit copies to the applicant and the municipal approval authority. If the preliminary plat is approved with modifications, the applicant shall resubmit a preliminary plat incorporating the modifications to the NJMC within 90 days of the date of such approval.

(h) The foregoing provisions to the contrary notwithstanding, the Chief Engineer shall approve or disapprove the preliminary plat within 90 days from the date of the filing of such plat, or from the date the applicant has submitted the last item of required data, whichever date is later, unless such time is extended by mutual consent.

(i) If the NJMC fails to proceed with review of the preliminary plat within 45 days of the date of receipt of a complete application in accordance with (b) above, such preliminary plat shall be deemed to have been approved unless the applicant shall have consented to extend or waive such time limitation.

(j) Approval of the preliminary plat shall not constitute approval of the subdivision by the Chief Engineer, but shall confer the following rights upon the applicant for a three-year period from the date of preliminary approval:

1. The general terms and conditions upon which the preliminary approval was granted will not be changed; and

2. The applicant may submit on or before the expiration date the whole or part(s) of said plat for final approval.

(k) If a final plat is not submitted to the NJMC within such three-year period, the preliminary plat and appropriate fee shall be resubmitted to the NJMC as if such plat had never been approved.

N.J. Admin. Code § 19:5-5.6