1. The Administrative Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

a. If said application is found to contain all of the information required by a checklist adopted as part of this Land Development Ordinance and attached hereto following § 807: Submission of Optional General Development Plans for Planned Developments of this ordinance, the Administrative Officer shall certify that said application is complete and direct the application to the appropriate Board.

b. If said application is found to lack some of the information required by the checklist adopted as part of this Land Development Ordinance and attached hereto following § 807: Submission of Optional General Development Plans for Planned Developments of this ordinance, the Administrative Officer shall either:

(1) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(2) If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board or Zoning Board of Adjustment, as the case may be, shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.
 

c. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Subsections 804.E.1.a or 804.E.1.b hereinabove.

d. In the event the Administrative Officer fails to act pursuant to Subsections 804.E.1.a or 804.E.1.b hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

2. On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application, in the event the Administrative Officer fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this ordinance, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

3. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

It shall be the applicant's responsibility, unless specifically provided otherwise by this ordinance, to submit the required application to any agency (including but not limited to the Burlington County Planning Board, the Burlington County Board of Health, the Burlington County Soil Conservation District, the Pinelands Commission and the New Jersey State Department of Environmental Protection) having jurisdiction over any aspect of the proposed development.

4. The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § DR-801A.2 of this ordinance shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

5. The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § DR-801A.2 of this ordinance shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

6. The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsections E.4 and E.5 hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and § DR-702D of this ordinance, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

7. The designated professional Staff shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this ordinance. The Township Staff may review the application at the Sub-Staff meeting and the full Planning Staff may review the application at its meeting. Subsequently, the professionals will perform a detailed review of the application and issue written reviews to the Township and applicant. The Staff shall offer its recommendations to the Board.

8. Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

9. In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

a. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in SECTION 400: District Regulations and SECTION 600: Exceptions, Modifications, Conditional Uses and Planned Developments of this ordinance, as the case may be, pursuant to N.J.S.A. 40:55D-65c.
b. That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate.
c. That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
d. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
e. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

10. All hearings held on applications for preliminary major subdivision approval and/or preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see§ DR-706D). Alternate design submissions will not be accepted; only one plat design will be accepted for public hearing.

11. For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered by the Planning Board.

12. If the Board acts favorably on the preliminary plat or plan, the Board Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

13. Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board Engineer and Planner to verify conformity with the Resolution of Approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan should then be signed by the Board Engineer. Two copies will be sent to the Township and one copy will be returned to the applicant. After the final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Township. The plans will be stamped approved and distributed to Staff with one set returned to the applicant.

14. Notice of any grant or denial of preliminary site plan or subdivision approval or any other preliminary approval of any application for development provided for by the Municipal Land Use Law or any County or Township Ordinance shall be given to the Pinelands Commission by the Township, by certified mail, within five days following such grant or approval in accordance with N.J.A.C. 7:50-4.18 (d).

15. Any substantial plan revision required by an outside reviewing agency, including the County Planning Board or Pinelands Commission, after final action by the Planning Board, will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

16. If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 706.F of this ordinance setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

17. No person shall carry out development within the Pinelands Area without obtaining approval in accordance with the following procedures and § DR-802E and § 808: Pinelands Area Application Requirements of this ordinance:

a. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Pinelands Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

b. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

(1) Notification is received from the Pinelands Commission that review of the Township's approval is not required.
(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32 and a final order regarding the approval is received by the Township from the Pinelands Commission.

c. If the Pinelands Commission disapproves an application for development previously approved by the Township, such approval shall be revoked by the Township within 30 days of the Commission's action, and the Township shall thereafter deny approval of the application. If the Commission approves the decision of the Township subject to conditions, the Township approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

F. Effect of Preliminary Approval of Major Subdivision Plats and Major Site Plans. See § DR-804F for detailed information.