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40:55D-37 - Grant of power;  referral of proposed ordinance;  county planning board approval

40:55D-37.  Grant of power;  referral of proposed ordinance;  county planning board approval
    a.  The governing body may by ordinance require approval of subdivision plats by resolution of the planning board as a condition for the filing of such  plats with the county recording officer and approval of site plans by resolution of the planning board as a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for  detached one or two dwelling-unit buildings shall be exempt from such site plan  review and approval;  provided that the resolution of the board of adjustment  shall substitute for that of the planning board whenever the board of  adjustment has jurisdiction over a subdivision or site plan pursuant to subsection 63b. of this act.

    b.  Prior to the hearing on adoption of an ordinance providing for planning  board approval of either subdivisions or site plans or both or any amendment  thereto, the governing body shall refer any such proposed ordinance or  amendment thereto to the planning board pursuant to subsection 17a. of this  act.

    c.  Each application for subdivision approval, where required pursuant to section 5 of P.L.1968, c. 285 (C. 40:27-6.3), and each application for site plan approval, where required pursuant to section 8 of P.L.1968, c. 285 (C. 40:27-6.6) shall be submitted by the applicant to the county planning board for  review or approval, as required by the aforesaid sections, and the municipal  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.

     L.1975, c. 291, s. 28, eff. Aug. 1, 1976.
 

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