§ 184-62. Minor subdivisions.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to minor subdivisions:

A. 

If an application for minor subdivision approval is classified as other than a minor subdivision, the applicant will be so notified. No further action by the Board will be required, and the applicant will be required to follow the procedures contained herein for filing an application for preliminary and final major subdivision approval.

B. 

In reviewing a minor subdivision application, the Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the Map Filing Law.

C. 

A minor subdivision shall be referred to the Subdivision Committee for review and recommendations; then it shall proceed for consideration before the Board for a hearing. In the event variances are required, notices shall be given to all property owners within 200 feet in all directions of the property which is the subject of such hearing, pursuant to the notice requirements referenced in § 184-25.

D. 

Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition any such approval on terms ensuring the provision of improvements pursuant to §§ 184-70 and/or 184-71.

E. 

If the application is approved, and if all conditions have been fulfilled, the applicant shall, within 190 days of the fulfillment of all such conditions, submit his or her deed or plan for signature by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guarantees that may be required pursuant to § 184-69. If the deed or plat is not submitted within said one-hundred-ninety-day period, any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said one-hundred-ninety-day period within the reasonable exercise of the Board's judgment.

F. 

Prior to the Board returning the signed minor subdivision plat or deed to the applicant, the applicant shall submit three copies of the approved plat or deed to the Secretary.

G. 

Except as provided otherwise below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of Borough approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. No subdivision plat will be accepted for filing by the County Clerk until the plat has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued pursuant to § 184-74.

H. 

The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the 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 Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

I. 

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.