Article XIII Review and Approval

In cases in which a development has no direct access to a public street, improved and meeting the standards of N.J.S.A. 40:55D-34 and 40:55D-35, the municipal agency may, nevertheless, grant plat approval if otherwise meeting the requirements of this chapter if the developer shall acquire, improve and dedicate to the Township such street between the development and an existing improved public street as shall be approved by the municipal agency and the Mayor and governing body. Such off-tract connections shall be subject to the provisions of this Article as if they were required improvements for the development. The dedication thereof shall be subject to approval of the Township Solicitor as to form. The provisions of this section shall be applicable only upon the request of the developer.

In cases in which surface or other drainage waters are to be diverted from the proposed development into other drainage facilities, ditches or stormwater systems or onto other lands or onto any street or roadways and it appears that such off-tract facilities are not adequate to accommodate the additional waters from the site of the applicant or the volume in which the water from the site of the applicant will be discharged or that the changes in grade on site or diversion of surface waters therefrom will be likely to cause damages to other properties or facilities so that provision is required to extend or enlarge or create publicly controlled drainage facilities off tract, and the need for such additional, enlarged and/or new off-tract facilities is occasioned by the needs of the applicant and the proposed development, and that the costs of such additional, enlarged or new facilities will not be an unreasonable burden upon the applicant if borne solely by the applicant in the light of the relationship of such costs to the entire project of the applicant, the municipal agency may, nevertheless, grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities, as the case may be, as shall be approved by the municipal agency and the Mayor and governing body. Such off-tract drainage improvements shall be subject to the provisions of this Article as if they were required improvements within the development. The dedication thereof shall be subject to approval of the Township Solicitor as to form. In lieu of the developer's performing such off-tract drainage work, the developer and the Mayor and governing body may enter into an agreement for such work to be performed by the Township or its contractors at the costs of the developer. The provisions of this section shall be applicable only upon the request of the developer.

Determination of off-tract improvements by municipal agency. Where the municipal agency shall determine that off-tract improvements would be essential to the development, as set forth in Subsection A(1) and (2) above, and particularly where the off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties, including the property of the developer specially benefited thereby, then the provisions of this subsection shall apply as follows:

At such time during the processing of the development application as the desirability of such off-tract improvements shall become apparent to the municipal agency, but in no event beyond the time for the action on the preliminary plat, the municipal agency shall refer the matter of off-tract improvements to the Mayor and governing body, with recommendations to the Mayor and governing body with regard thereto.

If the Mayor and governing body agrees that the matter should be considered, then the Township Engineer or other authority retained by the Mayor and governing body for such purpose shall determine the nature of the off-tract improvements required or likely to be required in the area, including the following:

(a)

The needs created by the applicant's proposed on-site construction or work.

(b)

The then-existing needs in the area, notwithstanding any work of the applicant.

(c)

The reasonable anticipated improvements or foreseeable work on other lands in the area.

Said Engineer or other authority shall determine the total estimated costs of such estimated work, including all costs which would be included in any local improvement ordinance which said Township would be authorized to adopt for said project and including construction costs, engineering costs, costs of any easement or right-of-way acquisition, legal and advertising costs, contingencies and bonding and assessment costs.

Said Engineer or other authority shall further determine from the nature of the area and the nature of the work and estimated costs the anticipated amount that the lands of the applicant would be expected to be assessed under local improvement procedures pursuant to N.J.S.A. 40:56-21 et seq., as the same may be amended and supplemented from time to time.

(5)

The Engineer or other authority shall report to the Mayor and governing body the scope of the recommended project, the estimated total costs, as computed under Subsection B(3) above, and the estimated share of the subdivider, as computed under Subsection B(4) above.

(6)

Based upon the report of the Engineer or other authority, as aforesaid, and the recommendations of the municipal agency, the Mayor and governing body shall determine whether to undertake such off-tract improvements or portions thereof as a local improvement, the costs of which will be specially assessed against properties benefited thereby in proportion to and not in excess of the benefits received, pursuant to N.J.S.A. 40:56-1 et seq.

(7)

If the determination of the Mayor and governing body shall be that the governing body will not adopt such ordinance for the making of such improvements as a local improvement, the final development layout shall be designed accordingly, and the municipal agency shall base its further proceedings upon such determination.

(8)

If the determination of the Mayor and governing body shall be that the governing body shall proceed to adopt such local improvement ordinance, it shall proceed in the following manner:

(a)

If sufficient Township funds are available for the initial appropriation required for said ordinance, the governing body may proceed to appropriate such funds and adopt such ordinance, and all subsequent proceedings for the making and for the assessment of the costs of the off-tract improvements shall be in accordance with such ordinance and the aforesaid statutes of New Jersey and the final development layout shall be compatible with the off-tract improvements, and the municipal agency shall proceed accordingly.

(b)

If sufficient Township funds are not available for the initial appropriation required for said ordinance, the Mayor and governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed, accepting the recommendations of the Township Engineer or other authority under Subsection B(4) above or making its own determination as to such estimated amount.

§ 91-58 Proposed vacation of existing street.

The amount so determined by the Mayor and governing body shall then be deposited by the applicant with the Township Chief Financial Officer prior to final approval of the development and prior to introduction of such local improvement ordinance.

[2]

Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of same, which shall include the following stipulations:

[a]

That said funds shall be used by the Township solely for the construction of such off-tract improvements as specified in said agreement and for the other expenses incidental thereto, as more particularly set forth in Subsection B(3) above, and the acquisition of any easements or right-of-way in connection therewith.

[b]

That such deposit may be appropriated by the Township, with other funds of the Township, toward the accomplishment of such purposes and, in that connection, may be commingled with such other funds so appropriated and may be expended by the Township in connection with such purposes.

[c]

That if such deposit is not used by the Township within a specified time agreed upon by the applicant, said funds shall be returned to the applicant.

[d]

That, upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of the applicant.

[e]

That such deposit of the applicant shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof.

[f]

That if such deposit shall have been less than the amount ultimately assessed and confirmed against such property, then the then owner or owners of said property shall pay the difference between the deposit and such assessment, or if the deposit shall exceed the amount so assessed and confirmed, the excess shall be refunded to the applicant, without interest.

(c)

In any case where, although the off-tract improvement may not be found to be the type of essential off-tract improvements as defined in Subsection A(1) or (2) hereof, said off-tract improvements are found by the municipal agency to be advisable and important to the sound development of the site and the governing body has concurred in said findings and has determined to proceed in accordance with Subsection B(8) hereof, particularly Subsection B(8)(b)[1] and [2] above, but the developer is unwilling to make such deposit as specified thereunder, then, and in that event, there shall be no final approval of said development until funds become available for the initial appropriation required to adopt the local improvement ordinance.

(d)

The determination of the availability of Township funds for appropriation to a local improvement ordinance, as provided in Subsection B(8)(b) and (c) above, shall be in the sole discretion of the governing body.

(9)

The determination of the governing body as to whether to proceed toward the adoption of a local improvement ordinance under Subsection B(7) or B(8) above shall be made as soon as practicable after referral by the municipal agency, but, in any case, the governing body shall make such determination within a sixty-day period, or within such time as extended, the municipal agency may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.

Any applicant for development whose plans show a proposed vacation of an existing street shall include with his application to the municipal agency a notice to Township Council of intent to request vacation of the street. The notice shall be on a form provided by the Clerk of the municipal agency. Any application for development showing a proposed street vacation that does not include the aforesaid notice shall be deemed incomplete.

The municipal agency shall condition preliminary approval of any application for development showing a proposed street vacation on the vacation of such street by formal action of Township Council.

Prior to making application for final land use approval, an applicant proposing vacation of a street shall apply to the Township Council for vacation of the street and shall amend the final plans in accordance with any ordinance Council may adopt on vacation of the street. Such application to Council shall be made on a form provided by the Clerk of the municipal agency, shall be accompanied by the appropriate application fee and professional review escrow, and shall include a legal description of the street proposed for vacation. An application for final land use approval that proposes vacation of a street that is not made in accordance with this section shall be deemed incomplete.

§ 91-59 Establishment and maintenance of open space.

The Township may, at any time and from time to time, accept the dedication of land for public use and maintenance or any interest therein required to be set aside, designated and reserved for the use and enjoyment of owners and occupants of land adjoining or neighboring such land as a condition of approval of planned unit development, planned unit residential development or residential cluster, but such dedication shall not be required by the municipal agency.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a development if said open space is not dedicated to the Township. Such organization shall not be dissolved and shall not dispose of any open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved nor dispose of any of its open space without first offering to dedicate the same to the Township.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 but not less than seven days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 65 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the governing body shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any case shall constitute a final administrative decision, subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and the cost shall become a lien and tax on said properties and be added to and be a part of the tax to be levied and assessed thereon and enforced and collected, with interest, by the same officers and in the same manner as other taxes.

§ 91-60 Preliminary approval; waiver of site plan approval; amendment of application; informal review.

Site plans.

Upon the submission to the Administrative Officer of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to§ 91-33 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within some further time as may be consented to by the applicant.

Upon the submission of a complete application for a site plan of more than 10 acres or more than 10 dwelling units, or for a conditional use approval, the Planning Board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Subdivisions.

Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 91-67 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to§ 91-33 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

§ 91-61 Public notice of certain site plans required.

Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.

The Planning Board may waive site plan approval requirements if it finds, after application and hearing, that the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. An applicant requesting a waiver of site plan approval shall submit building plans and other drawings and information sufficient to enable the Planning Board to make a informed decision as to whether the waiver should be granted. The applicant shall pay the fees set forth for minor site plans in § 91-24.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited by his submission of a sketch plat, and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

Public notice shall be given by all applicants for major site plan approval. A public notice is not required for minor site plan applications.

§ 91-62 Rights conferred under preliminary approval.

Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading, screening, landscaping and location of structures; and exterior lighting, both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the Township from modifying by ordinance, such general terms and conditions of preliminary approval as relates to public health and safety.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan.

That on or before the expiration of preliminary approval the applicant may apply for and the municipal agency may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision or site plan for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the municipal agency may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

Standards for granting final approval in sections. Unless an applicant shows good cause why less restrictive standards should apply, the municipal agency shall require the following standards to be met for granting final approval to a section or sections of the preliminary subdivision plat or site plan:

[Added 5-5-1999 by Ord. No. 1999-9]

The gross area of land to be developed shall not be less than 40 acres;

Each section shall not be less than 25 acres in area and, in the case of a subdivision, shall contain not fewer than 50 building lots;

Not more than 4 sections shall be approved;

§ 91-64 Exceptions from requirements; simultaneous review and approval.

All infrastructure (streets, curbs, sidewalks, water and sewer lines, drainage facilities and utility service) required to serve the development within a section shall be included within that section; and

(5)

Each section shall be designed both so as to stand alone in the event that development of the entire tract is not completed, and so as to be integrated into the development of the entire tract and adjoining tracts related to it.

§ 91-63 Final approval.

The municipal agency shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9), provided that, in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer of the municipal agency or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the municipal agency as to failure of the municipal agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

A complete application for final approval shall consist of the information listed in § 91-53.

The municipal agency, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions for the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The municipal agency, when acting upon an application for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The municipal agency shall have the power to review and approve or deny conditional uses or site plans simultaneously with the review for subdivision approval without the developer being required to make further application to the municipal agency or the municipal agency's being required to hold further hearings. The longest time period for action by the municipal agency, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 91-65 Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 91-62 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 91-68 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 91-68 of this chapter, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 91-62 of this chapter for the section granted final approval.

In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the municipal agency may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 91-66 Performance and maintenance guaranties; surveyor's certification.

Before the recording of final subdivision plats or as a condition of final site plan approval, or as a condition of a zoning permit pursuant to § 91-33 of this chapter, the municipal agency may require and shall accept, in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements, the following:

The furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets; grading; pavement; gutters; curbs; sidewalks; streetlighting; shade trees; surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); water mains; culverts; storm sewers; sanitary sewers or other means of sewage disposal; drainage structures; erosion control and sedimentation control devices; public improvements of open space; and, in the case of site plans only, other on-site improvements and landscaping. The Township Engineer shall review the improvements required by the municipal agency which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of the performance guaranty and maintenance guaranty required by the municipal agency. The Township Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for said estimate.

Maintenance guaranty.

[Amended 10-1-2014 by Ord. No. 2014-21]

(a)

The furnishing of a maintenance guaranty, to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement shall be required for all public improvement projects. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

(b)

A two-year maintenance bond shall be required for projects with the following improvements:

§ 91-68 Recording and filing major subdivision plats.

Any public improvements:

[2]

Buffering and landscape;

[3]

Public safety improvements relating to fire, traffic and pedestrian safety:

[4]

Stormwater systems that link to or impact off-site facilities;

[5]

Water supply systems that provide firesafety or are directly connected to the Township water system:

[6]

Improvements that impact the public safety, health and welfare of the Township residents.

(c)

Upon completion of improvements in a good and workmanlike manner and in accordance with all rules, regulations, standards, specifications and ordinances of the Township of Florence, the Township will accept the improvements subject to the filing of as-built drawings, and not require the need to post a maintenance bond for certain improvement projects. The Township Engineer and the Township Water and Sewer Engineer shall have the discretion to determine whether a maintenance bond is required to be posted for projects pertaining to improvements on private property where the total cost of improvements does not exceed $500,000. When rendering his decision, the Township Engineer and/or the Township Water and Sewer Engineer shall consider the impact the improvements have on the public health, welfare and safety of the Township residents. Each improvement project will be reviewed on an individual basis for the need to post a maintenance bond as recommended by the Township Engineer and/or the Township Water and Sewer Engineer and approved by Township Council. The Township Engineer and/or the Township Water and Sewer Engineer shall continue to review each improvement project on an individual basis in order to determine the estimate of the cost of improvements for purposes of the performance guaranty.

The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the governing body by resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Township Administrator, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said municipal agency with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

If any portion of the required improvements are rejected, the municipal agency may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

The obligor shall reimburse the Township for all reasonable inspection fees paid the Township Engineer for the foregoing inspection of improvements.

During the construction of any building, no construction shall continue beyond the foundation of the building until such time as the developer or person constructing the building shall provide a certification to the Township of Florence from a licensed surveyor that the building under construction has been properly located in conformance with the approved site plan or, in the case where no site plan approval was required, in conformance with the setback lines governing the premises.

§ 91-67 Minor subdivisions.

The municipal agency shall waive notice and public hearing for an application for development if the Subdivision Committee of the municipal agency appointed by the Chairman finds that the application for development conforms to the definition of "minor subdivision" in § 91-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the municipal agency, provided that the municipal agency or said Subdivision Committee may condition such approval on terms ensuring the provision of improvements pursuant to Articles XIV through XX of this chapter.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the municipal agency or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the municipal agency as to the failure of the municipal agency to act shall be issued to the applicant on request, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Act, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

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 of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the county recording officer. The municipal agency may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the municipal agency or a copy of the certificate of the Secretary to the municipal agency indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the municipal agency shall not be affixed until the developer has posted the guaranties required pursuant to § 91-66 of this chapter.

§ 91-69 Transfer and/or sale of land prior to final approval prohibited; penalty.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such person shall be punishable as provided in § 91-16D, and each lot disposition so made may be deemed a separate violation.[1]

Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 91-70 of this chapter.

§ 91-70 Certificates of approval. [1]

Certificates of approval shall be required as provided in § 91-21.

Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 91-70.1 Conditional approvals.

[Added 5-5-1999 by Ord. No. 1999-9]

Conditions precedent.

Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, such conditional approval shall lapse and become null and void unless all specified conditions, other than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within 190 days of the date of conditional approval.

Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the municipal agency.

The fulfillment of all other conditions precedent shall forthwith be reported, in writing, to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.

When all conditions have been fulfilled with respect to any minor or major subdivision, applicant shall, within 30 days of the fulfillment of all such conditions, submit his deed or map for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54 or 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 such thirty-day period within the reasonable exercise of the municipal agency's judgment.

Conditions subsequent.

Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within 6 months from the date of adoption of the resolution memorializing the final approval of the application for development shall be grounds for issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.

Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon application not requiring public notice, an extension of time for good cause shown.

The fulfillment of all conditions shall be reported, in writing, to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.