The various rules and regulations contained herein are meant to enable processing of various development applications in accordance with procedures and objectives as established in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
A. 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Planning/Zoning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning/Zoning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.
B. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use provided such request shall be made to the Township Committee within 10 days of final approval. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision or site plan approval caused by the reservation. Payment for one year compensation shall be based upon the applicant requesting of the Township Committee no greater than 5% of the current assessed value of the land so reserved.
The Planning/Zoning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning/Zoning Board, or the Planning/Zoning Board being required to hold further hearings. The longest time period for action by the Planning/Zoning Board, whether it be for subdivision, conditional use or site plan approval shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this section, notice of the hearing on the plat or site plan shall include reference to the request for such conditional use.
A. 
When necessary hearings shall be required as part of approval for all applications for development.
B. 
Maps and documents and exhibits on file. A complete set of maps, documents and exhibits shall be on file at the office of the Planning/Zoning Board at least 10 days prior to the date of the noticed hearing.
C. 
Public notice of application.
(1) 
When required. A public notice shall be required for preliminary approval of all major subdivision applications, approval of all minor site plan and minor subdivision applications requiring a zoning variance to be granted by the Planning/Zoning Board, and of all site plan applications.
(2) 
Such notice shall be required as part of a development application's requirements for a determination of completeness. Failure to provide such notice shall deem an application incomplete, irrespective of its conformity with applicable Township ordinance requirements.
(3) 
Contents of notice, to whom required and how served. Notice requirements for hearings, contents of such notices, to whom required and how served shall be in accordance with such requirements as stipulated in N.J.S.A. 40:55D:12.
D. 
Transcript of hearings. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall arrange for the reporter's attendance.
A. 
Decisions to be in writing and contain findings and conclusions. Each decision of the Planning/Zoning Board on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
B. 
County Planning Board approval. Whenever review or approval of any application by the County Planning Board is required, the Planning/Zoning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
C. 
Developments barred by administrative or judicial order. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent Jurisdiction to protect the public health and welfare, the Planning/Zoning Board shall process such application for development in accordance with this chapter, and if such application complies with the requirements of this chapter, the Planning/Zoning Board shall approve such application conditioned on removal of such legal barrier to development.
D. 
Approval by other governmental agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning/Zoning Board, the Planning/Zoning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.
E. 
Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning/Zoning Board, within 10 days after the date of decision, to the applicant, or if represented then to his or her attorney, without separate charge, and to all others upon request for a fee as noted in § 90-4.37.
F. 
Filing in office of Planning/Zoning Board Secretary. A copy of each decision shall also be filed by the Planning/Zoning Board in the office of the Planning/Zoning Board Secretary who shall make a copy of the filed decision available to any interested party for a fee as noted in § 90-4.37 and available for public inspection at this office during reasonable hours.
G. 
Publication. A brief notice of each decision shall be published by the Planning/Zoning Board Secretary and the Township may make a reasonable charge for such publication. The applicant, also, may cause such publication to be made if he or she so desires. The time for appeal from the decision shall run from the first publication, whether made by the Planning/Zoning Board Secretary or the applicant.
H. 
Time for decision on applications to Planning/Zoning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning/Zoning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days, and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Planning/Zoning Board Secretary except as otherwise provided in § 90-4.07J through N.
I. 
Time for decision on applications to Planning/Zoning Board for minor subdivision approval and final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications to the Planning/Zoning Board within 45 days after the date of submission of a complete application to the Planning/Zoning Board Secretary except as otherwise provided in § 90-4.07J through N.
J. 
Time for decision when Planning/Zoning Board reviews conditional uses or site plans simultaneously with subdivisions. Whenever the Planning/Zoning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.
K. 
Time for decision when Planning/Zoning Board reviews applications for subdivision, site plan or conditional use approval that includes request for variance. Whenever an application to the Planning/Zoning Board for approval of a subdivision plat, site plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning/Zoning Board shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the Planning/Zoning Board Secretary. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter.
L. 
Time for decision when Planning/Zoning Board reviews application for conditional use that includes request for site plan approval. Whenever the Planning/Zoning Board reviews an application for conditional use that includes a request for site plan approval, the Planning/Zoning Board shall grant or deny approval of the application within 95 days after the date of submission of a complete application to the Planning/Zoning Board Secretary.
M. 
Time for decision when Planning/Zoning Board reviews subdivision, site plan or conditional use in conjunction with use variance. Whenever an application is made to the Planning/Zoning Board for subdivision, site plan or conditional use approval in conjunction with the board's review of a use variance, the Planning/Zoning Board shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the Planning/Zoning Board Secretary.
N. 
Extension of time for decision. Any time period for action by the Planning/Zoning Board may be extended with the consent of the applicant or appellant.
O. 
Failure to make decision within time. The failure of the Planning/Zoning Board to act within such time period or extension thereof shall constitute approval of the application. Such approval shall only be valid if in accordance with the requirements of N.J.S.A. 40:55D-10.4.
A. 
A corporation or partnership applying to the Planning/Zoning Board for permission to subdivide a parcel of land into six more lots or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B. 
Disclosure of 10% ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to § 90-4.08A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this chapter, have been listed.
C. 
Disapproval of application. The Planning/Zoning Board or governing body shall not approve the application of any corporation or partnership which does not comply with § 90-4.08A or B.
D. 
Penalty. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
A. 
Display of sales map. All developers who have obtained final approval for a major subdivision consisting of 10 or more building lots shall maintain a sales office upon the issuance of the first construction permit and display therein in a prominent fashion the officially approved preliminary plat and the final plat and in addition thereto a sales map which may be observed and reviewed by any and all persons calling at such office.
B. 
Basis of sales map. The sales map shall be based upon the final plat as well as official Tax Map information at a scale of not more than 100 feet to the inch. The map shall show the development plan and all land contiguous thereto for a distance of 2,000 feet within or without the Township.
C. 
Provisions of sales map. The sales map shall clearly show and include for that area within 2,000 feet of the development the following information:
(1) 
The location of connector streets to the proposed street(s) within the development.
(2) 
The location of all state, county and municipal roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are evidenced upon the Township Master Plan or Gloucester County Master Plan or State Transportation Master Plan, the same shall be indicated upon the sales map.
(3) 
The location of all railroads, rights-of-way, airports, heliports and airport runways, overhead easements for transmission of power or otherwise, rights-of-way for public utilities, and location of public utility plans.
(4) 
The location of all sanitary landfill operations which are in existence, proposed or which have been closed.
(5) 
The location of all existing and proposed in accordance with the Master Plan schools, parks, playgrounds, open space and public buildings.
(6) 
The location of all streams, ponds, floodplains, stormwater facilities, greenbelts and watercourses, wetlands and wetland transition areas.
D. 
Waiver of restrictions with notation. All zoning restrictions or improvements applicable to the development shall be shown with notation as to which restrictions have been waived, relaxed or varied by a Township agency.
E. 
Zoning district classification. All contiguous property to the tract shall have prominently displayed thereon the zoning district classification, whether such property is within or without the Township as well as any Township restrictions on construction of accessory structures.
F. 
Property taxes displayed. There shall be displayed upon said sales map a reasonable estimate of the amount of property taxes to be levied upon the proposed property to be sold in the upcoming year.
A. 
Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval. The fulfillment of all conditions precedent 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 or zoning permit be issued.
B. 
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 conditions within six months from the date of the resolution memorializing final approval of the application for development shall be grounds for the 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.
C. 
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 an ex parte application, an extension of time for good cause shown.
D. 
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.