A. 
Pursuant to the provisions of Section 28, P.L. 1975, c. 291 (N.J.S.A. 40:55D-37), approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the Office of the Burlington County Clerk. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, or change of use, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings and accessory buildings such as a private garage, toolhouse, private greenhouse incidental to residential uses 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 § 110-118D of this chapter.
B. 
Each application for subdivision approval, where required pursuant to N.J.S.A. 40:27-6.3 and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6 shall be submitted by the applicant to the Burlington County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or by its failure to report thereon within the required time period.
C. 
With respect to each applicable application, submission shall be made to the Pinelands Commission pursuant to § 110-21 of Article I of this chapter.
D. 
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for the development. Fees and escrows for such submission are set forth in the section of this chapter pertaining to fees and escrows.[1] The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. In the event that the developer desires review of the application for development by the professional staff of the Township, the developer shall request same, and the plan shall be of sufficient detail to enable the professionals designated to make the review required. Neither the developer, the Township, the Planning Board or the Township professionals shall be bound by any such review with the exception that any design requirements shall be as close as possible to the approved sketch plat and shall be changed by the municipality only for environmental or engineering considerations or conflict with other laws, not considered at the time of sketch plat review or because of changes in the plan submitted by the developer, or matters brought before the reviewing authority as a result of the public hearing.
[1]
Editor's Note: See § 110-19A of this chapter for schedule of fees and escrows.
E. 
Complete application of rules of general applicability with respect to the completeness of all applications are found in § 110-12 of Article I. Specific rules with respect to subdivisions and site plans are set forth in the following sections.
A. 
Any owner of land within Shamong Township shall prior to subdividing and resubdividing land defined or classified as a minor subdivision submit 10 prints of the plat of the proposed minor subdivision to the Administrative Officer of the Planning Board together with the other requisite elements for a complete application at or prior to the work session before the next regular meeting of the Planning Board at which the applicant wishes to be heard. The Administrative Officer of the Board shall then immediately forward copies of the plan to the appropriate municipal officials as designated by the Planning Board. An original and the required number of copies shall be transmitted to the Burlington County Planning Board by the owner for consideration and report, which shall be submitted to the secretary of the Planning Board.
B. 
At the next regular meeting, the Planning Board may take final action on the plan or take the application under advisement but approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
C. 
The Planning Board consultants shall submit their reports to the Planning Board at the regular meeting next following their receipt of a copy of the plan, provided that a reasonable time has been given to these officials to review the plan.
D. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the 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.
E. 
The Planning Board may, in appropriate cases, require the installation of such off-site, on-site, off-tract and on-tract improvements and design standards as necessary to protect the health, welfare and safety of the citizens of the Township. The owners shall have the option of installing such improvements or filing a performance guarantee, approved by the Township Solicitor, covering the costs of such improvements. No final approval shall be granted, nor shall any plan be signed, until either such improvements have been properly installed or the appropriate guarantees filed, as the case may be.
F. 
The applicant shall file a signed plan of such minor subdivision, in acceptable form, after approval with the Burlington County Planning Board.
G. 
The Secretary of the Planning Board shall then forward a properly signed copy of the plan to the Township Clerk, Township Engineer, Construction Code Official, Tax Assessor and Tax Collector, and also file the original and one copy of the plan in the Planning Board file for the particular application concerned.
H. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with approval granted by the Planning Board and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the applicant with the Clerk of Burlington County, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairman and Secretary of the Planning Board prior to filing.
A. 
Information required on plat for minor subdivision application. The plat submitted by an applicant for a minor subdivision approval shall contain the following information:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas, preferably at a scale of not less than 400 feet to the inch. The key map shall show not less than the following information:
(a) 
The location of the proposed subdivision to the nearest major arterial streets on all sides of the proposed subdivision. This information shall be obtained from the Tax Map of the Township, and the location of all streams within 500 feet of the tract or proposed subdivision.
(b) 
The plan shall conform to one of the following sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches or 30 inches by 42 inches.
(2) 
Certification of an engineer or licensed land surveyor as to accuracy of the details of the plat.
(3) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
(4) 
All easements, private and public.
(5) 
Existing zoning.
(6) 
The names of the owners of adjoining lots, Tax Map block and lot numbers as disclosed by the most recent tax records.
(7) 
The tract name, Tax Map block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of owner;
(b) 
Name and address of person preparing plan and map;
(c) 
Name and address of subdivider, if the person be other than the owner.
(8) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use and the purpose thereof, all lot lines with accurate dimensions, bearings or deflections, angles, radii, arc and central angles of all curves.
(9) 
Minimum front, side and rear building setback lines for each lot and on all other sites in the proposed subdivision.
(10) 
Location of all existing monuments.
(11) 
All streets or roads proposed, mapped or built within 500 feet of the subdivision.
(12) 
All lots being subdivided together with the boundary and acreage of the entire tract, and the number of new lots being created. The area of each lot shall be shown correct to within one square foot.
(13) 
All existing and proposed property lines within and immediately adjoining the tract and all lot lines to be eliminated. All lot lines shall be shown correct to one-hundredth of a foot.
(14) 
All existing buildings and structures and their uses, wooded areas, rock outcrops, isolated trees with a diameter of six inches or more measured five feet above ground level. All streams, lakes, drainage rights-of-way, and streets within the limits of the tract being subdivided and within 500 feet thereof including the location, width and direction of flow of all streams, brooks, drainage structures and drainage rights-of-way. Any existing features to be removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps with in the tract shall be shown. Contours at two-foot intervals and general drainage system shall be shown. The information required herein for isolated trees and two-foot contour intervals shall not be required on any lots which would be five acres or larger in size after subdivision.
(15) 
The shortest distance from any existing building to any proposed and existing lot line.
(16) 
Accurate delineation of floodplain or restricted areas must be shown on the plan.
(17) 
Accurate delineation of Federal Flood Hazard Zone.
(18) 
Percolation, water table and soils data for each lot being created under the proposed subdivision.
(19) 
All that information required by Article VII which is not included in this section.
(20) 
Plat must be drawn to conform to the requirements of the Burlington County Land Development Review Resolution, Article 4.09.
(21) 
Such other information deemed necessary by the Planning Board.
(22) 
Signature lines for the Chairman and Secretary of the Planning Board and the Burlington County Planning Board.
(23) 
The additional information required pursuant to § 110-21B of this chapter.
A. 
Submission of sketch plat; informal discussion with Planning Board. Before preparing and submitting the preliminary plat, the developer is requested to submit a sketch plat of major subdivision and informally discuss the proposal with the Planning Board.
B. 
Time of initial contact with subdivider. It is the intent of the Board to establish initial contact with the subdivider of a proposed subdivision prior to the time the developer or subdivider finalizes the street and lot scheme for the subdivision. It is the express intention of the Board that the Board and the subdivider or developer shall be in substantial agreement on the design of the street system and the lotting patterns of the proposed subdivision prior to the start of the detailed engineering design work required at the preliminary plat stage.
C. 
The purpose of the preliminary plat. The purpose of the preliminary plat is to provide the Board with the detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives, who are charged with the responsibility of reviewing the plat, all the data and preciseness necessary for a detailed review.
D. 
Submission of preliminary plat for major subdivision for tentative approval.
(1) 
The developer or subdivider must submit to the Administrative Officer at or prior to a work session of the Board at least 10 black-and-white prints of the preliminary plat together with three completed application forms for tentative approval. The Secretary of the Planning Board shall distribute the preliminary plat to the Board members, Board Engineer and Solicitor and to such other persons as may be determined by the Board. No public hearing shall be scheduled by the applicant until such submission at or prior to a work session and review of the plans by the Board at which time it shall be determined whether or not the application is complete. The developer can attend the work session and receive a date for his public hearing.
(2) 
The Planning Board shall, in all cases involving applications for tentative major subdivision approval, fix a date for the public hearing thereon, and the applicant shall give notice of the same in the manner and form required by the Act in N.J.S.A. 40:55D-11 and 40:55D-12 and shall provide the Planning Board with proof of having complied therewith prior to conducting the public hearing.
(3) 
If the Board acts favorably on a preliminary plat, the Chairman of the Board and Secretary of the Board, together with the Board Engineer, shall affix their signatures to five copies of the approved plat, retaining one in the Board's file, giving three to the Board's Engineer and returning one to the subdivider for compliance with final approval requirements.
(4) 
Any approval granted by an approval agency pursuant to this section shall not take effect and development shall be carried out until the provisions of § 110-21 concerning Pinelands Commission notification and review have been satisfied.
A. 
Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of Article VII and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Board. For initial consideration by the Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas including zoning of the subdivision and the adjacent areas.
(2) 
The tract name, Tax Map sheet, block and lot number, date, reference meridian and graphic scale.
(3) 
Acreage of tract to be subdivided to nearest tenth of an acre.
(4) 
Contours at two-foot intervals to determine the general slope and natural drainage of the land and the high and low points of all proposed new streets. All elevations shall be based on United States Coast and Geodetic Survey Datum.
(5) 
Name and address of person who prepared map.
(6) 
Cross section of the proposed streets.
(7) 
Lot grades to indicate drainage pattern.
(8) 
When a natural waterway traverses or borders the tract for which approval is being sought, the subdivider must submit to the Planning Board either a copy of a permit issued by the New Jersey State Water Policy Commission approving the alignment, easements and design of the waterway, or evidence that said plans do not require Water Policy Commission approval. In those instances where a State Water Policy Commission permit is required, a copy of the plans with the approval of the Commission endorsed thereon must be filed with the Secretary of the Board.
(9) 
A copy of the protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(10) 
Route numbers for state and county highways and roads.
(11) 
An indication of drainage conditions and directions of water flow on side of road(s) opposite the subdivision.
(12) 
A statement on the number of lots and minimum zoning requirements.
(13) 
Location of all existing utilities.
(14) 
In the case of major subdivisions which qualify as minor development, all that information required by § 110-21B which is not included in this section.
(15) 
In the case of major subdivisions which qualify as major development, the additional information required pursuant to § 110-21C of this chapter.
B. 
Additional requirements to be submitted with preliminary plat. With submission of the preliminary plat, the developer shall submit:
(1) 
Closed outbound survey;
(2) 
Drainage calculations;
(3) 
Certificate that the applicant is the owner of the land or his authority to sit as agent for the owner. Give names and addresses of both;
(4) 
Certification that taxes have been paid to date;
(5) 
Certification of an engineer or licensed land surveyor;
(6) 
Test boring information showing ground condition and water table, minimum boring depth of 10 feet, minimum, to be one test for each 10 acres and one test for each type of soil on the tract, or as determined by the Board.
(7) 
Each application for subdivision consisting of three or more residential building lots for resale shall have as part of the application for preliminary plat approval, soil test information indicating that the soil is free of contaminants and/or hazardous materials which would make the site unsuitable for human habitation. Applicant's report must meet the NJDEP soil cleanup criteria for both residential and nonresidential direct contact. This provision will not apply to divisions for agricultural purposes of 10 acres or more in size if further subdivision of the subdivided lot is prohibited by a deed restriction, nor shall it apply to lots created pursuant to the Pinelands regulation for the exemption pertaining to cultural housing on a residential lot (Piney Exemption).
[Added 5-5-1998 by Ord. No. 1998-5]
C. 
Utility layouts. After the general terms and conditions have been agreed upon, but before tentative approval is granted, the subdivider must submit on one map plans of proposed utility layouts, (sanitary sewers, storm sewers and the drainage structures) showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewerage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. Any subdivision, or part thereof, which does not meet with the establishing requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
D. 
Preparation of preliminary plat by licensed engineer and licensed land surveyor. When the preliminary plat, which has been granted tentative approval, forms the basis upon which application for final approval will be made, such plat map and other accompanying engineering plans must be prepared by a licensed professional engineer and a licensed land surveyor in compliance with all the provisions of Chapter 358 of the Laws of 1953[1] before the required improvements of Article VI of this chapter are installed or the performance guarantees for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
E. 
Issuance of building permits; final approval of plat required. No building permit for development of the subdivision proper shall be issued until final approval of the plat has been granted, excepting such permits as are necessary for the installation of the improvements.
F. 
Scale of plans. All plans submitted to the Shamong Township Planning Board for review shall be clearly and accurately drawn at a scale indicated in the chart below:
Subdivisions (Preliminary Plat)
Area
Scale
Less than 25 acres
Not less than 1":50'
25 to 150 acres
Not less then 1":100'
More than 150 acres
Not less than 1":200'
Site development plans shall be so designed as to enhance the general appearance of the Township, the harmonious use of the land, and to encourage development and design consistent with the purpose of the zoning provisions of this chapter.
A. 
Required site plan approval. Site plan approval shall be required before any initiation or change of use or before any excavation, removal of soil, clearing of the site or placing of any fill on lands, construction of parking areas or ponds, commencement of forestry operations, continuation or commencement of resource extraction activities, and other land development except for agricultural purposes. Except as hereinafter provided, no building permit shall be issued for any building or use, or reduction or enlargement in size of any building, or change in use of any building unless a site plan is first submitted and approved by tie Planning Board of the Township, and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board.
B. 
Site plan approval not required. Site approval shall not be required for any subdivision or individual lot application for detached one- or two-dwelling-unit buildings or for such accessory uses as a private garage, toolhouse, gardens and private greenhouses incidental to residential use, nor shall site approval be required for any pole barn or temporary greenhouse erected in conjunction with a residential or agricultural use; but this shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in the Township ordinances.
C. 
Site plan waivers and change of use.
[Amended 5-5-1998 by Ord. No. 1998-5]
(1) 
Any applicant may request a waiver from site plan review under the terms of this chapter, provided that the applicant's site plan involves:
(a) 
Conditions for existing buildings;
[1] 
An existing building;
[2] 
No new construction;
[3] 
No extension of the on-tract parking requirements;
[4] 
No change in the existing drainage.
(b) 
Construction or use for agricultural purposes. Construction of a building or use of premises for agricultural purposes, this construction or use not covered in the exemptions set forth above.
(2) 
Notwithstanding the above, site plan waivers shall not be granted for commercial forestry operations or the continuation of resource extraction operations.
(3) 
A change of use application or site plan waiver application may be approved by the Township's Administrative Officer or the Administrative Officer may submit the application to the Planning Board for the Board's review and approval. Appeals from the decision of the Administrative Officer shall be made directly to the Planning Board. Appeals from any action by the Planning Board are made directly to the Superior Court. Approval by either the Administrative Officer or the Planning Board is required for a change in use of any commercial or industrial property from one permitted use to another. A change of use that meets the requirements of Subsection C(1)(a) above may be submitted as a site plan waiver. Should the Administrative Officer or the Planning Board find the request for a waiver to be inappropriate, the matter shall be subject to review as a minor site plan submission. All fees and escrows will be applied from the waiver application to the minor site plan submission.
D. 
Minor site plan submission; definition and required data.
(1) 
Definition. For site development which is not large in scale but which does not qualify for site plan waiver, submission as a minor site plan shall be permitted. A minor site plan shall be defined as:
(a) 
Building construction of less than 1,000 square feet; and/or
(b) 
Clearing, grading, paving or excavation of less than 1,500 square feet.
(2) 
Required data. The required data to support a minor site plan application is as follows:
(a) 
A plan which may be drawn by the applicant;
(b) 
A plan showing all existing improvements on the site;
(c) 
The plan to show those improvements to be constructed;
(d) 
The plan to show North arrow or North point;
(e) 
The plan to contain a scale;
(f) 
The plan to show the zoning district in which the property is located;
(g) 
Additional information required pursuant to § 110-21B of this chapter.
E. 
Site plan procedure and required data. A preliminary site plan as herein required shall be submitted in six copies to the Administrative Officer of the Planning Board at least 14 days prior to a scheduled meeting of the Planning Board. All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data. (Scale not less than one inch equals 50 feet regardless of the size of the land development and the plans shall conform to one of the following sizes: 8 1/2 feet by 13 feet, 15 feet by 21 feet, 24 feet by 36 feet or 30 feet by 42 feet.) All site plans submitted to the Shamong Township Planning Board shall contain or be accompanied by the following minimum information:
(1) 
Date of preparation, North arrow, graphic scale, county route number and street names.
(2) 
The name of the land development and the municipality in which it is located.
(3) 
The names and addresses of the owner and the developer of the property as well as the name, address, title and seal of the person preparing the plan, maps and accompanying data.
(4) 
A statement of the area of the proposed land development to the nearest tenth of an acre.
(5) 
A statement of the proposed number of units.
(6) 
A key location map of the land development area at a scale of not less than one inch equals 2,000 feet. This shall show the entire site area and lots contiguous to it which are in the same or related ownership as the land development.
(7) 
The Municipal Tax Map sheet, block and lot number.
(8) 
The location of existing buildings and structures and building setback lines from streets.
(9) 
The location, size and nature of all existing and proposed roads within and abutting the land development. If additional ROW is to be dedicated to the County of Burlington, a note stating: "Additional ROW is to be dedicated to Burlington County for road widening purposes" shall appear on the plan, or to the municipality if a road is under its jurisdiction.
(10) 
Profiles and typical cross sections of proposed streets.
(11) 
Cross sections of watercourses at an appropriate scale.
(12) 
Methods used to stabilize slopes and control erosion and siltation for ditches, streams, or brooks. The location and general extent of wooded areas, bodies of water and other physical features, including the location of freshwater wetlands and soil types.
(13) 
Boundaries of floodplains of water bodies (if defined) within the land development. Where defined, these should correspond to the floodway and flood hazard areas commonly designated by the New Jersey Department of Environmental Protection (NJDEP), although other approved criteria may be used where these are lacking.
(14) 
Existing and proposed signs, lighting standards, utility poles, and trees of eight-inch caliper and larger within rights-of-way, except in heavily wooded areas.
(15) 
Location and extent of all easements, along with a statement of the use and owner thereof.
(16) 
A sediment and erosion control plan for areas which affect a Township road and/or Township drainage.
(17) 
All existing or proposed stormwater drainage systems within or adjacent to the land development showing size, type, location and profile of lines, manholes, inlets, dry wells, detention basins, plus all supporting design data.
(18) 
Existing and proposed sanitary sewerage collection facilities.
(19) 
Type and number of driveways.
(20) 
The zoning district in which the land development is located. Lands to be dedicated or reserved for public use shall be clearly indicated.
(21) 
All political boundary lines.
(22) 
Where work is to be done in the Township ROW, a detailed plan at a scale of not less than one inch equals 30 feet showing the layout of any intersection including driveways to a Township road. This plan shall show the following:
(a) 
Existing elevations on the center line of the road every 25 feet to extend 100 feet beyond the property line or intersection pavement transition.
(b) 
Proposed elevations of the curb gutter and top of curb every 25 feet along the road.
(c) 
Half cross sections every 50 feet and at critical points along the road, and spot elevations at the center line, edge of pavement and proposed curbline along the road.
(23) 
A clear statement of the use proposed.
(24) 
The location, type and size of all existing or proposed curbs, sidewalks, driveways, fences, landscaping, retaining walls, parking space areas and off-street loading areas, together with the dimensions and layouts of all the foregoing on the site in question.
(25) 
Standard details, i.e. proposed inlets, curbs, headwalls, manholes and typical cross sections; i.e. streets, channels, detention basins.
(26) 
Accurate delineation of floodplain or restricted areas must be shown on the plan.
(27) 
Accurate delineation of Federal Flood Hazard Zone.
(28) 
Except for those minor site plans, which shall comply with the application requirements of Subsection D of this section, site plans which qualify as minor or major development under this chapter shall also include the following:
(a) 
In the case of minor development, all that information in § 110-120B not covered in this section.
(b) 
In the case of major development, the additional information required pursuant to § 110-21C of this chapter.
(29) 
The plan must show existing soil conditions, test borings and percolation tests.
F. 
Site plan information. Each site plan shall have the following information shown thereon annexed thereto:
(1) 
Building and use plan. This plan shall show the size, height, location, arrangement and use of all existing and proposed structures and signs including proposed total building coverage in acres or square footage, as well as percent of the lot coverage, with an architect's scaled elevations of the front, side and rear of any structure and sign to be erected or modified, to the extent necessary to apprise the Planning Board of the scope of the proposed work. Any existing structures on the site shall be identified either to remain or be removed. A written description of the proposed use and operations of the building including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and maximum employees on each shift expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design shall be included. Floor plans shall be submitted.
(2) 
Circulation plan. This plan shall show access streets and street names, acceleration and deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking and loading spaces, loading berths or docks, pedestrian walks, and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each entrance-exit along expected paths of pedestrian travel such as, but not limited to, access to parking lots, driveways, other buildings on the site, and across common yard areas between buildings. Plan shall be accompanied by cross sections of new streets, aisles, lanes, driveways, sidewalks and bikeways. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.
(3) 
Landscaping and environmental plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries, seeded or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, lighting, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species, and caliber of plant material and trees to be located on the tract. All portions of the property utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage, and the planting of coniferous and/or deciduous trees in the shade tree list set forth by the Township in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Lawn seed or sod or ground cover areas shall be established on a minimum of four inches of topsoil. Topsoil shall be clear of debris and of good quality. Grasses shall be from a seed mix and be relatively free of noxious weeds. All landscaping plans shall incorporate the elements set forth in § 110-28D of this chapter. All plant material types shall be approved for use. Consideration shall be given to exposure, drainage, maintenance, and pollutants such as salt. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation, as well as assuring that the capacity of any material or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas. The environmental impact report, if called for, shall accompany the landscaping and environmental plan. If an environmental plan is deemed necessary, the requirements for said plan are set forth in § 110-90 of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
(4) 
Facility plan. This shall show the existing and proposed locations of all drainage; open space; common property; fire, gas, electric, telephone, sewerage and waterline locations; and solid waste collection and disposal methods including proposed grades, sizes, capacities, and materials to be used for facilities installed by the applicant. Installations by utility companies need only show their sizes and locations on the plan. All easements acquired or required on the tract and across adjacent properties shall be shown and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. The method of sanitary waste disposal shall be shown. All proposed lighting shall be shown including the direction, angle, height and reflection of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to site plan approval. Drainage facilities shall include facilities to comply with the stormwater runoff provisions of this chapter.
(5) 
General. All site plans authorized under this section shall comply with the development standards contained in Article VII of this chapter in addition to all other regulations of this chapter.
G. 
Purpose. The standards noted above shall be for the general purposes of enhancing the neighborhood; providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety or aesthetic purposes; preventing uses which violate applicable state and federal safety and environmental regulations; preserving floodways and flood hazard areas; and requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be housed or screened from residential uses.
A. 
Before approving a subdivision or site plan, the approving authority shall require that streets, public drainageways, flood control basins and public areas designated for reservation on the Master Plan or Official Map must be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of up to 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 streets and roads, flood control basins or public drainageways necessitated by the subdivision or 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. In such instance, 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 approval or site plan approval, as the case may be, caused by the reservation.
C. 
Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Official Map or Master Plan, the Secretary of the approving authority shall notify the Township Committee in writing of such application, and that the approving authority intends to grant approval for said development in the reserved area unless the Township Committee notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the Township Committee. The Township Committee shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation, or negotiate a purchase price for said reserved area. Upon the Township Committee arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.
Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted Circulation Plan and Utility Service, Public Facilities and Open Space, as shown on the Official Map, the installation, or the furnishing of a performance guarantee in lieu thereof, of any or all of the following off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property; street improvements, water system, sewerage, drainage facilities and easements therefor.
A. 
Essential off-tract improvements.
(1) 
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 approving authority may, nevertheless, grant plat approval for plats 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 approving authority and the Township Committee. 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 Attorney as to form. The provisions of this section shall be applicable only upon the request of the developer.
(2) 
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 streets 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 damage 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 approving authority 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 approving authority and the Township Committee. 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 Attorney as to form. In lieu of the developer's performing such off-tract drainage work, the developer and Township Committee may enter into an agreement for such work to be performed by the Township or its contractors at the cost of the developer. The provisions of this section shall be applicable only upon the request of the developer.
B. 
Where the approving authority shall determine that off-tract improvements would be essential to the development, as set forth in Subsection A(1) and (2) above, the cost of said improvements shall be assessed or apportioned in accordance with the Municipal Land Use Law and the laws of the State of New Jersey against those properties especially benefited thereby.
A. 
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, but such dedication shall not be required by the approving authority.
B. 
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 or dispose of any of its open space without first offering to dedicate the same to the Township.
C. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Committee 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 days of the notice. At such hearing, the Township Committee 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 Township Committee 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 Township Committee, 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 Township Committee 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 Township Committee 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 Township Committee in any case shall constitute a final administrative decision subject to judicial review.
D. 
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 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.
A. 
Site plans and conditional use applications.
(1) 
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 § 110-44 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 such further time as may be consented to be the applicant.
(2) 
Upon the submission of a complete application for a site plan of more than 10 acres, 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.
B. 
Subdivision applications, other than minor subdivision.
(1) 
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 § 110-72 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 § 110-44 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.
(2) 
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.
C. 
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.
[Amended 4-3-1990 by Ord. No. 1990-1]
A public hearing shall be held on all preliminary plat applications for site plan approval involving property for which a major site plan is requested, which property is within 200 feet of residentially zoned property. A public hearing is not required for all other major site plan applications nor is a public hearing required for any site plan waiver application or minor site plan application.
A. 
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:
(1) 
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 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; 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 relate to public health and safety;
(2) 
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; and
(3) 
That the applicant may apply for and the reviewing board 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.
B. 
In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the reviewing board 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 and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board 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.
A. 
The reviewing Board 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 et seq.), 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.
B. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer of the approving authority, or within such further time as may be consented to by the applicant. Failure of the approving authority 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 approving authority as to failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.
A. 
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from 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, except for the requirements of § 110-21.
B. 
The approving authority, when acting upon 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, except for the requirements of § 110-21.
C. 
All of the design criteria as set forth in Article VII of this chapter with the sole exception of that section dealing with conditions required for a conditional use shall be construed as being the proper subject for exception or waiver as is set forth above. Article VII is hereby expressly declared subject to the provisions of N.J.S.A. 40:55D-51, and the design criteria contained in Article VII shall not be construed as being part of the Zoning Ordinance, with the sole exception being § 110-106 which sets forth the criteria for conditional uses.
D. 
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval. The longest time period for action by the approving authority, whether it be 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.
E. 
Notwithstanding the aforementioned exceptions, no such exception shall apply to Pinelands application requirements or development standards nor shall it affect the Township's compliance with the standards of the Comprehensive Management Plan.
A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 110-67 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 § 110-73 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 § 110-73 of this chapter, the approving authority 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 § 110-67 of this chapter for the section granted final approval.
B. 
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 approving authority may grant the rights referred to in Subsection A of this section, for such period of time, no longer than two years, as shall be determined by the approving authority 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 and the reviewing Board may, thereafter, grant an extension of final approval for such additional period of time as shall be determined by the approving authority 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.
[Amended 5-1-2018 by Ord. No. 2018-6]
For the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board and/or Zoning Officer shall require, as appropriate, and the Township Committee shall accept, in accordance with the standards adopted hereinafter:
A. 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
B. 
The furnishing of a maintenance guarantee in favor of the Township in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
C. 
The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the Township Engineer.
D. 
The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the Township Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1 million, plus 1% of bonded improvement costs in excess of $1 million.
[Added 5-1-2018 by Ord. No. 2018-6]
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
[Added 5-1-2018 by Ord. No. 2018-6]
If the required improvements are not completed or corrected in accordance with the performance guarantee, 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. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Added 5-1-2018 by Ord. No. 2018-6]
All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Township Engineer. The Township Engineer shall be notified 24 hours prior to the start of the various phases of the work and, if discontinued, shall again be notified when the work will be continued.
[Added 5-1-2018 by Ord. No. 2018-6]
A. 
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
B. 
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter.
C. 
The Township Committee, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
[Added 5-1-2018 by Ord. No. 2018-6]
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
[Added 5-1-2018 by Ord. No. 2018-6]
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
[Added 5-1-2018 by Ord. No. 2018-6]
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.
A. 
No notice or public hearing shall be required for an application for development which conforms to the definition of minor subdivision in § 110-4 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or a subcommittee of the Board may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this chapter.
B. 
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 Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant; 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.
C. 
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 et seq.) 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 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 provisions of said law.
D. 
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.
A. 
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 approving authority 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.
B. 
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to § 110-71 of this chapter.
A. 
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 subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
B. 
In addition to the foregoing, the Township may institute and maintain a civil action:
(1) 
For injunctive relief; and
(2) 
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 § 110-75 of this chapter.
A. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. 
The Township Clerk shall make and issue such certificate within 15 days after receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.
C. 
Each such certificate shall be designed a "certificate as to approval of subdivision of land" and shall certify:
(1) 
That there exists in the Township of Shamong a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law of 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
D. 
The Township Clerk shall be entitled to demand and receive for such certificate issued by him or her a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Township Clerk shall be paid by him or her to the Township.