Township of Vernon, NJ Article VI Subdivision and Site Plan Review and Approval

§ 330-36 Grant of power; referral of proposed ordinance; County Planning Board approval.

A. There shall be no subdivision of lands nor land development associated with subdivision or site plans unless such subdivision or a site plan shall have been approved by resolution of the Planning Board, and such resolution shall be a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from site plan review and approval. A resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or a site plan pursuant to N.J.S.A. 40:55D-76b.

B. Prior to the hearing on adoption of an ordinance providing for Planning Board approval of either subdivisions or site plans or both or any amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to N.J.S.A. 40:55D-26a.

C. 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 Sussex County Planning Board for review or approval, as required by the aforesaid sections, and the Township 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. The Planning Board and/or governing body shall have the right to offer comment on the review, approval and report(s) of the county, either partly or entirely, and join with or depart from the position of the applicant with respect thereto.

§ 330-37 General requirements.

A. All applications for development as defined in this chapter shall be submitted and proceeded upon in accordance with the provisions of this chapter, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development.

B. The layout and arrangement of any subdivision or land development shall be consistent with and satisfy the requirements of Article XI of this chapter.

C. All streets in a subdivision or land development shall be of sufficient width and suitable grade and shall be suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings, and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan and the Official Map, if there be one, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width, or already has been shown in greater width on the Official Map, if there be one. All streets in a residential development shall satisfy the requirements for residential development contained in Article VIII.

D. Every subdivision and land development shall make provision for adequate water supply, drainage, shade trees, sewerage facilities and other utilities as are necessary for essential services to residents and occupants.

E. In the event that area within a subdivision or land development is to be reserved for public use pursuant to N.J.S.A. 40:55D-44, such area shall be of suitable size, shape and location for its intended purpose.

F. In any application involving planned development or residential cluster development, adequate and suitable provision shall be made for the setting aside of open space for the use and benefit of the residents of such development.

G. Any land subject to flooding pursuant to N.J.S.A. 40:55D-65(e) shall only be developed in accordance with state and Township regulations concerning development of lands that are subject to flooding, and all such development shall be designed to avoid danger to life or property.[1]

[1] Editor's Note: See also Ch. 275, Flood Damage Prevention.

H. Soils shall be conserved to the greatest practicable extent and protected from erosion by wind or water or from excessive disturbance by excavation or grading. Soils shall be protected and conserved in accordance with prevailing standards and, where appropriate, subject to the review and approval of the Sussex County Soil Conservation District.

I. All land development shall be undertaken and be subject to conformity with any Township Recycling Ordinance.[2]

[2] Editor's Note: See Ch. 452, Recycling.

J. All development adjacent to or otherwise involving New Jersey State Highway Route 94 shall conform with the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act, N.J.S.A. 27:7-91. Any development adjacent to or involving a county road within the Township shall conform with the Access Management Code adopted by the County of Sussex, N.J.S.A. 27:16-1. Land development adjacent to or involving an existing or proposed municipal street shall conform with any municipal access management code adopted pursuant to N.J.S.A. 40:67-1.

K. Any proposed development which shall be adjacent or proximate to, or otherwise involve, potable water supply reservoirs shall include adequate and suitable protections for such potable water supply from pollution or other degradation of water quality resulting from the development, or other uses of surrounding land areas. All such provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection.

L. Any stormwater detention facilities proposed in connection with land development shall conform with prevailing public safety regulations of the Township of Vernon, the County of Sussex and the State of New Jersey, and as otherwise reflected in stormwater management plans and stormwater management ordinances adopted pursuant to N.J.S.A. 40:55D-93 et seq.

M. In the event that proposed land development involves new multifamily housing, provision shall be made for the inclusion of facilities for the collection or storage of source-separated recyclable materials in conformity the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to N.J.S.A. 13:1E-99.13a.

N. No plan shall be approved nor any land developed unless adequate and suitable provision has been made for grading, improvement and construction of streets or drives or for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary. All such development designs and activities shall conform with the standards contained in this chapter. However, the absence of one or more specific standard(s) in these respects shall not relieve the applicant from making adequate and suitable provision(s) therefor by prevailing standards of engineering and planning. Such facilities shall be completed either prior to final approval of a subdivision or site plan, or subsequent thereto by the posting of performance guaranties pursuant to this article and chapter.

O. All subdivisions and site plans shall conform to the applicable provisions of Article XI, Zoning.

P. The performance of any land development pursuant to subdivision or site plan approval shall be in substantial accordance with the final development plan, provided that the Planning Board may permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan, the Zoning Ordinance or this chapter.

§ 330-38 Additional development requirements and options.

A. Provision shall be made for off-tract water, sewer, drainage, and street improvements which are necessitated by a subdivision or land development, subject to the provisions of N.J.S.A. 40:55D-42. As a condition to approval of a subdivision or site plan, a developer may be required by the Planning Board to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development, but necessitated or required by construction or improvements within such subdivision or development. A determination of the proportionate pro rata amount of the cost of such facilities that shall be borne by the developer shall be determined in accordance with the standards contained in Article IX of this chapter or as otherwise provided by law, and shall not be altered subsequent to preliminary approval.

B. As a development option, and where permitted subject to the Zoning Ordinance, the developer may propose a planned development. In exercising such option, a developer shall demonstrate creativity in development and economy in the use of lands as well as the layout and design of the proposed planned development. To encourage and exploit greater creativity, flexibility and economy, a developer may seek, and the Planning Board shall be authorized to grant, general development plan approval upon mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development, and otherwise in accordance with the provisions of this chapter for general development plans.

C. Any common open space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the owners or residents in such development subject to §§ 330-201 and 330-202 of Article XI.

D. The Planning Board shall be and is hereby authorized to allow for a greater concentration of density or intensity of land use within a section or sections of development, whether it be earlier, later or simultaneous in the development, than in others; such greater concentration of density or intensity of land use for any section to be developed shall be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by grant of easement or by covenant in favor of the Township; provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for final approval is filed, so that flexibility of development can be maintained.[1]

[1] Editor's Note: Original Sec. 603e, Requirements for timing a development among the various types of uses and subgroups (which was a reserved subsection), which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. In the case of a development which proposes construction over a period of years, the applicant shall make adequate and suitable provision for the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development.

F. As a condition of Planning Board approval, the applicant shall submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan or planned development application is made.

G. The developer may seek and the Planning Board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by Township development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the Township development regulations; provided that such standards shall be appropriate to the type of development permitted.

H. All site plan applications shall make adequate and suitable provision for the following:

(1) Preservation of existing natural resources on the site;

(2) Safe and efficient vehicular and pedestrian circulation, parking and loading;

(3) Screening, landscaping and location of structures;

(4) Exterior lighting as necessary for safety reasons, as well as provision for streetlighting;

(5) Conservation of energy and use of renewable energy sources; and

(6) Recycling of designated recyclable materials.

§ 330-39 Reservation of public areas.

A. If the Master Plan, as amended, (or the Official Map, if and when there be one) provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, then, before a subdivision or site plan shall be approved, the developer shall show on a plan or plan, in locations and sizes suitable to their intended uses, such streets, ways, basins or areas as the Planning Board may require. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat or plan for a period of one year after the approval of the final plat or plan, 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 or plan 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 tax as 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.

§ 330-40 Planned developments.

As and where permitted pursuant to this chapter and, specifically, Article XI, the following shall be established prior to approval of any planned development:

A. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c and Article XI of this chapter;

B. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate and suitable;

C. That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation, and visual enjoyment are adequate and suitable;

D. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

E. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate and suitable.

§ 330-41 General development plan; duration.

General development plans shall be permitted in accordance with Article XI and this section.

A. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

B. The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq., and this article, and/or Article XI.

C. In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof.

§ 330-42 General development plan contents.

A general development plan may include, but not be limited to, the following:

A. A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

B. A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.

C. An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

D. A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.

E. A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site.

F. An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.

G. A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

H. A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to N.J.S.A. 52:27D-301 et al. will be fulfilled by the development.

I. A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal.

J. A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under Subsection K of this section, and following the completion of the planned development in its entirety.

K. A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

L. A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

§ 330-43 General development plan approval procedure.

A. Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to N.J.S.A. 40:55D-1 et seq. may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to N.J.S.A. 40:55D-46.

B. The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, 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 general development plan approval of the planned development.

C. The granting by the Planning Board of an approval of a general development plan for a planned development shall not constitute a preliminary or final approval as set forth in N.J.A.C. 5:93-8.12(d).

[Added 6-12-2000 by Ord. No. 00-15]

§ 330-44 General development plan; timing schedule; modification.

In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

§ 330-45 General development plan hearing on modifications required.

The developer shall be required to gain the prior approval of the Planning Board if, after approval of the general plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

§ 330-46 General development plan on modifications not required.

A. Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

B. A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et al. without prior municipal approval.

§ 330-47 General development plan certification upon completion; failure to complete or comply; termination of approval.

A. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to N.J.S.A. 52:27D-133. If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

B. If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

C. In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.

§ 330-48 General development plan; satisfactory completion.

In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

§ 330-49 Procedure for preliminary site plan approval.

A. The developer shall submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met; provided that minor site plans shall not be subject to this section. The site plan and any engineering documents to be submitted shall be required in tentative form for discussing purposes for preliminary approval. Preliminary architectural plans and elevations shall be required and shall be sufficient for preliminary review.

B. If the Planning Board requires or the developer seeks 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 article and chapter, grant preliminary site plan approval.

C. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the site plan.

D. If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to §§ 330-25 and 330-26 shall be required and shall state the nature of the proposed modification. A "substantial modification" shall mean one which increases density of development; increases the square footage of buildings; proposes a different use; would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to, noise, glare, and increased drainage runoff; or materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.

E. The Planning Board may grant preliminary approval subject to conditions; provided, however, that the Planning Board shall specify the time for performance of such conditions and shall not grant approval subject to subsequent submission of additional planning information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires the subsequent approval of one or more governmental agencies other than the Planning Board, the Planning Board shall, prior to approval, determine the basic planning feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.

§ 330-50 Minor site plan.

A. A minor site plan as defined in this chapter shall not require notice or public hearing, but shall instead be proceeded upon by the Site Plan Committee of the Planning Board, which Committee shall, where appropriate, report to the Planning Board that the application for development conforms to the definition of minor site plan and requires no further review by the Planning Board. Such report shall be then adopted as the basis for an approval to be reflected in a memorializing resolution of the Planning Board. Minor site plan approval thus memorialized shall be deemed final approval of the site plan by the Board, provided that the Board or subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.

B. Minor site plan 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. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.

C. Whenever review or approval of the application by the Sussex County Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning Board shall condition any approval that it grants upon timely receipt of 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.

D. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

E. A minor site plan shall not involve a planned development or any new street or extension of any off-tract improvement, which is to be prorated pursuant to this chapter; involves no variances; does not involve any substantial detrimental impacts either on-site or off-site, and poses no detriment to public health, safety or welfare.

[Added 1-28-2002 by Ord. No. 02-04]

F. A change of use or alteration to existing commercial properties. A minor site plan application shall not be required for the alteration of an existing commercial property, or a change of use to a use permitted in Schedule A of this chapter[1] and which does not exceed the following limitations:

[Added 1-28-2002 by Ord. No. 02-04]

(1) A change in use and/or alterations involving no building construction other than interior modification or interior structural alteration.

(2) Minor exterior or structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.

(3) Building additions not exceeding 500 square feet in building coverage or 25% of existing building coverage, whichever is greater, and accessory structures not exceeding 500 square feet in lot coverage, provided that the same do not invade upon any required parking area, setback area or otherwise violate any requirements of this chapter.

(4) Requires no additional off-street parking and includes no change in the type, location, and lighting of any signage, except for a change in lettering.

[1] Editor's Note: Schedule A, Permitted, Conditional and Accessory Uses and Structures, is included at the end of this chapter.

§ 330-51 Procedure for preliminary major subdivision.

A. The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions pursuant to § 330-25 of this article shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.

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

C. Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, 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. 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.

D. If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to §§ 330-25 and 330-26 shall be required and shall state the nature of the proposed modification. A "substantial modification" shall mean one which increases density of development; increases the square footage of buildings; proposes a different use; would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to, noise, glare, and increased drainage runoff; or materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.

E. The Planning Board may grant preliminary approval subject to conditions; provided, however, that the Planning Board shall specify the time for performance of such conditions and shall not grant approval subject to subsequent submission of additional planning information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires the subsequent approval of one or more governmental agencies other than the Planning Board, the Planning Board shall, prior to approval, determine the basic planning feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.

§ 330-52 Minor subdivision.

A. A minor subdivision as defined in this chapter shall not require notice or public hearing, but shall instead be proceeded upon by the Subdivision Committee of the Planning Board, which Committee shall, where appropriate, report to the Planning Board that the application for development conforms to the definition of minor subdivision and requires no further review by the Planning Board. Such report shall be then adopted as the basis for an approval to be reflected in a memorializing resolution of the Planning Board. Minor subdivision approval thus memorialized shall be deemed final approval of the subdivision by the Board, provided that the Board or Subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.

B. Minor subdivision 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. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer 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. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township 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.

D. Except as provided in Subsection F of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, 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, N.J.S.A. 46:23-9.9 et seq.; 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 act.

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

F. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

G. The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

§ 330-53 Effect of preliminary approval.

Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

A. 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, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; 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.

B. 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, as the case may be.

C. That the applicant may apply for and the Planning 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.

D. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A, B, and C of this section for such period of time, longer than three years, as shall be determined by the Planning 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 thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning 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.

E. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection C or D of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

F. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection C or D of this section.

§ 330-54 Final approval of site plans and major subdivisions.

A. The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval, and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.; provided that, in the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions 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, 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 final approval, and a certificate of the administrative officer 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. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Township 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.

D. The Planning Board may grant final approval subject to conditions to be formed prior or subsequent to development or a particular stage or section of development; provided, however, that the Planning Board shall specify the time for performance of such conditions and shall not grant approval subject to subsequent submission of additional information fundamental to an essential element of the development plan and an informed decision thereon. In the event that development requires subsequent approval of one or more governmental agencies other than the Planning Board, the Planning Board shall, prior to approval, determine the basic feasibility of any fundamental element of the development plan that is otherwise subject to the jurisdiction and powers of such other agency or agencies.

§ 330-55 Exceptions in application of subdivision or site plan regulation; simultaneous review and approval; consolidated applications.

A. The Planning Board 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.

B. The Planning Board when acting upon applications 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 the provisions for site plan 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.

C. The Planning 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 Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, 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.

D. Consolidated application. The applicant may file a consolidated application for final approval without having made prior application for preliminary approval by submitting a single application for final approval that includes the information required for preliminary approval together with the information required for final approval. The applicant may also file for consolidated disposition of certain elements, stages or sections of the development plan and obtain final approval thereon; provided, however, that preliminary approval shall have been granted as to the remaining elements, stages or sections of the development plan, and provided that adequate terms, conditions and guaranties have been established to insure the completion of the development or the restoration of the site or tract, or portion thereof, to the extent of disturbance. A consolidated application shall be proceeded upon in accordance with the procedure for preliminary approval pursuant to § 330-49 or 330-51. Approval of a consolidated application shall confer the rights provided under § 330-56.

§ 330-56 Effect of final approval of site plans and major subdivisions.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period for two years after the date on which the resolution of final approval is adopted; provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. 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 N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.

B. In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board 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 Planning Board 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 Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board 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.

C. Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

D. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.

§ 330-57 Performance and maintenance guarantees.

[Amended. 6-24-2013 by Ord. No. 13-11]

A. Before recording of final subdivision plats or as a condition of a final site plan approval for a major development project, the governing body shall require and accept guarantees in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements.

B. The furnishing of a performance guarantee shall be required for all subdivisions which include public improvements or major development projects which will have a disturbance area of one (1) acre or more. The performance guarantee shall be in favor of the Township in an amount not to exceed 120% of the cost of installation of improvements which the approving authority may deem necessary or appropriate. Said improvements shall include but not be limited to streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, 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 itemized cost estimate for the improvements covered by the performance guarantee shall be prepared by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.

C. A maintenance guarantee shall be posted with the governing body for improvements constructed as part of subdivision or development projects which are deemed public improvements or are in the interest of the governing body to assure proper post-construction maintenance. Said maintenance guarantee shall be 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, 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.

D. 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 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.

E. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, 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 as of the time of the passage of the resolution.

F. 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 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.

G. Inspection and list of uncompleted or unsatisfactory improvements.

(1) Upon substantial completion of all required street improvements (except for the roadway surface course paving) and appurtenant utility 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 an updated itemized cost estimate and that the performance guarantee be appended to include only the uncompleted or unsatisfactory completed improvements that exist at the time of the request. 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 governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

(2) 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. 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 that has been posted.

H. Approval or rejection of improvements.

(1) The governing body, by resolution, shall either approve 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. The governing body shall also approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer. 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 governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all acceptability of all improvements.

(2) If the Township Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court, in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(3) In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

I. If any portion of the required improvements is rejected, the approving authority may 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.

J. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Township Engineer.

K. 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 Township 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. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

L. In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.

M. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.

§ 330-58 Maintenance guaranty limitations.

No maintenance guaranty required pursuant to N.J.S.A. 40:55D-53 need be in cash, nor need more than 10% of a performance guaranty pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guaranty in cash, or more than 10% of a performance guaranty in cash.

§ 330-59 Performance guaranty acceptance.

The approving authority shall, for the purposes of N.J.S.A. 40:55D-53, accept a performance guaranty or maintenance guaranty which is an irrevocable letter of credit if it:

A. Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to N.J.S.A. 40:55D-53.

B. Is issued by a banking or savings institution authorized to do and doing business in this state;

C. Is for a period of time at least one year; and

D. Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

§ 330-60 Appeal procedure for disputed guaranty amounts.

The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guaranty with the Township based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.

§ 330-61 Acceptance of certain public utilities.

If the Planning Board includes, as a condition of approval of an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the Planning Board and governing body that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the Township shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Township with the provisions of this section shall not be deemed to constitute acceptance of the street by the Township.

§ 330-62 Recording of final approval of major subdivision; filing of all subdivision plats.

A. Final approval of a major subdivision shall expire 95 days from the date of signing of the plats unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may for good cause shown extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

B. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, or 40:55D-76. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to N.J.S.A. 40:55D-53. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township, the plat shall be expunged from the official records.

C. It shall be the duty of the county recording officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

§ 330-63 Selling before approval; violations and penalties; suit by Township.

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 municipal approval is required by ordinance pursuant to 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 to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

C. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 330-64 Certificates as to approval of subdivision of land.

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 the effective date of this act, may apply in writing to the administrative officer of the municipality, 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 administrative officer shall make and issue such certificate within 15 days after the 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 designated a "certificate as to approval of subdivision of land," and shall certify:

(1) Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act.

(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.

(3) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in N.J.S.A. 40:55D-1 et seq.

D. The administrative officer shall be entitled to demand and receive for such certificate issued 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 such official shall be paid to the Township.

§ 330-65 Right of owner of land covered by certificate as to approval of subdivision of land.

A. Any person who shall acquire for a valuable consideration an interest in the lands covered by "certificate as to approval of a subdivision of land" in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55.

B. If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55.

C. Any such application addressed to the Clerk of the Township shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.

§ 330-66 Condominiums and cooperative structures and uses.

This article and all development regulations pursuant hereto and to this chapter shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership. No development regulation shall establish any requirement concerning the use, location, placement or construction of buildings or other improvements for condominiums or cooperative structures or uses unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter under the condominium or cooperative corporate form of ownership. No approval pursuant to this chapter shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of lands described in the master deed in the same manner had such lands not been under the condominium form of ownership.