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

§ 240-51 Grant of power; referral of proposed ordinance; County Planning Board approval.

A. There shall be no subdivision of land 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.

§ 240-52 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, Zoning, 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.

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.[1]

[1] Editor's Note: See Ch. 344, Solid Waste, Art. I, Recycling.

J. 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 Stillwater, 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. 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 guarantees pursuant to this chapter.

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

O. Any application involving open space shall specify the means by which the common lands are to be operated and owned. If Township ownership is proposed and, in the opinion of the Planning Board, such ownership will be consistent with the objectives of the Master Plan or Official Map, then the Planning Board shall recommend to the governing body that said open space or land resulting from the application of open space development be accepted by the Township. If the governing body declines to take ownership or if the applicant does not desire to offer open space to the Township, the applicant shall submit an open space plan providing only for homeowners' ownership of common land.

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.

Q. Whenever a waiver is sought as to any subdivision or site plan regulation pursuant to N.J.S.A. 40:55D-51, the applicant shall submit a narrative explaining why the applicant should be entitled to such waiver.

R. Each lot created after the adoption of this subsection shall contain a minimum of one acre of contiguous developable land. See § 240-4 for a definition of the term "contiguous developable land." If the lot contains less than a minimum of one acre of contiguous developable land, the Township Planning Board may withhold approval of the lot. The purpose of this subsection is to create lots which are of a size sufficiently large enough to accommodate the principal building and any accessory buildings, structures, and accessory uses, such as garages, sheds, barns and swimming pools, dog enclosures and the like, together with all access drives and parking areas in accordance with all provisions of this chapter.

[Added 3-6-2007 by Ord. No. 2007-3]

§ 240-53 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 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 regulation, 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 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 planned developments.

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 § 240-52O and of this article. Subject to Planning Board approval, the owners or residents in the development may devote such open space, other than wooded areas. Otherwise said open space shall be used only for recreational use, both active and passive.

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.

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.

I. Fire protection.

[Added 7-10-2007 by Ord. No. 2007-13]

(1) All major residential subdivisions and commercial site plans shall provide fire protection facilities to supply adequate and continuous water to each approved development or site. The Stillwater Township Fire Department may submit its recommendations concerning proposed water supplies directly to the Planning Board.

(2) Major residential subdivisions consisting of five or more lots and all major residential or commercial site plans shall install, at the developer's sole expense, a fire protection system for the refill of pumper trucks in accordance with the criteria set forth below:

(a) Every principal structure must be located within 1,000 feet of an adequate source of water for fire protection purposes, with the required distance measured along the center line of the right-of-way.

(b) The source of water for fire protection for all residential subdivisions of five or more lots shall be an underground, single-walled fiberglass tank with a minimum capacity of 20,000 gallons.

(c) The source of water for fire protection purposes for commercial developments shall be determined by applicable NFPA standards based on the highest degree of hazard of the principal structure. In no case shall the underground tank capacity be less than 10,000 gallons.

(d) Underground water storage tanks must meet the following standards:

[1] The top of the tank shall be at least 48 inches below finished grade;

[2] In residential zones, each underground tank shall be located within the public right-of-way or an easement acceptable to the Township of Stillwater;

[3] In commercial zones, each underground tank shall be located within:

[a] The public right-of-way; or

[b] An easement acceptable to the Township of Stillwater; or

[c] A location approved by the Stillwater Township Planning Board following review and approval by the Stillwater Township Fire Department.

[4] All underground tanks located in residential zones shall be dedicated to the Township of Stillwater.

[5] All underground tanks located in commercial zones shall remain the property of the commercial property owner. The property owner shall, no less than every five years, test the tank in accordance with manufacturer's specifications and shall provide testing and inspection documentation to the Township.

[6] All underground tanks must have paved access within seven feet of its suction point.

[7] Each underground tank shall have a permanent sign installed showing the location and the capacity of the tank.

[8] All public or private rights-of-way under which a tank is located shall have a sign reading "No Stopping or Standing" located within 75 feet in each direction from the tank. Signs meeting the standards of the Manual of Uniform Traffic Control Devices shall identify each underground tank location.

[9] All underground tanks shall be anchor-strapped and backfilled by a method approved by the manufacturer.

[10] Design and installation of the tank and related components shall conform with all NFPA 1142 Standards on water supplies for suburban and rural firefighting.

[11] All tanks shall be guaranteed from defects in construction and installation for a period of three years. All connections shall be approved by the tank manufacturer.

[12] Suction connection.

[a] The suction connection shall be six inches in diameter and have an anti-vortex plate at the bottom. The suction pipe shall terminate outside the tank with a one-inch to six-inch male NST fitting with a rocker lug cap.

[b] The suction pipe connection shall terminate between 20 inches and 24 inches above the level of the grade where the vehicle wheels will be located when the cistern is in use.

[c] Suction piping shall be supported on the top of the tank and to the bottom of the cistern with a space of eight inches from the floor of the tank.

[d] The bottom of the suction pipe to the pumper connection shall not exceed 14 feet vertical distance.

[e] The suction pipe shall be protected by two ballards, placed one on each side of the suction pipe at a distance no closer than two feet and no farther than three feet.

[13] Vent pipe.

[a] The vent pipe shall be sized according to tank manufacturer recommendations, but shall not be less than eight inches in diameter.

[b] The vent pipe shall terminate not less than 36 inches above final grade, with the opening facing downwards.

[c] Vent piping shall have screen covers installed.

[d] The vent pipe shall contain a clapper or other suitable device that will limit evaporation from the tank, but will allow make-up air into the tank during drafting to prevent an inward collapse of the tank.

[14] Filler connection.

[a] The filler pipe shall be four inches in diameter.

[b] The filler connection shall have two, two-inch to two-and-one-half-inch male clappered NST fittings with rocker lug caps.

[c] The filler pipe connection shall be 36 inches above final grade.

[15] Water level gauge. The tank shall have a suitable aboveground water level gauge installed. This may be part of the vent assembly.

[16] Access.

[a] Access shall be provided into the tank by a thirty-six-inch opening, with a PVC riser and fiberglass reinforced plastic lid extending to final grade.

[b] An internal access ladder, approved by the manufacturer, shall be installed in the interior of the tank.

[17] Initial filling. The developer shall fill the tank to capacity with clean water upon acceptance.

§ 240-54 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, walkways, trails or other public areas within the proposed development, then, before a subdivision or site plan shall be approved, the developer shall show on a plat 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.

§ 240-55 Planned developments.

If 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 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; and are in accordance with the requirements of § 240-52O of this article.

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.

§ 240-56 Site plan review; when required.

A. Prior to the issuance of a permit for any development other than for detached one- or two-dwelling-unit buildings and as a condition for the issuance of any such permit for development, a site plan shall be submitted to the Planning Board for its review and approval, except 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 site plan pursuant to N.J.S.A. 40:55D-76b. This requirement shall be applicable for any permit required for any new structure or for any addition to or alteration of an existing structure or of parking facilities related to any structure, to any change in use of a structure other than those hereinabove exempted or to removal of vegetation or disturbance of soil in an area of over 5,000 square feet.

B. Alterations to an existing structure shall be exempt from site plan review only if there is no change of use or any additional use proposed; the alteration involves only interior alterations; the alteration does not trigger the need for additional parking and does not affect the existing parking configuration, traffic circulation, drainage, landscaping, buffering, exterior lighting or alteration of the location of septic facilities; the alteration does not involve the use of any portion of the existing building which was previously vacant; and the alteration involves less than 20% of the gross floor area of the building. If the Zoning Officer determines that a proposed alteration meets the above conditions, he shall certify such exemption and may proceed to issue a zoning permit, and the Construction Official may issue construction permits.

§ 240-57 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 pursuant to § 240-61. In either case, notice pursuant to § 240-35 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) 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 (5) materially changes a required element of the approval. 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 (1) shall specify the time for performance of such conditions and (2) 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.

§ 240-58 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 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 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.

§ 240-59 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 § 240-60 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, grant preliminary approval to the subdivision.

C. Copies of the preliminary plat, which shall conform to all requirements of Article VII of this chapter, shall be forwarded by the Secretary of the Planning Board, prior to the hearing, to the following persons:

(1) The Planning Board and Municipal Engineer.

(2) The Secretary of the Board of Health.

(3) The municipal planning consultant.

(4) Such other municipal, county or state officials as directed by the Planning Board.

D. If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the Secretary of the Township Planning Board to the Secretary of the Planning Board of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision of the Township of Stillwater is in reasonable harmony with its plans for development. The Secretary of the Planning Board of the adjoining community should be informed of the date of the public hearing, and any communications received prior to this date will be considered in relation to the approval or disapproval of the plat.

E. 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.

F. 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 pursuant to § 240-61. In either case, notice pursuant to § 240-35 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) 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 (5) materially changes a required element of the subdivision. 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.

G. The Planning Board may grant preliminary approval subject to conditions; provided, however, that the Planning Board (1) shall specify the time for performance of such conditions and (2) 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.

§ 240-60 Minor subdivision.

A. A minor subdivision as defined in this chapter shall not require notice or public hearing. Where the Board finds that the application for development conforms to the definition of minor subdivision it may approve the minor subdivision by resolution or memorializing resolution and 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 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 Act, N.J.S.A 46:26B-1 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 Act, N.J.S.A. 46:26B-1 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.

§ 240-60.1 Minor subdivision/lot line adjustment.

[Added 6-16-2015 by Ord. No. 2015-6]

A. Application. An application for approval of a minor subdivision which involves only a lot line adjustment shall be submitted to the Planning Board. The applicant shall submit 15 copies of the application and a survey prepared by a licensed land surveyor indicating the existing and proposed lot lines and all existing structures and buildings, as well as such other information as the Planning Board Engineer may require. The applicant shall submit an application fee and an initial escrow fee as set forth in § 240-90. Upon approval the applicant shall also submit to the secretary an amount to cover the GIS fee.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Findings. The Planning Board has the jurisdiction to grant a minor subdivision/lot line adjustment approval. The Planning Board Engineer may recommend a minor subdivision/lot line adjustment subject to the following criteria:

(1) The adjustment involves one lot line between two adjoining lots;

(2) Owner(s) of both lots consent(s) in writing to the adjustment;

(3) No new lots are created;

(4) Both lots are conforming after the adjustment, or any preexisting nonconformities are not increased; and

(5) If approved, the applicant must perfect the subdivision by deed recorded in the Sussex County Clerk's office.

C. Subsequent subdivision. Subsequent subdivision of the either of the adjusted lots within two years of the filing of the adjusted lot deeds in the County Clerk's office shall be accepted only as a major subdivision.

D. Report by the Planning Board Engineer. Upon review of an application for approval, the Planning Board Engineer shall submit a report to the Planning Board in regard to the merits of the application. The Planning Board may approve the minor subdivision/lot line adjustment based solely on the recommendation of the Planning Board Engineer as long as the conditions outlined in Subsection B are satisfactorily addressed.

§ 240-61 Effect of preliminary approval.

A. 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 B 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:

(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 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;

(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, as the case may be; and

(3) 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.

B. 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(1), (2) and (3) 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 (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) 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 (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

C. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or B 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.

D. 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 A(3) or B of this section.

E. A copy of the action taken by the Planning Board shall be forwarded to the Township Clerk.

F. With the approval of the Planning Board the developer may, upon receiving preliminary approval of a site plan or major subdivision, commence construction of only the improvements authorized by N.J.S.A. 40:55D-53 and required by the Board, but no permits shall be issued for the construction of buildings (other than those improvements required by the Planning Board pursuant to the statute) until after the developer has obtained final approval.

§ 240-62 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. 46:26B-1 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. 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.

C. 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.

D. A copy of the action taken by the Board shall be sent to the Township Clerk; a copy of the final plat shall be sent to the Township Tax Assessor, the Township Zoning Officer, and the Construction Official, and a copy of the final site plan shall be sent to the Construction Official who may then issue construction permits, provided that performance guarantees have been posted to cover required improvements which remain incomplete, and a maintenance bond on all completed improvements.

§ 240-63 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. Site plan approval and waiver.

[Amended 11-26-2013 by Ord. No. 2013-8]

(1) Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses; but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances.

(2) The Planning Board has the jurisdiction to waive site plan approval under certain circumstances. The Planning Board Engineer shall issue a report making a recommendation in regard to an application for site plan waiver. The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not substantially affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

(3) An application for approval of site plan waiver shall be submitted to the Planning Board. The applicant shall submit 15 copies of the application along with a survey prepared by a licensed land surveyor, or other document deemed acceptable by the Planning Board Engineer, indicating the existing lot lines and all existing structures and buildings as well as other information as the Planning Board Engineer may require. The applicant shall submit an application fee and an initial escrow fee as set forth in § 240-90.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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 guarantees have been established to ensure 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 § 240-57 or 240-59. Approval of a consolidated application shall confer the rights provided under § 240-64.

§ 240-64 Effect of final approval of site plan or major subdivision.

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 (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) 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 (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) 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.

§ 240-65 Guarantees required; surety; release.

A. Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority may require and shall accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of 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, for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:26B-1 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Township Engineer shall 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.

(2) Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, 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. 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.

B. 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.

C. 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.

D. Preparation of list of uncompleted or unsatisfactory improvements.

(1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, 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 Subsection A of this section, a list of all uncompleted or unsatisfactory 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 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 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 Subsection A of this section.

E. Approval or rejection of improvements; reduction of performance guarantee.

(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, and shall 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 and appended to the performance guarantee pursuant to Subsection A of this section. 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 and acceptability of all improvements.

(2) If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section 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.

(3) 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.

(4) 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

§ 240-66 Limitation on amount of cash for maintenance guarantee.

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

§ 240-67 Acceptance of performance guarantee.

The approving authority shall, for the purposes of N.J.S.A. 40:55D-53 accept a performance guarantee or maintenance guarantee 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.

§ 240-68 Appeal procedure for disputed guarantee 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 guarantee 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 guarantee.

§ 240-69 Acceptance of certain public utilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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.

§ 240-70 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 guarantees 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.

§ 240-71 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 chapter, 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 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.

(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.

§ 240-72 Right of owner of land covered by certificate.

A. Any person who shall acquire for a valuable consideration an interest in the lands covered by the 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.

§ 240-73 Condominiums 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 condominium 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 condominium 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 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.

§ 240-74 Lots.

A. No lot shall contain less than the area required for the zone in which it is located.

B. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

C. Each lot must front either on a proposed or an existing street.

D. Where extra right-of-way width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks and lot area shall be measured from the new line.

E. Each lot created after the adoption of this subsection shall contain a minimum of one acre of contiguous developable land. See § 240-4 for a definition of the term "contiguous developable land." If the lot contains less than a minimum of one acre of contiguous developable land, the Township Planning Board may withhold approval of the lot. The purpose of this subsection is to create lots which are of a size sufficiently large enough to accommodate the principal building and any accessory buildings, structures, and accessory uses, such as garages, sheds, barns and swimming pools, dog enclosures and the like, together with all access drives and parking areas in accordance with all provisions of this chapter.

[Amended 3-6-2007 by Ord. No. 2007-3]

F. Corner lots shall in no case be less than 150 feet in size measured along each abutting street right-of-way line, and the area shall not be less than required by Article XI, Zoning.

§ 240-75 Public use and service areas.

A. In a major subdivision of 20 building sites or more, easements along, rear property lines or elsewhere for utility installation may be required. Easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

B. Where a major subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of the watercourse and such further width or construction, or both, as will be adequate for the purpose.

C. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any major subdivisions containing such features. Shade trees of three inch trunk diameter or more as measured four feet above the ground between the edge of the graded shoulder and the edge of the right-of-way shall not be removed without the prior approval of the Township Planning Board.

D. Where any development is proposed for construction of 50 or more units of single-family residential housing, or in the case of any commercial or industrial subdivision, an area must be identified and used for the storage and disposition of recyclables in accordance with the provisions of Chapter 344, Solid Waste, Article I, Recycling, of the Code of the Township of Stillwater establishing a recycling program and requiring the separation of recyclable material as the same may be amended from time to time.

§ 240-76 Soil erosion and sediment control.

A. A soil erosion and sediment control plan shall be prepared by a licensed New Jersey professional engineer in accordance with specifications for soil erosion and sediment control of the Sussex County Soil Conservation District. The soil erosion and sediment control plan shall be submitted to the Sussex County Soil Conservation District for certification pursuant to N.J.S.A. 4:24-39 et seq. The Planning Board shall not give unconditional approval to the preliminary plat until receipt of the Soil Conservation District certification. Any fees or expenses involved in the review by the District shall be the applicant's responsibility.

B. The soil erosion and sediment control plan shall be for the entire tract and shall contain the following:

(1) Plans and specifications of soil erosion and sediment control measures in accordance with the standards and specifications for soil erosion and sediment control of the Sussex County Soil Conservation District. These measures shall apply to all features of construction on the site, including street and utility installations, as well as protection of individual lots, and these measures shall be instituted to prevent or control soil erosion and sedimentation during the various stages of development.

(2) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each are a priority to the completion of effective erosion and sediment control measures.

(3) The following principles shall be included, where applicable, in the soil erosion and sediment control plan:

(a) Stripping of vegetation, regrading or other development shall be done in such a way that shall minimize soil erosion.

(b) Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(c) The disturbed area and the duration of exposure be kept to a practical minimum.

(d) Temporary seedings or mulching shall be used to protect exposed critical areas during development.

(e) Provision shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.

(f) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of sediment basins or other acceptable methods.

(g) Diversions, sediment basins and so forth shall be constructed prior to any on-site grading or disturbance of existing surface material.

(4) Upon the receipt of the report from the Sussex County Soil Conservation District, the Planning Board shall require incorporation of soil erosion and sediment control measures as it deems appropriate as a condition of tentative approval of the preliminary plat and approval of the final plat.

§ 240-77 General design criteria.

A. The following lands shall require special consideration by the Planning Board. In some cases, development should be avoided and in other cases, very low density development may be permitted. Additional improvements and safeguards to protect significant environmental features and elements shall be required.

(1) Floodplain land. These are lands which lie adjacent to streams and are periodically inundated as watercourses overflow their banks. These areas should not be developed with buildings. The ban of development in this area is to protect the lives and property of those living in the floodplain and downstream from flooding, prevent increased flooding downstream and prevent pollution of streams and rivers. All applicable regulations of the New Jersey Department of Environmental Protection governing flood hazard area control, N.J.A.C. 7:13-1 et seq., and water pollution control, N.J.A.C. 17:14-1 et seq., shall be applicable.

(2) Areas of excessive slope. These are lands with slopes in excess of 25%. Depending on the nature of the soil-bearing capacity, erosion factor and degree of slope, development densities may vary from no building to very low densities with appropriate safeguards. In general, as slope increases, the density of development should decrease. The reasons for the decrease are to prevent landslides and erosion and sedimentation resulting from excessive stripping and cutting of land. Erosion causes siltation of streams and reduces the capacity of drainage structures exacerbating flooding in the Township.

(3) Areas characterized by soil classified as having severe limitations for development. This is land often characterized by high water table, poor bearing capacity, high erosion factors, or shallow depth to bedrock. Special treatment is necessary to prevent health and safety hazards and environmental degradation.

(4) Areas of significant horticultural or conservation features. These include mountain ridges, valleys, scenic vistas and significant horticultural features. These areas are valuable because of their beneficial impact on the social environment and their importance in ecological systems. Development should be designed to preserve these areas.

(5) Land suitable for specific purposes. Land suitable for active or passive recreational purposes, such as baseball fields, tennis courts, etc., or for other municipal purposes or because of their location, e.g., adjoining similar lands on adjacent properties.

B. Applicants using open space zoning to protect the areas indicated above should submit designs which generally allow for smaller lots on local streets on flat, well-drained land. Larger lots should be platted in areas of increasing slope, poorer (but still passable) percolation and lands closest to floodplains.

C. Lots adjacent to collector roads shall have greater depths to permit larger back yards and provision for shrubs and trees to serve as buffers. Direct residential access to collector or arterial roads shall be discouraged.

§ 240-78 Location, use and maintenance of dedicated lands.

A. The Planning Board shall have full authority to approve or disapprove the location and proposed uses of lands required to be dedicated in accordance with the foregoing.

B. Dedicated areas proposed to be deeded to the Township shall be deeded free and clear of all mortgages and encumbrances.

C. If deeded to a property owner's association, or similar entity, it shall be deeded free and clear of all mortgages and encumbrances, for their use, control and management open spaces, recreation or agricultural use and include appropriate restrictions to assure the implementation of the purposes of this chapter and to provide for the maintenance and control of the area. All provisions of N.J.S.A. 40:55D-43 relating to the establishment of open space organizations shall be complied with.

§ 240-79 Right of owner.

Proposals in accordance with this article shall only be approved by the Planning Board if, in the opinion of the Planning Board, it will convey some overall benefit to Stillwater Township or to the general health, safety and welfare of the neighborhood. Nothing herein shall be construed as requiring a developer to elect this means of developing a tract.