A. 
No subdivision plat may be filed with the county recording officer until it has been approved by resolution of the Planning Board or, where appropriate, by resolution of the Zoning Board of Adjustment.[1]
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
B. 
No permit for any development, except as set forth below, may be issued until approval of site plans has been obtained by resolution of the Planning Board or, where appropriate, by resolution of the Zoning Board of Adjustment.[2] Individual lot applications for detached one-dwelling-unit buildings shall be exempt from site plan review or approval. The Planning Board may waive site plan approval or delegate the authority to the Zoning Officer. Any request for waiver of site plan shall be reviewed by the Township Planner, who shall submit a report to the Planning Board. All costs of said review shall be met by the applicant through the submitting of fees and escrows equal to 1/2 the amount for preliminary site plan approval.
[Amended 6-3-1991 by Ord. No. 8-91]
[2]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
C. 
Minor site plan.
[Added 12-7-1992 by Ord. No. 25-92]
(1) 
When an application is submitted for change of business tenant or home occupation or for modification of a business property relating to an area of 100 square feet or less not otherwise affecting on-site circulation, parking, lighting, waste disposal, recycling, drainage or other public health and safety issues, the applicant may apply for minor site plan approval. This process is intended to be an expedited process balancing the need of the municipality to ensure that the public's health, safety and welfare are properly safeguarded with the municipal objective of ensuring that the process is least cost to the applicant and minimally time consuming. An application for minor site plan shall include:
(a) 
A plan based on Tax Map or other existing data indicating the shape and location of the property.
(b) 
The location of buildings, parking, lighting, signage, water supply and septic disposal facilities.
(2) 
The fee for minor site plan shall be $200 except in the case of a home occupation application where the fee shall be $50, plus an escrow deposit of $1,000 except in the case of a home occupation application where the escrow deposit shall be $300. Unused escrow will be refunded to the applicant upon issuance of a certificate of occupancy.
[Amended 9-8-1997 by Ord. No. 97-10]
(3) 
Any and all home occupations currently in existence as of the date of adoption of this Subsection C may submit an application for review to the Township Planning Board in accordance with the above provisions and the provisions of Chapter 105, Zoning, of the Code of the Township of Liberty for review.
(4) 
Upon the finding by the Township that the existing activity does not have an adverse impact on adjacent properties and is not such as to pose a hazard to the public health, safety and welfare, such use shall be established as a properly approved use within the Township and a certificate of occupancy shall issue.
Where application for subdivision or site plan approval is required to be made to the Warren County Planning Board pursuant to N.J.S.A. 40:27-6.3 or 40:27-6.6 (Sections 5 and 8 of P.L. 1968, c. 285), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application from the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time period.
[Added 2-1-1988]
A. 
Complete application. An application for development shall be completed for the purpose of commencing the applicable time period for action when the application is deemed complete by the Planning Board in action taken at a regularly scheduled meeting or at a special meeting where the same is deemed necessary by the Board.
B. 
Procedures for applications for development.
(1) 
All applications for development, whether before the Planning Board or the Board of Adjustment,[1] must be complete applications before the respective approving authority will take any action on the application. All applicable time periods for action will commence when the application is deemed complete by the approving authority.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
(2) 
All applications for development must be submitted a full 21 days prior to the meeting of the approving authority at which it is to be heard and must be accompanied by a completed checklist indicating the items submitted.
(3) 
The applicant will be notified if an application is deemed complete or incomplete not later than 45 days after submission of such an application. In the event that the applicant is notified that the application has been deemed complete, said notification will include a date at which the application may be heard by the Planning Board or Board of Adjustment,[2] as appropriate. At that time the applicant shall serve notice to all appropriate parties as indicated in N.J.S.A. 40:55D-10.
[Amended 9-8-1997 by Ord. No. 97-10]
[2]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
(4) 
In the event that the approving authority has not deemed the application complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(a) 
The application lacks the information indicated on the checklist in Subsection C below and provided by the applicant; and
(b) 
The approving authority has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
(5) 
The applicant may request that one or more of the submission requirements be waived, in which event the approving authority shall grant or deny the request within 45 days.
(6) 
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
(7) 
The approving authority may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met.
C. 
Checklist requirements.
(1) 
Listed in Subsection C(2) below are the types of applications for development and a listing of the checklist requirements of Subsection C(2) which must be complied with for each type of application. The checklist is intended as a general reference for the applicant, and it is not intended to replace or supersede the actual provisions of this chapter. In addition, it is the sole responsibility of the applicant to determine prior to the submission of the application whether or not any variances are required and which municipal board the applicant should be before.
(2) 
Checklist requirements.
(a) 
Required items shall be as follows:
[1] 
Minor subdivision: Per attached checklist dated October 18, 2002.[3]
[Amended 8-7-1989 by Ord. No. 6-89;[4]12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11; 12-7-2000 by Ord. No. 2000-11; 6-5-2003 by Ord. No. 02-03]
[3]
Editor's Note: Current checklists are on file in the Township offices.
[4]
Editor's Note: This ordinance also repealed former Subsection C(2)(a)[2], regarding minor subdivision applications.
[2] 
Preliminary major subdivision: Per attached checklist dated October 18, 2002.[5]
[Amended 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11; 12-7-2000 by Ord. No. 2000-11; 6-5-2003 by Ord. No. 02-03]
[5]
Editor's Note: Current checklists are on file in the Township offices.
[3] 
Final major subdivision: Per attached checklist.[6]
[Amended 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11]
[6]
Editor's Note: Current checklists are on file in the Township offices.
[4] 
Minor site plan: Per attached checklist.[7]
[Amended 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11]
[7]
Editor's Note: Current checklists are on file in the Township offices.
[5] 
Preliminary major site plan: Per attached checklist.[8]
[Amended 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11]
[8]
Editor's Note: Current checklists are on file in the Township offices.
[6] 
Final major site plan: Per attached checklist.[9]
[Amended 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11]
[9]
Editor's Note:Current checklists are on file in the Township offices
[7] 
Application or appeal for a bulk variance, pursuant to N.J.S.A. 40:55D-70c: Items in Subsection C(2)(b)[1] through [6] and [12] [13], [15] and [16] are required and any other checklist requirements dependent on the nature of the application, i.e., site plan, subdivision, etc.
[8] 
Conditional use application: Items in Subsection C(2)(b)[1] through [6] and [12], [13], [15] and [18] are required and any other checklist requirements dependent on the nature of the application, i.e., site plan, subdivision, etc.
[9] 
Application or appeal for a use variance, pursuant to N.J.S.A. 40:55D-70d: Items in Subsection C(2)(b)[1] through [6] and [8], [9], [12], [13], [15], [17] and any other checklist requirements dependent on the nature of the application, i.e., site plan, subdivision, etc.
[10] 
Request for interpretation of Zoning Map or Ordinance, pursuant to N.J.S.A. 40:55D-70b: Items in Subsection C(2)(b)[1] through [6] and [12] and [19] and any other checklist requirements dependent on the nature of the application, i.e., site plan, subdivision, etc.
[11] 
Application or appeal for a variance for a building lot which does not abut a street, pursuant to N.J.S.A. 40:55D-36: Items in Subsection C(2)(b)[1] through [6] and [12], [13] and [16] and any other checklist requirements dependent on the nature of the application, i.e., site plan, subdivision, etc.
[12] 
Application for concept approval: Items.
[Added 11-2-1995 by Ord. No. 25-95]
[13] 
All applications: Per attached application checklist.[10]
[Added 12-15-1998 by Ord. No. 98-21; 11-4-1999 by Ord. No. 99-11]
[10]
Editor's Note: Current checklists are on file in the Township offices.
(b) 
Zoning Board of Adjustment Variance Checklist.[11]
[Amended 8-7-1989 by Ord. No. 6-89; 11-6-2003 by Ord. No. 12-2003]
[11]
Editor's Note: Current checklists are on file in the Township offices.
A. 
The applicant shall file with the Secretary of the Planning Board 12 black- or blue-on-white prints of a concept plan which has been certified by a land surveyor licensed by the State of New Jersey, together with three completed applications for classification, the required fee and the materials set forth in Subsection E of this section. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988; 11-2-1995 by Ord. No. 25-95]
B. 
(Reserved)[1]
[1]
Editor's Note: Former § 90-7B, pertaining to returning filed copies of the sketch plat, was repealed 11-2-1995 by Ord. No. 25-95.
C. 
An application number will be assigned to the application by the Secretary and will be used on all papers, maps and documents submitted in conjunction with the application.
D. 
The Secretary of the Planning Board shall forward one copy of the submitted materials to each of the following persons: the Township Engineer, the Zoning Officer, the Construction Official, the Township Planner and the Chairman of the Subdivision and Site Plan Review Subcommittee and shall request each to review the application and report their findings and recommendations to the Board prior to the next regular meeting of the Board.
[Amended 7-6-1987; 11-2-1995 by Ord. No. 25-95]
E. 
Concept plan materials.
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89; 11-2-1995 by Ord. No. 25-95]
(1) 
The following concept plan materials must be submitted by the applicant:
(a) 
A site location or key map at a scale of not less than one inch equals 1,000 feet showing the relation of the property to be subdivided to the entire tract and the relation of the entire tract to the surrounding areas for at least 1,000 feet beyond the boundaries of the entire tract.
(b) 
Existing and proposed streets and roads.
(c) 
Significant natural and man-made features, including streams, wetlands and other water bodies, topography of the site with specific reference to slopes in excess of 25%, highly erodible soils, historic sites, subsurface geology, etc.
(d) 
Zone district and requirements thereof.
(e) 
Title, North point, written and graphic scales, Tax Map sheet and the block and lot number of the tract.
(f) 
The name of the applicant, owner and preparer of plans.
(2) 
Minor subdivisions. A detailed plat of the proposed subdivision based on survey data by a licensed land surveyor (minor subdivision) or Tax Map data (concept major subdivision) at a scale of between one inch equals 50 feet and one inch equals 200 feet (concept) to clearly show, delineate and include the following data:
(a) 
Existing lots, buildings and structures, driveways, streets and roads, brooks, streams, drainage ditches, floodplain delineations, individual and public water and sewerage facilities on the tract and within 200 feet thereof, including the names of all adjoining property owners as described by the most recent municipal tax records. In addition thereto, all wetlands and other significant environmental features shall also be shown.
(b) 
Proposed dedications and reservations of areas for streets and roads, drainage rights-of-way, conservation areas and school sites on the tract and within 200 feet thereof.
(c) 
Proposed lot and street lines with dimensions, lot areas shown in square feet and zoning setback front, side and rear yard lines. All lot lines shall be shown to the nearest second, distances shall be shown to the nearest 1/100 of a foot and lot areas shall be shown in square feet.
(d) 
The plat shall also contain a title, name of subdivision tract, if any, North point, written and graphic scales, date, name, address, seal and signature of land surveyor who prepared the plan, dates of all revisions, Tax Map sheet, block and lot numbers and acreage of tract being subdivided, as well as the name and address of the owner and subdivider so designated, as well as North arrow and reference meridian.
(e) 
Where a public sewerage system is not available and individual sewage disposal facilities must be utilized, the developer shall perform two percolation tests no closer than 20 feet to each other and no further than 40 feet from each other with rates of no greater than 60 minutes and two soil logs no closer than 20 feet to each other and no further than 40 feet from each other with no evidence of seasonal high-water table of less than 24 inches, the same to be witnessed by the Warren County Health Department for each lot in question, including the remainder following the provisions of P.L. 1954, c. 199, and amendments[2] and shall submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with established requirements of P.L. 1954, c. 199, for design and construction of an individual sewage disposal system shall not be approved for building purposes. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. The developer shall submit a plan showing proposed location of individual systems and shall also submit typical designs and layouts for individual sewage disposal systems, the location and results of soil logs and percolation tests performed on each lot, including the remainder, two logs and two percolation tests to be performed on each lot. Tests with rates in excess of 60 minutes per inch or indication of seasonal high-water table at 24 inches or less are not acceptable. All soil logs and percolation tests performed for development applications must be witnessed by the Township Engineer or his designee in accordance with the requirements outlined in Chapter 125 of the Municipal Code.
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(f) 
The plat shall contain a delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then effective standards.
(g) 
Location of all monuments to be set. At least one monument shall be located at the conjunction of a property corner and a public street. Said monument shall be inscribed with the elevation at the top of the monument relative to MSL.
[Added 12-7-2000 by Ord. No. 2000-11]
F. 
(Reserved)[3]
[3]
Editor's Note: Former § 90-7F, regarding approval or rejection of minor subdivisions, as amended, was repealed 11-2-1995 by Ord. No. 25-95.
G. 
(Reserved)[4]
[4]
Editor's Note: Former § 90-7G, regarding classification of major subdivisions, was repealed 11-2-1995 by Ord. No. 25-95.
H. 
Minor subdivision approval shall be deemed to be a final approval of the subdivision by the Board, but the Board may condition such approval on terms which ensure the construction of improvements as may be required under this chapter.
I. 
Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. 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,[5] or a deed clearly describing the approved minor subdivision, is filed with the county recording officer, the Township Engineer and the Township Tax Assessor.
[Amended 6-1-1992 by Ord. No. 15-92]
(1) 
The Planning Board may also extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed as hereinabove set forth if a developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing said map 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 the extension either before or after what would otherwise be the expiration date.
(2) 
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 before the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
[5]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
J. 
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.
K. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
A. 
At least 12 black- or blue-on-white prints of a preliminary plat and such other information as is hereafter required and three complete application forms for preliminary approval shall be submitted to the Secretary of the Planning Board not more than 25 days nor less than 21 days prior to a regular meeting of the Planning Board at which the application is to be considered. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988]
B. 
The Secretary of the Planning Board shall forward one copy of the application to each of the following: the Township Clerk, the Township Planner, the Township Engineer and the Chairman of the Subdivision and Site Plan Review Committee and Warren County Planning Board, and shall request that each file a written report of findings and recommendations forthwith for submission to the Planning Board at its next regular meeting.
[Amended 8-7-1989 by Ord. No. 6-89]
C. 
The Secretary of the Board shall also forward one copy of the application to each of the following: the Board of Health, the Board of Education, the Police Department, the Fire Department and such others as directed by the Chairman of the Planning Board, and shall request them to file a written report of findings and recommendations for submission to the Planning Board at its next regular meeting.
D. 
The administrative officer shall notify the applicant of the time and place of a public hearing, and the applicant shall then comply with the notice and hearing requirements of this chapter.
E. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. All soil logs and percolation tests performed for development applications must be witnessed by the Township Engineer or his designee in accordance with the requirements outlined in Chapter 125 of the Municipal Code.
F. 
The purpose of the preliminary plat is to transfer the proposals of the sketch plat to a precise base to verify their feasibility and merit. All drawings are to be prepared and certified by a professional engineer and a land surveyor. The following preliminary plat materials and detail design plans and data must be presented:
(1) 
A site location or key map, not smaller than one inch equals 1,000 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to its surrounding areas for at least 1,000 feet beyond the tract. The key map shall show and include for the area delineated thereon:
(a) 
Existing and proposed streets and roads, streams and watercourses, floodplain delineations, conservation areas, parks, schools and governmental facilities and sites and lots and at least one intersection, per the Tax Map.
[Amended 8-7-1989 by Ord. No. 6-89]
(b) 
Delineations and classifications of all zoning districts for the areas shown.
(c) 
North point, written and graphic scales and Tax Map sheet, block and lot numbers of the tract being subdivided.
(d) 
In addition to the above, a site layout map shall be prepared at the scale of the appropriate Township Tax Map.
[Added 8-7-1989 by Ord. No. 6-89]
(2) 
A preliminary plat map of the proposed subdivision using a land survey as a base, drawn at a scale of between one inch equals 20 feet to one inch equals 100 feet to clearly show, delineate and include the following data:
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89]
(a) 
Lot layout, lot dimensions and individual lot areas, in square feet. All lot bearings shall be to the nearest hundredth of a foot, lot areas to the nearest foot.
(b) 
Existing contours, based on United States Geological Survey datum, at vertical intervals of not greater than two feet, together with spot elevations to determine general slope and natural drainage of the land and high and low points. For all land with slopes in excess of 15% contours shall be shown at five-foot intervals. Floodplain delineations for the one-hundred-year storm shall be shown.
(c) 
Existing lots, buildings and structures, with an indication of whether they will be retained or removed, and the extent of wooded areas, including isolated individual trees over 18 inches in diameter.
(d) 
Existing and proposed streets, easements, suggested street names, proposed building setback lines for each street, dedication and reservations of areas for drainage rights-of-way, parks, conservation areas and floodplain delineations.
(e) 
General note delineating proposed methods of water supply and sewage disposal to service the development tract.
(f) 
A title, name of subdivision tract, if any, North point reference meridian, written and graphic scale, name, address, seal and signature of engineer and land surveyor who prepared the plan, date of all revisions, Tax Map sheet, block and lot numbers and acreage of tract being subdivided, as well as name and address of the owner and subdivider so designated and delineation and names of all adjacent property owners within 200 feet of the boundary of the subdivision tract.
(g) 
A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then effective standards.
(h) 
All plats shall be drawn so as to be consistent with and tied into the New Jersey State Plan Coordinate System dated 1983 or as thereafter amended.
[Added 12-6-2001 by Ord. No. 2001-9]
(3) 
Preliminary design plans and data shall be submitted and shall include details of all designs, constructions and proposed improvements to be made and installed as part of the overall project and shall include:
(a) 
Plans and profiles at a scale not smaller than one inch equals 50 feet horizontal and one inch equals five feet vertical and cross-sections at a scale not smaller than one inch equals five feet (horizontal and vertical) of all proposed streets within the subdivision and existing streets abutting the subdivision. The chord bearings, distances, arc lengths and radii of all curves along all street lines shall be shown.
(b) 
Typical cross-sections for all streets, indicating dimensions, materials and types of construction of roadway pavements, curbs, sidewalks, planting strips, driveway entrances, shade tree plantings, grading, etc.
(c) 
Maps, profiles, plans and supporting data showing existing area drainage, both on- and off-site, upstream and downstream watercourses, structures, brooks and floodplain delineations, including area and runoff calculations and engineering evaluations of existing facilities and their ability to accept increased runoff, and plan proposals for improvements to existing facilities and proposed additional areawidei drainage constructions shall be submitted.
(d) 
Maps, profiles, plans, calculations, details of design and construction of all on-site drainage facilities proposed, including plans for all final site grading. Contours for final site grading shall be based on United States Geological Survey datum and shall be at a vertical interval of not greater than one foot, with spot elevations at all high and low points shown.
(e) 
Where a public sewerage system is not available and individual sewerage disposal facilities must be utilized, the developer shall perform two percolation tests no closer than 20 feet to each other and no further than 40 feet from each other with rates of no greater than 60 minutes and two soil logs no closer than 20 feet to each other and no further than 40 feet from each other with no evidence of seasonal highwater table of less than 24 inches, the same to be witnessed by the Warren County Health Department for each lot in question, including the remainder following the provisions of P.L. 1954, c. 199, and amendments[1] and shall submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with established requirements of P.L. 1954, c. 199, for design and construction of an individual sewage disposal system shall not be approved for building purposes. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. The developer shall submit a plan showing the proposed location of individual systems and shall also submit typical designs and layouts for individual sewage disposal systems.
[Amended 2-1-1988]
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(f) 
Detailed plans of other utility layouts proposed for gas, telephone and electric, showing connections to existing or proposed public utilities, together with letters of assurance that such utilities will be provided.
(g) 
Detailed maps and plans for any open space proposed to be dedicated for playgrounds, conservation areas or other public or private uses, together with plans for any improvements or constructions to be made thereon.
(4) 
A true copy of any existing or proposed easements, covenants or deed restrictions applying to the land being subdivided or certification that no such covenants or restrictions exist and none will be imposed upon the land by the subdivider.
(5) 
A soil erosion and sediment control plan, which shall contain a map at a scale of one inch equals 100 feet (1:1,200), showing the following. For all slopes in excess of 15%, contours shall be shown at five-foot intervals.
[Amended 8-7-1989 by Ord. No. 6-89]
(a) 
Topography of the site, showing contours at two-foot intervals and delineating floodways and flood fringe areas.
(b) 
Proposed measures for soil erosion and sediment control.
(c) 
The sequence of installation of soil erosion and sediment control measures as related to the progress of the project.
(d) 
Detailed engineering plans containing a site plan showing proposed grading and performance capabilities of soil erosion and sediment control measures and soil conservation service approval.
(6) 
A surface water runoff control plan, which shall contain a map or maps at a scale of one inch equals 100 feet (1:1,200), showing:
(a) 
The location of all swamps, floodplains, floodways, flood hazard areas, marshlands, streams, drainage ditches, drainageways, watercourses, berms, terraces, grassed waterways, swales, ditches, woodlands and rock formations.
(b) 
Proposed measures for surface water runoff control before, during and after disturbance, which shall meet the standards set forth in this chapter.
(c) 
The sequence of installation of the surface water runoff control measures as related to the progress of the project.
(7) 
An environmental impact statement as defined in § 90-14I.
[Added 8-7-1989 by Ord. No. 6-89]
(8) 
Constraints calculations and areas, as required in § 90-14H.
[Added 8-7-1989 by Ord. No. 6-89]
(a) 
The development of environmentally sensitive lands is to be minimized. The following categories of land are determined to be environmentally sensitive as to impose constraints upon their use:
[1] 
Wetlands, as defined in § 90-8F(2)(g).
[2] 
Water bodies, watercourses, etc.
[3] 
Slopes in excess of 15%.
[4] 
Areas of seasonal high-water table with 36 inches of the surface.
[5] 
Areas of bedrock within four feet of the surface.
(b) 
In order that these areas are not developed beyond reasonable densities, the following constraints factors shall be applied in calculating total lots permitted and each lot in a subdivision. No lot size in excess of five non-wetland/water constrained acres shall be required nor shall any resulting lot contain less area than that required in the zone.
Constraint
Factor
Wetlands
0.0
Water bodies, etc.
0.0
Slopes in excess of 25%
0.2
Slopes between 15 and 25%
0.33
Areas of seasonal high-water table (3 feet)
0.33
Areas of bedrock (4 feet)
0.33
Nonconstrained land
1.00
NOTE: A base equal to 1.0 acre lot size is used in all calculations.
Sample calculations
100 acres:
60 acres nonconstrained
10 acres wetland
10 acres at 25% grade
10 acres at 15% to 25% grade
10 acres at seasonal high-water table
60 acres x 1.0
= 60
10 acres x 0.0
= 00
10 acres x 0.2
= 2
10 acres x 0.33
= 3.3
10 acres x 0.33
= 3.3
Total result
= 68.6 acres
1-acre zone, 68 lots
NOTE: Each individual shall meet the minimum area requirements for the zone after the constraints are factored in.
G. 
Upon submission of a complete application for a subdivision of 10 lots or fewer, 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 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 for the subdivision.
H. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application.
I. 
Effect of preliminary approval.
(1) 
Preliminary approval of a major subdivision shall confer upon the applicant for a period of three years from the date on which the resolution of preliminary approval was adopted all the rights specified in N.J.S.A. 40:55D-49, including the right to apply for extensions thereof as set forth in said section.
[Amended 6-1-1992 by Ord. No. 15-92]
(2) 
In the case of a subdivision of an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection I(1)(a), (b) and (c) above 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, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
A. 
The 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 this chapter for final approval, the conditions of preliminary and construction approval and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-88]
B. 
Pursuant to time limitations set forth according to law and other requirements of this chapter concerning installation of improvements for major subdivisions, an applicant may, within in such time limitations and after required improvements are installed, apply for final plat approval of a major subdivision.
C. 
Not more than 21 days nor less than 14 days prior to a regular meeting of the Planning Board, the applicant shall file with the Secretary of the Planning Board the original cloth or Mylar tracing, one duplicate tracing on cloth or Mylar, two black-on-white cloth prints and 12 black- or blue-line white prints of the final plat, which has been certified by a land surveyor licensed by the State of New Jersey, together with three completed applications for final approval, the required fees and all materials set forth below.
D. 
The final plat shall be drawn in ink on cloth or Mylar at a scale of one inch equals 100 feet. It shall meet all statutory requirements for map filing with the county recording officer. The final plat shall show or be accompanied by the following information and certification:
(1) 
The tract name, Tax Map sheet, block and lot numbers, date, reference meridian, written and graphic scales and the names and addresses of:
(a) 
The record owner or owners.
(b) 
The subdivider.
(c) 
The person who prepared the map.
(2) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of a site other than residential shall be noted.
(4) 
The Tax Map sheet, block and lot numbers assigned by the proper authority.
(5) 
Minimum building setback lines on all lots and other sites.
(6) 
Location and description of all monuments and location and elevation of a permanent benchmark, accessibly placed, together with a notation as to the datum from which it was established.
(7) 
The names of owners of adjoining land.
(8) 
Certification by a licensed engineer or licensed surveyor that he prepared the plat.
(9) 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(10) 
When approval of the plat is required by an officer or body of the municipality, county or state, approval shall be certified on that plat.
(11) 
A certificate from the Tax Collector that all taxes are paid to date.
(12) 
One original Mylar or cloth tracing and six black-or blue-line paper prints of as-built plans and profiles, showing streets, curbs, sidewalks, storm drains, sanitary sewers, water mains and gas, electric and telephone utilities, including individual building or lot connections for all required development improvements.
(13) 
Certification by the developer's engineer that all required on- and off-tract improvements have been indicated on the final plat.
(14) 
Certification by the Township Clerk that a performance guaranty for bondable improvements, as hereafter set forth, has been furnished.
(15) 
Certification by the Township Clerk that a maintenance bond, not to exceed 15% of the cost of the improvements, has been posted with the governing body for all on-tract improvements. This maintenance guaranty shall be posted for a period not to exceed two years after final acceptance of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
[Amended 6-3-1991 by Ord. No. 8-91]
(16) 
Certification by the Township Clerk that all inspection fees have been paid.
(17) 
Certification by the Township Clerk that the developer's prorated cost of reasonable and necessary off-tract improvements has been posted.
(18) 
Certification by the Township Clerk that all assessments have been paid, if applicable.
(19) 
All certifications required by P.L. 1960, c. 141.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(20) 
An as-built drawing shall be submitted showing all utilities as constructed; all conservation areas shall be described by metes and bounds, as shall other easements required by the Board.
[Added 8-7-1989 by Ord. No. 6-89]
(21) 
A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then-effective standards.
[Added 2-1-1988]
(22) 
At least one monument shall be located at the conjunction of a property corner and a public street. Said monument shall be inscribed with the elevation at the top of the monument relative to MSL.
[Added 12-7-2000 by Ord. No. 2000-11]
E. 
Prior to the granting of final approval or the recording of the final subdivision plan, the subdivider shall have installed all improvements or shall have furnished a performance guaranty to ensure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed 120% of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The capital fee for cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter, Chapter 53, Driveways, or such other standards as may apply and shall be based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Municipal 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 Municipal Clerk. After the developer posts a guaranty with the municipality 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. If any portion of any required improvements is rejected by the Township and the Township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[2]
[Amended 8-7-1989 by Ord. No. 689; 6-1-1992 by Ord. No. 15-92; 10-6-1997 by Ord. No. 97-14]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
F. 
In regard to performance guaranties, the following procedures shall be followed:
(1) 
The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.
(2) 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
(3) 
When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a written report with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
(4) 
The governing body shall either approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvement. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for the portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
(5) 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.
(6) 
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.
(7) 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
G. 
Before the final subdivision plat is recorded, a maintenance guaranty shall be posted by the developer with the governing body for a period not to exceed two years after final acceptance of all improvements, in an amount not to exceed 15% of the costs of the improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256.[3] In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements, except that the developer shall submit to the Municipal Engineer approvals from said public utilities. If any correction or reconstruction of any such improvement is necessary and is to be performed by the Township with the proceeds of any maintenance guaranty, the costs thereof shall be subject to public bidding requirements under the Local Public Contracts Law.[4]
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
[3]
Editor's Note: See N.J.S.A. 40:55D-53.4.
[4]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
H. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the developer.
I. 
The effect of final approval of a major subdivision shall be as follows:
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 90-8, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection J of this section. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required for final approval and has duly recorded the plat as required in Subsection J of this section, 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 the Municipal Land Use Law.[5] the granting of final approval terminates the time period of preliminary approval pursuant to § 90-8 for the second granted final approval.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
In the case of a conventional subdivision, the Planning Board may grant the rights referred to in Subsection I(1) 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.
J. 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless, within such period, the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed to the final plat until the developer has posted the guaranties required pursuant to this section.
(1) 
The Planning Board may also extend the ninety-five-day or one-hundred-ninety-day period if a 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.
[Added 6-1-1992 by Ord. No. 15-92]
(2) 
The zoning rights applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted. Extensions of final approval may be granted pursuant to the provisions of N.J.S.A. 40:55D-52.
[Added 6-1-1992 by Ord. No. 15-92]
K. 
Transfer or sale of land.
(1) 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an ageement 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 the Municipal Land Use Law,[6] 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.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Subsection L below.
(3) 
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 to 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.
L. 
Certificate of approval.
(1) 
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.
(2) 
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 office. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(a) 
That there exists in the Township of Liberty a duly established Planning Board and that there is an ordinance controlling subdivision of land.
(b) 
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 the subdivision of which the lands are a part is a validly existing subdivision.
(3) 
The administrative officer shall be entitled to demand and receive for such certificate issued by him 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 by him to the municipality.
M. 
Acquisition of interest in land; addressing of application.
(1) 
Any person who shall acquire, for a valuable consideration, an interest in the lands covered by any such certificate of approval of a subdivision 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 municipality pursuant to the provisions of Subsection K(1) of this section.
(2) 
If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the 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 municipality pursuant to Subsection K(1) of this section.
(3) 
Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.
A. 
Site plan approval shall be required prior to the issuance of any permit for development, with the exception of permits for one- and two-family homes.
[Added 3-6-1995 by Ord. No. 3-95]
B. 
Submission of plans.
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89; 3-6-1995 by Ord. No. 3-95]
(1) 
At least 21 days prior to a regular meeting of the Board, the applicant shall file with the Secretary of the Planning Board a site plan which will consist of 12 copies of the required data, together with three copies of a completed application form and required fee. Applications shall be completed in accordance with § 90-6.1 of this chapter. Amendments to site plans shall be filed 14 days prior to a regular meeting of the Board.
(2) 
The Secretary of the Planning Board shall forward one copy of the application to each of the following: the Township Clerk, the Township Engineer, the Township Planner, the Chairman of the Subdivision and Site Plan Review Committee and the Warren County Planning Board, and shall request that each file a written report of findings and recommendations forthwith for submission to the Planning Board at its next regular meeting.
(3) 
Submission of minor site plan. Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development, as provided in Chapter 72, Land Use Procedures and Fees, of this Code, and classified as a minor site plan, as defined in § 90-3 of this chapter, an application for minor site plan shall be filed with the Secretary of the Planning Board or Board of Adjustment ("Board")[1] as appropriate.
(a) 
Required information. A minor site plan application shall contain all the data and information indicated below:
[1] 
Name, address and telephone number of the owner and applicant.
[2] 
Plans, depicting the proposed alterations to the site, including the following:
[a] 
Block and lot of property.
[b] 
Preparer of plans, date of preparation, scale and North arrow.
[c] 
Location of all existing and proposed structures, roads, parking, lighting and other relevant features within 200 feet of the proposed alterations.
[d] 
Area of disturbance.
[e] 
Soil erosion and sediment control plan.
[f] 
Zone and zoning requirements.
(b) 
Waiver of site plan. The Board may, upon a finding that the proposed change of use, alteration or other activity leading to the requirement for site plan approval is de minimis, waive any or all requirements for a site plan. Said waiver may be for a set period of time [e.g., six months] or be a permanent waiver.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
C. 
The applicant shall comply with the notice and hearing requirements of this chapter.
D. 
If the application is found to be incomplete, the developer shall be notified, in writing, within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 8-7-1989 by Ord. No. 6-89]
E. 
Plan details. Each site plan submitted shall be prepared by a licensed architect or engineer and shall be at a scale sufficient to clearly delineate the plan details and the following data and information:
(1) 
The Tax Map block and lot number and Tax Map sheet and zone district in which the property is located.
[Amended 8-7-1989 by Ord. No. 6-89]
(2) 
A North arrow and reference meredian.
[Amended 8-7-1989 by Ord. No. 6-89]
(3) 
A scale of no less than one inch equals 50 feet.
[Amended 8-7-1989 by Ord. No. 6-89]
(4) 
Existing and proposed street names, if any.
(5) 
Title of plan.
(6) 
A key map, in accordance with § 90-8F(1).
[Amended 8-7-1989 by Ord. No. 6-89]
(7) 
The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land, as shown by the most recent municipal tax records, within 200 feet of any boundary of the site.
(8) 
The lot dimensions to the nearest hundredth of a foot, bearings to the nearest second.
[Amended 8-7-1989 by Ord. No. 6-89]
(9) 
The location of all existing and proposed structures, outside dimensions and elevations.
(10) 
Topography, showing existing and proposed contours at two-foot intervals, based on United States Geological Survey datum. A reference bench mark shall be clearly designated. For all land with slopes in excess of 15%, contours shall be shown at five-foot intervals.
[Amended 8-7-1989 by Ord. No. 6-89]
(11) 
All existing physical features, including streams, watercourses, wooded areas where there exist trees greater than five inches in caliper, measured at a height of 4 1/2 feet above ground level, indicated in general location on the plan and area marked in the field, and significant soil conditions, such as swamp or rock.
(12) 
Building setback, side line and rear yard distances.
(13) 
Parking, loading and unloading areas, including the number of places, dimensions, traffic patterns, access aisles and curb radius.
(14) 
Improvements, such as roads, curbs, bumpers and sidewalks, with cross-sections, design detail and dimensions.
(15) 
The location and design of existing and proposed water systems, sanitary waste disposal systems, water mains and appurtenances and the method of refuse disposal and storage. Two soil logs and two percolation tests shall be submitted in accordance with § 90-10E(23).
[Amended 8-7-1989 by Ord. No. 6-89]
(16) 
A landscaping and buffering plan, showing what will remain or be removed and what will be planted, indicating types of plants, trees and dimensions. Where a commercial use abuts a residential zone or use, buffering shall screen the commercial use from such residential properties.
[Amended 8-7-1989 by Ord. No. 6-89]
(17) 
Lighting details, indicating type of standard, location, radius of light and intensity of footcandles.
(18) 
Locations, dimensions and details of signs.
(19) 
Renderings or drawings of front facade, as well as the building materials to be used.
(20) 
A soil erosion and sedimentation control plan, which shall contain all the data set forth in § 90-8 of this chapter.
(21) 
A surface water runoff control plan, which shall contain all the data set forth in this chapter under requirements for preliminary approval of a major subdivision.
(22) 
A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then-effective standards.
[Added 2-1-1988]
(23) 
Where a public sewerage system is not available and individual sewage disposal facilities must be utilized, the developer shall perform two percolation tests no closer than 20 feet to each other and no further than 40 feet from each other with rates of no greater than 60 minutes and two soil logs no closer than 20 feet to each other and no further than 40 feet from each other with no evidence of seasonal high-water table of less than 24 inches, the same to be witnessed by the Warren County Health Department for each lot in question, including the remainder following the provisions of P.L. 1954, c. 199, and amendments[2] and shall submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with established requirements of P.L. 1954, c. 199, for design and construction of an individual sewage disposal system shall not be approved for building purposes. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. The developer shall submit a plan showing the proposed location of individual systems and shall also submit typical designs and layouts for individual sewage disposal systems.
[Added 2-1-1988]
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(24) 
For site plans on lots in excess of 10 acres, an environmental impact statement (EIS) as defined in § 90-14I shall be submitted. Where the Board finds it appropriate, an EIS may be required on sites fewer than 10 acres.
[Added 8-7-1989 by Ord. No. 6-89]
F. 
Upon submission of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, 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 of the site plan.
G. 
If the Planning Board required 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.
H. 
Conferral of rights.
(1) 
Preliminary approval of a site plan act shall, except as provided in Subsection H(2) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(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; off-tract improvements; and any requirements peculiar to site plan approval pursuant to the New Jersey Municipal Land Use Act;[3] except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(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 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.
(2) 
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern. 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.
A. 
The Planning Board shall grant final approval of a site plan if the detailed drawings, specifications and estimates of application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988]
B. 
The final site plan must be drawn in ink on cloth, Mylar or equivalent material. Each lot and block shown on it shall be numbered as specified by the Township Assessor. In addition, the following certifications must be attached:
(1) 
Certification by the Township Tax Collector that all taxes have been paid.
(2) 
Certification by the developer's engineer that all on-tract improvements have been built or installed. The dimensioned location of all such improvements shall be shown on the final plat.
(3) 
In lieu of the certification required by Subsection B(2) above, the developer shall have furnished a performance guaranty to insure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed 120% of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter and shall be based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Municipal 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 Municipal Clerk. After the developer posts a guaranty with the municipality 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. If any portion of any required improvement is rejected by the Township and the Township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[1] All performance guaranties shall be at the discretion of the Planning Board and shall be in the form of cash or an irrevocable letter of credit.
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(4) 
Certification by the Township Clerk that a maintenance guaranty has been posted by the developer with the governing body for a period not to exceed two years after final acceptance of all improvements, in an amount not to exceed 15% of the costs of the improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256.1 In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements, except that the developer shall submit to the Municipal Engineer approvals from said public utilities. If any correction or reconstruction of any such improvement is necessary and is to be performed by the Township with the proceeds of any maintenance guaranty, the costs thereof shall be subject to public bidding requirements under the Local Public Contracts Law.[2]
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(5) 
Certification by the Township Engineer that all inspection fees have been paid.
(6) 
Certification by the Township Clerk that the developer's pro rata cost for reasonable and necessary off-tract improvements has been posted.
(7) 
A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then-effective standards.
[Added 2-1-88]
(8) 
An as-built of all utilities, conservation areas or other easements shall be provided with metes and bounds descriptions of said easements and conservation areas.
[Added 8-7-1989 by Ord. No. 6-89]
C. 
Prior to granting of final site plan approval, the developer shall have furnished performance guaranties for the ultimate construction and installation of the improvements set forth in § 90-9.
D. 
Prior to granting of final site plan approval, the developer shall have satisfied the Board that he has complied with all the provisions of this chapter.
E. 
Prior to granting of final site plan approval, the developer shall provide for sidewalks from each building entrance or exit, along parking lots, driveways and other buildings and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated.
F. 
Guaranties; improvements.
(1) 
The following guaranties shall be required:
(a) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F(1)(a), requiring the developer to furnish a performance guaranty, was repealed 6-1-1992 by Ord. No. 15-92.
(b) 
As a condition of final site plan approval, the developer shall furnish a maintenance guaranty as set forth in Subsection B(4) above.
[Amended 6-3-1991 by Ord. No. 8-91; 6-1-1992 by Ord. No. 15-92]
(2) 
The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.
(3) 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
(4) 
When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
(5) 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or to provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
(6) 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.
(7) 
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 Municipal Engineer.
(8) 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
G. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
H. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the provisions of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, 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 chapter, the granting of final approval terminates the time period of preliminary approval.