The various rules and regulations contained herein are meant to enable processing of various development applications in accordance with procedures and objectives as established in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A. 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision or site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.
B. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use, provided that such request shall be made to the Township Committee within 10 days of final approval. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval caused by the reservation. Payment for one year of compensation shall be based upon the applicant requesting of the Township Committee no greater than 5% of the current assessed value of the land so reserved.
The Planning 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 applicant pursuant to this section, notice of the hearing on the plat or site plan shall include reference to the request for such conditional use.
A. 
When necessary, hearings shall be required as part of approval for all applications for development.
B. 
Maps and documents and exhibits on file. A complete set of maps, documents and exhibits shall be on file at the office of the Planning Board at least 10 days prior to the date of the noticed hearing.
C. 
Public notice of application.
(1) 
When required.
(a) 
A public notice shall be required for preliminary approval of all major subdivision applications, approval of all minor site plan and minor subdivision applications requiring a zoning variance to be granted by the Planning Board and of all site plan applications in excess of four acres.
(b) 
Such notice shall be required as part of a development application's requirements for a determination of completeness. Failure to provide such notice shall deem an application incomplete, irrespective of its conformity with applicable Township ordinance requirements.
(2) 
Contents of notice, to whom required and how served. Notice requirements for hearings, contents of such notices, to whom required and how served shall be in accordance with such requirements as stipulated in Article VI of Part 2, Zoning.
D. 
Transcript of hearings. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall arrange for the reporter's attendance.
A. 
Decisions to be in writing and contain findings and conclusions. Each decision of the Planning Board on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
B. 
County Planning Board approval. Whenever review or approval of any application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
C. 
Developments barred by administrative or judicial order. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent Jurisdiction to protect the public health and welfare, the Planning Board shall process such application for development in accordance with this chapter, and if such application complies with the requirements of this chapter, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
D. 
Approval by other governmental agencies. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.
E. 
Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning Board, within 10 days after the date of decision, to the applicant, or if represented then to his attorney, without separate charge, and to all others upon request for a fee as noted in the Township's Fee Ordinance.
F. 
Filing in office of administrative officer. A copy of each decision shall also be filed by the Planning Board in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a fee as noted in the Township's Fee Ordinance and available for public inspection at his office during reasonable hours.
G. 
Publication. A brief notice of each decision shall be published by the administrative officer, and the Township may make a reasonable charge for such publication. The applicant, also, may cause such publication to be made if he so desires. The time for appeal from the decision shall run from the first publication, whether made by the administrative officer or the applicant.
H. 
Time for decision on applications to Planning Board for preliminary approval of site plans and major subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres or less or for a major subdivision of 10 or fewer lots within 45 days and for a site plan of more than 10 acres or for a major subdivision of more than 10 lots within 95 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in § 170-140J through N.
I. 
Time for decision on applications to Planning Board for minor subdivision approval and final approval of site plans and major subdivisions. Final approval of site plans and major subdivisions and approval of minor subdivisions shall be granted or denied on applications to the Planning Board within 45 days after the date of submission of a complete application to the administrative officer, except as otherwise provided in § 170-140J through N.
J. 
Time for decision when Planning Board reviews conditional uses or site plans simultaneously with subdivisions. Whenever the Planning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.
K. 
Time for decision when Planning Board reviews applications for subdivision, site plan or conditional use approval that includes request for variance. Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the administrative officer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter.
L. 
Time for decision when Planning Board reviews application for conditional use that includes request for site plan approval. Whenever the Planning Board reviews an application for a conditional use that includes a request for site plan approval, the Planning Board shall grant or deny approval of the application within 95 days after the date of submission of a complete application to the administrative officer.
M. 
Time for decision when Board of Adjustment reviews subdivision, site plan or conditional use in conjunction with use variance. Whenever an application is made to the Board of Adjustment for subdivision, site plan or conditional use approval in conjunction with the Board's review of a use variance, the Board of Adjustment shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the administrative officer.
N. 
Extension of time for decision. Any time period for action by the Planning Board may be extended with the consent of the applicant or appellant.
O. 
Failure to make decision within allotted time. The failure of the Planning Board to act within such time period or extension thereof shall constitute a decision favorable to the applicant or appellant. A certificate of the administrative officer as to such failure shall be issued on request of the applicant or appellant, and it shall be sufficient in lieu of written endorsement or other evidence of approval required by this chapter and shall be accepted as such by the County Clerk for purposes of filing subdivision plats.
A. 
General. Planned development applications, upon receipt of favorable findings by the Planning Board as stipulated in Part 2, Zoning, shall be reviewed, where applicable, in accordance with the subdivision or site plan procedures and design regulations as they may apply to the application.
B. 
Common open space.
(1) 
The final plan for a development containing common open space shall delineate and dimension such open space and shall designate the name of the person responsible for the maintenance thereof. The documents creating responsibility for such maintenance shall be approved by the Planning Board and filed with the Township Tax Assessor and the Salem County Clerk.
(2) 
In a planned development to be developed in one phase, all proposed improvements of the common open space, as indicated on the approved final plan, including recreational facilities, buildings and landscaping, shall be completed before more than 25% of the certificates of occupancy of dwelling units or square feet of nonresidential structures will be granted by the Township.
(3) 
For planned developments staged overtime into different phases, all proposed improvements of the common open space within a phase of the development as indicated on the approved preliminary plan, shall be, at a minimum, 80% completed with performance bonds posted for the remaining 20% of common open space improvements and at least 25% of the certificates of occupancy of dwelling units or square feet of nonresidential structures in a phase shall be issued, prior to the Planning Board granting final approval to a succeeding phase of development. The Planning Board shall determine the extent of common open space completion based on a field inspection report prepared by the Township Engineer indicating percentages of quantities of work completed as measured against proposed improvements shown on the final plan of each section.
C. 
Obligation of successive owners in planned developments.
(1) 
In the event of any conveyance or transfer of any property within a planned development, the Planning Board shall be given notice of such intended conveyance or transfer prior to any actual transference thereof. Such notice shall be accompanied by the following:
(a) 
A precise description of the interest being transferred.
(b) 
The obligations to be assumed by the transferee.
(c) 
A copy of any agreement entered into between the transferor and the transferee.
(d) 
An agreement that the transferee agrees to be bound by all of the applicable provisions of prior Planning Board approvals.
(e) 
Such other information as may be required by the Planning Board.
(2) 
The Planning Board, following receipt of such notice and supporting information, shall consider the effect of the proposed conveyance or transfer on the completion and implementation of any terms, conditions and obligations imposed pursuant to the approvals granted by the Planning Board and may require such additional assurances as it shall deem necessary to protect the public interest and the integrity of the approved planned development plan. The terms, conditions and obligations of any Planning Board approvals shall be binding on the origin at developer, their successors and assigns, provided that no obligation, term or condition may be assigned without the prior written consent of the Planning Board.
D. 
Additional documentation in support of preliminary and/or final approvals. The Planning Board may require additional documentation and study by the applicant in support of a planned development application for preliminary or final approval. Such documentation may be based on earlier data submitted by the applicant in order to gain favorable findings of approval as required by Part 2, Zoning, updated as appropriate for the development application. The Board may require, but shall not be limited to, one or all of the following:
(1) 
In the case of a proposed development which contemplates construction over a period of years, information indicating 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.
(2) 
For the particular stage which approval is sought, information that indicates the stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, common open space, all amenities and other similar physical features and capable of occupancy, operation and maintenance upon completion of construction and development.
(3) 
That each stage for which approval is sought is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
(4) 
That adequate protection is provided to ensure the proper disposition of each stage for which approval is sought through the use of maintenance and performance guaranties, covenants and other formal agreements.
(5) 
That the applicant demonstrate, through a market feasibility study and other possible study techniques, the demand for the principal proposed uses within each stage for which approval is sought, the probable rental prices or sales costs for such facilities and other relevant market data.
(6) 
That the applicant provide a cost-benefit analysis or other similar study to review the relative estimated municipal costs, services and ratables which might be anticipated for the stage of development for which approval is sought.
(7) 
That the applicant provide a circulation study indicating the effect of the planned development on its surrounding areas, including estimates of total automotive trips generated, peak hour demand, present anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned development.
A. 
A corporation or partnership applying to the Planning Board or the Board of Adjustment for permission to subdivide a parcel of land into six or more lots or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
B. 
Disclosure of ten-percent ownership interest of corporation or partnership which is 10% of applying corporation or partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or ten-percent or greater interest in a partnership, subject to disclosure pursuant to § 170-142A, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of ten-percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this act have been listed.
C. 
Disapproval of application. The Planning Board, Board of Adjustment or governing body shall not approve the application of any corporation or partnership which does not comply with § 170-142A or B.
D. 
Penalty. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a ten-percent or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
A. 
Display of sales map. Except for minor site plan and minor subdivision, a developer who has obtained final approval shall maintain a sales office upon the issuance of the first construction permit and display therein in a prominent fashion the officially approved preliminary plat and the final plat and, in addition thereto, a sales map which may be observed and reviewed by any and all persons calling at such office.
B. 
Basis of sales map. The sales map shall be based upon the final plat, as well as Official Tax Map information, at a scale of not more than 100 feet to the inch. The map shall show the development plan and all land contiguous thereto for a distance of 2,000 feet within or without the Township.
C. 
Provisions of sales map. The sales map shall clearly show and include for that area within 2,000 feet of the development the following information:
(1) 
The location of connector streets to the proposed street(s) within the development.
(2) 
The location of all state, county and municipal roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are evidenced upon the Township Master Plan or Salem County Master Plan or State Transportation Master Plan, the same shall be indicated upon the sales map.
(3) 
The location of all railroads, rights-of-way, airports, heliports and airport runways, overhead easements for transmission of power or otherwise, rights-of-way for public utilities and locations of public utility plans.
(4) 
The location of all sanitary landfill operations which are in existence, proposed or which have been closed.
(5) 
The location of all existing and proposed, in accordance with the Master Plan, schools, parks, playgrounds, open space and public buildings.
(6) 
The location of all streams, ponds, floodplains, stormwater facilities, greenbelts and watercourses.
D. 
Waiver of restrictions with notation. All zoning restrictions or improvements applicable to the development shall be shown with notation as to which restrictions have been waived, relaxed or varied by a Township agency.
E. 
Zoning district classification. All contiguous property to the tract shall have prominently displayed thereon the zoning district classification, whether such property is within or without the Township, as well as any Township restrictions on construction of accessory structures.
F. 
Property taxes displayed. There shall be displayed upon said sales map a reasonable estimate of the amount of property taxes to be levied upon the proposed property to be sold in the upcoming year.
A. 
Conditions precedent.
(1) 
Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval.
(2) 
The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit or zoning permit be issued.
B. 
Conditions subsequent. Whenever any application for development is approved subject to conditions which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such conditions within six months from the date of the resolution memorializing final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
C. 
Nothing herein contained shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for good cause shown.
D. 
The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions, shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.