Township of White, NJ Subdivision and Site Plan Review

In addition, recognizing the construction, replacement and modernization of certain specialized production and processing facilities is essential to existing uses in the I-Industrial District, the following types of construction shall be exempt from site plan review and approval in connection with any site in the I-Industrial zone of at least 50 acres in size which is already occupied by an active principal use:

Interior renovations or alterations that do not increase the need for off-street parking.

Minor additions or alterations to existing structures or buildings, which minor additions or alterations do not exceed 1,000 square feet in area, do not require any variances and do not involve any changes in on-site drainage or circulation.

Construction of accessory structures or buildings of less than 1,000 square feet in area which do not require any variances and which do not involve any changes in on-site drainage or circulation.

New signs or alterations to existing signs that comply with the requirements of § 160-86 and whose location is more than 200 feet from the nearest property line.

The Planning Board may delegate to the Township Engineer the responsibility for determining whether such construction qualifies for exemption from site plan review and approval. The Township Engineer shall report his findings to the Construction Official prior to the issuance of permits and shall forward a copy of said report to the Planning Board. If such construction does not qualify for exemption, it shall be referred to the Planning Board.

In the event that a subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this article.

Time of filing. Said application shall be filed with the Secretary of the municipal land use agency at least two weeks prior to the regular meeting of the municipal agency. Upon filing of the application, the municipal agency engineer and Secretary shall review the application for completeness in accordance with § 160-36. After the completeness review, the municipal agency engineer and Secretary will make a recommendation of completeness to the municipal agency. Subsequent to its having certified the application complete, the municipal agency will notify the applicant as to when the application will be placed on the agenda for a regular meeting of that municipal agency.

Application content. The content of the application shall be as required by the checklist provided for in § 160-36.

Filing fees. The application shall be accompanied by the filing fees required by § 160-53.

All applications for subdivision and site plan approval, or waiver thereof, shall be consistent with the provisions of the New Jersey Highway Access Management Act.

§ 160-63 Plat and plan details.

[Amended 9-5-1986]

All plats filed with the municipality for review and/or approval pursuant to this chapter shall contain or be accompanied by the information required by the checklists called for by § 160-36 of this chapter. The following subsections explain those requirements:

Calculation of total land available for development.

When an application proposes the creation of new lots, the plan shall contain all information necessary to perform the calculations required by § 160-110 of this chapter, and the calculations shall be set forth on the plat.

In minor subdivisions which rely on the United States Geological Survey mapped contour lines, if a more accurate determination of the actual slopes on the lots is necessary to calculate the total land available for development, the Planning Board may require submission of a topographic survey, with two-foot contour intervals, based upon actual field measurements.

Residential cluster details. In the case of an application for a subdivision utilizing the open space zoning or residential cluster options provided in this chapter, the following additional details or information shall be submitted:

The amount and location of common open space to be provided.

The location and description of any common facilities to be provided.

A description of the organization to be established for the ownership and maintenance of any common open space and common facilities in accordance with § 160-66.

Drainage report. The project drainage report shall include the following:

Description of the site hydrologic characteristics and watershed parameters and identification of significant design considerations.

Watershed map, including delineation and areas of on-tract watersheds and off-tract watersheds affecting the project site.

Designation of critical areas, areas to be left undisturbed, wetlands, floodplains, slopes greater than 15% and watercourses.

Computations for:

Stormwater management program, including total surface runoff under predevelopment and postdevelopment conditions.

Detention basin design, where applicable, including computer routings, for one-, ten-, fifty-, and one-hundred-year frequencies.

Pipe and inlet capacities.

Channel or swale improvements.

(e)

Riprap sizing.

(f)

Soil erosion and sediment control provisions.

Copy of the New Jersey Department of Environmental Protection stream encroachment permit application, if applicable.

Completed "Major Development Stormwater Summary Form" that is contained within Attachment D in the Township’s Tier ‘B’ Municipal Stormwater General Permit for each stormwater management basin that is proposed on the project.

[Added 10-25-2018 by Ord. No. 2018-05]

Development impact statement. Where required, the development impact statement shall consist of sufficient information to enable the Planning Board or Board of Adjustment, as the case may be, to assess the foreseeable impact of the proposed development upon both the natural and man-made environment, including but not limited to sewage disposal, water supply, soil erosion, vegetation, watercourses, air resources, solid waste disposal, pedestrian and vehicular traffic, existing and anticipated development, noise, municipal services and expenditures and aesthetics. The Planning Board or Board of Adjustment, as the case may be, shall withhold approval of any development submitted hereunder unless it determines that no harmful effects will result to an undue degree from the proposed development, nor will a disproportionate or excessive demand be placed upon the total resources available or such proposed development or for any future proposals. To assist the Planning Board or Board of Adjustment, as the case may be, in its evaluation of the proposed project, the development impact statement submitted by the applicant shall, at the discretion of the Planning Board or Board of Adjustment, as the case may be, include data and information as follows:

Sewerage facilities: It must be shown that sewage can be disposed of through facilities adequate to preclude water pollution.

Compliance with state and municipal Board of Health regulations.

If disposal is on site, data as required by New Jersey Department of Environmental Protection regulations and the checklists of this chapter on underlying geology, soils analysis and percolation tests.

If disposal is off site, plant design capacity, monthly average flows for the preceding 12 months, information on any pending action against the plant, capacity of the plant to treat industrial or commercial water, if applicable, receiving water quality standards, stream quality data from state, federal or private sources, stream flow (minimum average seven-consecutive-day flow with a frequency of occurrence of 10 years), contemplated plans for the treatment facility (local plans and state or regional planning policy) and flows expected from any other approved subdivision which are dependent upon the sewage treatment facilities in question.

Water supply. It must be shown that an adequate potable water supply can be assured.

Compliance with state and local regulations.

If the supply is from public facilities off site, including private water companies, the amount of diversion granted by the New Jersey Department of Environmental Protection (maximum gallons of water pumped during any month), present diversion (maximum gallons of water pumped during the past 24 months) and diversions expected from other approved developments which are dependent upon the present diversion granted by the New Jersey Department of Environment Protection.

If the supply is from on-site resources:

[1]

Realty improvements applicable to fewer than 50 dwelling units: location and depth of all private and public water supplies within 500 feet of the realty improvement; location, depth and adequacy of supply for the proposed realty improvement; and geologic description of subsurface conditions, including expected groundwater yields (using published geologic reports or report by a qualified geologist).

[2]

Realty improvements applicable to more than 50 dwelling units: Preliminary subdivision approval shall be subject to the New Jersey Department of Environmental Protection determination that the proposed water supply and sewage disposal facilities are adequate.

Drainage: It must be shown that stormwater runoff from the site is so controlled that on-site erosion is not caused and that the potential for downstream flooding is not aggravated. A drainage report prepared to satisfy § 160-63C shall be submitted, together with the following:

Stream encroachment: In cases where a stream encroachment permit is required from the New Jersey Department of Environmental Protection, details of the application shall be discussed and disclosed.

Floodplains: a description of potential flood damages, including a summary of flood stages from state and federal sources.

Solid waste disposal: a plan for disposal of solid waste by means of a facility operating in compliance with the State Sanitary Code.

Air pollution: It must be shown that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices or by any processing of materials.

Critical impact areas: Plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. It must be shown how said adversity will be minimized pursuant to a plan approved by the Planning Board or Board of Adjustment, as the case may be.

Critical impact areas include but are not limited to stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly acid or highly erodible soils, areas of high-water table, mature stands of native vegetation and aquifer recharge and discharge areas.

A statement of impact upon critical areas and of adverse impacts which cannot be avoided.

Environmental protective measures, procedures and schedules to minimize damage to critical impact areas.

A list of all licenses, permits and other approvals required by municipal, county or state regulations and the status of each.

(e)

A listing and quantification of all adverse environmental impacts noting any that cannot be avoided.

(f)

An assessment of the environmental impact of the project.

(g)

A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.

(7)

Traffic and circulation: It must be shown that public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service and that safe, convenient and adequate circulation and parking is provided for the site.

Existing twenty-four-hour and peak-hour traffic volumes on all critical arteries affected by count taken within 12 months preceding the date of the application.

Projected twenty-four-hour and peak-hour traffic generated by the proposed project.

Capacity analyses of critical arteries affected.

Accident data of critical arteries affected.

(e)

Speed and delay data of critical arteries affected.

(f)

Description of any off-site improvements made necessary to avert traffic hazards and maintain an acceptable level of service on public thoroughfares by traffic generated by the proposed project.

(8)

Economic analysis: It should be shown how the demands placed upon the municipal resources by the proposed development can be offset by anticipated revenues.

Projected population increases resulting from the proposed development.

Age and other characteristics of the projected population.

Estimated demand upon municipal services, such as educational facilities, garbage collection and municipal administration, and the cost to the Township of providing such services.

Anticipated increase or deficit in municipal revenues as a result of the proposed project.

(9)

Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.

(10)

Notwithstanding the foregoing, the Planning Board or Board of Adjustment, as the case may be, may, at the request of the applicant, waive the requirement for an impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible development impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of the particular project.

Evaluation statement. This statement shall consist of a general description of the intended project and an assessment of its anticipated broad impact on the neighborhood, the community and the environment, including but not necessarily limited to considerations of land use, visual qualities, traffic, drainage, utilities and natural resources.

§ 160-64 On-tract and on-site improvements.

On-tract installation for subdivisions. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties for the ultimate installation of the improvements described below or a restoration guaranty for the restoration of property in the event of a work stoppage or abandonment of the construction of an improvement, as set forth in § 160-75. The applicant shall be responsible for posting a performance guaranty only for improvements which will ultimately be owned and maintained by the Township of White following acceptance of the improvement by the Township. The applicant shall be responsible for posting a restoration guaranty, in lieu of a performance guaranty, for any and all other improvements that the applicant plans to construct but will not ultimately be owned or maintained by the Township following completion of the development. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement in accordance with the provisions of Chapter 223, Road Construction, of the Code of the Township of White. No underground installation shall be covered until inspected and approved.

[Amended 9-5-1986; 10-7-1988; 9-9-2010 by Ord. No. 2010-6; 11-12-2015 by Ord. No. 2015-5]

Streets and pavements. The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in Chapter 223, Road Construction, or such other specifications as may be required by the Township Engineer where special circumstances so require.

Curbs and sidewalks. The subdivider shall construct curbs and sidewalks, when required by the Planning Board, in accordance with Chapter 223, Road Construction, or such specifications as may be required by the Township Engineer where special circumstances so require.

Storm drainage design and stormwater management provisions shall be in accordance with § 160-80 of this chapter.

[Amended 9-5-1986]

Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance with said statute.

Street name signs. Street name signs shall be placed at all street intersections within the subdivision or site. Such signs shall be of a type approved by the Township of White and shall be placed in accordance with the standards of the Township of White. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.

Streetlighting. The subdivider or developer shall be responsible for the installation of streetlights and other outdoor lighting facilities as approved by the Planning Board and in accordance with any applicable standards of the Township of White.

(7)

Topsoil protection. Topsoil which shall be removed in the course of regarding a subdivision or site shall not be used as spoil or removed from the subdivision area or site. Such topsoil shall be redistributed as to provide at least six inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.

(8)

Shade trees. Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of a type and species as approved by the Planning Board. Said shade trees shall be spaced 50 feet apart, and there shall be at least two shade trees installed in front of each lot unless waived by the Planning Board where trees already exist. Existing trees shall be preserved as directed in accordance with the provisions of the Chapter 223, Road Construction, of the Code of the Township of White as well as all other applicable regulations and conditions as set forth by the Planning Board.

(9)

Sanitary sewers.

Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements of Chapter 223, Road Construction, as well as all other applicable regulations and conditions as set forth by the Planning Board and shall be subject to the approval of the Township Engineer.

Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at his own cost and expense and in accordance with the specifications and requirements of Chapter 223, Road Construction, as well as all other applicable regulations and conditions as set forth by the Planning Board, and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection and the Township Engineer.

Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with Subsection A(9)(b) above, the subdivider may be required by the Planning Board to install within the subdivision a complete dry sewer pipe system including provision for connection thereto at each lot, provided that there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Township Board of Health, and all such sewer pipe systems shall be constructed in accordance with the requirements of the Township and its Chapter 223, Road Construction, of the Code of the Township of White as well as all other applicable regulations and conditions as set forth by the Planning Board and shall be subject to the approval of the Township Engineer. The Planning Board may require the installation of said house sewer service connection to the curbline, at which point the same shall be capped.

(10)

Percolation test. When a sanitary sewer system is not accessible and unless the developer provides a sanitary sewer system, the developer shall furnish to the Planning Board data to support the determination that each lot is sufficient to support a properly functioning individual subsurface sewage disposal system conforming to the Standards for Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9-2.1 et seq.) or any amendment or replacement thereof. This determination shall be made based on soil profile characteristics observed in soil profile pits (soil logs) and borings, criteria for determining soil suitability classes, criteria for recognition of soil limiting zones and permeability tests or percolation tests. The number and location of soil profile pits and percolation tests shall be as prescribed in Checklist Addendums A and C. Following completion of the tests, all soil logs and percolation tests must be refilled with excavated soil and suitably mounded and stabilized so as to minimize disturbance to the affected areas.

(11)

Water supply. When, in the opinion of the Planning Board, a public water supply system is accessible for the subdivision, each lot within the subdivision shall be provided with water supplied by said water supply system. All facilities for said system shall be installed pursuant to and in accordance with the provisions of all ordinances pertaining thereto, including the Chapter 223, Road Construction, of the Code of the Township of White under the supervision of the Township Engineer.

In the event that a public water supply system is not available to supply the proposed subdivision, the Planning Board may require construction of a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon and so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with applicable ordinances of the Township of White, subject to the approval of the Township Engineer. The adequacy, healthfulness and potability of the private water supply system shall be subject to the approval of the Township Board of Health and the State Department of Environmental Protection, when such approval is required. The developer shall file with the Township a map of said water supply and distribution system adequately locating the same.

All water systems shall be installed in such manner as to ensure adequate pressures and quantities and ample flows for hydrants.

If a public water supply system is not accessible and if construction of a private water supply is not required, each lot shall be served by an individual driven well. In such case, and prior to preliminary approval, the subdivider shall submit evidence that underground potable water is available in sufficient quantity and quality to serve the subdivision.

(12)

Fire hydrants. Fire hydrants shall be installed in all subdivisions when a central water supply exists. Fire hydrants shall be of the type approved by the Township of White in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with the standards of the Township of White and its Chapter 223, Road Construction, of the Code of the Township of White. Such installation shall be subject to the inspection and approval of the Township Engineer.

(13)

Electric, telephone and cable television service. Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions, electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of said Board. Arrangements for such underground installation shall be made with the appropriate utility companies.

(14)

Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipelines, gas mains, etc. Said easements shall be dedicated to the municipality by approved legal procedure.

On-tract installations for site plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties for the ultimate installation of any required public on-tract improvements or a restoration guarantee for the restoration of property in the event that the construction of the improvement is stopped or abandoned, as set forth in § 160-75, and as the same are described in § 160-64A. In addition, the Planning Board may require the installation of on-site improvements, as described in Subsection C below, prior to the granting of final approval and which it finds necessary before the issuance of a construction permit. All such improvements shall be subject to approval and inspection of the Township Engineer as provided in Subsection A above.

[Amended 11-12-2015 by Ord. No. 2015-5]

On-site installations for site plans.

Pavement. All parking and loading areas, entrance and exit driveways and all road and access drives shall be paved and constructed in accordance with § 160-79B(1) of this chapter.

[Amended 9-5-1986]

Storm drainage design and stormwater management provisions shall be in accordance with § 160-80 of this chapter.

[Amended 9-5-1986]

Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint.

All paved areas shall be bounded by curbing of the type required by the Planning Board in accordance with Chapter 223, Road Construction, of the Code of the Township of White.

Sidewalks shall be constructed where required in accordance with Chapter 223, Road Construction, of the Code of the Township of White.

Screening. All off-street parking and loading areas shall be effectively screened, on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than four nor more than six feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. The fence, as required by this section, may be waived by the Planning Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. Where parking is located in a front yard, the Planning Board may require construction of landscaped berms up to a height of five feet with slopes at a ratio of not less than 2:1.

(7)

Lighting. Adequate lighting shall be provided for parking lots in operation between 1/2 hour before sunset and 1/2 hour after sunrise and shall be designed so as to eliminate glare onto nearby residences. All parking lots shall have adequate lighting for security purposes during hours when the facility is not open for business.

(8)

Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Planning Board. Shade trees shall be installed within the street right-of-way in accordance with requirements of the Shade Tree Commission.

(9)

Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and state requirements. When a sanitary sewer system is not accessible and unless the developer provides a sanitary sewer system, the developer shall furnish to the Planning Board data to support the determination that the lot is sufficient to support a properly functioning individual subsurface sewage disposal system conforming to the Standards for Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9-2.1 et seq.). This determination shall be made based on soil profile characteristics observed in soil profile pits (soil logs) and borings, criteria for determining soil suitability classes, criteria for recognition of soil limiting zones and permeability tests or percolation tests. The number and location of soil profile pits and percolation tests shall be as prescribed in Checklist Addendum F. Following completion of the tests, all soil logs and percolation tests must be refilled with excavated soil and suitably mounded and stabilized so as to minimize disturbance to the affected areas.

[Amended 10-7-1988]

(10)

The Planning Board may require items of construction such as retaining walls, guard rails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.

§ 160-65 Off-tract improvements.

As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.

Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following criteria may also be considered, as well as any other reasonable criteria.

Street, curb, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

The use, condition or status of the remaining area in the drainage basin.

Water supply and distribution facilities may also be based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Township Engineer and appropriate Township agencies.

Amount of contribution. When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then in addition to the amount referred to in Subsection C(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

Payment of allocated cost.

The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned together with accumulated interest or other income thereon, if any.

In the event that the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof, which sum shall constitute a lien on the tract affected by the subdivision or site plan.

In the event that the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision approval.

If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement, or the determination made by the officer or board charged with the duty of making assessments as to special benefits if the off-tract improvements are to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

§ 160-66 Standards for establishment of open space organization.

In the case of a residential cluster, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development.

Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the owners of the development, to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 160-67 Exceptions, relief or deviations from standards.

The regulations and standards set forth in Articles IX, X and XI shall be considered minimum requirements with regard to subdivision and site plan applications, and any deliberations and actions taken by the Planning Board under the terms of these articles shall give primary consideration to the health, safety and welfare of the entire community.

However, the Planning Board, when acting upon an application for subdivision approval or an application for site plan approval, shall have the power to grant such exception, relief or deviation from the applicable regulations and standards of Articles IX, X and XI as it may deem reasonable and within the general purpose and intent of the regulations and standards established under these articles, provided that no such exception, relief or deviation shall be granted unless the Planning Board, after considering the applicant's petition for exception, relief and deviation and supporting proofs, finds that the literal enforcement of one or more of the provisions of these articles, in the applicant's particular case, is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land which is the subject of the application and petition, and that the granting of the requested exception, relief or deviation will not be detrimental to the public health, safety and welfare of the community nor injurious to property in the area in which the premises are located.

An applicant who seeks any such exception, relief or deviation shall submit to the Planning Board, at the time the application is made, a written petition for exception, relief or deviation, which shall fully set forth the nature of the exception, relief or deviation requested and the pertinent facts upon which the applicant will rely to establish the foregoing criteria. The petition thereafter shall be considered by the Planning Board with the applicant's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of Article VI hereof. No application for exception, relief or deviation shall be approved by the Planning Board until either it has received the County Planning Board's report with respect to the subject subdivision or site plan application, if such report is required, or until the period of time within which such report is required to be submitted has expired. If the reasons therefor shall be made known in writing to the applicant, the applicant thereafter shall remedy said application prior to further consideration by the Board.

§ 160-68 Selling before final approval.

If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms or is required to form a part of a subdivision, 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.

In addition to the foregoing, the Township 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 Section 44 of P.L. 1975, c. 291. 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.

§ 160-69 Certificates of approval.

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 the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), may apply in writing to the Secretary of the Planning Board 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.

The Secretary of the Planning Board shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary 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 as a "certificate as to approval of subdivision of land," and shall certify:

Whether there exists in the Township of White a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law. (N.J.S.A. 40:55D-1 et seq.).

Whether the subdivision, as it relates to the land shown on 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.