A. 
In the event that development proposed by an application for a subdivision or site plan 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, provided that the Township shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Planning Board is prevented or relieved from so acting by the operation of law.
B. 
In the event that a developer submits an application for subdivision or site plan proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or an order issued 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 in accordance with this chapter and other applicable regulations, and if such application complies with this chapter and such regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
In the event that, during the period of approval heretofore or hereafter granted to an application for a subdivision or site plan, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or an order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter shall be suspended for the period of time legal action is pending or such directive or order is in effect.
A developer, as a condition for approval of a subdivision or site plan, shall pay the developer's pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or tract for which site plan approval is required but necessitated or required by construction or improvements within such subdivision or tract. The Township Council shall determine the reasonableness of and necessity for such improvements and shall also determine such pro rata share as follows:
A. 
The total cost thereof shall be estimated by the Township Engineer.
B. 
The Township Council shall next consider the circulation plan and utility service plan elements of the Master Plan and shall ascertain:
(1) 
The benefit accruing to the proposed subdivision or site plan by the improvements and/or facilities.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The benefit accruing to lands outside of the property limits of the subdivision or tract.
C. 
The Township Council shall determine the pro rata share by establishing a ratio between the benefit accruing to the proposed subdivision or site plan and the total benefit accruing by reasons of the improvements and/or the facilities and applying it to the total cost.
D. 
The final cost of the completed improvements and/or facilities shall be ascertained by the Township Engineer, who shall advise the Township Council and the developer of the final cost. The estimated pro rata share shall be modified by the actual final cost and appropriate adjustments made.
E. 
The standards established to determine such pro rata share shall not be altered subsequent to preliminary approval to apply to such subdivision or site plan.
F. 
Where a developer pays the amount determined as the developer's pro rata share under protest, the developer shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
G. 
Such payment shall be made by a deposit of cash, and the developer shall agree to make additional payment upon determination of the actual cost, if there be any. Such payment shall be made within 30 days of the determination by the Township Council of the pro rata share.
H. 
The developer and the Township Council may enter into an agreement providing for payment of the full cost of the required off-tract improvements by the developer with a provision for future reimbursement for an agreed time as the improvements shall be utilized by others.
I. 
The Township Council shall act within the applicable period for approval of the application by the Planning Board, and the determination by the Township Council shall be binding upon the Planning Board.
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 streets and roads, flood-control basins, or public drainageways necessitated by the subdivision or site plan and required for final approval.
B. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property 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, as the case may be, caused by the reservation.
C. 
In the event the developer claims an entitlement to such just compensation, the developer shall present a claim therefor to the Planning Board within 30 days after the Planning Board shall have made such reservation. The Planning Board shall then advise Township Council of the claim and recommend a just compensation figure. The Township Council shall meet with the developer in an attempt to agree upon the figure and the method of payment. In the event there is no such agreement, the Township Council shall set forth its position in a resolution, and the developer shall then be entitled to institute legal action for a judicial determination as to the amount of just compensation and/or the method of payment. In the event of agreement on the figure and the method of payment, the Township Council shall adopt a resolution memorializing the agreement and implementing payment and shall submit a copy of such resolution to the developer and the Secretary.
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of these provisions for subdivision review, if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this article, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision on or before August 1, 1973, may apply in writing to the Clerk 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 owner thereof.
B. 
The Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Clerk 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 the Clerk's office.
C. 
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1) 
Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law.
(2) 
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof.
(3) 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by law.
D. 
The Clerk shall be entitled to demand and receive for such certificate issued the fee established by N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Clerk shall be paid by the Clerk to the Township.
A. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the Planning Board may require and the Township Council shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements:
(1) 
The furnishing of a performance guarantee in favor of the Township in an amount equalling 120% of the cost as estimated by the Township Engineer of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:26B-1 et seq., water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, and public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Provision for a maintenance guarantee to be posted with the Township Council for a period of two years after final acceptance of the improvement, in an amount equalling 15% of the cost 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 guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
B. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
C. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.
D. 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Township Council in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
E. 
The Township Council 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 the report and the action of the Township Council 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 guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Township Council 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 guarantee for such improvements.
F. 
If any portion of the required improvements are rejected, the Planning Board 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.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.
H. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township shall require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection, as set forth in § 205-57.
I. 
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
Such report shall accompany all preliminary plats of major subdivisions of 11 or more lots or greater than 10 acres, whichever may apply, and site plan applications for tracts of greater than 10 acres shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data and shall be distributed, reviewed and passed upon as follows:
A. 
A description of the subdivision or site plan which shall specify what is to be done and how it is to be done during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.
B. 
When Willingboro Township has completed a natural resources index (NRI), as provided by N.J.S.A. 40:56A-2 and § 12-4A(3) of the Code of the Township of Willingboro, the applicant may use data from the NRI relevant to the subdivision or site plan, including maps and text.
C. 
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality; water quality; water supply; hydrology; geology; soils and properties thereof, including capabilities and limitations; sewer systems; topography; slope; vegetation; wildlife; habitat; aquatic organisms; noise characteristics and levels; demography; land use; aesthetics and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Burlington County Soil Conservation District Standards and Specifications.
D. 
An assessments of the probable impact of the development upon all items set forth in Subsection C above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the Willingboro Township NRI when it is completed. As a direct result of the investigations made under the environmental impact report, a listing shall be provided, which shall be all inclusive, stipulating the licenses, permits and approvals needed to be furnished by state, county, or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include as a result thereof the conclusions and comments of all concerned governmental officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
E. 
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation and relevant increases in municipal services. Off-site impact shall also be set forth and evaluated.
F. 
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the site and in the surrounding region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the action to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the applicant or developer must undertake to successfully implement the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using the terms "shall be," "must," etc.
G. 
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed subdivision or site plan which might avoid some or all of the adverse environmental effects, including a no-action alternative.
H. 
The Clerk, upon receipt of the application, shall submit the environmental impact report to the Willingboro Township Environmental Commission for review and report thereon to the Planning Board. This report shall be submitted to the Planning Board at least two days prior to the meeting of the Planning Board at which the application will be considered. Upon completion of all reviews and public hearing, the Planning Board shall either approve or disapprove the environmental impact report as a part of its underlying function with respect to subdivision or site plan review. In reaching a decision, the Planning Board shall take into consideration the effect of the applicant's proposed subdivision or site plan upon all aspects of the environment as outlined above, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
I. 
Notwithstanding the foregoing, the Planning Board and Environmental Commission may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirements may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
J. 
An environmental impact report as required herein shall also be submitted for all public or quasi-public projects, unless such are exempt from the requirements of local law by supervening county, state or federal law, and unless waived in accordance with Subsection I of this section.
No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairperson and Secretary of the Planning Board or a certificate has been issued pursuant to § 205-11, 205-22B or 205-52. The signatures of the Chairperson and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to § 205-53. If the County Clerk records any plat without such approval, such recording shall be deemed null and void; upon request of the Township, the plat shall be expunged from the official records, pursuant to statute.
Any person intending to submit an application for subdivision or site plan approval before the submission of the complete application, as appropriate, may request, at least two weeks before a regularly scheduled meeting of the Planning Board, of the Township Clerk an informal conference and discussion with the Planning Board in order to advise the Board of the general nature and conceptual approach of the proposed subdivision or site plan and to enable the Board to preliminarily express its views on any areas of concern. There shall be no charge to such person for this informal hearing and discussion. It is encouraged that any plans or other relevant documents be simultaneously presented to the Planning Board in this informal process, whether or not such plans may meet the requirements set forth in this chapter. This provision shall be understood in accordance with its purpose, which is to encourage informal discussion of proposed plans for development prior to expenditures of time and money on the part of both an applicant and the Board in order to permit the Board to appropriately act within the prescribed time limitations. The applicant shall not be bound by any concept plan for which informal review is requested, and the Planning Board shall not be bound by any such review.
The applicant, when required by provisions of this chapter, shall pay to the Clerk fees in accordance with § 150-5C of the Code of the Township of Willingboro.