A. 
Upon receipt of an application for development, the administrative officer shall forward all documents to the Planning Board Secretary, Borough Engineer, Tax Assessor, Police Department, Fire Department, Health Department, and such other agencies, officials and consultants as deemed necessary, for comments by each such individual or department.
[Amended 7-26-2011 by Ord. No. 11-07]
B. 
The Board shall review the application along with reports required from any officials or agencies to determine if said plan and development will compare favorably with Borough standards, other neighborhood improvements and the properly intended and planned appearance throughout any neighborhood or along any street.
C. 
The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant:
Type of Application to Board
Period of Time for Action
(days)
Minor subdivision
45
Preliminary subdivision plat:
10 or fewer lots
45
More than 10 lots
95
Final subdivision plat
45
Minor site plan
45
Preliminary site plan:
10 acres or less
45
More than 10 acres
95
Final site plan
45
Conditional use permit
95
Application for development with "c" variances
120
D. 
The Planning Board shall render a decision within the time prescribed below or within such further time as may be consented to by the applicant:
[Amended 7-26-2011 by Ord. No. 11-07]
Type of Matter to Board
Period of Time for Action
(days)
Appeal
120
Submission of a complete application
120
Bifurcated application variance
120
Subdivision/site plan
See Subsection C above for appropriate application
E. 
Failure of the Board to act within the period prescribed shall constitute approval, and a certificate of the Borough Clerk as to the failure of the Board to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval herein and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified of the Board's action within one week of its action.
F. 
Whenever review or approval of an application by the County Planning Board is required, the Board shall condition any approval that it grants upon timely receipt of a favorable report by the County Planning Board or upon approval by the County Planning Board by its failure to report within the required time period.
G. 
Before the Secretary of the Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following: Borough Clerk, Borough Administrator, Borough Engineer, Construction Official and Zoning Officer, Tax Assessor and County Planning Board.
A. 
A minor subdivision application shall be filed in accordance with Article VI above and shall contain all data and information required in § 207-57A and B, as well as all the information indicated on Checklist No. 1 for minor subdivisions for determining completeness of the application.[1]
[1]
Editor's Note: Checklist No. 1 is included at the end of this chapter.
B. 
If the application is classified as a minor subdivision, when it is deemed complete, the matter shall be set down for public hearing, and the applicant shall give public notice of the hearing in accordance with § 207-16 et seq. In reviewing and approving a plat as a minor subdivision, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter.
C. 
Approval as a minor subdivision shall expire 190 days from the date of approval unless, within that period, a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.[2]), or a deed clearly describing the minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. In reviewing the application for minor subdivision, the Board shall be permitted to accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than by deed, such plat shall conform to the provisions of the Map Filing Law.
[2]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by L. 2011, c. 217, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et seq.
D. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision is granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that said minor subdivision shall have been duly recorded as required above.
E. 
If the application for a minor subdivision is subsequently classified as a major subdivision, the subdivider will be so notified, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.
F. 
In granting minor subdivision approval, the Board may condition approval on terms insuring the provision of on-tract improvements.
The procedure for minor subdivisions as provided in § 207-57A and B shall apply, as applicable, to minor site plans. An application for a minor site plan approval shall contain all information indicated in Checklist No. 2 for minor site plans for determining completeness of the application.[1]
[1]
Editor's Note: Checklist No. 2 is included at the end of this chapter.
A. 
Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with Article VI and shall contain all information prescribed in § 207-57A and D or 207-57A and F, as the case may be, as well as all information indicated on the appropriate Checklist No. 3 or 5 for determining completeness.[1]
[1]
Editor's Note: Checklist Nos. 3 and 5 are included at the end of this chapter.
B. 
When the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures in § 207-11 et seq.
C. 
If the Board requires any substantial amendment in the layout or improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application.
D. 
The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been completed. The decision shall be in writing and shall be sent to the applicant and published in a newspaper of general circulation in the Borough. If the approving authority grants preliminary approval, its Chairman and Secretary and the Borough Engineer shall sign each page of the plat indicating the approval. If the plan is conditionally approved, it shall not be signed until all conditions are complied with. The determination of compliance with conditions may include submission of a revised plat plan to the Borough Engineer and to any other agency or person as directed by the approving authority for their review and action. In such cases, no building permits shall be issued until such plans have been submitted and approved in accordance with any conditions specified. If all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.
E. 
The general terms and conditions on which preliminary approval was granted, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements and any requirements peculiar to site plan approval, shall not be changed for a period of three years after the date of preliminary subdivision or site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
F. 
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 plat.
G. 
The applicant may apply for and the approving authority 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.
H. 
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsections E, F and G above for such period of time, longer than three years, as shall be determined by the approving authority 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 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.
[Amended 10-23-2012 by Ord. No. 12-14;4-10-2018 by Ord. No. 2018-02]
A. 
Required improvements. Prior to filing of an application for final subdivision or site plan approval for the whole or a section of an application that has been granted preliminary approval, or before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or the issuance of a zoning permit, the applicant shall have installed such of the following improvements as required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity, and that have not yet been installed or shall have furnished performance guarantees to assure installation of:
(1) 
Street pavement.
(2) 
Curbs, gutters and sidewalks.
(3) 
Street lighting and street trees.
(4) 
Monuments, pursuant to N.J.S.A. 46:26B-1 through 8.
(5) 
Water mains.
(6) 
Drainage structures, public improvements of open space.
(7) 
Sanitary sewers or community septic systems.
(8) 
Any grading necessitated by the preceding improvements.
(9) 
In addition, the following private improvements shall be completed or included in the performance guarantee; privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval.
B. 
Installation. The forgoing improvements, other than monuments, shall be installed in accordance with Borough specifications and in a location and at a grade approved by the Borough Engineer. All improvements shall be subject to inspection by the Engineer, which shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by the Engineer. Shade trees shall be planted along all residential streets and shall be of the varieties and at locations approved by the Board or its authorized representative.
C. 
Completion or guaranty.
(1) 
No final plat or plan shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the Engineer, unless the subdivision owner shall have filed with the Borough a performance guaranty equivalent to 120% of the cost of all such improvements identified in § 207-53A above or uncompleted portions thereof as estimated by the Borough Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. The amount of the guarantee shall be calculated as provided for in N.J.S.A. 40:55D-53 et seq. Such performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body, a certified check, returnable to the subdivider after full compliance, or any other type of surety approved by the Borough Attorney.
(2) 
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Board, but in no case for a term of more than three years. However, with the consent of the owner and the surety, if there is one, the governing body may, by resolution, extend the term of such performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.
(3) 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements.
(4) 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty 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.
(5) 
Safety and stabilization guarantee. The developer shall furnish to the Borough a safety and stabilization guarantee for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition pursuant to the provisions of N.J.S.A. 40:55D-53(1)(d). The safety and stabilization guarantee may be provided as a separate guarantee or as a line item in the performance guarantee, at the developer's option.
(6) 
Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall be required to furnish to the Borough a separate guarantee in the amount of 120% of the items which remain to be completed or installed and which are not covered by the existing performance guarantee pursuant to N.J.S.A. 40:55D-53(1)(c).
(7) 
Replacement guarantees. Should the developer request a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of the property on a construction permit, the Borough may require, and shall accept, a replacement guarantee provided it conforms with the requirements of this chapter for the provision of the original guarantee.
(8) 
Upon substantial completion of all required street improvements, appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare a list of all uncompleted or unsatisfactory completed bonded improvements. If such request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed or substantially completed. Thereupon the Borough Engineer shall inspect all improvements of which notice has been given and shall file, within 45 days of the date of the request by the obligor, a detailed report, in writing, with the Borough Council, with a copy to the obligor, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth. The governing body, by resolution, shall either approve, partially approve or reject the bonded improvements on the basis of the report of the Borough 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 45 days after receipt of the list and report from the Borough Engineer. 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 provisions of the improvements not yet approved, provided that 30% of the amount of the performance guarantee and the safety and stabilization guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification of acceptance or rejection to the obligor within 45 days of receipt of the Borough Engineer's Report 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.
(9) 
The developer shall post with the Borough a maintenance guarantee prior to the release of the performance guarantee(s) required above. The maintenance guarantee shall be for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the costs of installation of the improvements which are being released. The developer shall also post, after inspection and final approval by the Borough Engineer, a maintenance guarantee in an amount not to exceed 15% of the costs of the installation of the following private site improvements; stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system if any. The term of the maintenance guarantee shall not exceed two years and shall expire automatically at the end of the established term
(10) 
Inspection fees. The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the forgoing inspections of improvements and the Borough may require the developer to post the inspection fees in an escrow account. The amount of escrow for inspections shall not, except in extraordinary circumstances, exceed the greater of $500 or 5% of the costs of bonded improvements that are subject to a performance guarantee under §  207-53A and an additional amount not to exceed 5% of the cost of private improvements that are not subject to performance guarantees under §  207-53A. The inspection fees, at the developers option, may be paid in installments as provided for in N.J.S.A. 40:55D-53(3)h. When the balance of the deposit drops to 10% the developer shall make the additional deposit(s). If the Borough determines that the amount calculated pursuant to this section is insufficient to cover the costs of additional required inspections, the Borough may require the developer to deposit additional funds in escrow provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require additional inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(11) 
To the extent that the provisions of Chapter 300, Soil Removal, Chapter 315, Stormwater Management, and Chapter 320, Street and Sidewalks, may apply to a subdivision or site plan application, the performance guarantees, maintenance guarantees, and inspection fee portions of this Chapter 207 shall supersede any conflicting sections of those chapters.
A. 
Filing procedures. Application for a final subdivision or site plan shall be filed in accordance with Article VI, using Checklist No. 4 or 6 for determining completeness.[1] The applicant shall file with the administrative officer:
(1) 
The original tracing, one translucent tracing cloth copy, two cloth prints, 20 black-on-white prints and 10 completed copies of the application form and checklist for final approval; five copies of any protective covenants, deed restrictions and easements pertaining to the land being developed; five copies of any other material required by the rules and regulations of the approving authority; two completed copies of the County Planning Board application form; the performance guaranty, including off-tract improvements, if any, and any maintenance guaranties; and the applicable fees.
(2) 
Letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and gas, telephone and electric utility that has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility.
(3) 
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation, that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected, and identifying those portions of any improvements already installed and that the developer has either:
(a) 
Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval with a maintenance guaranty accompanying the final plat; or
(b) 
Posted a performance guaranty in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated.
[1]
Editor's Note: Checklist Nos. 4 and 6 are included at the end of this chapter.
B. 
Action by the approving authority.
(1) 
The approving authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards in § 207-57E and G for final plats and plans, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[2] provided that, in the case of a planned development, the approving authority may permit minimal deviations from the conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[2]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by L. 2011, c. 217, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et seq.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the application, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3) 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Borough approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by the failure to report thereon within the required time period.
(4) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[3] 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 approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5) 
In the case of a subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in the above subsection for such period of time, longer than two years, as shall be determined by the approving authority 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. The developer may apply for thereafter, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(6) 
Upon final approval, the applicant shall provide:
(a) 
Eight sets of final plans and one Mylar and one electronic copy in AutoCAD format of the final plan to the Borough Engineer.
(b) 
One Mylar copy to the County Clerk per law.
(c) 
One Mylar to the Borough Clerk.
(d) 
One signed paper print to the Planning Board, Building Inspector, Tax Assessor, County Planning Board and such other Borough, county or state official or other individuals as directed by the Board.
(e) 
One set of final plans to the approving authority.
(7) 
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 approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The approving authority may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the 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-governments 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 approval. The developer may apply for the extension either before or after the original expiration date.
(8) 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the Borough, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the approving authority in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
[Amended 7-26-2011 by Ord. No. 11-07]
The Planning Board shall have the power to review and approve or deny conditional uses simultaneously with review for subdivision or site plan approval without the developer being required to make further application to the Board or the Board being required to hold further hearings. The longest time period for action by the Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.