Township of Readington, NJ Article X Development Application Review Procedures and Plat/Plan Details

§ 148-97 Application review procedures.

A. Preapplication review. At the request of an applicant, the Planning Board or Board of Adjustment may permit, when authorized by the Board's Chairperson, a preapplication review of a plan for which the applicant intends to prepare and submit a formal application for development, which review shall be limited to the Board's professionals. The applicant shall pay an initial administration fee of $200 and shall post an initial escrow deposit in the sum of $1,500 and shall also execute an escrow agreement to cover the costs of the Board's professional services. Neither the applicant or the respective boards are bound by the input of the professionals, but this procedure is to be provided for the assistance of the applicant. The applicant shall also be required to apply to the Zoning Officer for an initial determination as to which board holds jurisdiction over the proposed development, based upon the information supplied by the applicant, and pay the applicable fee to the Zoning Officer for same.

[Added 2-17-2004 by Ord. No. 7-2004[1],[2]]

[1] Editor's Note: Former Subsections A and B were renumbered with the addition of this subsection to maintain the organization of the Code.

[2] Editor's Note: A copy of the Pre-Application Development Review Form is included at the end of this chapter.

B. Subdivision review. All subdivisions, as defined under § 148-9, are subject to the review procedures contained herein. Divisions of land not considered a subdivision, as defined in this chapter, shall be exempt from compliance with the requirements of this chapter as provided in N.J.S.A. 40:55D-1 et seq. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of the subdivision for which approval is required.

C. Site plan review. Site plan review and approval is required for all developments prior to the issuance of construction permits for any new structure or for an addition to an existing structure or modification to the site that will alter drainage or traffic patterns, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality. The following shall be exempt from site plan approval:

(1) A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval except for home occupations as described in § 148-53C and D of this chapter. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

(2) Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Construction Official and Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use.

(3) Barns, sheds and silos erected for agricultural purposes shall not require site plan review unless required by the Construction Official or Zoning Officer.

D. Waiver of site plan review.

[Added 10-17-2016 by Ord. No. 13-2016; amended 6-7-2021 by Ord. No. 14-2021]

(1) The Zoning Officer may waive the requirement of site plan review if it is determined that the proposed development:

(a) Secured previous site plan approval under the terms of this title and the proposed development will have an insignificant impact on the previously approved site plan; or

(b) Involves normal repair, maintenance or replacement; or

(c) Will not significantly affect existing circulation, parking, drainage, building arrangements, plantings, buffering, lighting and other considerations of site plan review as required under § 148-101, § 148-102, or § 148-103; this may include, but is not limited to, standby generators, HVAC systems, de minimis structure alterations; and

(d) Does not involve variances from the applicable provisions of this chapter.

(2) An applicant requesting such a waiver shall provide to the Zoning Officer:

(a) One paper and one digital copy of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3, attached to this chapter.

(3) Upon review, the Zoning Officer, in consultation with the Administrative Review Committee, which Committee shall consist of the municipality's designated Zoning, Construction and Administrative Officers/Officials, shall make a determination of the administrative waiver request. If it is determined that the administrative waiver request cannot be granted, the applicant will be advised that Board review is required. Any appeals of such determination may be made per N.J.S.A. 40:55D-72.

(4) A nonrefundable/nontransferable application fee of $500 shall be submitted at the time of application.

§ 148-98 Simultaneous review or separate applications.

A. The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the applicant making further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

B. The applicant may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit followed by a subsequent application for required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval(s) shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. In the event that the developer elects to submit separate consecutive applications, the required time for action by the approving authority shall be tolled separately for each application. The period for granting or denying subsequent approval(s) of a subdivision, site plan or conditional use shall be as otherwise provided in this chapter.

§ 148-99 Informal review by Planning Board.

A. At the request of a developer, the Planning Board shall grant an informal review of a plan for which the developer intends to prepare and submit a formal application for development.

B. The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s) and files the fees specified for concept plats and/or plans in § 148-104 of this chapter.

C. The developer shall not be bound by any plan for which review is requested, and the Planning Board shall not be bound by any such review.

D. A developer desiring to have a development plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least three weeks prior to the next regularly scheduled monthly meeting of the Planning Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

E. Details. The following information should be provided:

(1) A plan at a scale of not less than one inch equals 100 feet clearly and legible drawn.

(2) A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.

(3) Existing structures and uses.

(4) Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.

(5) Area of original tract.

(6) Zoning district and North arrow.

(7) Block and lot number for the tract.

(8) Basic intent for water and sewage treatment.

(9) Proposed access points and parking areas.

(10) Existing topography and contours based on United States Geological Survey data unless a local survey is available, in which case contours should be shown with a maximum contour interval of two feet where slopes are less than 10% and a maximum contour interval of five feet where slopes are greater than 10%. Slopes of 15% to 25%, 25% to 35% and in excess of 35% shall be identified.

(11) Natural resources and features such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses shall be shown.

(12) Soil mapping and interpretations based on the U.S.D.A. Soil Survey for Hunterdon County. Interpretations shall include depth to bedrock, depth to seasonal high-water table, suitability for foundations and basements and areas of moderate and severe erosion potential. Soil profile pits and permeability testing are not required; however, where the slope or soil conditions indicate problems may be encountered, soil profile pits and permeability testing as required for the preliminary or final plat or plan may be advisable.

(13) Location of flood hazard areas and floodways.

(14) Existing easements, deed restrictions and covenants.

(15) A written discussion outlining how the concept plan meets the goals and objectives of the Readington Township Master Plan.

(16) Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

§ 148-100 Submission of an application for variance or conditional use only.

A. Procedure for submitting a variance application only. All applications for variance relief or conditional use approval to the Board not involving any related site plan or subdivision approval shall be filed at least three weeks prior to the regularly scheduled meetings of the Board. The filing shall include 14 copies of any maps and related material; 12 completed copies of the appropriate application form(s); the checklist for variances or conditional use pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; copies of any protective covenants, deed restrictions and easements applying to the land to be developed; certification by the Tax Collector whether all taxes are paid to date; and the application and escrow fees in accordance with Article XI of this chapter. The applicant shall identify any waivers of the application requirements and variances being sought and provide in writing reasons for the requested waivers. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting on a variance or conditional use application and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. The Board shall act upon the application as stipulated by law.

B. Details required for variance or conditional use only applications. Each variance or conditional use application shall be accompanied by plans clearly and legibly drawn showing conditions of the site. The plan should be based on an accurate survey of the property and include the name, address and telephone number of the person who prepared the plan. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet. If one sheet is not sufficient to contain the entire tract, the map may be divided into two or more sections to be shown on separate sheets of equal size, with reference on each sheet to the adjoining sheets.

(1) For variance and conditional use applications related to a single-family home, the plan may be a copy of an accurate survey with the proposed new structures and improvements neatly and accurately located and drawn to scale.

(2) For variances and conditional use application for other than single-family homes, the following information should be provided:

(a) A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet.

(b) Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

[1] Name of application, Readington Township and Hunterdon County;

[2] Name, title, address and telephone number of the person who prepared the plat or plan;

[3] Written and graphic scale; and

[4] Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(c) Name, title, address and telephone number of the applicant, owner or owners of record and the name, title and address of the professional staff for the application (i.e., attorney, planner, traffic engineer).

(d) Acreage figures (both with and without areas within public rights-of-way).

(e) North arrow.

(f) Existing block and lot number(s) of the lot(s) of the parcel as they appear on the Township Tax Map.

(g) The location of existing property lines (with bearings and distances), streets, structures (with their numerical dimensions), parking spaces, loading areas, driveways, watercourses, railroads, bridges culverts, drain pipes, any natural features such as treed areas and any historic features, such as family burial grounds and buildings more than 50 years old, both within the tract and within 200 feet of its boundary.

(h) The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited and the manner in which the easements will be controlled.

(i) Zoning districts affecting the tract, including district names and requirements and a comparison to the application.

(j) Proposed or existing buffer and landscaped areas.

(k) Delineation of floodplains, including both floodway and flood-fringe areas, wetlands and lands with a topographic slope 15% or greater.

(l) Wetlands and wetlands transition areas, including proof of application for a letter of interpretation or a letter of exemption from the Department of Environmental Protection and Energy and copies of prepared wetlands report.

(m) Contours as shown on the U.S.G.S. topographic sheets.

(n) Marshes, ponds and hydric soil lands within the tract and within 100 feet thereof.

(o) The name of all adjacent property owners as they appear on the most recent tax list prepared by the Code Enforcement Officer.

(p) Certificate from the Township Tax Collector whether all taxes and assessments are paid to date.

(q) Sight triangle easements as specified in this chapter.

(r) Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications, shall be submitted for approval and required signatures prior to filing with the County Recording Officer.

(s) Evidence of compliance with Chapter 200, Solid Waste, Article I, Recycling, and proof of arrangements for garbage collection where applicable.

(t) Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

C. Action by the Township.

(1) The Board and its professional advisers shall review the aforesaid application for the purpose of determining, within 45 days of its submissions, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by § 148-100B of this chapter, said Board shall certify that said application is complete.

(b) If said application is found to lack some of the information required by § 148-100B of this chapter, said Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

(c) An applicant who has been notified that his application is incomplete may request waivers of one or more of the submission requirements set forth in § 148-100B, at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days. The applicant shall provide in writing specific reasons, acceptable to the Board, as to why the waiver is justified and appropriate.

(d) In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to other departments, agencies and/or consultants as necessary and/or appropriate.

(4) The Board shall take action on the variance or conditional use application within 120 days for a variance or 95 days for a conditional use after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(5) Any designated review committee shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The review committee shall offer its recommendations to the Board.

(6) Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board.

(7) When a variance or conditional use application is approved by the Board, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board.

(8) When a variance or conditional use application is disapproved by the Board, shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(9) Before the Secretary of the Board shall forward copies of the approved resolution to each of the following:

(a) Administrative Officer;

(b) Township Engineer;

(c) Zoning Officer;

(d) Township Tax Assessor;

(e) Such other Township, county or state agencies and officials as directed by the Board.

§ 148-101 Submission of minor subdivision plats and minor site plans.

A. Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 14 copies of the minor plat or plan based on a recent survey and architectural floor plans and building elevations prepared by an architect certified in the State of New Jersey (site plan applications); three copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; copies of any protective covenants, deed restrictions and easements applying to the land to be developed; drainage calculations and soil erosion and sedimentation control data as may be affected by the proposal; certification by the Tax Collector indicating whether all taxes are paid to date; and a fee in accordance with Article XI of this chapter. The applicant shall identify any waivers of application requirements and variances being sought in writing and provide reasons for the requested waivers. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it. If the site of the application is located within the TDD area as administered by Hunterdon County, the applicant shall submit a certification that they are aware that their project is located within the TDD and indicating their willingness to participate. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such numbers shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

B. Details required for minor subdivision plats and minor site plan. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Minor subdivisions shall be based on a survey current to within the past three years. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches). If one sheet is not sufficient to contain the entire tract, the map may be divided into two or more sections to be shown on separate sheets of equal size, with reference on each sheet to the adjoining sheets. Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or site plan submission:

(1) A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet;

(2) Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

(a) Name of application, Readington Township and Hunterdon County;

(b) Name, title, address and telephone number of the person who prepared the plat or plan;

(c) Written and graphic scale; and

(d) Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(3) Name, title, address and telephone number of the applicant, owner or owners of record, and the name, title and address of the professional staff for the application (i.e., attorney, planner, traffic engineer);

(4) Acreage figures (both with and without areas within public rights-of-way) and North arrow;

(5) Existing block and lot number(s) of the lot(s) of the parcel as they appear on the Township Tax Map;

(6) Subdivision or development boundary line (heavy solid line);

(7) The location of existing property lines (with bearings and distances), streets, structures (with their numerical dimensions, setbacks and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, wells (indicate whether to remain or be abandoned), any natural features such as treed areas and any historic features such as family burial grounds and buildings more than 50 years old, both within the tract and within 200 feet of its boundary;

(8) The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited and the manner in which the easements will be controlled;

(9) Zoning districts affecting the tract, including district names and requirements and a comparison to the application;

(10) Proposed buffer and landscaped areas (site plans only);

(11) Delineation of floodplains, including both floodway and flood-fringe areas, wetlands and lands with a topographic slope 15% or greater;

(12) Wetlands and wetlands transition areas, including proof of application for a letter of interpretation or a letter of exemption from the Department of Environmental Protection and Energy (or proof of application) and copies of prepared wetlands report. The location of marshes, ponds and hydric soil lands within the tract and within 100 feet thereof;

(13) Contours as shown on the U.S.G.S. topographic sheets;

(14) The name of all adjacent property owners as they appear on the most recent tax list prepared by the Township Code Enforcement Officer;

(15) Sight triangle easements as specified in this chapter;

(16) Concerning minor subdivisions only, existing and proposed monuments;

(17) For each lot not served by a sanitary sewer, approval by the Township Board of Health;

(18) No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Township or other appropriate governmental agency; minor subdivision or minor site plan located with the boundary of the TDD;

(19) No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter;

(20) Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications, shall be submitted for approval and required signatures prior to filing with the County Recording Officer;

(21) Proposals for soil erosion and sedimentation control as required by Chapter 197, Soil Erosion and Sediment Control;

(22) Three copies of storm drainage calculations and plans as required by ordinance;

(23) Proof of County Board of Health approval;

(24) Hunterdon County Planning Board application proof of filing;

(25) Proof of compliance with Chapter 200, Solid Waste, Article I, Recycling, and proof of arrangements for garbage collection where applicable. Residences shall have adequate space for storage of recyclables within the principal or accessory building. Nonresidential and multifamily developments may store recyclables within a screened enclosure as described in § 148-76;

(26) Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

C. Action by the Township.

(1) The Board and its professional advisors and site plan or subdivision review committee shall review the aforesaid application for the purpose of determining, within 45 days of its submissions, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by § 148-101B of this chapter, said Board shall certify that said application is complete.

(b) If said application is found to lack some of the information required by § 148-101B of this chapter, said Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 148-101B at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days.

(d) In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a) Hunterdon County Planning Board: three copies each of the plat or plan and the application.

(b) Board Attorney.

(c) Township Engineer.

(d) Township Tax Assessor (minor subdivision only).

(e) Any other department and/or agency as necessary and/or appropriate.

(4) The Board shall take action on the minor subdivision or minor site plan application within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(5) Any designated subdivision or site plan review committee shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The subdivision or site plan review committee shall offer its recommendations to the Board.

(a) In the case of a minor site plan that does not require any variances, the Minor Site Plan Committee may handle the review and approval of minor site plans. The action of the Minor Site Plan Committee shall be regarded as the decision of the Planning Board. All decisions rendered by the Minor Site Plan Committee shall be reported to the Planning Board in writing. The Minor Site Plan Committee may for any reason refer a minor site plan to the Planning Board for consideration and action.

(6) Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

(7) When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least seven prints of the plat or plan and any related deeds to be filed with the County Recording Officer shall be signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. The Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board.

(8) When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 148-94F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(9) Within 190 days from the date on which the resolution of municipal approval is adopted for a minor subdivision, a plat map drawn in compliance with the Map Filing Act (P.L. 190, c. 141, N.J.S.A. 46:23-9.9 et seq.) or deed clearly describing the approved minor subdivision, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer.

(10) The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed 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-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(11) Unless filed within 190 days or within the time period extended by the Board, the approval shall expire and will require Board approval as in the first instance.

(12) The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

(13) Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

(a) Administrative Officer;

(b) Township Engineer (in the case of subdivisions only, a map of the plat drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Township Engineer);

(c) Zoning Officer;

(d) Township Tax Assessor;

(e) Such other Township, county or state agencies and officials as directed by the Board.

§ 148-102 Submission of preliminary major subdivision plats and preliminary major site plans.

A. Procedure for submitting preliminary major subdivision plats and preliminary site plans. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 20 copies of the preliminary plat or preliminary plan and building floor plans and elevations if applicable; three completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; three copies of any protective covenants or deed restrictions and easements applying to the land being subdivided or developed; three copies of drainage calculation and soil erosion and sedimentation control data; 16 copies of EIS (if required for submission); fees in accordance with Article XI of this chapter; a signed escrow agreement and certification by the Tax Collector whether all taxes are paid to date. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it. If the site of the application is located within the TDD area as administered by Hunterdon County, the applicant shall submit a certification that they are aware that their project is located within the TDD and indicate their willingness to participate. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

B. Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary major subdivision plat or preliminary site plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Plats and/or plans shall be based on a current survey prepared within the last three years. Each submission shall be drawn clearly and legibly at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches). If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets and a separate composite map. Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:

(1) A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet;

(2) Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

(a) Name of application, Readington Township and Hunterdon County;

(b) Name, title, address and telephone number of the person who prepared the plat or plan;

(c) Written and graphic scale; and

(d) Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

(3) Name, title, address and telephone number of the applicant, owner or owners of record and the name, title and address of the professional staff for the application (i.e., attorney, planner, traffic engineer);

(4) North arrow;

(5) Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement;

(6) Acreage to the nearest hundredth of an acre and a computation of the area of the tract to be disturbed;

(7) The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax listed prepared by the Code Enforcement Office;

(8) Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;

(9) Tract boundary line (heavy solid line);

(10) Zoning districts, including district names and requirements and a comparison to the application;

(11) The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries;

(12) The location and species associations of all existing individual trees or groups (12 or more) of trees having a caliper of eight inches or more measured four feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development;

(13) A plan prepared by a certified landscape architect showing the proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant and the location of each plant keyed to the plan or plat;

(14) Delineation of floodplains, including both floodway and flood-fringe areas, hydric soil lands, within the tract and within 100 feet thereof;

(15) Wetlands and wetland transition areas, including a letter of interpretation or a letter of exemption from the Department of Environmental Protection and Energy and copies of prepared wetlands report;

(16) Location of wells on site and within 200 feet of the site and the status of wells on site testing as required by Article VII;

(17) All existing and proposed watercourses (including lakes and ponds) shall be shown and accompanied by the following information:

(a) When a stream is proposed for alteration or improvement where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;

(b) Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain (one-hundred-year), top of bank, normal water levels and bottom elevations at the following locations, where appropriate:

[1] At any point where a watercourse crosses a boundary of the tract.

[2] At one-hundred-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.

[3] At one-hundred-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.

[4] At a maximum of one-hundred-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.

[5] When ditches, swales, streams or watercourses are to be altered, measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.

[6] The delineation of the floodways and flood-fringe areas of all watercourses within or adjacent to the tract.

(c) The total acreage of the drainage basin of any watercourse running through the tract;

(d) The location and extent of drainage and conservation easements and stream encroachment lines;

(e) The location extent and water level evaluation of all existing or proposed lakes or ponds within the tract and within 200 feet of the tract.

(18) Existing and proposed contours with intervals of one foot where slopes are less than 2%; with intervals of two feet where slopes are between 2% and 14%; and with intervals of five feet where slopes are 15% or greater. All contour information shall refer to a known U.S.C.G.S. datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Lands with a topographic slope 15% or greater shall be shaded;

(19) Proposals for soil erosion and sediment control as required by Chapter 197, Soil Erosion and Sediment Control, and New Jersey State Erosion and Sediment Control Law;

(20) Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, size, use, an indication of whether the existing structures and uses will be retained or removed and a specific identification of any family burial grounds and buildings more than 50 years old, both within the tract and within 200 feet of its boundary;

(21) Size, height and location of all proposed buildings, structures, signs and lighting facilities, including elevations at the corners of all proposed buildings and paved areas;

(22) All dimensions necessary to confirm conformity to this chapter, such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances;

(23) The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles and luminaries (see § 148-67);

(24) The proposed screening, buffering and landscaping, including a landscaping plan prepared by a certified landscape architect in accordance with the following:

(a) Buffer areas shall be landscaped in accordance with the standards set forth in § 148-63.

(b) Landscaping in parking areas shall be provided in accordance with provisions set forth in § 148-70.

(c) Street trees and on tract landscaping shall be provided in accordance with provisions in § 148-66.

(25) The location and design of any off-street parking area, showing size and location of bays, aisles and barriers and specifications for and location of proposed surface paving and curbing;

(26) All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation;

(27) The application shall include plans and computations for any storm drainage system, including the following:

(a) All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

(b) The location and extent of any proposed groundwater recharge basins, detention basins or other water or soil conservation or drainage devices, with cross sections every 50 feet at right angles to the long access of the basin, each extending 75 feet beyond the top of the rim of the basin on each side.

(c) A map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain.

(d) A weighted runoff coefficient for each drainage area shall be determined for use in the computations.

(e) Classifications of receiving waters (NJDEPE).

(28) The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries;

(29) Plans of proposed improvements and utility layouts, including sewers, storm drains and waterlines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved for each lot by the appropriate Township and state agencies and the result of soil profile pits and permeability testing, completed in accordance with the requirements and conditions prescribed by the Township Board of Health, shall be indicated on the plat or plan;

(30) In developments served by public water, Certification from the Insurance Services Office of New Jersey that hydrants and fire flows meet the minimum standards of that agency and that residual pressure in the water main in front of each dwelling is not less than 30 pounds per square inch. Certification for the latter can be supplied by the servicing utility;

(31) Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.C.G.S. vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract;

(32) Sight triangles, the radius of curblines and sign locations shall be clearly indicated at the intersections;

(33) The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited and the manner in which the easements will be controlled;

(34) The location and identification of proposed open spaces, parks or other recreation areas;

(35) The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9;

(36) Proof of compliance with Chapter 200, Solid Waste, Article I, Recycling. Residences shall have adequate space for storage of recyclables within the principal or accessory building. Nonresidential and multifamily developments may store recyclables within a screened enclosure as described in § 148-76;

(37) In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development;

(38) An estimate prepared by the applicant's engineer for construction costs of all on-site improvements exclusive of buildings;

(39) The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information;

(40) Preliminary architectural floor plans and elevations prepared by a New Jersey licensed architect (site plan application);

(41) Local and County Board of Health approval or proof of available public sewer service and capacity;

(42) Proof capacity of submission to the Hunterdon County Planning Board.

(43) Standard construction specifications for development projects:

[Added 3-5-2007 by Ord. No. 4-2007]

(a) No work shall be commenced on the project within an existing municipal street or road until a road opening permit is obtained. All required bonds and inspection fees shall be deposited with the Readington Township Administrator before a road opening permit will be issued.

(b) All standards of Readington Township shall be complied with when installing facilities within the existing and proposed public rights-of-way. Included in these standards shall be standards of construction for the sewer line facilities, storm drainage, sidewalks, driveways, driveway aprons, curbs, grading, pavement, shade trees, landscaping, and soil erosion and sedimentation control devices.

(c) Prior to commencing construction, the developer shall arrange for a preconstruction conference among the developer, contractor, Township Engineer, soil conservation district, and any other interested party.

(d) All work shall be subject to the inspection and approval of the Township Engineer, and no work shall be commenced on the project without the proper notice to the Township Engineer. At least 24 hours' notice shall be provided to the Township Engineer before such work is commenced so as to allow for the proper scheduling of inspection.

(e) Prior to commencing construction, the contractor shall notify all utility companies of his intent to excavate and allow for proper time for such utility companies to mark out and protect their facilities. Protection of the municipal facilities shall be at the expense of the contractor. Protection of other facilities shall be in conformance with state and utility company recommendations.

(f) Prior to commencing construction, the contractor shall notify the Township Engineer of the names and telephone numbers of at least two individuals in the firm that can be reached in the event of an emergency. These numbers will be on file for the use of the Township Engineer in notifying the contractor of any emergency situations that develop as a result of his work.

(g) The project engineer or surveyor shall stake all lines and grades for roadways, curbs, storm drains, swales, sanitary sewers and structures and shall furnish the Township Engineer with two copies of a grade sheet before commencing construction of the work.

(h) All improvements shall be constructed in accordance with applicable standards of the New Jersey Department of Transportation Standard Specifications.

(i) All work shall be performed during the normal hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be performed on Saturday, Sunday, or public holidays without the express permission and approval of the Township Engineer. Specific attention shall be directed to work performed in residential areas. The contractor must schedule his operation so as to minimize noise levels and inconvenience of adjacent property owners.

(j) All excavations in public thoroughfares shall be performed using suitable barricades, protective devices, and traffic control. All excavation shall be backfilled at the end of the workday, and, when performed in the paved areas, the excavation shall be stabilized and temporary asphaltic pavement placed over the excavation so as to provide for proper and safe travel. Variances to this requirement may be granted on a case-by-case basis from the Township Engineer. At no time shall such excavation be left unpaved without the express approval of the Township Engineer.

(k) Construction of sanitary sewage collection facilities shall be performed by competent experienced contractors and shall be in strict compliance with appropriate state and federal standards. Final acceptance of these facilities will be subject to the approval of the Township Engineer, and responsible public utilities authority shall be in strict compliance with all appropriate specifications and tests. No sewer connections shall be made without the express permission of the responsible public utilities authority.

(l) Sanitary sewer laterals shall have a T-wye and an inspection tee installed at the road right-of-way line.

(m) All utility crossings shall be installed prior to paving operations.

(n) Underdrains and subbase shall be constructed or placed if and where directed by the Township Engineer during construction.

(o) Storm drainage catch basins located within roadway, driveways, or parking areas shall include bicycle grates AB inlets (Campbell pattern No. 2618 or equal), and Type P2 six-inch ECD curb piece with markings "Drains to Waterways," unless otherwise permitted by the Township Engineer.

(p) Shop drawings of all precast structures must be submitted prior to construction.

(q) Riprap shall be of durable rock conforming to the Standard Specifications. It shall be placed in accordance with the construction drawings or as otherwise directed by the Township Engineer.

(r) Concrete sidewalk and driveway aprons shall be provided with transverse expansion joints one-half-inch wide, at intervals of not more than 20 feet as specified in Subsection 908.01 of the Standard Specifications. Transverse grooves, 1/4 the thickness of the concrete in depth, shall be cut in the sidewalk between the expansion joints at intervals equal to the sidewalk width. Concrete shall be protected and cured as specified in Subsection 607.05 of the Standard Specifications.

(s) Traffic stripes shall be applied using long-life epoxy resin material as specific in Section 617 of the Standard Specifications, as amended.

(t) Traffic regulatory signs shall be located in accordance with the requirements of the State of New Jersey and shall be in accordance with the specifications of the MUTCD.

(u) Street signs shall be four-way consisting of extruded aluminum blades with six-inch white letters on green background, all high intensity sheeting. The signs shall be mounted at least nine feet above grade on a two-and-three-eighths-inch o.d. galvanized post with vandalproof hardware.

(v) Development lighting shall conform to New Jersey Power and Light and Planning Board requirements.

(w) All electric and telephone utilities shall be underground

(x) Stripped topsoil shall not be used as spoil or removed from the project site. Redistributed topsoil shall be placed at a depth of at least five inches and stabilized in accordance with the soil erosion and sediment control plan.

(y) The developer shall be responsible for periodic cleanout of the stormwater and retention basin of any accumulated siltation as directed by the Township Engineer until the release of the maintenance guarantee.

(z) Maintenance of all public improvements shall be the responsibility of the developer until such facilities are accepted by Readington Township. Upon completion of all improvements, a maintenance guarantee shall be provided as surety that the facilities are properly constructed. All repairs to the improvements shall be the responsibility of the developer within a maintenance guarantee period not to exceed two years. Upon completion of the maintenance period, the Township Engineer shall reinspect the project in the presence of the developer and/or contractor, and any necessary repairs will be delineated at that time. Upon completion of such repairs, the developer will be released from any further responsibilities for such additional repairs and the maintenance guarantee will be returned.

C. Environmental impact statement.

(1) General provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document pertaining to different types of development applications are listed below:

(a) All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all soil culture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

(b) Any "C" variance (those pursuant to N.J.S.A. 40:55D-70c) applications to the Zoning Board of Adjustment not involving a site plan or subdivision shall not require an environmental impact statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.

[Amended 10-16-2000 by Ord. No. 37-2000]

(c) Any application for minor site plan approval or minor subdivision approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an environmental impact statement, unless specifically requested by the Board.

[Amended 7-16-2001 by Ord. No. 12-2001]

(d) All "D" variances (those pursuant to N.J.S.A. 40:55D-70d), preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an environmental impact statement.

[Amended 10-16-2000 by Ord. No. 37-2000]

(e) Applicants that are required to prepare and submit an environmental impact statement (EIS) shall submit a completed EIS checklist in addition to other checklists required for their application.[1]

[Added 10-16-2000 by Ord. No. 37-2000; amended 7-16-2001 by Ord. No. 13-2001]

[1] Editor's Note: Said checklists are included at the end of this chapter.

(2) Submission format. When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered, including the Township Master Plan and Natural Resources Inventory. Furthermore, as much original research as necessary shall be conducted to develop the environmental impact statement. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

(a) Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

[1] Township Master Plan.

[2] Readington Township Natural Resources Inventory.

[3] Master Plan of Adjacent Municipalities.

[4] Hunterdon County Master Plan.

[5] Regional and State Planning Guides.

[6] Other pertinent planning documents.

(b) Site description and inventory. Provide a description of environmental conditions on the site which shall include the following items:

[1] Types of soils. List and describe each soil type on the site. If applicable, provide soil profile pits and permeability testing data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of project proposed, a complete mapping of all soil types where the moderate and severe limitations exist.

[2] Topography. Describe the topographic conditions on the site.

[3] Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.

[4] Vegetation.

[a] Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types, site quality and age class shall be indicated.

[b] For isolated trees eight inches in diameter at three feet above the ground, the location and species shall also be shown on the map.

[5] Flora and fauna.

[Amended 10-16-2000 by Ord. No. 36-2000]

[a] This element of the EIS shall include mapping and written descriptions of all habitats located on the subject property and within 200 feet of the subject property. A "habitat" is defined as the sum total of all of the environmental and cultural factors of a specific place that is occupied by an organism, population or community. Environmental factors used in the definition of "habitat" shall include, but may not he limited to, air quality, water quality, groundwater supply, hydrology, geology, soils, topography, slope, vegetation, wildlife, noise characteristics, land use, structures and hazardous materials. Air and water quality shall be described according to standards promulgated by the New Jersey Department of Environmental Protection, and soils shall be described according to criteria contained in the Soil Conservation District Standards.

[b] This element shall also contain an inventory of plants and animals, including threatened/endangered species, that are present or that may be present within the habitats that have been mapped. This inventory shall be based on the following:

[i] Results of a Natural Heritage database search of sightings of threatened and endangered species and their habitat in Hunterdon County.

[ii] Visits and inspections by a qualified expert(s) at the subject property during the time(s) of year when species and their habitats would be present.

[c] A log, indicating the dates, times, weather conditions and specific site conditions of the required on-site inspections, shall be provided as part of the document.

[d] If evidence is detected of the presence of any threatened or endangered species as shown on any federal or New Jersey threatened or endangered species lists, then this element shall contain specific strategies and procedures to protect and preserve such species and their habitats.

[e] This element of the EIS shall be prepared by an expert who is qualified and able to recognize the presence of, or evidence of, a species of flora or fauna by site, sound, sign and habitat. The Board may retain a qualified expert to review the reports, findings and conclusions of the applicant's expert on behalf of the Board. This review, along with other pertinent work, will be paid for with escrow funds deposited by the applicant.

[6] Air quality. Describe existing air quality.

[7] Wetlands. Indicate the location and classification of wetland areas.

[8] Describe the subsurface and surface water conditions on the site both in terms of depth to groundwater and water supply capability. The location, depth, capacity and water quality of all existing water wells on the site shall be indicated. The location of wells within 500 feet of the site shall be indicated. Sources of groundwater pollution should be identified.

[Amended 7-16-2001 by Ord. No. 12-2001]

[9] Distinctive scenic and/or historic features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or located in an historic district.

[10] Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.

[11] Land use. Describe the land use of the site and the region which will be affected significantly by the proposed project.

[12] Miscellaneous. When warranted, the Board may require an analysis to be conducted of existing noise levels as prescribed by the New Jersey State Department of Environmental Protection.

(c) Assessment of environmental impact of project: An assessment supported by environmental data of the environmental impact of the project upon the factors described in Subsection C(2)(b) and specifically the following:

[1] Wastewater management.

[a] An estimate of the expected quantity and type of wastewater from the proposed development. If disposal is on site, discuss the relation to topography, soils, wetlands and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal areas; include results of soil profile pits and permeability tests required by ordinance.

[b] If disposal is to an existing private facility or to a public facility, identification, owner and location of the plant and location of the existing collection point to which the proposed project would be connected. Documentary evidence that the expected flows from the proposed facility will be accepted and can be treated adequately by the private or public facility must accompany the environmental impact statement.

[c] The applicant should demonstrate compliance with all applicable state, county and Township health regulations and current wastewater management plan.

[2] Water supply.

[a] If the water is to be supplied from the site, an impact assessment of water supply is required. The applicant must substantiate and explain the anticipated demand, present proof that the aquifer contained within the property limits can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geologic formation. If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply and sewerage facilities must be obtained from the New Jersey Department of Environmental Protection and Energy and must be included in the EIS.

[b] If the water is to be supplied from any existing private or public facility, the identification, owner and location of the facility and the location of existing distribution point to which the proposed project would be connected shall be provided. The applicant will submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and is willing to do so. The applicant must demonstrate to the satisfaction of the Planning Board that the total consumption of groundwater from on-site and off-site sources will not exceed the available safe yield of the aquifer contained within the property limits.

[3] Surface drainage and stormwater management. Discussion of the stormwater management plan to be submitted in accordance with Article VII and compliance with the provisions of that section.

[4] Stream corridors. A description and map of any streams and immediate environs, steep banks, springs and wetlands and stream-side vegetation located on the property. Include a map depicting the floodway and flood hazard area as reflected on flood hazard area delineation maps on file with the Township, along with evidence of compliance with the section. The applicant shall supply copies of all resource information provided to the Division of Water Resources in support of an application for any required encroachment permit.

[5] Solid waste disposal. Estimate the volume of solid wastes, by type, including excess earth, expected to be generated from the proposed project during construction and operation and describe plans for collection, storage, transportation and disposal of these materials; identify the location(s), type(s) and owner(s) of the facility (facilities) which will receive such solid wastes; demonstrate compliance with the requirements of the Statewide Mandatory Source Separation and Recycling Act.

[6] Air quality. Describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. Evidence of compliance with any applicable state and federal regulations shall accompany the EIS. If a state or federal emission permit is required, a copy of all resource data submitted with the application for the permit shall also accompany the EIS.

[7] Noise. A statement of anticipated effects on noise and vibration levels, magnitude and characteristics related to on-site activities and proposed method(s) of control. Background levels of noise throughout the anticipated area affected must be determined. Any applicant for industrial and commercial enterprises must show that after construction and during normal operation the enterprise will not exceed the State of New Jersey regulations controlling industries and commercial stationary sources (N.J.A.C. 7:29-1.1 et seq.).

[8] Traffic. Determine the present traffic volume and capacity of the road(s) serving the project and the nearest major intersection; calculate the traffic generated by the proposed project and any increase in background levels during the course of the project's completion; set forth projected volumes for roads and intersections upon completion of the project and compare the projected level of service (LOS) to the existing LOS; and describe traffic control measures that will be incorporated to mitigate the impact. If the site is located within the TDD, the effect and relationship to the TDD should be described.

[9] Community impact. An analysis of the factors affecting the finances of the Township, which shall include a comparison of the estimated tax receipts and fiscal outlay for municipal services; estimated number and types of jobs to be provided; calculation of the number of school-aged children to be produced; and any addition to existing municipal services rendered by the project.

[10] Visual impact. Discuss how the natural or present character of the area will be changed as a result of the proposed development and the steps taken to mitigate the impact.

[11] Artificial light. A statement of anticipated effects on light, magnitude and characteristics related to on-site activities and proposed methods of control, with particular attention to the control of sky glow.

[12] Critical and environmentally sensitive area. Quantify and discuss the impact on critical areas, including stream corridors, wetlands and slopes greater than 15%; and environmentally sensitive areas, including highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge and discharge areas and other environmentally sensitive features, areas or conditions not addressed elsewhere in the EIS. The analysis should include a quantification of predevelopment and postdevelopment conditions on the site.

[13] Energy conservation. A description of the site in terms of its physical orientation to solar access and prevailing winds, addressing the building and site design and arrangement in terms of energy efficient principles and maximum utilization of renewable energy sources.

[14] Environmental protective measures. The EIS shall contain a listing of all environmental protective measures which will be used should the proposed project be implemented. These are measures which will avoid or minimize adverse effects on the natural and man-made environment of the site and region during the construction and operation of the facility.

[15] Adverse impact which cannot be avoided. The EIS shall contain a summary list, without discussion, of the potential adverse environmental impacts which cannot be avoided should the proposed project be implemented. Short-term impacts should be distinguished from irreversible impacts. Any impacts on critical areas, which include but are not limited to streams, floodways, wetlands, slopes of 15% or greater, and environmentally sensitive areas, which include but are not limited to highly erodible soils, areas of high water table, aquifer recharge areas and mature stands of native vegetation, should specify the type of criteria involved and the extent of similar areas which will not be affected.

[16] Summary environmental assessment. The EIS shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effect of the project should it be implemented and the public benefits expected to derive from the project, if any.

[17] Permits. List any permits required for this project from federal, state, local or other governmental agencies, including the name of the issuing agency, whether the permit has been applied for and, if so, the date of the application, whether the application was approved or denied (include date) or is pending and the number of the application or permit.

(d) Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

(e) Summary environmental assessment. The EIS shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effects of the project, should it be implemented and the public benefits expected to derive from the project, if any.

(3) Disposition by the Board. The Board shall review the information furnished in the environmental impact statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will not result in unreasonable adverse impact on the environment and that the development has been conceived and designed in such a manner that it will not significantly impair natural processes and will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.

D. Action by the Township.

(1) The staff of the Planning Board and Zoning Board of Adjustment shall review the major subdivision or major site plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by § 148-102B and C of this chapter, said Board shall certify that said application is complete.

(b) If said application is found to lack some of the information required by § 148-102B and C of this chapter, said Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 148-102B and/or C and said request shall be granted or denied by the Board within 45 days.

(d) In the event the Board fails to act pursuant to Subsections D(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a) Hunterdon County Planning Board: three copies each of the preliminary plat or plan, one copy of drainage calculations, the application and any protective covenants or deed restrictions;

(b) The Planning Board or the Zoning Board of Adjustment, as the case may be: five copies of the preliminary plat or plan;

(c) Township Planner: one copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions and EIS;

(d) Township Engineer: one copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions, drainage calculations and EIS;

(e) Planning Board Attorney: one copy each of the preliminary plat or plan, the application, any protective covenants or deed restrictions and EIS.

(f) Zoning Officer: one copy of the preliminary plat or plan;

(g) Township Environmental Commission: one copy of the preliminary plat or plan;

(h) Township Tax Assessor: one copy of the preliminary plat or plan;

(i) Hunterdon County Department of Health: one copy of preliminary plat or plan;

(j) Township Historian: one copy of the preliminary plat or plan;

(k) Police Department: one copy of the preliminary plat or plan;

(l) Fire Company: one copy of the preliminary plat or plan;

(m) At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to the Township Traffic Engineer, other Township, county or state agencies as may be designated by the Board.

(4) The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5) The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(6) The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in § 148-102D(4) and (5) hereinabove in cases where the applicant has requested a use variance in accordance with N.J.S.A. 40:55D-70d and § 148-90D of this chapter. All aspects of the application shall be acted upon within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

(7) Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

(8) In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article V of this chapter pursuant to N.J.S.A. 40:55D-65c;

(b) That the proposals for maintenance and conservation of the common space and common facilities, if applicable, are reliable and the amount, location and purpose of the common open space and common facilities are adequate;

(c) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(e) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interest of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(9) All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 148-94D).

(10) The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least four copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

(11) Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(12) If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 148-94F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

E. Effect of preliminary approval.

(1) Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

(a) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

(b) That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan;

(c) That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

(d) Preliminary approval of a site plan or subdivision shall not provide a basis for the issuance of a construction permit or certificate of occupancy. No construction permit or certificate of occupancy associated with a site plan or subdivision shall be issued until a site plan has received, and perfected, final site plan approval.

[Added 9-3-2019 by Ord. No. 19-2019]

(2) In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in § 148-102E(1) hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c) Economic conditions; and

(d) The comprehensiveness of the development;

(e) Provided that if the design standards have been revised by ordinance, such revised standards may govern.

(4) Whenever the Planning Board grants an extension of preliminary approval and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension before or after what would otherwise be the expiration date.

(5) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection E(3) above.

§ 148-103 Submission of final major subdivision plats and final major site plans.

A. Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer, at least three weeks prior to the regularly scheduled meeting of the Board, 13 copies of the final major subdivision plat or final major site plan; three copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and fees in accordance with Article XI of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans and agrees to be bound by it.

B. Details required for final major subdivision plats and final major site plans. The following information shall be submitted:

(1) All details stipulated to in § 148-101B and C of this chapter.

(2) All additional details required at the time of preliminary approval shall be submitted.

(3) A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

(4) Detailed architectural (for site plans only) and engineering data, including:

(a) An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.

(b) Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center-line geometry and horizontal alignments with bearings, radius and tangents.

(c) Plans and profiles of all storm and sanitary sewers and water mains (as-builts if completed).

(d) All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of 1:5,000 and the dimensions of all lot lines to within 1:10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined. Conformance with § 148-102B(34) and the Map Filing Law. Additional exterior monuments may be required by the Board.

(5) The final submission shall be accompanied by the following documents:

(a) Certification from the Township Tax Collector whether all taxes and assessments are paid to date;

(b) Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Township Engineer;

(c) The applicant or developer shall certify in writing to the Board that he has:

[Amended 3-4-2024 by Ord. No. 03-2024]

[1] Submitted a letter from his engineer stating that the final plat conforms to the preliminary plat as submitted and approved, except for minor variations as required by the Board or the Township Engineer. All changes shall be shown on the final as-built plans;

[2] Installed all improvements in accordance with the requirements of this chapter; and/or

[3] Posted a performance or other guaranty in accordance with Article XI of this chapter.

[4] Submitted a letter from his engineer indicating that the installed improvements are in conformance with the preliminary plat.

(d) A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in Article XI of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance or other guaranty.

[Amended 3-4-2024 by Ord. No. 03-2024]

C. Action by the Township.

(1) The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors and site plan or subdivision review committee shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

(a) If said application is found to contain all of the information required by § 148-103B of this chapter, said Board shall certify that said application is complete.

(b) If said application is found to lack some of the information required by § 148-103B of this chapter, said Board shall either:

[1] Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

[2] If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

(c) An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 148-103B at least 10 days prior to the Board meeting. Said request shall be granted or denied by the Board within 45 days.

(d) In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

(2) On the date the aforesaid application is certified complete or on the 46th day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

(3) Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

(a) The Planning Board or the Zoning Board of Adjustment, as the case may be: five copies of the final plat or plan and one copy of the application;

(b) Hunterdon County Planning Board: three copies each of the final plat or plan and the application;

(c) Township Planner: one copy each of the final plat or plan and the application;

(d) Township Engineer: one copy each of the final plat or plan;

(e) Township Board of Health: one copy each of the final plat or plan;

(f) Township Tax Assessor: one copy of the final plat or plan;

(g) Board Attorney: one copy of the final plat or plan;

(h) At the direction of the Board, additional copies of the final plat or plan shall be sent to other Township, county or state agencies as may be designated by the Board.

(4) The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application. Prior to final approval the Board shall schedule a site inspection.

(5) The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least four paper copies of the plat or plan with the notification that it has been approved. In the case of a site plan, the applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing at least one cloth copy and at least two Mylar copies of the approved plat in addition to the 12 paper copies. The paper copies shall be provided by the applicant after the plats have been filed with the Hunterdon County Recording Officer.

(6) 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 Hunterdon County Clerk. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date. No subdivision plat shall be accepted for filing by the Hunterdon County Clerk until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to Sections 35, 38, 44, 48, 54 or 63 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76). The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to Section 41 of P.L. 1975, c. 291, N.J.S.A. 40:55D-53. If the Hunterdon County Clerk records any plat without such approval, such recording shall be deemed null and void, and upon request of Readington Township, the plat shall be expunged from the official records. It shall be the duty of the Hunterdon County Clerk to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

(7) After approval of the final plat or plan by the Board, the Board shall retain one linen and one Mylar (in the case of a subdivision) and one paper print of the signed plat and shall distribute the paper prints as follows:

(a) Township Engineer: one paper copy;

(b) Construction Official: one paper copy;

(c) Township Tax Assessor: two paper copies;

(d) Township Tax Collector: one paper copy;

(e) The applicant: one paper copy and, in the case of subdivisions only, one Mylar copy; and

(f) Such other Township, county or state agencies and officials as directed by the Board.

(8) If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of the adoption of the resolution, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

(9) In the case of PND and PND-1 developments only, final approval shall not be granted for any section of the development unless, within the entire development if developed in one stage or within each stage of the development if staged, the construction and issuance of certificates of occupancy for low- and moderate-income units has met the following phasing schedule to assure that the construction of both types of units occurs in tandem:

	Market Rate Housing Percentage (Maximum)	Low- and Moderate-Housing Percentage (Minimum)
	Up to 25%	0% (none required)
	25% + 1	At least 10%
	Up to 50%	At least 25%
	Up to 75%	At least 50%
	Up to 100%	100%

D. Effect of final approval.

(1) Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

(a) The zoning requirements applicable to the preliminary approval developer, whether conditionally or otherwise, shall not be changed.

(b) If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

(2) In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 148-103D(1) herein above for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The developer may apply thereafter and the Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under final approval;

(b) The number of dwelling units and nonresidential floor area remaining to be developed;

(c) Economic conditions; and

(d) The comprehensiveness of the development.

(4) Whenever the Planning Board grants an extension of final approval and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(5) The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to the section above.

(6) Final approval of a site plan or subdivision is required prior to the issuance of a construction permit or certificate of occupancy. No construction permit or certificate of occupancy associated with a site plan or subdivision shall be issued until a site plan has received, and perfected, final site plan approval.

[Added 9-3-2019 by Ord. No. 19-2019]