Township of Woodbridge, NJ Article II Administration and Enforcement

[Amended 5-19-2009 by Ord. No. 09-35]

§ 150-5 Permit Required; Administrative Officials; Inspections.

A. It shall be unlawful for any persons, corporation or agent to construct, move, alter or change the use of any building or use any land without first applying for a permit.

B. The provisions of this chapter shall be administered and enforced by the Construction Official and the Administrative Officer of the municipality.

C. In no case shall a permit be granted for the construction, alteration or use of any building or land where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.

D. It shall be the duty of the Construction Official or his duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this chapter.

E. If the Construction Official determines that a development application is required, the applicant shall be referred to the Administrative Officer.

F. When occupancy (public) is increased by the Board of Fire Commissioners or Construction Board of Appeals, the applicant is required, within 30 days thereof, to submit signed plans for reevaluation by Code Enforcement Officials for Code compliance.

G. A certificate of occupancy must be obtained pursuant to the International Building Code — New Jersey for all new constructions, reconstructions, alterations, conversions or installations of a structure or building. No certificate of occupancy shall be issued until all applicable requirements of the International Building Code — New Jersey and the regulations adopted thereunder, the site plan, subdivision, and plot plan have been complied with, including all underground utilities, bituminous stabilized base course for the roadway and grading within six inches of approved finished grade which shall be shown on an as-built survey certified by a New Jersey licensed land surveyor and approved by the Woodbridge Township Division of Engineering. The as-built survey must include a provision that the as-built grading contour will not result in stormwater runoff for any adjacent properties. The as-built grading survey shall not be a requirement for the issuance of a certificate of occupancy for the construction of an addition to an existing single-family residence when said addition does not exceed 25 percent of the gross floor area of the existing structure, does not include new excavation or foundation and does not require any bulk variance(s).

H. Registration Required. All properties in the OSC/R Zone shall be required to register annually, free of charge. Registration will include initial inspection, and reinspection from time to time, as may be necessary. Failure to register within ninety (90) days of the adoption of this subsection, and each year thereafter, by January 15th, shall constitute a violation in accordance with Section 150-97(A)(1) of this Article, carrying a fine of up to $2,000 a day. A separate offense shall be deemed to be committed on each day during or on which the violation occurs or continues.

[Added 9-6-2016 by Ord. No. 2016-52]

§ 150-6 Applications.

Applications for permits shall be made as prescribed in the International Building Code — New Jersey. Applications for development shall be made as prescribed in this chapter.

§ 150-7 Zoning Permit.

A. No building or driveway appurtenant to any building or structure shall be constructed, used or changed in the use, nor shall commercial tenancies change in any building, until a zoning permit shall have been issued by the Zoning Officer. The zoning permit shall confirm the fact that the building, driveway, structure or proposed use complies with the requirements of this chapter or with variances thereto as approved by the appropriate municipal agency. The zoning permit shall be applied for by the owner or his authorized agent prior to occupancy, prior to a change in commercial tenants or coincident with the application for a building permit and shall be issued within 10 days after the above-referenced application. In the case where the Zoning Officer shall decline to issue a zoning permit, his reasons for doing so shall be stated upon a copy of the application therefor and that copy returned to the applicant. A record of all zoning permits shall be kept on file by the Zoning Officer and by the Construction Official, and copies shall be furnished to any person having an ownership interest in the property, building or driveway affected or to the authorized agent of such owner. Upon the serving of notice by the Zoning Officer of any violation of the provisions or requirements of this section with respect to any building, driveway, structure or use thereof, the zoning permit for such use shall thereupon without further action be null and void and shall be reinstated upon satisfactory compliance with the appropriate requirements of this chapter. These requirements shall not apply to the use, reuse or sale of single-family residential dwellings.

B. Except as provided by Subsection B(1) (2) (3) and (4) below, there should be a flat fee of $100 to be assessed and paid for by the applicant for each zoning permit, which fee is to be collected in the same manner as any other building fees.

(1) There shall be a flat fee of $25 imposed for a zoning permit if the premises is a residence and the applicant for the zoning permit is the owner and occupant of the premises.

(2) There shall be a flat fee of $25 imposed for a zoning permit if the zoning permit is obtained for the purposes of constructing, using or changing a driveway or fence.

(3) There shall be a flat fee of $100 imposed for a zoning permit if the zoning permit is obtained for a nonresidential property not exceeding 7,500 square feet.

(4) There shall be a fee imposed for a zoning permit if the zoning permit is obtained for a nonresidential property which exceeds 7,500 square feet in accordance with the following schedule:

Fee	Area (square feet)
$150	7,501 - 10,000
$200	10,000 - 1 acre
$250	1 acre - 2 acres
$350	3 acres - 10 acres
$450	10+ acres

§ 150-8 Planning Board.

A. Establishment; Members. There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Township of Woodbridge a Planning Board of nine members, municipal residents, consisting of the following four classes:

(1) Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.

(2) Class II: One of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor. The member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for the purpose of this chapter in the event that there are among the Class IV or alternate members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.

(3) Class III: A member of the governing body, to be appointed by it.

(4) Class IV: Six other citizens of the municipality, to be appointed by the Mayor. No member of Class IV shall hold another municipal office, position or employment, except that one such member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission, if there is one. One Class IV member may be a member of the Board of Education. The member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1) shall be a Class IV Planning Board member, unless there are among the Class IV or alternate members of the Planning Board both a member of the Board of Adjustment or Historic Preservation Commission (if there is one) and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of a municipal office.

B. Alternate Members. There shall be two alternate members in Class IV. Alternate members shall be appointed by the Mayor for Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

C. Terms of Office.

(1) The term of the member of Class I shall correspond to his office tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointments, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years. All terms shall run from January 1 of the year in which the appointment is made.

(2) Any new appointments or reappointments to said Board shall be governed by the provisions of this chapter.

(3) The terms for alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than one alternate member shall expire in one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by appointment of the Mayor for any unexpired term only.

D. Conflicts of Interest; Removal for Cause.

(1) No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

(2) Any member or alternate member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.

(3) Any member who shall fail to attend eight consecutive meetings without just cause shall be removed by the governing body. A replacement shall be made within 30 days by the designated appointing authority and for the same remaining term as with the original appointment.

E. Absent Members. A member of the Planning Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearings from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

F. Quorum. A quorum of the Planning Board shall be a majority of the full authorized membership. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by this chapter from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interests therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

G. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee.

H. Expenses and Costs; Experts and Other Staff.

(1) The governing body shall make provision in the municipal budget and appropriate funds for the expenses of the Planning Board.

(2) The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, certified shorthand reporter, planning and engineering experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

I. Powers and Duties. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

(1) To make and adopt and from time to time to amend a Master Plan for the physical development of the municipality in accordance with this chapter and the provisions of N.J.S.A. 40:55D-28.

(2) To administer the provisions of the Land Subdivision and Site Plan Regulations of the Township of Woodbridge in accordance with this chapter, the provisions of said ordinances and N.J.S.A. 40:55D-1 et seq.

(3) To review and recommend actions regarding the Official Map in accordance with the provisions of this chapter and N.J.S.A. 40:55D-32.

(4) To review and administer the Zoning Regulations of the Township in accordance with this chapter and N.J.S.A. 40:55D-64 regarding referrals and N.J.S.A. 40:55D-67 regarding conditional uses which meet all conditions.

(5) To prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.

(6) Grants of relief.

(a) Whenever a proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 150-9I(4) of this chapter, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:

[1] Variances pursuant to § 150-9I(3) of this chapter.

[2] Direction pursuant to § 150-9I(5) of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 150-9I(3) of this chapter.

[3] Direction pursuant to § 150-9I(6) of this chapter for issuance of a permit for a building or structure not related to a street.

(b) Whenever relief is required pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any 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 conditional upon grant of all required approval by the Planning Board. No such subsequent approval 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 Regulations.

(7) To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

(8) To assemble data on a continuing basis as part of a continuous planning process.

(9) To consider and make reports, including recommendations to the governing body, within 35 days after referral as to any proposed development regulation, revision or amendment. The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the project and recommendations of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the 35 day period provided herein shall relieve the governing body from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

(10) To consider and make reports to other municipal bodies or officer having final authority thereon on matters authorized by ordinance to be referred, provided that any matter under the jurisdiction of the Zoning Board of Adjustment may be referred only at the request of the Zoning Board of Adjustment. Such references shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

(11) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

(12) At the request of the developer, the Technical Review Committee shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Technical Review Committee shall not be bound by any such review.

(13) To approve planned developments in order to encourage and promote flexibility and economy in layout and design in accordance with this chapter and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45. Prior to granting approval to any planned development, the Planning Board shall find the following facts and conclusions:

(a) Those departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c.

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

(c) That provisions 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 interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(f) The general development plan shall comply with the provisions listed in N.J.S.A. 40:55D-45.1 — 45.8.

§ 150-9 Zoning Board of Adjustment.

A. Members. There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., a Municipal Zoning Board of Adjustment consisting of seven members, residents of the Township of Woodbridge, who shall be appointed by the governing body and who shall not hold any elective office or positions under the municipality.

B. Alternate Members. There may be two alternate members of the Zoning Board of Adjustment, appointed by the governing body, who shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made to which alternate member is to vote, Alternate No. 1 shall vote.

C. Terms of Office.

(1) The terms of the members first appointed under this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointments and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years, and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of such alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

(2) Any new appointments or reappointments to the Board shall be governed by the provisions of Subsection C (1) of this section.

D. Conflict of Interest; Removal for Cause.

(1) No member or alternate member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

(2) Any member or alternate member, after a public hearing if he requests one, may be removed by the governing body for cause.

(3) Any member who shall miss eight consecutive meetings without just cause shall be removed by the appointing authority. A replacement shall be made within 30 days by the same appointing authority and for the same remaining term as with the original appointment.

E. Absent Members. A member of the Zoning Board of Adjustment who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all the hearings from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

F. A quorum of the Zoning Board of Adjustment shall be a majority of the full authorized membership. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

G. Organization of Board. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Board of Adjustment or a municipal employee.

H. Expenses and Costs; Experts and Other Staff.

(1) The governing body shall make provision in the municipal budget and appropriate funds for the expenses of the Board of Adjustment.

(2) The Board of Adjustment may employ or contract for and fix the compensation of legal counsel, other than the Municipal Attorney, certified shorthand reporter, planning and engineering experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts and grants, the amount appropriated by the governing body for its use.

I. Powers and Duties. The Board of Adjustment shall have the power to:

(1) Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of the Zoning Ordinance.

(2) Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions which such Board is authorized to pass by any zoning or Official Map ordinance.

(3) Grant of variance.

(a) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation of the Township would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant upon an application or an appeal relating to such property, a variance from such strict application or such regulation so as to relieve such difficulties or hardship;

(b) Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulations; provided, however, that no variance from those departures enumerated in this § 150-9I(4) shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance in accordance with the provisions in § 150-8I(6)(a)[1].

(4) Grant a variance to allow a principal structure or use in a district restricted against such principal structure use, an expansion of a nonconforming use, deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), an increase in the permitted floor area ratio, an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, or a height of a principal structure which exceeds by 10 feet or 10 percent the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by the affirmative vote of at least five members of the full authorized membership of the Board. If an application for development requests one or more variances but not a variance for a purpose enumerated in this subsection, the decision on the requested variance or variances shall be rendered pursuant to Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70c). No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and the Zoning Regulations of this chapter. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

(5) Direct the issuance of permits for buildings or structures in the bed on any street or public drainageway, flood control basin or public area reserved as shown on the Official Map or shown on a legally filed plat before adoption of the Official Map. Whenever one or more parcels of land upon which is located the bed or such mapped street or public drainageway, flood control basin or public area cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood control basin or public area which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map; and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60b.

(6) Direct the issuance of a permit for a building or structure not related to a street where the enforcement of the requirement that every lot shall abut a street giving access to such proposed building or structure would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street. The Board of Adjustment may, upon application or appeal, vary this provision and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit to N.J.S.A. 40:55D-60c.

J. The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article V and Article VI of this chapter or conditional use approval pursuant to Article III, § 150-44 of this chapter whenever the proposed development requires approval by the Board of Adjustment of a use variance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such 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. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question and the special vote pursuant to § 150-9I(4) of this article.

K. Environmental Commission Review. Whenever the Environmental Commission has prepared and submitted to the Planning Board and the Board of Adjustment an index of the natural resources of the municipality, the Board shall make available to the Environmental Commission an informational copy of every application for development submitted to them. Failure of the Boards to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

§ 150-10 Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment.

*Note: References herein to the municipal agencies shall refer to the Planning Board and Zoning Board of Adjustment.

A. Basic Course in Land Use Law and Planning.

(1) All regular and alternate members of the Planning Board/Zoning Board shall be required to successfully complete a course in land use law and planning which has been authorized by the NJ Commissioner of Community Affairs and/or New Jersey Planning Officials within 18 months of assuming Board membership. No new member of the Planning Board shall be seated as a first term member or alternate member of the Planning Board unless the person agrees to complete the basic course required and completes that course within 18 months of assuming Board membership. The Mayor or Class I member, a member of the governing body serving as a Class III member, and any person licensed as professional planner shall be exempt from this requirement.

B. Meetings.

(1) Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with State law. No action shall be taken at any meeting without a quorum's being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting, except as otherwise required by this chapter. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for governing bodies.

(2) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with State law. An executive session for the purpose of discussing certain matters as specified by State law shall not be deemed a regular or special meeting within the meaning of this chapter.

(3) Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and the reasons thereof. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Secretary. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee as specified by municipal ordinance for reproduction of the minutes for his use.

C. Hearings.

(1) The municipal agency shall hold a hearing on each application for development.

(2) The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

(3) The officer presiding at the hearing or such person as he may designate shall have power to administer oaths, issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law shall apply.

(4) The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

(5) Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

(6) The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.

(7) The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision in writing. The municipal agency shall provide the findings and conclusions through:

(a) A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on that application for development; or

(b) A memorializing resolution adopted at a meeting, held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, findings, and publications required by § 150-10C(8) of this chapter. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

(8) A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if requested, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of that agency. The Secretary shall make a copy of such filed decision available to any interested party for a reasonable fee as specified by municipal ordinance, and it shall be available for public inspection at his/her office during normal business hours.

(9) A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant for an application which receives an approval by the municipal agency. The publication of notice for an application which has received a denial by the municipal agency shall be arranged for by the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

D. Contents of Notice of hearing on application for development and adoption of Master Plan. Notices pursuant to this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection F of this section, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection C(2) of this section.

E. Notice of Applications. Notice pursuant to this subsection shall be given by the applicant at least 10 days prior to the date of hearing.

(1) Public notice of hearing on an application for development shall be given (except for minor site plan review) pursuant to this chapter, minor subdivisions pursuant to this chapter or final approval pursuant to this chapter, provided that public notice of a hearing shall be required for a major site plan request, and further provided that public notice shall be given in the event that the Planning Board is acting lieu of the Zoning Board of Adjustment. Public notice shall be given by publication in an official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

(2) Notice of a hearing requiring public notice pursuant to Subsection E(1) of this section shall be given to the owners of all property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at this address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

(3) Upon written request of an applicant, the Administrative Officer of the municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of those owners pursuant to this article. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to this article. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.

(4) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.

(5) Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan adjoining other County land or situated within 200 feet of a municipal boundary.

(6) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

(7) Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Secretary.

(8) The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

(9) Notice of hearing on applications for approval of a major subdivision or a site plan not defined as a minor site plan in this chapter requiring public notice pursuant to this article shall be given, in the right-of-way or easement within the municipality and which has registered with the municipality in accordance with this article, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility, or by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

(a) Every public utility, cable television company and local utility interested in receiving notice pursuant to this article and N.J.S.A. 40:55D-12h may register with the municipality if the public utility, cable television company or local utility has a right-of-way or easement within the municipality. The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.

(b) The Administrative Officer of the municipality shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the municipality pursuant to this article. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position of the person to whom notice shall be forwarded, as required pursuant to this article and N.J.S.A. 40:55D-12h. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. 40:55D-12c.

(c) The municipality shall collect a registration fee of $1,000 from any public utility, Cable Television Company or local utility which registers to receive notice pursuant to this article.

F. Notice Concerning Master Plan and Development Regulations. Notice shall be given as follows:

(1) Public notice of a hearing on adoption, revision or amendment of the Master Plan and development regulations. Such notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing.

(2) Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan and development regulations involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.

(3) Notice by personal service or certified mail to the County Planning Board of:

(a) All hearings on the adoption, revision or amendment of the Municipal Master Plan and development regulations at least 10 days prior to the date of the hearing. Such notice shall include a copy of any such proposed Master Plan, or any revision or amendment thereto.

(b) The adoption, revision or amendment of the Master Plan and development regulations not more than 30 days after the date of such adoption, revision or amendment. Such notice shall include a copy of the Master Plan, development regulations or revision or amendment thereto, as the case may be.

G. Effect of Mailing Notice. Any notice made by certified mail shall be deemed complete upon mailing.

H. Fees and Escrow Deposits. The escrow deposit fees are established to cover the costs of professional services, including but not limited to engineering, legal, planning, landscaping, traffic, environmental and other expenses incurred by the Township for the review of submitted materials for specific development applications.

(1) Escrow deposits for professional services.

(a) The Township of Woodbridge, acting through its Planning Board and/or Board of Adjustment, shall require fees for technical and/or professional services and testimony employed to the Board in reviewing an application. Fees required for this purpose shall be held in an escrow account by the Township.

(b) Fees for technical and/or professional services shall be in addition to any and all other required fees.

(c) The applicant shall pay for professional review services which are reasonably necessary for the review, processing, research and/or memorialization of any application for development. These services may include, but not be limited to, an attorney, professional planner, professional engineering, traffic engineer, environmental consultant and/or other professional as deemed necessary by the reviewing Board.

(d) If the Board determines that, because of the complexity of an application, the services of a traffic engineer or professional other than an engineer, planner and attorney are needed, an additional escrow fee equal to the cost of said services may be required before the next scheduled hearing.

(e) All costs for the review and inspection of any application for development shall be paid prior to the issuance of an approved plan, and all remaining costs shall be paid in full before an occupancy of the premises is permitted, or a certificate of occupancy is issued.

(f) The review services of these professionals shall be charged at the hourly rate authorized or paid by the Township for professional services based upon the current fee schedule.

(g) Each applicant shall provide the Township with a Federal tax identification number or Federal social security number.

(h) All payments charged to the individual application escrow deposit shall be pursuant to charges from the professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the escrow deposit was put. Thereafter, the municipality shall, upon written request, provide copies of the vouchers to the developer.

(i) If the salary, staff support and overhead for a professional review are provided by the municipality, the charge to the escrow deposit shall not exceed 200 percent of the sum of the products resulting from multiplying the hourly base salary of each of the in-house professionals and support by the number of hours spent on the respective review of the application for development. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professionals for the municipality.

(2) Exception from escrow deposit requirements.

(a) A waiver of application fees for nonprofit housing units being provided by the applicant for low- and moderate-income families consistent with the criteria established by the New Jersey Council on Affordable Housing may be granted by the governing body.

(b) When the governing body determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants may request a waiver of the required escrow deposit:

[1] Public organizations and/or agencies.

[2] Charitable and/or philanthropic organizations.

[3] Fraternal and/or religious nonprofit organizations.

(c) Any organization qualifying for Subsection H(2)(b)[2] above must hold a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)].

(3) Submission of escrow deposit.

(a) The applicant shall submit the required escrow deposit to the Administrative Officer prior to the application being reviewed for completeness. No applicant shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.

(b) Required escrow deposits shall be in the form of cash, money order or check payable to the Township of Woodbridge.

(4) Escrow for concept/informal review.

(a) Whenever an applicant requires an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review. There shall be a fee assessed for each informal review that might be required for any reason.

(b) Any escrow deposit received for informal review shall be in addition to the required escrow deposit for informal review shall be in addition to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.

(c) Informal review fees shall be as follows:

[1] Minor subdivision or minor site plan: $100.

[2] Major subdivision, major site plan or use variance: $500.

(d) Capital project review fees shall be $750.

(5) Schedule of required application charges.

(a) Except as enumerated in Subsection H(2) of this section, the municipal agency shall charge fees for administration of its functions, powers and duties as follows:

[1] Variances: Fees shall be in addition to any required subdivision and/or site plan fees.

Type of Application	Application Fee/Escrow Fee
Appeals	$100/$250
Interpretation (40:55D-70a)	$75/$1,000
Bulk (40:55D-70c) hardship
Residential	$75 per violation/$100 for violations not requiring site plan or subdivision approval
Nonresidential	$125 per violation/$100 for violations not requiring site plan or subdivision approval
Use (40:55D-70d)
Residential	$500/$2,500 for violations not requiring site plan or subdivision approval
Nonresidential	$500/$2,500 for violations not requiring site plan or subdivision approval
Permit (40:55D-34 and 35)	$150/$250
Conditional use permit	$200/$1,000
Request for rezoning	$500/$2,000

[2] Subdivisions: Fees shall be in addition to any required variance fees.

Type of Application	Application Fee/Escrow Fee
Minor plat	$300 plus $15 per lot/$2,500 (3 lots or less); $4,000 (4 lots)
Preliminary major plat	$500 plus $15 per lot/See below
Final major plat	$300 plus $15 per lot/See below
Amended minor subdivision, preliminary and/or final major subdivision	33% of original application fee/See below
Each submission of revised plans	33% of original application fee/33% of original escrow fee

[3] Subdivision plat escrow fees:

[a] Preliminary:

Number of Lots	Escrow Fee
5 to 10	$4,000
11 to 25	$5,000
26 to 50	$6,000
51 to 100	$8,000
101 to 250	$10,000
251 to 500	$12,000
Over 500	$14,000

[b] Final:

Number of Lots	Escrow Fee
5 to 25	$2,000
26 to 100	$3,000
101 to 500	$4,000
Over 500	$5,000

[4] Site plans: Fees shall be in addition to any required variance fees.

Type of Application	Application Fee/Escrow Fee
Minor site plan	$300/$2,000
Preliminary site plan	$500/See below
Final site plan	$300 or 33% of preliminary application fee; whichever is greater/$1,000 or 33% of the preliminary escrow fee, whichever is greater
Amended minor site plan, preliminary and/or final major site plan	33% of original application/See below fee
Each submission of revised plans	33% of original application/33% of original escrow fee

[5] Preliminary site plan escrow fee:

[a] Residential site plan:

Number of Lots	Escrow Fee
0 to 9	$3,000
10 to 25	$4,500
26 to 50	$6,000
51 to 100	$7,500
101 to 250	$10,000
251 to 500	$12,000
Over 500	$14,000

[b] Nonresidential site plan:

Gross Floor Area (square feet)	Escrow Fee
0 to 500	$3,000
501 to 1,000	$4,000
1,001 to 5,000	$4,500
5,001 to 10,000	$7,000
10,001 to 15,000	$9,000
15,001 to 20,000	$10,000
20,001 to 25,000	$12,500
25,001 to 100,000	$15,000
Over 100,000	$18,000

(b) The application fees delineated for administration of the municipal agency's functions, power and duties in this section shall not be charged and collected from any charitable, philanthropic fraternal or religious nonprofit organization holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. 501(c) or (d)].

(c) Resubmissions.

[1] Applicants shall pay escrow deposit fees based upon 33 percent of the original submission fee for any resubmission of any revised plans, including applications for use variances, preliminary subdivisions, final subdivisions, preliminary site plans, final site plans, planned unit development applications and general development plan applications.

[2] If plans are resubmitted in accordance with conditions of approval by the appropriate Board, the escrow deposit fee for each resubmission shall be one-third of the original escrow fee.

(d) Special design elements. Applicants shall pay escrow fees based upon 20 percent of the original escrow fee, when and as determined by the reviewing Board that the proposed project includes a special design consideration, such as but not limited to a sanitary sewer pump station, detention or retention ponds, a potable water storage facility, traffic signalization devices, off-tract improvements, etc.

(e) Request for rezoning. Any property owner seeking a rezoning of its property shall pay an escrow fee of $1,500.

(6) Review of escrow deposit amount.

(a) Prior to making a determination of completeness upon any application, the Administrative Official shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the Administrative Official or reviewing Board to cover professional costs anticipated for the application, additional funds in the amount of one-third of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.

(b) Further additional escrow deposit fees may be required at any time upon determination by the reviewing Board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of one-third of the initially required escrow fee, when and as determined necessary by the reviewing Board. No building permits or certificates of occupancy shall be issued until all required escrow funds have been received.

(7) Escrow deposit submission. The escrow amount shall be deposited by the Township into an official depository of the Township in a separate interest-bearing escrow account in the name of the Township and the applicant. The custodian of the account shall be the Director of Finance. The custodian shall notify the applicant, in writing, of the name and address of the depository and the amount of the deposit. Disbursements for professional review services shall be made in accordance with State law and Township procedures. Deposit amounts shall be transmitted pursuant to State statute and applicable Township regulations and ordinances. When charges for review fees are received by the custodian of the escrow account, the entire amounts shall be transferred to the general fund of the Township for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow as detailed elsewhere in this submission.

(8) Escrow amounts over $5,000; conditions. Pursuant to N.J.S.A. 40:55D-53.1, whenever an amount of money in excess of $5,000 shall be deposited by an applicant in the Township for professional services employed by the Township to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provide for therein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow in an account bearing interest at the rate currently paid by the institution or depository on time or saving deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township at the time that the unexpended deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the Township shall retain for administrative expenses a sum equivalent to no more than 33 1/3 percent of that entire amount which shall be in lieu of all other administrative and custodial expenses.

(9) Accounting fees. In the event that any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Administrative Officer. Such additional amount as may be required for said accounting shall be paid to the Planning Board or Board of Adjustment prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for said account.

(10) Refunds. All escrow funds described herein shall be utilized by the appropriate Board to pay the cost of any technical and/or professional services incurred by the Board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 180 days after the final determination by the appropriate Board with respect to such application. No amount shall be refunded prior to certification by the Board Secretary that said application has been finally determined and is in compliance with all Board approvals.

(11) Rules and regulations. Pursuant to Municipal Charter, the Township shall promulgate rules and regulations for the administration of all processing of the provisions of these escrow deposit regulations in compliance with all applicable Township ordinances and State laws.

I. The application charge is a flat fee to cover direct administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, legal, planning and other expenses connected with the review of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.

J. Where one application for development includes several approved requests, the sum of the individual required fees shall be paid.

K. Each applicant for subdivision or site plan approval shall agree in writing to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree in writing to pay all reasonable costs for the municipal inspection of the constructed improvements. All such costs for review and inspection must be paid before any construction permit is issued and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.

L. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the municipality shall be at the expense of the applicant who shall arrange for the reporter's attendance.

M. The municipality shall make all of the payments to professionals for services rendered to the municipality for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The escrow deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the municipality shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the municipality, the charge to the deposit shall not exceed 200 percent of the sum of the product resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.

N. If an applicant refuses to pay any outstanding and reasonable costs incurred in the review of an application, regardless of the Board's determination, the Township will place a lien on said property associated with the application.

§ 150-11 Filing of Ordinances and Regulations.

A. The Development Ordinance, or any revision or amendment thereto, shall not take effect until a copy thereof shall be filed with the County Planning Board. The Secretary of the County Planning Board shall, within 10 days of the date of receipt of a written notice for copies of any such ordinance, make such available to the party so requesting with said Secretary's certification that said copies are true and that all filed amendments are included. A reasonable charge may be made by the County Planning Board for said copies.

B. The Official Map of the municipality shall not take effect until filed with the County Recording Officer.

C. Copies of all development regulations, and any revisions or amendments thereto, shall be filed and maintained in the office of the Municipal Clerk.

D. A protest against any proposed amendment or revision of a zoning ordinance or zoning map may be filed with either the Municipal Clerk, signed by the owners of 20 percent or more of the area either of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality.

§ 150-12 Application Procedures.

A. An application for development is required for all development as defined in this chapter. No permit shall be issued until approval has been given by the municipal agency for those applications requiring approval.

B. Development applications involving requests for a site plan approval, conditional use, subdivision and/or variance from the standards of the zoning regulations may be submitted for simultaneous review by the municipal agency.

C. All development applications shall be submitted to the Administrative Officer for referral to the proper municipal agency. All applications shall conform to the requirements included in the submission checklists found in this article. Requests for waiver of any of the requirements of the submission checklists shall be submitted to the Administrative Officer for referral to the proper approving board.

D. All development applications shall conform to the following submission checklist requirements according to the type of approval being sought:

(1) Application to vary or modify the provisions of this chapter for single-family/two-family dwellings shall include:

(a) Four copies of completed application.

(b) One denial of building permit (recommended).

(c) One Tax Map, including subject property.

(d) One certification that all taxes on the property have been paid and that there are no outstanding assessments for local improvements.

(e) List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

(f) Two sets of photographs showing the following views; front of subject property; rear of subject property; and opposite side of the street.

(g) Ten sets of a survey, which indicates all existing and proposed buildings and structures with all front, side and rear yard dimensions, together with prevailing setback in the area.

(h) Five sets of building plans, either bearing the seal of a licensed architect in the State of New Jersey or certified as having been prepared by the homeowner for his own use and occupancy. (Note: All two-and three-family dwellings shall require an architect's certification.)

(i) Fee as required by this chapter.

(2) Application to vary or modify the provisions of this chapter or, for direction pursuant § 150-9I(6) to this chapter (multifamily, commercial and industrial uses).

(a) Four copies of completed application.

(b) One denial of building permit (recommended).

(c) One Tax Map including subject property.

(d) (Reserved)

(e) List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

(f) Two sets of photographs showing the following views: front of subject property; rear of subject property; and opposite side of the street.

(g) *Twelve copies of a current survey prepared by a licensed surveyor of the State of New Jersey and/or professional engineer, including all existing and proposed buildings and structures with all front, side and rear yard dimensions, existing and proposed pavement, parking and loading areas, outdoor storage areas (if applicable), refuse storage areas and method of screening, on-site lighting, proposed or existing freestanding signs, method of controlling stormwater drainage and landscaping.

(h) *Twelve copies of floor plans and building elevations prepared by a licensed architect of the State of New Jersey.

(i) Fee as required by this chapter.

*NOTE: Not applicable where simultaneous site plan submission is made.

(3) Application for conditional use permit.

(a) *Twelve sets of plans providing all details required in this chapter relative to the specific conditional use, and including a current survey showing all existing and proposed buildings and structures with all front, side and rear yard dimensions; pavement; parking and loading areas; outdoor storage areas; refuse storage areas and method of screening; on-site lighting; freestanding signs; landscaping; fencing; method of controlling stormwater and drainage (NOTE: Surveys shall be prepared by a New Jersey licensed land surveyor. Improvements to or adjacent to the site shall be prepared by a New Jersey licensed professional engineer or architect.); and floor plans and building elevations, prepared by a New Jersey licensed architect.

(b) Four copies of completed application for conditional use permit.

(c) List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

(d) Statement as to status of other required approvals (municipal, County, State, Federal, other).

(e) One denial of a building permit (recommended).

(f) One Tax Map of the area.

(g) Two sets of photographs showing the following views; front of subject property; rear of subject property; and opposite side of the street.

(h) Fee as required by this chapter.

(i) Other applications for development for simultaneous review and approval.

*NOTE: If simultaneous review of application for site plan approval is involved, details required in this chapter relative to the specific conditional use shall be included in the site plan submission.

(4) Application for minor site plan, preliminary major site plan and final major site plan.

(a) Twelve prints of site plan prepared in accordance with this chapter.

(b) Four copies of completed application for site plan approval.

(c) List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

(d) Statement as to status of other required approvals (municipal, County, State, Federal, other).

(e) One Tax Map of the area.

(f) Fee as required by this chapter.

(g) Green Buildings Checklist.

[Added 9-15-2009 by Ord. No. 09-70]

(h) Other applications for development for simultaneous review and approval.

(5) Application for minor subdivision.

(a) Ten prints of sketch plat prepared in accordance with this chapter.

(b) Four copies of completed application for minor subdivision.

(c) List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

(d) Statement as to status of other required approvals (municipal, County, State, Federal, other).

(e) One Tax Map of the area.

(f) Fee as required by this chapter.

(6) Application for major subdivision.

(a) Classification of sketch plat (optional).

[1] Four copies of completed application for classification.

[2] List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

[3] Statement as to status of other required approvals (municipal, County, State, Federal or other, if applicable).

[4] Ten prints of sketch plat prepared in accordance with this chapter.

[5] Fee as required by this chapter.

[6] One Tax Map of the area.

[7] Other applications for development for simultaneous review and approval.

(b) Preliminary approval of major subdivision.

[1] Four copies of completed application for preliminary approval of major subdivision.

[2] List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

[3] Statement as to status of other required approvals (municipal, County, State, Federal or other, if applicable).

[4] Twelve prints of preliminary plat prepared in accordance with this chapter.

[5] Fee as required by this chapter.

[6] One Tax Map of the area.

[7] Other applications for development for simultaneous review and approval.

[8] Green Buildings Checklist

[Added 9-15-2009 by Ord. No. 09-70]

(c) Final approval of major subdivision.

[1] Four copies of completed application for final approval of major subdivision.

[2] List of names and addresses of persons having 10 percent interest or more in the corporation or partnership (if applicable).

[3] Statement as to status of other required approvals (municipal, County, State, Federal or other, if applicable).

[4] Final plat prepared in accordance with this chapter; 10 paper prints; two translucent tracings; and three cloth prints.

[5] Certification by the Municipal Engineer that the developer has complied with conditions of preliminary approval is required by this chapter.

E. An application for development shall be complete for purposes of commencing the applicable time period for action by an approving Board when so certified by the approving Board or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the applicant shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

F. County Planning Board review and approval or waiver of site plans and subdivisions for any property having frontage on a County road shall be required for commercial, industrial or multifamily structures or any land development for the above uses that requires off-street parking or produces surface runoff, directly on or indirectly, to a County road or any application under the jurisdiction of County Planning Act. The municipal agency shall condition any approval that it grants upon timely receipt of a favorable report or approval by the County Planning Board's failure to report thereon within 30 days.

G. No application for multifamily residential development for which the applicant has indicated that the dwelling units shall be offered for sale in response to this chapter shall be changed to permit that the dwelling units be offered for rent.

H. A corporation or partnership applying to the Planning Board of Board of Adjustment or to the governing body for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10 percent of its stock of any class or at least 10 percent of the interest in the partnership, as the case may be. If a corporation or partnership owns 10 percent or more of the stock of a corporation or 10 percent or greater interest in a partnership, subject to disclosure pursuant to this subsection, that corporation or partnership shall list the names and addresses of its stockholders holding 10 percent or more of its stock or 10 percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10 percent-ownership criterion established in this chapter have been listed. No Planning Board, Board of Adjustment and governing body shall not approve the application of any corporation or partnership which does not comply with this chapter. Any corporation or partnership, which conceals the names of the stockholders owning 10 percent or more of its stock or of the individual partners owning a 10 percent or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000, which shall be recovered in the name of the municipality in the Municipal Court in any court of record in the State in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.)

I. Technical Review Committee

(1) Establishment. There is established a Technical Review Committee (TRC) which shall review all major applications for development presented to the Planning Board or Zoning Board of Adjustment pertaining to a minor/major site plans and minor/major subdivision, which may include conditional use applications. The TRC shall consist of the administrative officer, the Planning Board and Zoning Board's, engineering and planning consultants and Director of the Redevelopment Agency.

(2) Organization. The Technical Review Committee may employ, or contract for, and fix the compensation of consultant experts and other staff and services as it may deem necessary, the cost for which shall be borne by applicants and paid for out of the escrow account established pursuant to Township ordinance.

(3) Powers and duties. The Technical Review Committee shall have the power to:

(a) Determine the completeness of all applications presented before it in accordance with provisions of the land development regulations of the Township.

(b) Determine the compliance of all major applications presented before it in accordance with the provisions of this chapter.

(c) Review, comment on and make recommendations to the applicable reviewing board by the professional staff with regard to the design and technical aspects of all applications presented before it.

(d) The professional staff shall make recommendations to the applicable reviewing board, where appropriate, for action to be taken regarding the waiver of particular technical requirements or imposition of design standards.

(e) Review and comment on such other matters as may be requested by the Planning Board or Zoning Board of Adjustment.

(4) Application submission and review procedure.

(a) The Technical Review Committee, in accordance with the provisions of Subsection I (3) of this section, shall review all development applications presented to it.

(b) The Technical Review Committee will review applications based on the date they receive a completed application. The Technical Review Committee will schedule a meeting to review an application on or about the 28th day following the receipt of said application. A preliminary assessment will be conducted prior to the scheduled review meeting after which the Technical Review Committee will: return the application to the applicant if there are major deficiencies which make the application incomplete; advise the applicant of revisions or supplemental information required to make the application complete; allow the application to proceed on the scheduled meeting date. If revisions or modifications are required, the applicant will be advised of the scheduled Technical Review Committee meeting date. Applicant must have all revisions or supplements to the Technical Review Committee not less than 10 days prior to said meeting in order for said application to be deemed complete and considered at the meeting. All timeframes set forth herein for submissions by applicants shall be deemed time of the essence for purposes of compliance.

(c) No application for development shall be scheduled for review by the Planning Board or Board of Adjustment until such time as the Technical Review Committee has deemed it complete and has certified that the applicant has complied with all of the provisions of the land development regulations of the Township. Waiver of the above may only occur in the event that the Technical Review Committee determines that any particular recommendation(s) and/or requirement(s) cannot be addressed prior to a public hearing by the appropriate reviewing board.

§ 150-13 Simultaneous Review and Approval.

The approving board shall have the power to review and approve or deny conditional uses, site plans and subdivisions and to grant zoning variances simultaneously without the developer's being required to make further application to the approving board or the approving board's being required to hold further hearings. The longest time period for action by the municipal agency, whether it is for subdivision, conditional use, site plan approval or zoning variance, shall apply. Whenever approval of a conditional use, site plan, subdivision or zoning variance is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the requests for each.

§ 150-14 Time Limit for Decision and Effect.

A. Board of Adjustment.

(1) The Board of Adjustment shall render a decision not later than 120 days after the date of submission of a complete application for development on those matters over which the Board has the power to decide.

(2) Failure of the Board to render a decision within a 120 day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. A certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

B. Planning Board in Lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 150-8I(6) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the Middlesex County Recording Officer for purposes of filing subdivision plats.

C. Planning Board.

(1) Minor subdivisions or minor site plans.

(a) It is required that a developer submit minor subdivisions or minor site plans for approval in accordance with the standards of this chapter.

(b) Minor subdivision or minor site plan approval shall be deemed to be final approval of the subdivision or site plan by the municipal agency, provided that the municipal agency may condition such approval on terms ensuring the provisions of certain improvements permitted by law.

(c) Minor subdivision or minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute minor subdivision or minor site plan approval, and a certificate of the Administrative Officer as to the failure of the municipal agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plants or by the Municipal Engineer for purposes of filing minor site plans.

(d) Approval of a minor subdivision shall expire 190 days from the date on which resolution of municipal approval is adopted, unless within such period a plat in conformity with such approval and with the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the municipal agency. In reviewing the application for development for a proposed minor subdivision, the municipal agency may be permitted to accept a plat not in conformity with the Map Filing Law, provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Law.

[1] The Planning Board may extend the 190 day period for filing a minor subdivision plat or deed 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 the extension either before or after what would otherwise be the expiration date.

[2] 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 that last legally required approval from other governmental entities, whichever occurs later.

(e) Approval of a minor site plan shall run with the subject property. The protection of the variances granted shall expire after two years after the date of minor site plan approval.

[1] The Planning Board shall grant an extension of the two-year period 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 approvals. A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally required approvals from the governmental entities, whichever occurs later.

(f) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval or minor site plan approval was granted shall not be changed for a period of two years after the date on which the resolution of approval is adopted, provided that an approved minor subdivision shall have been duly recorded as provided in this section.

(g) Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(2) Conditional uses.

(a) Applicants shall be required to submit a development application pursuant to this chapter for conditional uses.

(b) The municipal agency shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer or within such further time as may be consented to by the applicant.

(c) The review of the municipal agency of a conditional use shall include any required site plan review pursuant to this chapter. The time period for action by the municipal agency on conditional uses shall apply to such site plan review. Failure of the municipal agency to act within the period prescribed shall constitute approval of this application, and a certificate of the Administrative Officer as to the failure of the municipal agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats, if involved.

(d) Conditional use approval shall be deemed to be final approval by the municipal agency, provided that the municipal agency may condition such approval on terms ensuring the provisions of certain improvements permitted by law.

(3) Major site plans and major subdivisions.

(a) Preliminary approval.

[1] It is required that the developer submit a site plan or subdivision plan in accordance with the standards of this chapter and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan or subdivision approval have been met. The plans and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. Architectural plans are required to be submitted for approval, and preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.

[2] If the municipal agency required any substantial amendment in the layout of improvements proposed by the developer that has been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The municipal agency shall, if the proposed development complies with this chapter, grant preliminary plan approval.

[3] Upon submission to the Administrative Officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

[4] Upon the submission of a complete application for a subdivision of 10 or fewer lots, the municipal agency shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the municipal agency shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented by the developer. Otherwise, the municipal agency shall be deemed to have granted preliminary approval to the subdivision.

(b) Effect of preliminary approval.

[1] Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

[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 herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to the 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 subdivision plat or site plan, as the case may be.

[c] That the applicant may apply for and the municipal agency 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.

[2] In the case of a subdivision or site plan for an area of 50 acres or more, the municipal agency may grant the rights above for such period of time, longer than three years, as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the municipal agency may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

[3] 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 either before or after what would otherwise be the expiration date.

[4] 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 section shall not preclude the Planning Board from granting an extension pursuant to any other section.

(c) Prior to applying for final subdivision approval, the applicant shall furnish the Division of Engineering with a complete set of reproducible linens or Mylars of the preliminary plat and all other maps, incorporating all conditions and requirements for improvements as imposed by the municipal agency. An estimate of cost of all improvements for the Divisions' approval, together with an estimate of any damage of any existing accepted street or streets abutting the proposed development project which may be caused by reason of work performed in said development project shall also be submitted. This estimate must be signed and sealed by a licensed New Jersey professional engineer. The applicant shall also submit to the Township testing and inspection fees pursuant to this article. Electronic versions of the plans and cost estimates should also be submitted to the Division of Engineering.

(d) Grant or denial of final approval.

[1] The municipal agency shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval and the conditions of preliminary approval.

[2] Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute final approval, and a certificate of the Secretary as to the failure of the municipal agency to act shall be issued on the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

[3] As a condition of approval of a subdivision or site plan, a developer shall pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such payments shall be based on the standards of this chapter to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to final approval. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

[4] As a condition of final site plan approval, the applicant shall furnish the Division of Engineering with a complete set of reproducible linens or Mylars of the final site plan and all other maps, incorporating all conditions and improvements as imposed by the municipal agency(ies). An estimate of the cost of all improvements for the Division's approval shall be submitted, together with an estimate of any damage to any existing accepted street or streets abutting the proposed development project which may be caused by reason of work performed in said development projects. This estimate must be signed and sealed by a licensed New Jersey professional engineer. Plans and cost estimates for landscaping and any other requirement improvements not listed above shall also be submitted at this time. The applicant shall submit to the Township testing and inspection fees. The applicant must then execute an agreement in a form satisfactory to the Woodbridge Law Director in accordance with the requirements of this section.

[5] There shall be as a condition for any approval of any development by any municipal agency a provision which provides that all taxes on the property shall be paid current so that there are no outstanding taxes or assessments for local improvements against the property which is the subject of the approval before any permit may be issued for construction of any nature or any other type of action may be taken to give effect to the approval.

(e) Effect of final approval. Final approval shall confer upon the applicant the following rights:

[1] The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period required by this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the municipal agency may extend such period of protection for extensions for one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

[2] In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection C(3)(e)[1] of this section for such period of time, longer than 2 years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be development, (3) economic conditions and (4) the comprehensiveness of the development.

[3] 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.

[4] 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 that first legally required approval from the other governmental agencies, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to any other section.

§ 150-15 Exceptions from Approval Requirements.

The municipal agency, when acting upon applications for minor subdivision or preliminary site plan approvals, shall have the power to grant such exceptions from the requirements for subdivision and site plan approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this chapter, if the literal enforcement of one or more provisions of the ordinance is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 150-16 Guaranties Required; Surety; Release.

A. Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the applicant shall:

(1) Sign an agreement in a form satisfactory to the Woodbridge Township Council which provides for the furnishing of a performance guaranty in favor of the municipality in an amount not to exceed 120 percent of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in this chapter and N.J.S.A. 40:55D-53.4, for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewerage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

(2) Provide for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15 percent of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in this chapter and N.J.S.A. 40:55D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.

B. The municipality shall not require that a maintenance guaranty be in cash or that more than 10 percent of a performance guaranty be in cash. A developer may, however, provide, at his option, some or all of a maintenance guaranty in cash or more than 10 percent of a performance guaranty in cash.

C. The cost of the installation of improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements and determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.

D. The approving authority shall, for the purposes of this section, accept a performance guaranty or maintenance guaranty which is an irrevocable letter of credit if it:

(1) Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time.

(2) Is issued by a banking or savings institution authorized to do and doing business in this State.

(3) Is for a period of time of at least one year.

(4) Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

E. The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120 percent of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in this chapter and N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

F. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds, complete such improvements. Such completion of correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198, (N.J.S.A. 40A:11-1 et seq.)

G. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty, a list of all uncompleted or unsatisfactorily completed improvements.

(1) If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor.

(2) Thereupon, the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty.

(3) If the Municipal Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated period of time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

H. The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, or shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty.

(1) This resolution shall be adopted not later than 45 days after the receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution of the governing body, the obligor shall be released from all liability, pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion of correction of the improvements not yet approved, provided that 30 percent of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

(2) If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated period of time, approval of the complete and satisfactory improvement and approval of a reduction in the performance for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

I. In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

J. If any portion of the required improvements is rejected, the approving authority may require the obligor to compensate or correct such improvements, and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed.

K. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.

L. Reimbursement of Inspection Fees.

(1) The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection improvements, provided that the municipality may require of the developer a deposit for inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or five percent of the cost of improvements, which cost shall be determined pursuant to this chapter and N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the opinion of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50 percent of the reasonably anticipated fees. When the balance on deposit drops to 10 percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50 percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25 percent of the reasonable anticipated fees. When the balance on deposit drops to 10 percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25 percent of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds for those inspections are not on deposit.

M. In the event that final approval is by stages or sections of development, pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall be applied by stage or section.

§ 150-17 Filing of Plats.

A. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The municipal agency may, for good cause shown, extend the period for recording for an additional period of 190 days from the date of signing of the plat. The Planning Board may extend the 95-day or 190-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 entities 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.

B. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the municipal agency as indicated on the instrument by the signature of the Chairman and Secretary of the municipal agency or a certificate has been issued pursuant to this chapter. The signatures of the Chairman and Secretary of the municipal agency shall not be affixed until the developer has posted the guaranties required pursuant to this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records.

C. It shall be the duty of the County Recording Officer to notify the municipal agency in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

§ 150-18 Penalties; Civil Action.

A. Penalty for Selling Before Approval. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.

B. Suits. In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with this chapter.

C. Lien. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors and to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 150-19 Certificate of Approval.

A. Issuance; Contents; Fee.

(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding the effective date of this chapter, may apply in writing to the Administrative Officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the municipal agency. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Administrative Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

(a) Whether there exists in said municipality a duly established municipal agency and whether there is an ordinance controlling subdivision of land adopted under the authority of Chapter 291 of the Laws of New Jersey 1975.

(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the municipal agency and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision on which the lands are a part is a validly existing subdivision.

(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.

(2) A fee of $20 shall be charged for each certificate.

B. Right of Owner of Land Covered by Certificate.

(1) Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest, free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of this chapter.

(2) If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to this chapter. Any such application addressed to the Municipal Clerk shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the same extent as though the same were addressed to the designated official.

§ 150-20 Appeals.

A. Appeals to Zoning Board of Adjustment.

(1) An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Official/Construction Official based on or made in the enforcement of the zoning regulations. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the municipal agency all the papers constituting the record upon which the action appealed from was taken.

(a) The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that end shall have all the powers of the Zoning/Construction Official from whom the appeal is taken.

(b) An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

(2) A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Zoning Official/Construction Official.

B. Appeals to the Superior Court. All appeals from any final decisions to the Zoning Board of Adjustment shall be made to the Superior Court of New Jersey in accordance with applicable law.

§ 150-20.1 Fencing of Excavations on Construction Sites.

A. The property owner, as well as any builder and/or other entity responsible for the construction of any site whereby an excavation hole is dug as part of or in any way related to the construction, that the person or entity shall be required to erect a fence, in the maximum height allowable under the current Township Ordinances, encircling the excavation area in its entirety, once the Woodbridge Township Construction Code Official, or his designee, orders the person or entity to do so, in writing.

B. The discretion as to whether the Township will require the owner or entity of the construction site to erect any such fencing as well as the type of fencing are solely within the discretion of the Woodbridge Township Construction Code Official, or his designee, based upon his determination involving the circumstances of the site and the potential for risks of injury.

C. Once ordered to do so, the person responsible for construction or the owner of the site must erect the fencing within 24 hours of the order or be exposed to fines which can range up to $1,000 and/or six months of imprisonment. Said monetary fines are to be deemed to continue during each day of the violation.

D. This section shall not be interpreted to absolve the builder and/or owner of the premises of the strict responsibility to ensure that the construction site remains as safe in every respect as possible and that all safety rules and regulations as well as statutes and ordinances are complied with.

E. Enforcement of this section will not preclude the Township from pursuing any other remedy available to it under the law against the builder or property owner to enforce applicable laws and regulations.

§ 150-20.2 Replacement of Trees.

A. Purpose.

(1) It is the intent of this section to promote the general welfare of the people of the Township by providing for the protection, regulation and planting and cutting of trees in such a way as to protect and preserve the environment by conserving to the maximum extent possible the tree life in the Township. The Mayor and the Township Council find that the indiscriminate, uncontrolled and excessive destruction, removal, and cutting of trees upon lots and tracts of land within the Township has caused increased drainage control costs, increased soil erosion, increased buildup of atmospheric carbon and increased dust, tending to decrease the quality of life and to diminish property values in the Township.

(2) The adverse effects of uncontrolled tree removal affects the general health, safety, welfare, and well being of the residents of the Township as well as the integrity of the natural environment and processes upon which the residents of the Township depend.

(3) Therefore, it is in the public interest that an ordinance establishing conditions, standards and procedures for the removal and replacement of trees, and for the preservation of mature vegetation be enacted by the Township.

B. Findings.

(1) With an ever growing population in the Township, it is absolutely essential to our citizens to remove pollution from our air. It takes approximately 20 mature trees to clean the air of gases produced from vehicular traffic consuming five gallons of gasoline. Healthy trees greatly assist in the battle against air pollution since moist tree foliage traps dust and soot particles until the rain washes them away. Trees also consume carbon dioxide, a by-product of the combustion of organic fuel materials.

(2) Properly planted and nurtured trees are also needed to create sound barriers to help in the reduction of the noise level made by vehicular traffic, trains and ultimately the noise which will be created by the air traffic.

C. Definitions. As used in this section:

ADMINISTRATIVE OFFICER

The Director of Planning and Development, his designee.

AVERAGE WOODED ACRE

Shall be determined as follows:

(1) A selective inventory by size and species, of all trees having a D.B.H. of four inches or greater, shall be conducted using a minimum of 0.2 acre plots which shall be staked or visibly marked to allow for Township inspection.

(2) The location of the inventory plots shall be determined by the applicant subject to Township approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application.

(3) A representative five percent of the wooded acres proposed to be cleared shall be inventoried. The representative five percent shall be determined by agreement between the applicant, the agencies with jurisdiction including the Planning or Zoning Board, the Township Planner and the Administrative Officer. Where two acres or less are proposed to be cleared, a minimum of one-tenth acre shall be inventoried.

CLEAR CUTTING

The removal of all standing trees on a lot or portion of a lot.

DIAMETER AT BREAST HEIGHT (D.B.H.)

Diameter of tree measured at breast height, approximately four and one-half feet from the ground.

DRIP LINE

A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree but not less than eight feet from the trunk, whichever is greater.

PERSON

Any individual, firm, copartnership, association, corporation, limited liability company, limited liability partnership or developer, other than the Township.

PROFESSIONAL FORESTER

One who has a minimum of a Bachelor's of Science degree in forestry from a four-year college accredited by the Society of American Foresters.

RECOMMENDED TREE SPECIES

The species of trees acceptable for use in planting in the Township. A list of recommended trees species shall be maintained by the Township Planner and shall be reviewed and approved annually by the Planning Board. Species not shown on the list of comparable attributes may be approved for use as equivalent substitutes. Native tree species are preferred over non-native tree species for equivalent substitutes.

RECOMMENDED TREE SPECIES LIST

A list recommended trees species maintained by the Township Planner and reviewed and approved annually by the Planning Board.

REPLACEMENT TREE

A nursery grown certified tree, properly balled and burlapped and marked with a durable label indicating genus, species and variety, having a minimum caliper of two and one-half inches measured at D.B.H. A replacement tree shall be selected from the recommended tree species list.

SILVICULTURE

The management of any forested tract of land to ensure its continued survival and welfare whether for commercial or noncommercial purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.

SINGLE-FAMILY LOT

A lot upon which a dwelling unit exists, or an individual conforming, undeveloped single-family residential lot which has the potential to be developed as a single-family dwelling and is not part of a subdivision and which lot may not be further subdivided pursuant to municipal land use law and the Township land use regulations.

SLASH

The forest debris remaining after a tree removal operation.

SPECIMEN TREE

Any tree with a D.B.H. of 16 inches or greater.

STREET TREES

Parking lot landscaping trees, and landscaping surrounding a building or structure that were planted in connection with prior development shall not constitute a wooded area.

SUBDIVISION

Any tract of land which is hereafter subdivided into two or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.

TREE

Any deciduous or coniferous species which reaches a typical mature height of 10 feet or more. An individual tree for the purpose of this chapter has a D.B.H. of four inches or greater. A specimen with multiple trunks will be considered an individual tree with a D.B.H. of one-half of the sum of the diameters of the trunks.

TREE REPLACEMENT PLAN

A plan for replacement of removed trees in accordance with the provisions of this chapter.

WOODED AREA

Any natural cluster or clusters of trees and vegetative undergrowth. Street trees, parking lot landscaping trees, and landscaping surrounding a building or structure that were planted in connection with prior development shall not constitute a wooded area.

ZONING PERMIT

A permit to remove trees issued by the administrative officer after review and approval of application for removal and replacement of trees by those parties with jurisdiction.

D. Protection of Trees.

(1) Damage from electrical wires. Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them. The device or means used shall in every case be subject to the approval of the Township Engineer.

(2) Contact of trees with injurious chemicals. No person, firm or corporation shall permit any brine, gas or injurious chemical to come into contact with the stem or roots of any tree or shrub upon a public highway, street or road or upon Township property.

E. Removal of Trees.

(1) Permission required for certain acts.

(a) No person shall do or cause to be done upon trees, in any right-of-way, public street, road or highway within the Township without first obtaining a permit from the Township in accordance with Chapter 25 of the Woodbridge Township Code:

[1] Cut, trim break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree five inches or more D.B.H. or remove any device installed to support or protect such trees;

[2] Plant any tree;

[3] Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub;

[4] Close or obstruct any open space provided at the base of a tree which open space is necessary to permit the access of air, water or fertilizer to the roots of such tree;

[5] Pile, heap or store any building material, soil, debris or any other matter or make any mortar or cement within a distance of six feet of a tree.

(2) During the period of construction or repair of any building or structure or in the construction or repair of a street, road, and highway not yet dedicated to the Township, the owner thereof or the contractor shall take every precaution to place guards around all nearby trees on Township land or within public rights-of-way so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such guards or guardrails and failure to make adequate provision for the protection of the trees shall subject the owner and builder to a penalty as hereinafter provided.

(3) Trees on Public Highways. Where a person desires to control the growth of trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall apply for approval to the Township, according to Chapter 25 of the Township Code and shall outline the work to be performed. If the applicant fails to comply with Chapter 25 of the Township Code, the applicant shall be subject to the penalties provided in Chapter 1 of the Township Code.

(4) Destruction of trees. No person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in this chapter or according to Chapter 25 of the Township Code, if the tree is located in the Township right-of-way.

(5) Clear-cutting.

(a) There shall be no clear-cutting permitted on slopes of ten percent or greater in grade; however, selective removal in accordance with a tree replacement plan may be permitted.

(b) There shall be no clear-cutting permitted within major or minor subdivisions.

F. Exemptions.

(1) Exemptions from tree replacement. The following activities are exempt from the tree replacement element of this chapter:

(a) Commercial nurseries and fruit orchard, garden centers and Christmas tree plantations, in current operation. Such enterprises which commence after the effective date of the chapter shall be exempt from the requirements of this chapter after five years of operation;

(b) Properties used for the practice of silviculture where a plan approved by the New Jersey Bureau of Forestry is on file with the administrative officer;

(c) Cutting, pruning and removal of trees in public or utility rights-of-way and easements by utility companies and agencies having jurisdictions over the respective utility in accordance with Chapter 25 of the Township Code;

(d) Removal of trees which are dead, dying or diseased or trees which have suffered severe damage. Any tree whose angle of growth makes it a hazard to structure or human life;

(e) Any tree on a single-family lot as previously defined, provided, however, that this exemption shall not apply to any tree removal in conjunction with the construction of a new single home or a substantial addition (more than 50 percent increase in size) to an existing single-family home; it being understood, however, that under no circumstances may more than 25 percent of the existing tree cover be removed without compliance with the terms of this chapter.

(f) Approved game management practice, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

(g) Any trees removed pursuant to either a New Jersey Department of Environmental Protection ("NJDEP") or Environmental Protection Agency ("EPA") approved environmental clean-up or an NJDEP approved woodlands management plan.

(h) Where no trees are being removed, no application need be submitted. A signed and sealed letter from applicant's engineer certifying that no trees are being removed shall suffice.

(2) Application. Notwithstanding any exemption to the replacement requirements of this chapter, an application for the harvest of timber and/or silviculture, shall be based upon and in accordance with the standards and recommendations of the New Jersey State Bureau of Forestry pertaining to the type of tree removal project proposed.

G. Zoning Permit.

(1) Procedure for obtaining a zoning permit when approval from Zoning Board of Adjustment or Planning Board is not required.

(a) For the removal of trees (i) not in conjunction with an application for development of property involving minor or major subdivision or site plan, (ii) where the approval of the Planning Board or Zoning Board of Adjustment is not required, or (iii) on any single-family lot not meeting the exemption criteria under Subsection F. above, an application for obtaining a zoning permit in a form to be established shall be submitted in duplicate to the administrative officer providing the following information:

[1] Street address of property with block and lot;

[2] Name of owner of property, name of occupant of premises;

[3] Size of the tract;

[4] List identifying the number of trees by species with a D.B.H. greater than four inches to be removed. For lots one acre or greater the number of trees to be removed as a percentage of total trees on the tract;

[5] Name of person or company to do removal or replacement;

[6] Reason for the removal;

[7] Plot plan at any scale between: one inch equals one foot through one inch equals 100 feet; showing the location of all trees and the trees to be removed;

[8] Replacement plan in accordance with this section including the location on plot plan where trees will be replaced;

[9] Indicate whether the subject property has been part of a development application submitted to the Planning Board or Zoning Board of Adjustment. If it has, indicate the decision of the respective board and provide a copy of the resolution and plans.

(b) The Administrative Officer shall review the submitted information and determine what effect the proposed tree removal will have on the subject property. The Administrative Officer shall forward a copy of the application for obtaining a zoning permit to the Department of Planning who shall certify that the information contained in the application is accurate. If the proposed removal does not violate the below listed criteria, a zoning permit, in a form to be established, shall be issued by the Administrative Officer. If the proposed tree removal does violate one of the below listed criteria, the matter shall be referred to the review board which had or would have jurisdiction.

(c) The Administrative Officer shall have 45 days to deem an application for zoning permit complete. Once the application is deemed complete, the Administrative Officer shall have 45 days to render a decision of approval or denial, as otherwise set forth in the Municipal Land Use Law.

(d) A zoning permit issued by the administrative officer under this subsection shall be valid for one year from the date of issuance. It shall be displayed or available for inspection at the site where tree removal and replacements are to take place. Any person may examine an application for zoning permit on file with the Administrative Officer upon request made in writing or in person to that officer.

(e) Tree removal criteria.

[1] The tree removed is not located within a buffer area as required by the zoning ordinance for the zoning district in which the property in question is located;

[2] The tree to be removed is not located within a tree save area or buffer area as delineated and/or specified on a previously approved site plan or subdivision plan for the property in question;

[3] The tree to be removed was not required to be planted by a previously approved application and/or landscape plan to provide screening or buffering for a building or structure located on the property in question or on an adjacent parcel of land.

(2) Procedure for obtaining zoning permit when approval from zoning or planning board is required.

(a) For the removal of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, or in any other form of development where the approval of the Planning Board or Board of Adjustment will be required, the applicant shall submit to the Board simultaneously with the application for approval of such development in a form and manner which complies with the Township land use regulations.

[1] A tree replacement plan consisting of a map having a scale of one inch equals 50 feet or less showing the location of existing wooded areas and clearly marked boundaries of the plots used to determine the average wooded acre for the site. The map shall be prepared by a professional licensed in the State of New Jersey and authorized pursuant to law to submit such plans. The map or site plan shall also show:

[a] Location of streams and watercourses;

[b] Locations of slopes greater than 10 percent where any tree removal is proposed;

[c] Total acreage of the tract;

[d] Locations on the tract where tree removal is to take place;

[e] The location of each one-tenth acre plot used to determine the average wooded acre as defined above;

[f] For each plot inventoried to determine the average wooded acre, the application shall provide a list identifying the species of tree, the number of trees of each species and the side of each individual tree in that plot;

[g] The total number by species of existing trees with a D.B.H. of four inches or greater on the tract;

[h] The total number by species of trees with a D.B.H. of four inches or greater, which are to be removed;

[i] For tracts greater than two acres, the applicant may make an estimate of the total quantity of trees by species, based upon the inventory of one-tenth acre plots. For tracts less than two acres or where less than two acres are proposed to be cleared, the number and species of trees to be removed shall be based on actual count;

[j] All trees with a D.B.H. of 16 inches or greater shall be specifically identified by location on the map and listed on a separate schedule showing species and common name and size. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways and buildings.

[k] A specific replacement plan for the replanting of removed trees in accordance with this section;

[l] Where individual lots are to be created by the application, individual plot plans shall be prepared showing the location of trees to be removed and replaced.

(b) The Planning Board or the Zoning Board shall forward the proposed tree removal plan to the Department of Planning for review and comment by its Board professionals. The Department of Planning shall certify that the plan is accurate and so advise the Planning Board or Zoning Board.

(c) A copy of the signed resolution of approval and a copy of the fully executed site plan or subdivision indicating all conditions of approval have been met shall be submitted to the administrative officer before a zoning permit shall be issued.

(d) The zoning permit issued by the administrative officer shall be valid so long as the approved application is valid. The removal or damage to trees not approved for removal shall be considered a violation of this chapter.

(e) Any substantial change in a tree removal and replacement plan shall necessitate the submission of a revised plan to the appropriate board for review.

(f) The zoning permit issued by the administrative officer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the zoning permit at the site of removal shall be a violation of this chapter. Any person may examine the application for zoning permit on file with the Administrative Officer upon request made in writing or in person to that office. Copies of the application submission shall be made available at the usual charge.

(g) Prior to the issuance of a building permit by the Construction Official, the developer shall designate on all relevant lots, the trees to be retained which designation shall be based upon the zoning permit.

(h) Prior to the issuance of the certificate of occupancy, the Construction Official shall receive a release from the administrative officer or his or her designee that all trees to be retained and all trees to be replaced under the zoning permit are in fact in existence and that all debris (slash) generated as a result of these activities has been removed.

H. Replacement Requirements.

(1) Replacement formulas. For all replacement requirements, the following formulas shall apply, except for trees in the Township right-of-way, which shall be in accordance with Chapter 25 of the Township Code:

(a) For trees with a D.B.H. equal to or greater than four inches and less than 16 inches, replacement shall be based upon the percentage of the trees removed as set forth below:

Percentage of Trees Removed from Entire Development to Be Replaced with Trees of Min. Size 2.5" Caliper	Percentage of Trees
80—100	80
60—79	60
40—59	40
20—39	20
Less than 20	10

(b) For trees with a D.B.H. equal to or greater than 16 inches, the removed tree shall be replaced:

Existing Tree to Be Removed (min. size 2.5" caliper)	Number of Replacement Trees
Less than 18	3
Less than 21	4
Less than 24	5
Less than 27	6
Less than 29	7
Less than 31	8
Less than 33	9
Less than 35	10
Less than 37	11
Less than 39	12
Less than 40	13
Less than 41	14
41 inches or greater	15

(c) The species or type of replacement tree and the mix of replacement tree types (deciduous, coniferous) shall be selected from the species removed from the tract under consideration or from the recommended tree species list.

(d) On parcels to be developed where less than 10 percent of the site is wooded area, in addition to any trees that must be replaced or provided under this chapter, there shall be required the addition of one tree for every 1,000 square feet of new or reconstructed impervious coverage. Trees incorporated in a landscaping plan or required for rights-of-way may not be credited toward this requirement.

(e) The applicant may provide replacement trees of a caliper size larger than two and one-half inches and receive tree replacement credit on a tree replacement plan as set forth below:

Size of Tree Value	Replacement Value
Minimum 2.5" caliper	1.00
Minimum 3.0" caliper	1.25
Minimum 3.5" caliper	2.00
Minimum 4.0" caliper	3.00

For example, if two and one-half inches replacement trees are required, the applicant may provide any one of the following combinations of trees:

Twelve (12) trees of minimum 2.5" caliper: [12 trees x 1.00 (replacement value) = 12 trees]

Ten (10) trees of minimum 3.0" caliper: [10 trees x 1.25 (replacement value) = 12.5 trees]

Six (6) trees of minimum 3.5" caliper: [6 trees x 2.0 (replacement value) = 12 trees]

Four (4) trees of minimum 4.0" caliper: [4 trees x 3.00 (replacement value) = 12 trees]

Further, the applicant may provide coniferous evergreen replacement trees of a height between six feet to ten (6 to 10) feet and/or dark arborvitae replacement trees of a height between eight to twelve (8 to 12) feet and receive a one for one tree replacement credit on a tree replacement plan.

I. Shade Tree Requirements.

(1) Street and parking area trees (shade trees).

(a) In addition to the trees required to be replaced by this chapter, there shall be planted one shade tree for every 50 feet of frontage on proposed right-of-way in accordance with Chapter 25 of the Township Code.

(b) Where development includes the construction of off-street parking for 10 vehicles or more, shade trees shall be planted around the perimeter of the parking space in accordance with the standard in Subsection I(1)(a) above.

(c) The types and locations of shade trees to be planted shall be shown in the plans submitted to the Planning Board or Zoning Board of Adjustment in conjunction with the application for development.

J. On-Site Replacement Waivers.

(1) Waivers.

(a) All required replacement trees shall be planted on the site from which trees were removed. A waiver from any portion or all of the required-on-site replacement shall be granted by the review board having jurisdiction, if the applicant has adequately demonstrated to the review Board that practical physical difficulties associated with the subject property that were not caused by the applicant and/or undue hardship related to the unique conditions of the site from which trees are to be removed preclude strict compliance with this chapter. The comments and recommendations of the review board's professional planner shall be solicited in determining whether the requested waiver is appropriate.

(2) In lieu of replanting trees on the removal site, the applicant shall have the option of planting replacement trees of type(s) selected by the Administrative Officer from the recommended tree species list at an off-site location chosen by the Board having jurisdiction in consultation with the Environmental Commission. Such off-site locations shall be public property and rights-of-way, including, but not limited to public parks, public schools and public buildings.

(3) For those excess trees that cannot be planted on the site, the applicant may make a contribution to be deposited in the Township's tree fund escrow as established by this chapter. The contribution, in lieu of planting of trees, shall be three hundred fifty ($350.00) dollars per tree. Applicants shall demonstrate their ability to plant as many trees on the site as reasonably practicable as determined by the review Board's professional planner. After a showing that the applicant can place no additional plantings on the site, the remainder shall be available for contribution in lieu of such plantings, subject to the recommendation of the review Board's professional planner.

K. Bonding for Replacement Trees.

(1) Bond requirements. The applicant shall post a bond covering 15 percent of the cost of the tree replacement plan, including all labor costs, prior to the final engineering approval for the release of the performance guarantees, if any. The bond shall be held for two growing seasons after the cessation of construction or land disturbance on the site. Funds shall be used to replace trees which die or are damaged during this two-year growing season period in the event that the applicant fails in his, her or its duty to replace trees. If the Township replaces trees under this provision, all administrative fees to cover the Township's costs including the cost of replacement trees, labor, and materials shall be deducted from any amount of funds to be returned to the applicant. Any unused funds shall be returned to the applicant at the end of the two-year period.

L. Tree Fund.

(1) There shall be established by this chapter a Township Tree Fund for the purposes set forth in this chapter.

(2) All funds collected as contribution in lieu of replanting trees shall be made out to the "Woodbridge Township Tree Fund" and deposited into an escrow account clearly designated as the "Woodbridge Township Tree Fund." Funds so deposited shall be used solely for the following purposes:

(a) Park improvements, including landscape improvements, retaining walls, landscape irrigation systems, park benches, bollards, landscape lighting, site lighting (excluding sport event lighting) pathways and playground equipment; provided, however, that at no time shall more than 30 percent of the outstanding account balance on an annual basis be utilized for such park improvements; and

(b) The planting of trees or other landscaping in public parks, property surrounding public buildings and rights-of-way.

(3) The Woodbridge Township Tree Fund shall be administered by the Director of Finance. The Director of Finance shall report (listing by date for the report period) to the Township Council, the Planning Board, and the Environmental Commission, on a quarterly basis, the amount in the Fund as of the end of each quarter, the amount deposited by each development application or other contribution, and all amounts dedicated from the Fund for use for the purposes described in this section for that period. Such reports for any period shall be filed with the Township Clerk and made available as a public record to residents who request them in writing pursuant to the Open Public Records Act.

(4) Any and all appropriations from the Woodbridge Township Tree Fund shall be made by the Township Council of the Township of Woodbridge.

M. Tree Planting and Preservation Standards.

(1) Standards established.

(a) No soil shall be deposited or removed within the drip line or within eight feet, whichever is greater, of any existing tree trunk. No machinery or materials shall be sorted, deposited, cleaned or operated within the drip line or within eight feet, whichever is greater of any existing trunk.

(b) Drip lines of specimen trees and isolated groupings of trees which are to remain on site shall be clearly protected by snow fencing.

(c) The grade of the land located along the drip line shall not be raised or lowered more than six inches unless compensated for by welling or retaining methods and in no event shall the welling or retaining wall methods be less than eight feet from the trunk of the tree.

(d) All debris created during tree removal and replacement shall be removed from the site for disposal before any certificate of occupancy shall be issued.

(e) Where clearing and construction on the site results in accidental removal or severe damage, which will eventually result in earth and removal, of any tree delineated in the replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a one for one basis by trees two and one-half inch caliper if the damaged tree is between two and one-half and 16 inches D.B.H. If the damaged tree is greater than 16 inches D.B.H., replacement shall be as set forth in Subsection H. of this section.

(f) Planting.

[1] In general, excavation for planting shall be large enough to accommodate the natural spread of the root system and at least six inches deeper and two feet wider than the ball of earth supplied with the tree. The pit shall be rock free and refilled with seven parts topsoil and one part humus and the parent soil disposed of properly. Hardpan shall be loosened an additional 12 inches from the bottom and side of the pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three inches of approved mulch immediately after planting.

[2] Trees shall be staked and guyed immediately after planting. A minimum of two stakes shall be driven outside of the excavation of the root ball. Stakes shall be of cedar or oak, eight feet long, no less than two inches in diameter. Trees shall be guyed to the stakes using No. 10 wire covered with rubber hose or equal. The wire shall be attached to the stake in such a manner that it will not slip or come into contact with the tree trunk. The trunk of the tree shall be protected with tree wrap.

N. Fees.

(1) There shall be a $25 fee for applications under this subsection for tree removal from any single-family residential lot.

(2) Where the applicant is seeking a zoning permit and replacement plan approval for any other property, the application fee shall be $200 in addition to all other fees required by the Township of Woodbridge land use and development regulations.

O. Violations; Penalties.

(1) Each tree cut, damaged or destroyed in violation of this chapter shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this chapter shall be liable to the penalty stated in the land use and development regulations.

(2) In addition, the Township may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this chapter. The Township may also require the replacement of illegally removed trees with trees of similar species or appropriate contribution for same as set forth in other sections of this chapter.

(3) The Township Council through the Administrative Officer of the Township may revoke a zoning permit where there has been a false or misleading application or there is noncompliance with the approved tree removal and replacement plan.