[Ord. No. 11-1326; amended 12-3-2024 by Ord. No. 2024-1518]
Any applicant to the Planning Board or the Zoning Board of Adjustment shall pay the following to the Borough of Tinton Falls at the time of application.
A. 
Fee Categories.
1. 
An initial application fee to defray the administrative costs of the Planning and Zoning Offices. (See Schedule G— Borough of Tinton Falls Planning and Zoning Board Fee Schedule.)
Editor's Note: Schedule G is included as an attachment to this chapter.
2. 
Escrow moneys to be deposited to pay the cost of any professional fees incurred for the review of a submission for development. Said escrow moneys shall be placed in an escrow account pursuant to Section 40-8, Escrow Deposits. Additional deposits will be required to be paid into the escrow account in order to cover additional professional review and services in the event the initial escrow deposit has been reduced to an insufficient amount to cover anticipated costs. (See Schedule G— Borough of Tinton Falls Planning and Zoning Board Fee Schedule).
Editor's Note: Schedule G is included as an attachment to this chapter.
3. 
Professional review fees not covered under Escrow Fee Deposits including any and all professional review fees incurred by the Planning Board and the Zoning Board of Adjustment during the application process and attendance of the Attorney, Engineer and Planner at regular and work session meetings.
4. 
Any and all professional review fees incurred by the Planning Board or the Zoning Board of Adjustment during the application process.
5. 
Upon the written request of an applicant, the administrative officer shall, within seven days, make and certify from the current tax duplicates a list of the names and addresses of owners to whom the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12(b). 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 in which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12(h). The applicant shall be entitled to rely upon the information contained in such list, and the failure to give notice to any owner or to any public utility, cable television company or local utility not on the list shall not invalidate any hearing or proceeding. The fee for said list shall be $10 or $0.25 per name, whichever is greater.
B. 
Amount of Application Fees. No application shall be deemed complete or proceed before the Board, or receive final action on the application, until all fees are paid and the required escrow deposits (see Section 40-8) are received by the Borough and posted with the Department of Finance. With any application fee amounts over $5,000, the Borough reserves the right to retain 33 1/3% of the interest accrued for administrative costs; the balance of the interest shall be paid to the applicant. Escrow moneys that are not allocated for the above will be returned as soon as possible after completion of the application upon written request by the applicant and after payment of all final bills for professional services rendered. See Schedule G- Borough of Tinton Falls Planning and Zoning Board Fee Schedule for all application fees.
Editor's Note: Schedule Gis included as an attachment to this chapter.
C. 
Calculation of fees.
1. 
Submissions involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plan.
2. 
Submissions involving a combination of approvals, shall pay a fee equaling the sum of the fees for the various application types.
3. 
Where a submission involves part of unit of measure on which a fee is based, said unit of measure shall be rounded upward to the next whole unit.
[Ord. No. 11-1326 § 2]
A. 
The Borough shall make all of the payments to professionals for services rendered to the Borough for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of PL 1975, c.291 (C.40:55D-1 et seq.). If the Borough requires of the applicant a deposit toward anticipated Borough expenses for these professional services, the deposit shall be placed in an escrow account by the Borough Treasurer pursuant to section 1 of PL 1985, c.315 (C.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 escrow account shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate, and the expenses incurred. The Borough shall render a written final accounting to the applicant on the uses to which the deposit was put. Thereafter the Borough shall, upon written request, provide copies of the vouchers to the applicant. If the salary, staff support and overhead for a professional are provided by the Borough, the charge of the deposit shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals by (2) the number of hours spent by the respective professional on review of the application for development or the applicant'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 Borough. Services rendered by other Board professionals (landscaping, environmental, and traffic consultants) will be charged to escrow deposits.
B. 
No submission, including a General Development Plan application, shall be deemed complete and no action to approve or conditionally approve an application shall be taken until such time as the applicant shall have posted with the Borough in cash, certified check, or money order the amount of escrow required to be deposited as calculated from the following schedule. If during the processing of the application the funds remaining in the escrow account are depleted to within $500, but in any event not less than 10% of the original deposit, the applicant shall deposit additional funds equal to the larger of either $500 or 20% of the original deposit before the application shall proceed before the Board and prior to action to approve or conditionally approve the application. The Board may dismiss an application in the event the escrow deposit is not initially sufficient, or is not adequately replenished to allow the processing of the application to continue.
C. 
The Administrative Officer shall review the submission to determine whether the escrow amount set forth herein and posted by the applicant is adequate to fund the review of the submissions. The Administrative Officer shall consider the following criteria in making such determination.
1. 
Presence or absence of public water and/or public sanitary sewer serving the site.
2. 
Environmental consideration including, but not limited to geological, hydrological and ecological factors required to be addressed in an Environmental Impact Report.
3. 
Presence of critical areas as identified by the Borough of Tinton Falls Master Plan.
4. 
Traffic impact of the proposed development.
5. 
Impact of the proposed development on existing aquifers and water and water quality.
The Administrative Officer shall then determine whether the escrow amount specified is sufficient, excessive or insufficient. Such determination shall be filed with the applicable Borough agency and the applicant. In the event that the amount posted is deemed to be excessive or that no escrow amount is required, same shall be refunded within 30 days. In the event that the additional moneys are required, then the Borough agency shall make a determination which shall be deemed binding upon the parties.
D. 
In the event that the applicant disagrees with the determination of the Administrative Officer of the escrow fee amount, then the Board shall make a determination which shall be deemed binding upon the parties.
E. 
All such escrow funds shall be utilized by the Borough to pay all costs of any professional fees incurred by the Borough for review and/or testimony in connection with the applicant's submission. All sums not actually so expended shall be refunded to the applicant upon applicant's written request for a refund within 60 days after the final determination by the Borough Agency.
F. 
If additional moneys were expended over the posted escrow amount, the applicant shall pay such moneys within 14 days of notification. Payment of such moneys shall be a mandatory condition of approval of all action taken by the Borough Agency. No construction permit shall be issued until all such fees are paid. No commencement to build certificate will be issued by the Code Enforcement Officer until all additional expenses in connection with the application are settled and an escrow certificate indicating "paid in full" will be issued by the Borough Finance Department as proof of payment. Any escrow moneys outstanding after the 30 days' notification period will be passed to the Borough's Legal Department for collection in the form of a lien on the property, and subject to interest at the rate of 1% above current prime rate as posted in the Wall Street Journal.
G. 
G.I.S. Revision Escrow. Each applicant is required to pay G.I.S. Revision fees to the Planning Board or the Zoning Board of Adjustment. $3 of the Zoning Board of Adjustment variance application GIS fee, $6 of the development application GIS fees and $3 of the development applications that require variances GIS fee will be placed in an escrow account to be utilized for a computerized document management system.
H. 
Refund.
1. 
Should an application be withdrawn after commencement of completeness review, the applicant will be responsible for any and all planning and engineering fees accrued to date. Any debit or credit will be settled within 30 days of written withdrawal notice.
2. 
Escrow Moneys. Applicable to above, will be refunded with interest less any professional fees owning to date within 30 days of written application of withdrawal.
I. 
Implementation.
1. 
Submission filed after the effective date of this Chapter shall submit fees and escrow specified herein at the time of filing.
2. 
Submissions presently filed but without a final determination by the Borough Agency shall submit fees and escrow specified herein based upon accrual of expenditures within 30 days of notification.
J. 
Modified Fee Schedule for Charitable Organizations. Any charitable, philanthropic, fraternal and religious nonprofit organization, holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.A. 501(c) or (d)) may apply at the time of its submission of an application for a modification to the fee schedule as set forth herein for development applications involving nonprofit activities. Upon receipt of such a request, the Division of Planning and Zoning shall obtain from the appropriate retained consultants including but not limited to engineering, planning, environmental, traffic, landscaping, and legal of the Borough an estimate of the fees to be charged for the review of the application. The Division of Planning and Zoning shall so notify the applicant and require the applicant to post the estimated fees into an escrow account pursuant to this Chapter which shall be utilized solely for the payment of the Borough's retained consultant for the review of the application. In no event shall the estimate of such fees exceed the fee schedule as contained herein. Appeals to the fees set by the Division of Planning and Zoning shall be heard by the Board. If after the completion of the application, which for this purpose shall be deemed to include satisfaction of all conditions contained in any resolution of approval, such applicant shall apply to the Division of Planning and Zoning for an accounting of the expenditures and the return of any unexpended funds held in trust.
K. 
The municipality shall exempt a board of education from payment of any fee charged under this act.
[Amended 12-3-2024 by Ord. No. 2024-1518]
A. 
No zoning permit, construction permit, or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this Chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this Chapter. No site improvements, such as but not limited to excavation or construction of public or private improvements, shall be commenced except in conformance with this Chapter in accordance with plat approvals and the issuance of required permits.
B. 
A zoning permit shall be required to be issued by the Zoning Officer before the issuance of any construction permit or certificate of occupancy, and before a new use may occupy a building when that use will increase the lot coverage, increase the floor area ratio, or increase the number of dwelling units on site.
C. 
It shall be unlawful to use any lot, tract or building or part thereof hereafter created or modified or involving a change in use until a certificate of occupancy shall have been issued by the Construction Official. No certificate shall be issued unless the land, building and use comply with this Chapter, all matters incorporated on the approved subdivision or site plan shall be completed and certified by the Borough Engineer and the Building and Health Codes are complied with.
D. 
Each request for a zoning permit shall be accompanied by the necessary payment in accordance with Schedule G – Land Use Fee Schedule.
E. 
Temporary Certificate of Occupancy.
1. 
Upon written application, the Zoning Officer is hereby empowered to issue a temporary certificate of occupancy for model homes and other purposes as specified in Section 40-35C for a period not to exceed six months. The temporary certificate of occupancy may be extended by the Zoning Officer, upon written application, for additional periods not to exceed six months each.
2. 
All applications for temporary certificates of occupancy shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is in proper form, shall have the discretion to transmit a copy of the application and all supporting documents to the Police Chief, the Fire Marshal, all subcode officials, the Board, Engineer and/or the Borough Engineer for their review and recommendations. No temporary certificate of occupancy shall be issued except in compliance with this subsection and in compliance with N.J.S.A. 52:27D-133 and all of the regulations promulgated thereunder.
F. 
A certificate of occupancy shall be required for the use of any lot, tract or building, or any part thereof, upon any transfer of title, change in occupancy, change in use, or any modification or improvement for which a zoning permit or construction permit is or was required.
A. 
Preamble. The Municipal Land Use Law requires that every municipality prepare a Master Plan which is to lay out the long-term development goals for a municipality which is to be carried out through the enactment of local land use ordinances.
Deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d as well as exceptions and waivers pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant private gain.
Openness in government and a fair and impartial variance, waiver and exception application process is crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process.
Disclosure of political contributions by property owners, developers and professionals will enhance the Borough's existing commitment to openness in government and provide further guarantees for a fair and impartial variance, waiver and exception application process.
Disclosure of political contributions by property owners, developers and professionals will advance the purposes of the Municipal Land Use Law to promote morals and general welfare.
The policy of the Borough of Tinton Falls will be to enhance the Borough's commitment to openness in government by providing further guarantees for a fair and impartial variance, waiver and exception application process, and in promoting morals and the general welfare through the integrity of the municipal planning process by requiring the supplementation of the municipal application checklist to include a Contribution Disclosure Statement listing any specified political contributions made by property owners, developers and the professionals whose services they use in applications for major variances, waivers and exceptions, pursuant to N.J.S.A. 40:44D-70c, N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-51.
B. 
Definitions.
1. 
APPLICATION CHECKLIST – The list of submission requirements adopted by ordinance and provided by the Planning Board to a developer pursuant to N.J.S.A. 40:55D-10.3.
2. 
DEVELOPER – A developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable propriety interest in such lands.
3. 
PROFESSIONAL – Any person or entity whose principals are required to be licensed by New Jersey Statute and who supply legal representation, expert testimony or written reports in support of an application. Professionals shall include both the individual supplying the representation, testimony or reports and the firm or entity in which said individual practices.
4. 
CONTRIBUTION – Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidate committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes or reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
5. 
CONTRIBUTION DISCLOSURE STATEMENTS – A list specifying the amount, date and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidate committee, political committee, continuing political committee or political committee of, or pertaining to, the Borough of Tinton Falls, made up to one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
C. 
General Requirements.
1. 
Disclosure.
a. 
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) or a variance pursuant to N.J.S.A. 40:55D-70(c) in conjunction with any application for a major subdivision or a major site plan as well as any major subdivision or a major site plan requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application a Contribution Disclosure Statement for all developers, all associates of said developer who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or N.J.S.A. 40:55D-48.2; and all professionals who apply for or provide testimony, plans or reports in support of said variance and/or waiver and who have an enforceable propriety interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner or the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a Contribution Disclosure Statement for said owner.
b. 
During the pendency of the application process until final major subdivision or final major site plan approval is granted, any applicant required to comply with this section shall amend its Contribution Disclosure Statement to include continuing disclosure of all contributions within the scope of disclosure requirements set forth above.
2. 
Inclusion of Contribution Disclosure Statements on Applicant Checklist.
a. 
The Application Checklist, provided by the Borough of Tinton Falls Planning Board or Zoning Board of Adjustment to applicants, shall be amended to provide that an applicant for preliminary major and/or final major subdivision with variance and/or waiver requests, as well as preliminary major and/or final major site plan with variance and/or waiver requests pursuant to N.J.S.A. 40:55D-70(c); N.J.S.A. 40:55D-70(d) or N.J.S.A. 40:55D-51 must file a Contribution Disclosure Statement as part of his application.
b. 
An application shall not be deemed complete by the administrative official or accepted for public hearing by the Borough of Tinton Falls Planning Board until the required Contribution Disclosure Statement has been filed.
3. 
Availability of Disclosure Statement. All Contribution Disclosure Statements shall be available in the office of the secretary to the appropriate board for review by the public.
4. 
Intent of the Disclosure Statement. It is the intent of this section that the Disclosure Statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance or waiver applications pursuant to N.J.S.A. 40:55D-70(c); N.J.S.A. 40:55D-70(d) or N.J.S.A. 40:55D-51.
5. 
Limits on Contributions. Any developer or professional as defined herein may annually contribute such amounts as are permitted by law to any municipal committee, County committee or political action committee without violating the provisions of this section. However, in the event that any developer contributes a sum in excess of $400 to any candidate or Borough Council or $500 to any municipal party committee, County party committee or political action committee or in the event that any developer contributes in excess of $2,500 to all municipal candidates and office holders, then in that event any recipient either by way of direct contribution to such individual or to the political party of such individual or the municipal party of such individual, the County party committee of such individual or any political action committee to which the individual may be a participant or recipient be and hereby is disqualified from participating in any way in any application involving said developer.
6. 
Return of Excess Contributions. A developer or a Borough candidate, office holder or board or committee member or a municipal or a County party committee member may cure a violation of paragraph (4) hereof if within 30 days of receipt of such contribution the developer or Borough candidate, office holder or board committee member or a municipal or County party committee member and they notify the Borough Council in writing and seeks and receives or pays to as appropriate reimbursement of such excess contribution from such party from such Borough candidate, municipal political committee, County political committee or political action committee or developer.
[1]
Editor's Note: Section 40-10 originally adopted as Section 40-20 by Ord. No. 05-1153.
[Ord. No. 11-1314 § 4]
A. 
Content. Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary site plan, final major subdivision, final site plan or conditional use, as the case may be, and each application for variance relief, shall include all information and data listed in the appropriate corresponding checklist as set forth in this Chapter.
B. 
Complete Application. The Planning Board, or Zoning Board, whichever the case may be, shall review all applications and accompanying documents required by this Chapter for the respective Board to determine that the application is complete.
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the respective Board. In the event that the Planning Board or Zoning Board does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
1. 
The application lacks information indicated on the checklist for such application below, and
2. 
The Planning Board or Zoning Board 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 submission requirements be waived, in which event the Planning Board or Zoning Board shall refer the request to the appropriate Board 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 Planning Board or Zoning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist 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 Planning Board or Zoning Board.
C. 
When Site Plan or Subdivision Approval Required. Except as may be otherwise required or provided for within this Chapter, within the Borough of Tinton Falls, compliance with preliminary and final site plan review will be required for all new construction, all building conversions and alterations and all change in use, with the exception of single-family detached dwellings which are part of the total development of three or fewer lots. Review will be conducted prior to any excavation or removal of soil, site improvement, demolition or construction. Without approval, neither building permit nor certificate of occupancy will be issued. The site plan approval process should not be eliminated on change of use, even when there are no substantial changes being made to the property, and even though parking requirements are being met, unless the application for development is declared to be exempt by the Planning Board or Zoning Board. Some parts of the site plan process may be waived on an individual basis, but the review process is important to upgrade properties that are subject to site plan review.
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map or the street requirements of this Chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the Borough or other appropriate governmental agency.
A. 
When Required. The Board may require a traffic impact statement as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse impact on the road network, ingress/egress or on-site circulation.
B. 
General Provisions.
1. 
The traffic impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and education.
2. 
All relevant sources of information used in the preparation of said statement shall be identified.
C. 
Submission Format. All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads, which are adjacent to or immediately affected by traffic and shall specifically address the following items:
1. 
Existing conditions in the vicinity of the proposed project including:
a. 
Roadway network.
b. 
Representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months).
c. 
Traffic accident statistics.
d. 
Availability of public transportation.
e. 
Level of service of adjacent roadways.
2. 
Traffic generated by the proposed development including:
a. 
Trip generation.
b. 
Trip distribution.
c. 
Modal split.
d. 
Level of service under proposed conditions.
3. 
Traffic impacts caused by the proposed development as per change in existing conditions.
4. 
Explanation of Traffic Reduction/Traffic Management Plans necessary pursuant to any current Federal, State or County requirements.
5. 
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
6. 
Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential traffic impacts.
A. 
When Required. The Board may require an environmental impact statement as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse impact on the natural environment or critical environmental areas.
B. 
General Provisions.
1. 
The environmental impact statement shall be prepared by an environmental scientist having appropriate experience and education.
2. 
All relevant sources of information used in the preparation of said statement shall be identified.
C. 
Submission Format. All environmental impact statements shall provide a description of the impact and effect of the proposed land development upon the natural environment or critical environmental areas and shall specifically address the following items:
1. 
Evidence that NJDEP has been requested to issue either a Letter of Interpretation regarding the wetland boundaries and their resource value and permit(s) for averaging or filling, or a letter of exemption that there are no wetlands.
2. 
NJDEP has been requested to issue either a Stream Encroachment Permit or a waiver.
a. 
Any request for waivers from the EIR shall be immediately referred by the administrative officer to the Environmental Commission for a recommendation to the Board.
3. 
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s).
4. 
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; flood plain protection; wetlands and wetland transition areas; sewage disposal; topography, slopes in excess of 15% and soil erosion; noise characteristics and levels; air quality; existing wooded areas to be protected; significant areas of wildlife habitat; and historic sites. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics. The standards and guidelines used in this assessment should provide the source(s) on which the author relied.
5. 
A list and the status of the licenses, permits and approvals needed from Federal, State or County agencies, including any conclusions and comments received from these governmental agencies.
6. 
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, traffic, noise, impact of artificial light on nearby properties, sedimentation and siltation, destruction of significant wildlife habitats, and increases in Borough services or capital needs (such as schools, recreation, emergency services, and public works) and the consequences to the Borough's tax structure. The evaluation should include how the developer can assist in minimizing the adverse impacts by altering design concepts or by making, or participating in, on-site or off-tract improvements.
7. 
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including necessary maps, phasing schedules and other explanatory data to clarify and explain these steps.
8. 
Notwithstanding the foregoing, the Board may waive the requirement for all or part of an Environmental Impact Statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact, or upon a finding that the complete report need not be prepared in order to evaluate the environmental impact of the development.
9. 
Hazardous/Toxic Material. The preliminary plat shall be accompanied by data on the quantity and location of hazardous and toxic materials stored or handled on site. This data shall include details on receiving, storing and shipping such materials; how routine and emergency clean-ups are conducted; whether any special fire suppression or spill containment is required; and the status of any approvals or permits required from NJDEP related to such materials.
A. 
Concept Plan. At the request of the developer, the planning board 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 amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
[Ord. No. 11-1314 § 6]
All actions that qualify as changes of use and minor or major site plans shall require Board approval, except that: (a) individual lot applications for detached one or two dwelling unit buildings and (b) construction work found by the Zoning Officer to constitute ordinary repairs, shall be exempt from site plan review.
[Ord. No. 11-1314 § 7]
The Planning Board may waive the requirement for site plan approval where the Planning Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations, such as:
A. 
Does not meet the eligibility requirements for minor or major site plan;
B. 
Consists solely of nonstructural changes in the facade of a structure; or
C. 
An interior change which does not increase parking requirements and does not involve any other substantial site development considerations.
[Ord. No. 11-1314 § 8]
Subdivision approval shall be required prior to the recording of any plat or deed affecting the subdivision of any land in the Borough except in the following cases, where no new streets are created:
A. 
Divisions of property by testamentary or intestate provisions.
B. 
Divisions of property upon court order.
C. 
Conveyances so as to combine existing lots by deed or other instrument as set forth under N.J.S.A. 40:55D-7.
In all cases involving such exempted divisions, the Planning Board Chairperson and the Borough Clerk shall certify the exemption on the plat or deed or instrument to be filed with the County Register.
A. 
Eligibility.
1. 
Developers of large tracts of land as set forth in the zoning district where a GDP is permitted shall be permitted to file a GDP application prior to, or simultaneously with, a preliminary subdivision or site plan plat provided all the requirements are met for each form of application.
2. 
Developers may submit GDP plans for review and approval simultaneously with separate site plan and/or subdivision applications which may, or may not, contain conditional use and/or variance requests for any phase of the GDP.
B. 
Submission Requirements.
1. 
Submission requirements for minor subdivision and site plan approval are provided in the Checklist.
2. 
The plat and accompanying written and other data, and reports, shall include the following:
a. 
As part of the land use plan, the GDP shall set forth the number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, and by sections according to any schedule which sets forth the timing of sections of the development. The proposed land use plan shall indicate the total tract area and the general locations of the land uses to be included in the development, including existing and proposed lot lines and the area of each lot. The total number of dwelling units by types and locations and the nonresidential floor area by types and location shall be delineated on the overall plan, and identified according to any proposed sections of development according to a timing schedule. A legend shall identify the land area devoted to each land use type with a calculation of the residential density and the gross floor area within each section and in the overall tract.
b. 
A circulation plan showing the general location and types of transportation facilities including pedestrian ways, off-street parking and loading spaces, aisles, driveways, and streets, as well as proposed improvements to the existing transportation and highway system, either on site or off tract.
c. 
An open space plan showing the proposed area and general location of parks and any other land area to be set aside for open space, wetlands other conservation areas, recreational areas, and buffer areas together with a general description of any improvements proposed to be made thereon, including a plan for the operation and maintenance of these areas.
d. 
A utility plan indicating the need for and showing the proposed locations of the sewage collection and treatment system; water supply and distribution system; drainage facilities; gas, CATV, telephone and electric supplies; proposed methods of handling solid waste disposal; the recycling of recyclable materials; and a plan for the operation and maintenance of the proposed utilities.
e. 
The proposed, schematic stormwater management plan setting forth the proposed method of controlling and managing stormwater on-site and, if appropriate, related off-tract stormwater management facilities.
f. 
An environmental inventory including a general description of the vegetation and any major wooded areas; soil types; topography; geology; surface hydrology including wetlands and wetland buffer areas, stream corridors, floodways and flood hazard areas; climate; cultural resources of the site; existing and man-made structures or features; and the probable impact of the development on the environmental attributes of the site.
g. 
A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational, cultural, historic, library, hospital, fire house, police station, and recreation uses.
h. 
A housing plan setting forth the number of housing units to be provided and the extent to which any housing obligation assigned to the Borough under the Fair Housing Act and the rules of the Council on Affordable Housing will be provided by the development.
i. 
A local service plan indicating those public services which the applicant proposes to provide and which may include, but are not limited to, water service, sewage collection and treatment, cable TV, solid waste collection and disposal, and a plan for separation and recycling of recyclable materials.
j. 
A fiscal report estimating the demand on municipal services to be generated by the development and any financial impacts to be faced by the Borough or the school district as a result of the development including a projection of tax revenues for the Borough, school district, and County according to a projected timing schedule for completion of the development.
k. 
A proposed timing schedule including the terms and conditions intended to protect the interests of the public and of the residents and nonresident occupants of any section of the development prior to completion of each section as well as prior to completion of the entire development. Each section of the development shall coordinate the developer's interest with the public interest in such things as the size of each phase, financing costs, bonding and mixed uses with logical infrastructure improvements that function properly at the end of each section. Logical infrastructure shall include, but not be limited to, the water distribution system and fire hydrants, sewage collection and treatment system, coordinated on-site circulation systems, off-tract road improvements, dedicated open space, stabilized soil, and stormwater control facilities.
l. 
A written proposed developer's agreement between the Borough and the developer or its assignees. A draft agreement shall be initiated by the applicant and submitted simultaneously with the GDP application. Any revised draft shall be based upon the approval of the GDP and shall be submitted prior to or as part of a preliminary and/or final subdivision or site plan approval for any phase or section of the development. The final agreement shall be executed following, but as a condition of, final subdivision or site plan approval of any phase or section of the development and shall thereafter be amended, as appropriate, for each subsequent phase or section of the development. The agreement shall specify:
(1) 
The length of time within which the zoning rights are vested, not to exceed the period(s) set forth in the Board's resolution approving the GDP and in Subsection D of this Section.
(2) 
The applicant's commitments to completing any applicable infrastructure improvements, community facilities, and, if applicable, the method of participating in the Borough's housing program.
(3) 
Nothing herein shall be construed to lessen the applicant's obligation to abide by applicable State or Federal laws, ordinances and regulations such as environmental, infrastructure, and housing requirements which changes might require modification to the GDP approvals relating to construction, funding, phasing, and/or site plan design.
(4) 
Subject to the rights of the applicant pursuant to N.J.S.A. 40:55D-45.1a, and as referenced above, the applicant's obligation to reasonably remedy environmental or infrastructure problems identified by the Borough and required to be remedied as a result in changes in applicable State or Federal laws, ordinances, or regulations.
(5) 
The applicant's commitment to a phasing or timing schedule that includes updating of traffic, water, sewer and similar facilities as referenced in Subsection B, paragraphs 2b, 2c and 2d above as part of the submission of each preliminary and final plat for each phase or section of the development in order to make any necessary adjustments to the timing schedule and/or on-site or off-tract improvements for the overall GDP based on actual experience rather than initial projections. The agreement may provide the Board with the right to relieve the applicant of all or portions of this obligation depending on how current the previous submissions and the data have been, how much development has occurred either on-site or in nearby areas, and the degree to which other conditions affecting the issues may have changed.
(6) 
The form of agreement shall contain the right of the Borough to require the developer to provide periodic updating of prior studies at each phase of the development and to pay the costs of increased or decreased fair share of on-site and off-tract improvements which are required by the applicable law governing such improvements based upon the pro-rata share assigned to the developer, in order to deal with the need to accelerate, add, reduce or eliminate, those improvements directly due to the development.
(7) 
The form of agreement shall provide for cooperation in the execution of endorsements relating to permits from Federal, State, County or other governmental agencies, as permitted by law.
C. 
Board Action.
1. 
Prior to GDP approval, the Board shall schedule and conduct a public hearing on the matter. Notice shall be in accordance with this Chapter.
2. 
The Board shall approve or deny the GDP within 95 days of submitting a complete application, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute GDP approval. A GDP may be granted approval conditioned on necessary County, State, municipal or other approving or licensing agencies acting favorably on, or issuing their permits and/or licenses as may be required.
3. 
The GDP approval does not authorize the developer to commence either construction or site work. The developer must obtain subdivision and/or site plan approval, as applicable, prior to the commencement of either construction or site work.
D. 
Effect of Approval.
1. 
The Board shall find the following facts and conclusions as part of a GDP approval:
a. 
The departures by the proposed GDP from zoning otherwise applicable to the subject property conform to Zoning Regulations standards set forth for the GDP planned development for the zone in which the property is located.
b. 
That the proposals for maintenance and conservation of any 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 GDP for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
d. 
The proposed GDP will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
e. 
That a GDP proposed to be constructed over a period of years has adequate 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.
E. 
Duration.
1. 
The Board shall establish the term of effect of the GDP. The GDP, once approved, shall vest in the applicant the right to develop the specified number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio, as authorized by and for the term set forth in the GDP. The terms and conditions of the GDP shall also, to the extent specified determine the extent and nature of the applicant's rights, obligations, and responsibilities with respect to circulation, on- and off-tract improvements, open space, utilities, stormwater management, environmental preservation, community facilities, housing and local services. The term of effect shall not exceed 20 years from the date the developer receives final approval of the first section of the GDP, or such lesser time approved by the Board provided the approval period is at least five years. In making its determination regarding the duration of the term of effect of the GDP approval, the Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the GDP and any conditions the Board attaches to the approval thereof.
F. 
Modifications to the GDP or its Timing Schedules.
1. 
If, after approval of a GDP, the applicant wishes to revise the timing schedule, or wishes to make any variation in the location of land uses within the development, or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the development, the developer shall be required to gain the prior approval of the Board, except that the developer may reduce the number of residential units or amount of nonresidential floor space by no more than 15%, or may reduce the residential density or nonresidential floor area ratio by no more than 15%, provided, however, that a developer may not reduce the number of low and moderate income residential units to be provided without prior approval of the Board, and provided further there shall be no reduction in the level of improvements, off-tract contributions, or similar conditions of the GDP without prior approval of the Board.
2. 
A revision to the timing schedule shall be reviewed by the Board and the granting or denial of any extensions of time shall be based on the degree to which matters are judged to be, or to have been, within the reasonable control of the developer, or the degree to which matters may have been beyond the control of the developer. The Board shall also consider the items outlined in Subsection D above as part of any revision to the timing schedule.
3. 
Upon acquiring a certificate of occupancy for every residential unit and every nonresidential structure in each section of the development as set forth in the approved GDP, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved GDP. If the Borough does not receive such notification at the completion of any section of the development, the Borough shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
4. 
If the developer does not complete any section of the development within eight months of the date provided for in the approved GDP, or if at any time the Borough has cause to believe that the developer is not fulfilling his obligations pursuant to the approved GDP, the Borough shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved GDP. The Borough thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved GDP. If, after the hearing, the Borough finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
5. 
In the event that a developer who has GDP approval does not apply for preliminary plat approval for the planned development which is the subject of the GDP approval within five years of the date upon which the GDP has been approved by the Board, the Borough shall have cause to terminate the approval. For purposes of this Chapter, the application for preliminary approval within the five-year period as required herein will be satisfied by submitting one or more applications for one or more sections of a phased developed within this five years period, and will remain in compliance provided subsequent preliminary plat submissions for further sections of the development are submitted in a timely manner consistent with the timing schedule approved as part of the GDP.
6. 
In the event that a development which is the subject of an approved GDP is completed before the end of the term of the approval, the approval shall terminate and the development shall be considered complete on the date upon which the certificate of occupancy has been issued for the final residential and nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved GDP and the developer has fulfilled all his obligations pursuant to the approval.
A. 
Submission Requirements. Submission requirements for minor subdivision and site plan approval are provided in the Minor Subdivision and Site Plan Checklist.
B. 
Minor Subdivision Classification.
1. 
The Planning Board or Board of Adjustment shall classify the application.
C. 
Site Plan Classification.
1. 
Classification of Applications. In all situations where site plan review is requested, the application shall be submitted to the Planning Board or Board of Adjustment for classification. The application shall be on forms supplied by the Secretary of the Planning Board for classification purposes. The Planning Board or Board of Adjustment shall classify applications as "nonexempt" unless, in the judgment of the Planning Board or Board of Adjustment, the following conditions are met:
a. 
Under circumstances where a change in use is contemplated, the superseding use is:
(1) 
Of the same or lesser intensity than its previously existing use, or the superseding use is of such a character that it will not deleteriously impact on site access and egress, the necessity for on-site parking, internal traffic circulation, etc., and
(2) 
There are no existing conditions on the site regarding access and egress, internal traffic, circulation, on-site parking, drainage, signage, site lighting, rectification, buffers, etc., which require modification in the interest of the public health, safety and welfare.
b. 
In situations where new construction, alterations or conversions are involved, such work is so limited in scope or otherwise of such a nature as it will not have a material deleterious impact on intensity of use of the site, access and egress thereto, the necessity for on-site parking, internal traffic circulation, drainage, etc., and there are no existing conditions on the site regarding internal traffic circulation, on-site parking, drainage, signage, site lighting, landscaping, buffers, etc., which require rectification, amelioration or modification in the interest of the public health, safety and welfare.
D. 
Preliminary Review.
1. 
Upon receipt of the application and accompanying exhibits, the Board will distribute copies of the application and attached exhibits to the Board Engineer, Board Planner and any other Board Professionals, official or agency that may be affected by the proposed application.
2. 
Officials and agencies shall forward reviews and recommendations, in writing, to the Board within 30 days of receipt.
E. 
Board Action.
1. 
Except for applications governed by the time limits, the Board shall approve, conditionally approve, or deny a minor subdivision or site plan within 45 days of the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
2. 
Failure of the Board to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Register for purposes of filing subdivision plats or deeds.
F. 
Effect of Approval. Approval of a minor subdivision or site plan shall be deemed final approval provided that the Board may condition such approval on the provision of improvements as may be required. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or 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 the approved minor subdivision shall have been duly recorded in accordance with the Subsection G below.
G. 
Expiration of Minor Subdivision. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Register, the Board Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chairperson and Secretary. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the Statutes.
H. 
Extensions of Minor Subdivision or Site Plan Approval.
1. 
The Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to this Chapter if the developer proves to the reasonable satisfaction of the Board:
a. 
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
b. 
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 Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
2. 
The Board shall grant an extension of minor subdivision or site plan 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 agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of minor subdivision approval; or (b) the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
I. 
Lands Resulting From Minor Subdivision. Any lands, lots or parcels resulting or remaining from a minor subdivision may not be submitted as a minor subdivision for 24 months from the date of initial approval.
A. 
Submission Requirements. Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist.
B. 
Preliminary Review.
1. 
Upon receipt of the application and accompanying exhibits, the Planning Board will distribute copies of the application and attached exhibits to the Board Engineer, Board Planner and any other Board Professionals, and any other official or agency that may be affected by the proposed application.
2. 
Officials and agencies shall forward reviews and recommendations, in writing, to the Planning Board within 30 days of receipt.
C. 
Board Action.
1. 
Subdivisions.
a. 
Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 or fewer lots within 45 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
b. 
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than 10 lots within 95 days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.
c. 
Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on request of the Applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the County Register for purposes of filing subdivision plats.
d. 
If the Planning Board required any substantial amendment in the layout of improvements, proposed by the developer, that have 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 Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.
2. 
Site Plans.
a. 
Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less, and 10 dwelling units or less, within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.
b. 
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
c. 
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
D. 
Substantial Modification.
1. 
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to this Chapter and N.J.S.A. 40:55D-1 et seq. shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare, and increased drainage runoff, or (5) materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
2. 
If the Planning Board required any substantial amendment in the layout of improvements, proposed by the developer, that have 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 Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.
E. 
Effect of Preliminary Approval. Preliminary approval of a major subdivision or site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted.
1. 
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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
2. 
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.
3. 
That the applicant may apply for and the Board may grant extension 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.
4. 
Whenever the Board grants an extension of preliminary approval pursuant to the previous paragraphs above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
5. 
The 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. The developer shall apply for the extension before (a) what would otherwise be the expiration date of the preliminary approval, or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to the previous paragraphs above.
F. 
Simultaneous Preliminary and Final Site Plan Approval. Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.
A. 
Submission Requirements.
1. 
Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist.
B. 
Preliminary Review.
1. 
Upon receipt of the application and accompanying exhibits, the Planning Board will distribute copies of the application and attached exhibits to the Board Engineer, Board Planner and any other Board Professionals, and any other official or agency who may be affected by the proposed application.
2. 
Officials and agencies shall forward reviews and recommendations, in writing, to the Planning Board within 30 days of receipt.
C. 
Board Action.
1. 
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the "Map Filing Law" P.L. 1960, c. 141.
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 Board to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the County Register for purposes of filing.
3. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6, the Board shall condition its approval 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.
D. 
Effect of Final Approval.
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance below, the Board may extend such period of protection for extensions of 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 any section of the development which is granted final approval.
2. 
Whenever the Board grants any extension of final approval pursuant to the preceding paragraph, 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.
3. 
The 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 an extension before (1) what would otherwise be the expiration date of final approval, or (2) 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 Board from granting an extension pursuant to the preceding paragraphs.
E. 
Conditions of Approval.
1. 
Conditions Binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.
2. 
Failure to Maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements in landscaping are to be installed by, and/or dedicated to and maintained by the Borough, County or another party, under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping, shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth herein.
F. 
Expiration of Final Major Subdivision Approval.
1. 
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 applicant with the County. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or 190-day period if the applicant proves to the reasonable satisfaction of the Board (1) that the applicant 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 (2) that the applicant applied promptly for and diligently pursued 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 Board. The developer may apply for an extension either before or after the original expiration date.
2. 
No subdivision plat shall be accepted for filing by the County until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this Chapter and has satisfied all other applicable conditions of final approval. If the County 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.
The submission requirements and review process for conditional use applications shall be the same as for a major site plan, except as set forth below.
A. 
The Board shall grant or deny an application for conditional use approval within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. If relief is requested pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny within 120 days of submission of a complete application or within such further time as may be consented to by the applicant.
B. 
The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision and/or site plan application. The longest time period for action by the Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.
C. 
In approving a conditional use, a time limit of one year from the date of the approval shall be set within which the owner shall secure a construction permit; otherwise the approval shall be null and void. The Board may, for good cause shown, extend the period for securing a construction permit for an additional period not exceeding six months.
D. 
The conditions for approval shall be those specifically listed under the conditional use section of each zoning district as well as the applicable area and yard requirements listed in each zoning district, the parking and buffer requirements listed in the section, and all other applicable design requirements provided in this Chapter.
A. 
Whenever review or approval of a development application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board. The County Planning Board's failure to report thereon within the required time period provided by law shall be considered a favorable response.
B. 
Whenever County Planning Board review or approval is required, the applicant shall be responsible for filing all necessary applications, plans, reports and other documents directly with the County Planning Board.
A. 
When all conditions of any minor, preliminary or final approval have been met, the applicant shall submit to the Board Secretary eight copies of the approved plan(s) with all revisions required by the conditions of approval. The approved plan(s) shall be signed by the Board Chairperson and Engineer. Two signed copies shall be returned to the applicant.
B. 
In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approval plat with the County Register in conformance with the Map Filing Law, the applicant shall submit to the Board Administrator, simultaneously with the plans described in Subsection A above, two mylars and at least eight paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chairperson and Engineer simultaneously with the signing of the approved plans submitted pursuant to Subsection A above. After signing, one Mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.
C. 
Following the filing of any approved subdivision plat or minor subdivision deed with the County Register, the applicant shall promptly deliver to the Board Secretary at least six copies of the filed plat or recorded deed, as the case may be. The Board Secretary shall then distribute copies of the same.
D. 
Whenever any subdivision is to be perfected by the filing of the approved plat with the County Register, and when the engineering review of such subdivision has been performed by the Board Engineer, the plat intended for recording shall be signed by the Board Engineer.
E. 
The Applicant shall provide on CD-ROM one copy of all signed plans to the Borough in PDF format.
[Amended 12-3-2024 by Ord. No. 2024-1518]
No application for development shall be deemed complete unless the items, information and documentation listed in the applicable application form and checklist are submitted to the Board. If any required item is not submitted, the applicant must request in writing a waiver and state the reasons supporting each such request.
DEVELOPMENT APPLICATION FORMS, See Schedule C (Planning Board) and Schedule D (Zoning Board).
Editor's Note: Schedules C and D are included as attachments to this chapter.
DEVELOPMENT APPLICATION CHECKLIST, See Schedule E.
Editor's Note: Schedule E is included as an attachment to this chapter.
General Requirements
1.
The completed Application Form (original and 14 photocopies). If any item is not applicable to the applicant, it should so be indicated on the application form.
2.
The completed Application Checklist (original and 14 photocopies). If any item is deemed not applicable by the applicant, it should so be indicated on the application checklist and a waiver request should be made.
3.
All listed Application Checklist items as required.
4.
Statement as to any requirements for which waiver is sought, together with a statement of reasons why waivers should be granted (original and 14 photocopies)
5.
Ownership Disclosure Affidavit (original and 14 photocopies). If applicant is not the owner, the applicant's interest in the land; e.g., tenant, contract/purchaser, lien holder, etc. If a corporation or partnership, list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
6.
Contribution Disclosure Statement pursuant to Borough Ordinance No. 05-1153 (original and 3 photocopies).
7.
Tax Collector Certification (original and 14 photocopies).
8.
List of witnesses proposed to be presented and their expertise, if any (original and 14 photocopies).
9.
Minimum of 4 photographs of the site and buildings (original and 14 photocopies). Original photos shall be either 3 1/2 inches by 5 inches or 4-inch by 6-inch individual prints and the 14 photocopies shall be 4 photographs on a single 8 1/2 inch by 11-inch sheet. Photos shall be taken at various points on the site and show any areas subject to development.
10.
5 copies of plans shall be a minimum of sheet size 22 inches by 34 inches for professional review, If more than 1 sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision on 1 sheet and the sheets on which the various sections are shown.
11.
11 copies of reduced sized plans shall be of sheet size 11 inches by 17 inches for Board review. Board review plans shall be scaled exactly 50% of those plans submitted for professional review to provide reliable scaling. A graphic scale must be included on every drawing. Reduced sized plans shall have a font size of no less than 8 point and all labels must be clearly legible. These reduced plans shall not be submitted until the application has been deemed complete and the plans requested by the Board Secretary.
12.
1 digital copy of all application documents, including application, letters, reports, plans, etc.