Article VIII Development Application Review Procedures

A construction permit for a single-family detached dwelling unit or two-family dwelling units and/or their accessory building(s) on a lot shall not require site plan approval;

Any addition, modification or alteration to an existing conforming, nonresidential structure which does not account for more than 10% additional building coverage; which does not exceed 2,000 cubic feet of enclosed and roofed area; and which does not involve any variance request, shall not require site plan approval; and

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

Any modification to an existing structure designed for occupancy primarily as a temporary abode of individuals, with or without meals, in which there are not more than 25 sleeping rooms shall not require site plan approval.

Variance relief. All applications for variance relief to the Planning Board not involving any related site plan, subdivision or conditional use approval shall be filed at least 14 days prior to the meeting of the Board at which the discussion is desired. The filing shall include 12 copies of any maps and related material, 12 copies of the completed application form, and the fee in accordance with Article IX of this chapter. The Board shall act upon the application as stipulated by law.

Informal review by the Planning Board.

At the request of a 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 developer shall not be required to submit any fees for such an informal review.

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.

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board. The Secretary of the Planning Board shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

§ 225-42 Contribution statement in major variance applications.

Editor's Note: Original § 43-35, Jurisdiction of responsibility during development application review, which preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Preamble.

Whereas, 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 are to be carried out though the enactment of local land use ordinances; and

Whereas, 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; and

Whereas, 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; and

Whereas, disclosure of political contributions by property owners, developers and professionals will enhance the Borough's existing commitment to openness in government and provide further guaranties for a fair and impartial variance, waiver and exception application process; and

Whereas, disclosure of political contributions by property owners, developers and professionals will advance the purposes of the Municipal Land Use Law to promote morals and the general welfare;

CONTRIBUTION DISCLOSURE STATEMENT

Now, therefore, be it ordained that the policy of the Borough of Spring Lake will be to enhance the Borough's commitment to openness in government, by providing further guaranties 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. 40:55D-70c, N.J.S.A. 40:55D-70d, and N.J.S.A. 40:55D-51.

Definitions. As used in this section, the following terms shall have the meanings indicated:

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.[1]

CONTRIBUTION

Every loan, gift, subscription, advance or transfer of money or other thing of value, including an 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.

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 party committee of, or pertaining to, the Borough of Spring Lake, made up to one year prior to filing the variance application and/or during the pendency of the application process, required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.

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 contact to purchase, or other person having an enforceable proprietary interest in such land.

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.

The Application Checklist (and Application) are included as attachments to this chapter.

General requirements.

Disclosure.

Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d or a variance pursuant to N.J.S.A. 40:55D-70c 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 proprietary interest in the property or development which is the subject of the applicant or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of 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.

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 chapter shall amend its contribution disclosure statement to include continuing disclosure of all contributions within the scope of disclosure requirements set forth above.

Inclusion of contribution disclosure statements of applicant checklist.

The application checklist, provided by the Spring Lake Planning Board 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-70c; N.J.S.A. 40:55D-70d or N.J.S.A. 40:55D-51 must file a contribution disclosure statement as part of his application.

An application shall not be deemed complete by the Administrative Official or accepted for public hearing by the Spring Lake Planning Board until the required contribution disclosure statement has been filed.

Availability of disclosure statement. All contribution disclosure statements shall be available in the office of the Planning Board Secretary for review by the public.

§ 225-43 Submission of minor subdivision plats and minor site plans.

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-70c; N.J.S.A. 40:55D-70d or N.J.S.A. 40:55D-51.

[Added 8-26-2003 by Ord. No. 13-2003]

Procedure for submitting minor plats and minor plans.

Submit to the Administrative Officer at least 21 days prior to the first regularly scheduled monthly meeting of the Planning Board 16 copies of the minor subdivision plat or minor site plan; five copies of the completed application form; and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats, and other documents submitted for processing in conjunction with the application.

Simultaneously with submitting an application for development to the municipality, the applicant shall forward two copies of the submission to the Monmouth County Planning Board and any other governmental agency as required by law for appropriate review and action.

At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one file copy each of the minor subdivision plat or minor site plan and the application form and shall distribute the remaining copies in the following manner:

The Planning Board: 11 copies of the minor plat or plan and 11 copies of the application.

Construction Official and Zoning Officer: one copy each of the minor plat or plan and the application.

At the direction of the Planning Board, additional copies of the minor plat or plan may be forwarded to other individuals, offices and agencies for review and comment.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Details required for minor subdivision plats and minor site plans.

Each minor plat or minor site plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided that all engineering data shall be signed and sealed by a professional engineer.

Each submission shall be at a scale of one inch equals 50 feet and shall be on one of the following three standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches). Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

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

Title block:

Name of subdivision or development, municipality and county;

Name, address and telephone number of subdivider or developer;

[3]

Name and address of the owner or owners of record;

[4]

Scale; and

[5]

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

Acreage figures and North arrow.

Approval signatures:

Chairman;

Secretary; and

Borough Engineer.

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map.

(f)

Subdivision or development boundary line (heavy solid line).

(g)

The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, water courses, railroads, bridges, culverts, drain pipes, and any natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.

(h)

The approximate location and approximate width of all existing and proposed utility easements.

(i)

Zoning districts affecting the tract, including district names and requirements.

(j)

Proposed buffer and landscaped areas.

(k)

Delineation of floodplains, including both floodway and flood fringe areas.

(l)

Contours as shown on the USGS topographic sheets.

(m)

Wetlands, ponds and lands subject to flooding within the tract and within 100 feet thereof.

(n)

The name of all adjacent property owners as they appear on the most recent tax list prepared by the Borough Tax Assessor.

(o)

Concerning minor subdivisions only, existing and proposed monuments and/or iron pins.

(p)

Concerning minor subdivision applications only and if the proposed lot(s) is (are) not served by a sanitary sewer, certification by a licensed professional engineer that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), test results and compliance with the Individual Sewage Disposal Code of New Jersey shall be shown on the plat and certified by a licensed professional engineer.

(q)

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

(r)

Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications as appropriate.

Action by the Borough.

Within 45 days from the date of the submission of the application and at the direction of the Planning Board, the Administrative Officer shall either notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer neither certifies to the applicant that the application is complete nor notifies the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete and the period for action by the Board shall commence.

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

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

When a minor subdivision or minor site plan is approved by the Board, as notation to that effect, including the date of approval, shall be made on a master copy. At least six prints of the plat or plan and any related deed descriptions to be filed with the county recording officer shall be signed by the Chairman and Secretary (or the Acting Chairman and Secretary where either or both may be absent) and returned to the applicant within one week thereof. No further approval of the application shall be required. In the event the same is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval and forward the applicant a copy of the resolution adopted in accordance with § 225-37F of this chapter setting forth the reasons for the disapproval.

Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in accordance with the Map Filing Act, P.L. 190, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or deed description shall be filed by the subdivider with the county recording officer. Unless filed within the 190 days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded as provided in this Section. A copy of the recorded instrument shall be given to the Secretary of the Planning Board.

§ 225-44 Submission of preliminary major subdivision plats and preliminary major site plans.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer or applicant proves to the reasonable satisfaction of the Board that the developer or applicant 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 or applicant applied promptly for and diligently pursued the approvals.

[Added 8-26-2003 by Ord. No. 13-2003]

(7)

Unless the approval of the minor subdivision plat or minor site plan is extended as provided in Subsection C(5) or (6) above, the approval shall be deemed to lapse and shall be of no further effect after two years from the date of the approval. If the approval is extended and the applicant fails to apply for a building permit within the extension period, then the approval shall be deemed to lapse and be of no further effect at the expiration of the extension period.

[Added 8-26-2003 by Ord. No. 13-2003]

Procedure for submitting preliminary plats and preliminary plans.

Submit to the Administrative Officer at least 21 days prior to the first regularly scheduled meeting of the Planning Board 16 copies of the preliminary plat or preliminary plan; five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; five copies of the completed application form; and the fee in accordance with Article IX of this chapter. The Administrative Officer shall process the application and issue and application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats, and other documents submitted for processing in conjunction with the application.

Simultaneous with submitting an application for development to the municipality, the applicant shall forward two copies of the submission to the Monmouth County Planning Board and any other governmental agency as required by law for appropriate review and action.

At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the preliminary plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies in the following manner:

The Planning Board: 11 copies of the preliminary plat or plan and 11 each of the application and any protective covenants or deed restrictions.

Construction Official and Zoning Officer: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions.

At the direction of the Planning Board, additional copies of the preliminary plat or plan may be forwarded to other individuals, offices and agencies for review and comment.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Details required for preliminary subdivision plats and preliminary site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer.

Each submission shall be at a scale of the one inch equals 50 feet and shall be on one of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches).

Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information is either unnecessary or inapplicable to the particular subdivision or development plan.

All details stipulated in § 225-43B(2)(a) through (n) of this chapter.

All dimensions necessary to confirm conformity to this chapter such as structure setbacks, structure heights and yard areas.

Size, height and location of all proposed signs.

(d)

The proposed location, direction of illumination, power and type of proposed outdoor lighting.

(e)

The proposed screening, buffering and landscaping including a landscaping plan.

(f)

The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.

(g)

All means of vehicular access and egress to and from the site onto public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, additional width and any other device necessary to prevent a difficult traffic situation.

(h)

The application shall include plans and computations for any storm drainage systems including the following:

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

The location and extent of any proposed dry wells, ground-water recharge basins, detention basins or other water conservation devices.

(i)

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

(j)

Plans of proposed improvements and utility layouts including sewers, storm drains, water, gas, telephone and electricity showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply with all Borough, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Borough, county and state agencies and the results of percolation tests shall be submitted.

(k)

Plans, typical cross sections, center-line profiles, tentative grades and details of all proposed streets and other existing streets abutting the tract based on the vertical datum specified by the Borough Engineer including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at intersections.

(l)

The proposed permanent monuments and/or iron pins shall be shown.

(m)

The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information may include, but not be limited to, a traffic analysis and/or environmental and community impact statements.

Action by the Borough.

Within 45 days from the date of the submission of the application and at the direction of the Planning Board or the Administrative Officer shall either notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer neither certifies to the applicant that the application is complete nor notices the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete and the period for action by the Board shall commence.

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less or 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete by the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed period shall constitute approval of the application, provided that any preliminary application including a request for variance relief shall be acted upon within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete by the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

The Planning Board shall take action on a preliminary major site plan application and/or preliminary major subdivision application as prescribed in Subsection C(2) and (3) above. Failure of the Board to act within the prescribed time period shall constitute approval of the application.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. (See § 225-37D.)

(7)

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

(8)

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.

(9)

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of such determination.

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

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;

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

§ 225-45 Submission of final major subdivision plats and final major site plans.

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

Expiration of approval. Unless the preliminary approval of a subdivision or site plan is extended as provided in Subsection D(3) above, the approval shall be deemed to lapse and shall be of no further effect after three years from the date of preliminary approval. In which case, the developer or applicant shall not be entitled to apply for final approval based on the granted terms and conditions of the preliminary approval. If the preliminary approval is extended and the applicant fails to apply for final approval within the extension period, then the preliminary approval shall be deemed to lapse and be of no further effect at the expiration of the extension period.

[Added 9-27-1999 by Ord. No. 25-1999]

Procedure for submitting final plats and final plans.

Within three years after the date of preliminary approval, the applicant shall submit to the Administrative Officer at least 21 days prior to the first regularly scheduled monthly meeting of the Planning Board 16 copies of the final plat or final plan; five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; five copies of the completed application form; and the fee in accordance with Article IX of this chapter.

At least seven days prior to the first regularly scheduled monthly meeting of the Board, the Administrative Officer shall retain one copy each of the final plat or plan, any protective covenants or deed restrictions and the application form and shall distribute the remaining copies in the following manner:

The Planning Board: four copies of the final plat or plan and two copies each of the application and any protective covenants or deed restrictions.

Construction Official and Zoning Officer: one copy each of the final plat or plan, the application and any protective covenants or deed restrictions.

At the direction of the Planning Board, additional copies of the final plat or plan may be forwarded to other individuals, offices and agencies for review and comment.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Details required for final plats and final plans.

All details stipulated in § 225-44B of this chapter.

All additional details required by the Borough at the time of preliminary approval.

Detailed architectural and engineering data including:

An architect's isometric design of each building and sign showing front, side and rear elevations.

Cross sections, profiles and established grades of all streets, aisles, lanes and driveways.

Plans and profiles of all storm and sanitary sewers and water mains.

(d)

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000, and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to USGS benchmarks with the data on the plat as to how the bearings were determined.

The final submission shall be accompanied by the following documents:

Certificate from the Borough Tax Collector that all taxes are paid up to date.

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

Installed all public improvements in accordance with the requirements of this chapter; and/or

Posted a performance guaranty in accordance with § 225-47 of this chapter.

A statement from the Borough Engineer that all improvements installed prior to final approval have been inspected as provided in § 225-47 of this chapter, and that such improvements meet the requirements of the Borough. Any improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guaranty.

Action by the Borough.

Within 45 days from the date of submission of the application and at the direction of the Planning Board, the Administrative Officer either shall notify the applicant in writing that the application has been determined to be incomplete or shall certify that the submission is a complete application. If the application is determined to be incomplete, the reasons for such determination shall be specified to the applicant and an appropriately revised plan may thereafter be submitted to the Administrative Officer as in the first instance. If the Administrative Officer neither certifies to the applicant that the application is complete nor notices the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete and the period for action by the Board shall commence.

The Planning Board shall take action on a final major site plan and/or subdivision application within 45 days after the application has been certified complete by the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least five copies of the plat or plan with a notation that it has been approved. The applicant shall furnish such copies to the Board for signing. In the case of final subdivisions only, the applicant shall include two Mylar copies of the approved lot.

After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Administrative Officer to each of the following within 10 days from the date of such approval:

Board files (Mylar if applicable);

Construction Official and Zoning Officer;

Borough Tax Assessor;

(d)

The applicant (Mylar if applicable); and

(e)

Such other municipal, county or state agencies or official as directed by the Board.

Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the County Clerk. In the event of failure to file within said 95 days, the approval of the minor subdivision shall expire and any further proceedings shall require the filing of a new sketch plat as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.

If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.

Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:

The zoning requirements applicable to the final approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.