Borough of Frenchtown, NJ Article V Administration, Procedures and Development Applications

§ 50-501 Establishment of Planning Board.

[Ord. No. 564, 9-6-2000]

A. Membership. The Planning Board shall have nine members, all of whom, except for the Class II member set forth below, shall be municipal residents. The membership shall consist of the following four classes:

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

(2) Class II. One of the officials of the municipality other than a member of the Borough Council to be appointed by the Mayor.

(3) Class III. A member of the Borough Council to be appointed by it.

(4) Class IV. Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office except that one Class IV member may be a member of the Board of Education. For the purposes of this section, membership on a municipal board or commission which is discretionary, advisory in nature and not required by statute shall not be considered the holding of a municipal office. The member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:55A-1 shall be a Class IV Planning Board member.

B. Terms. The term of the member composing Class I shall correspond with the Mayor's official tenure. If a Mayor's designee serves in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The terms of the Class IV members shall be for four years, except in the case of the Class IV member who is also a member of the Environmental Commission, whose term shall either terminate at the completion of his term as a member of the Environmental Commission or shall be for three years, whichever occurs first. If a Class IV member is also a member of the Board of Education, his term shall terminate whenever he is no longer a member of that body or at the completion of his Class IV term, whichever occurs first. All terms shall run from January 1 of the year in which the appointment is made.

C. Vacancies and removals. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment as above provided for the unexpired term only. Any member other than a Class I member, after a public hearing if he requests it, may be removed by the Borough Council for cause.

D. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from among the regular members of Class IV and select a Secretary who may be either a regular or alternate member of the Planning Board or a municipal employee designated by it. An alternate member shall not serve as Chairman or Vice Chairman of the Board.

E. Alternate members.

(1) The Mayor may appoint up to two alternate Class IV members of the Planning Board. The alternates shall meet the qualifications for Class IV members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years each and shall be such that the term of not more than one alternate member shall expire in any given year, provided that no alternate member shall be appointed for a term exceeding two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

(2) Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

F. Conflict of interest. No regular or alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

G. Planning Board attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board attorney, who shall be an attorney other than the municipal attorney.

H. Experts and staff. The Planning Board may also employ or contract for the services of experts and such other staff and services as it may deem necessary. The Borough Council shall make provision in its budget and appropriate funds for the expenses of the Planning Board. Such expenses shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for use by the Planning Board.

I. Powers and duties generally. The Planning Board shall adopt bylaws governing its procedural operations. It shall also have the following powers and duties:

(1) To make and adopt and from time to time amend a Master Plan to guide the use of land within the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.

(2) To administer the site plan and subdivision review provisions of this chapter in accordance with the provisions of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

(3) To participate in the preparation and review of programs or plans required of the Planning Board by state or federal law or regulations.

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

(5) Upon request, to assist the Borough Council in preparation of a program of municipal capital improvement projects and amendments thereto.

(6) To consider and make a report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the Mayor and Borough Council, pursuant to the provisions of N.J.S.A. 40:55D-26(b).

(7) To review applications for approval of conditional uses.

(8) To perform such other advisory duties as are assigned to it by ordinance or by resolution of the Borough Council for the aid and assistance of the Borough Council or other municipal agencies or officers.

J. Additional powers.

(1) The Planning Board shall exercise to the same extent and, subject to the same restrictions, all of the statutory powers of a Zoning Board of Adjustment, except that the Class I and Class III members of the Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70d [Subsection J(6) hereinbelow]. These statutory powers include the powers to:

(a) Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

(b) Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit for a building or structure not related to a street meeting the requirements of N.J.S.A. 40:55D-35.

(c) Hear and decide appeals where it is alleged by the appellant that there is error in any order, required decision or refusal made by an administrative officer or agency based on or made in the enforcement of this chapter. The Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.

(d) Hear and decide requests for interpretation of the Zoning Map or of this chapter or for decisions upon other special questions upon which the Board is authorized by ordinance to pass.

(e) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or, where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2) would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning requirements; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and further provided that no variance from those departures enumerated in Subsection J(6) hereinbelow shall be granted under this subsection.

(f) In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations to permit:

[1] A use or principal structure in a district restricted against such use or principal structure;

[2] An expansion of a nonconforming use;

[3] Deviation from a specification or standard pertaining solely to a conditional use;

[4] An increase in the permitted floor area ratio;

[5] An increase in the permitted density except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or

[6] A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members.

(2) If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection J(6) herein, the decision on the requested variance or variances shall be rendered under Subsection J(5) of this chapter.

(3) No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.

(4) An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Board shall act.

(5) Whenever relief is requested pursuant to this section, notice of a hearing on the application for development shall include reference to the request for variance or direction for the issuance of a permit, as the case may be.

(6) The developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided by law for the approval in question and the special vote required for a variance pursuant to N.J.S.A. 40:55D-70d [Subsection J(6) herein] shall not be required.

§ 50-502 Procedures.

[Ord. No. 564, 9-6-2000]

A. Meetings.

(1) Meetings of the Planning Board shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

(2) Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the members and the public in accordance with all applicable legal requirements.

(3) No action shall be taken at any meeting without a quorum being present, said quorum to be the majority of the full authorized membership of the Board.

(4) All actions shall be taken by majority vote of the members of the Board present at the meeting except as otherwise required by this chapter or by a provision of N.J.S.A. 40:55D-1 et seq. The failure of a motion for approval to receive the number of votes required to approve an application for development shall be deemed an action denying the application. A member of the Board who has been absent for one or more of the meetings at which a hearing was held, or who was not a member of the Board at such time, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence therefrom; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he or she was absent, and certifies in writing to the Board that he or she has read such transcript or listened to such recording.

(5) All regular meetings and all special meetings shall be open to the public, except as provided in the Open Public Meetings Law C. 231, Laws of New Jersey, 1975.[1] Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law C. 231, Laws of New Jersey, 1975. An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting for the purposes of this section.

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

B. Public hearings.

(1) The Planning Board shall hold a hearing on each application for development, as well as on any adoption, revision or amendment to the Master Plan. The Board shall make rules governing such hearings.

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

(3) The officer presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, C.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

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

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

C. Public notice of a hearing.

(1) Public notice of a hearing shall be given for the following applications for development:

(a) Any request for a variance, interpretation or appeal from a determination of an administrative officer;

(b) Any request for conditional use approval;

(c) Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street;

(d) Any request for site plan and/or subdivision approval involving one or more of the aforesaid elements;

(e) Any request for preliminary approval of a major subdivision and/or site plan;

(f) Any request for approval of a planned development;

(g) Extensions of approvals pursuant to N.J.S.A. 40:55D-49d or 52b for five or more years; and

(h) Modification or elimination of a significant condition or conditions in a memorializing resolution approving any application for development which development application originally required public notice.

(2) The Secretary of the Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:

(a) By publication in the official newspaper of the Borough.

(b) By notification by personal service or certified mail to the entities listed below. An affidavit of proof that the required notification was given shall be filed by the applicant with the municipal agency at, or prior to, the hearing. It is not required that a return receipt is obtained; notice shall be deemed complete upon mailing (N.J.S.A. 40:55D-14).

[1] To all owners of real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to: (1) the condominium association, in the case of any unit owner whose unit has a unit above or below it; or (2) the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

[a] Notice to a partnership owner may be made by service upon any partner.

[b] Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

[c] Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common element or areas.

[2] To the Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of said adjoining municipality or municipalities.

[3] To the Hunterdon County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

[4] To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway.

[5] To the State Planning Commission when the hearing involves an application for the development of property which exceeds 150 acres or 500 dwelling units, in which case, the notice shall include a copy of any maps or documents required to be filed with the Borough.

[6] To any public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality pursuant to N.J.S.A.40:55D-12.1, when the application involves a major subdivision or a site plan, by service upon the person named on the registration form at the address shown on the registration form.

(3) Upon the written request of an applicant, the Administrative Officer shall, within seven days, make and certify a list from current tax duplicates of the names and addresses of all owners within the Borough to whom the applicant is required to give notice. In addition, the Administrative Officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice on behalf of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality. The applicant shall be charged $0.25 per name or $10, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner or public utility or cable television company not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for obtaining the names of and giving proper notice to all property owners within 200 feet of the property which is the subject of the hearing who do not reside within the Borough.

(4) The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including each approval sought, and an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.

D. Records.

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

(2) The Board shall arrange for a verbatim recording to be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense, provided that the charge for a transcript or tape shall not exceed the actual cost of preparing the transcript or tape. Each transcript shall be certified in writing by the transcriber to be accurate.

E. Decisions.

(1) Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.

(2) The Board shall provide the findings and conclusions through:

(a) A resolution adopted at a meeting held within the time period provided in this chapter for action by the Board on the application for development; or

(b) A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted by the vote of that member. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution.

(3) The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the required mailings, filings and publications.

(4) If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys' fees, shall be assessed against the municipality.

F. Notice of decisions. Any decision of the Board when acting upon an application for development and any decision of the Borough Council when acting upon an appeal shall be given notice in the following manner:

(1) A copy of the decision shall be mailed by the appropriate Borough authority within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his attorney, without separate charge and to all who request a copy of the decision, for a reasonable fee.

(2) The Administrative Officer shall cause a brief notice of the decision to be published in the official newspaper of Frenchtown Borough, with the cost of such publication to be charged to the applicant's escrow account; provided, however, that nothing herein shall be construed to prevent the applicant from also arranging such publication. The Administrative Officer shall forward the notice to the official newspaper within 10 days of the date of the decision for publication as soon as possible thereafter. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or by the applicant.

(3) A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as that established for copies of other public documents in the Borough. Such filed decision shall be available for public inspection at the office of the Administrative Officer during regular business hours.

G. Appeals.

(1) Appeals to the Board pursuant to N.J.S.A. 40:55D-70a [§ 50-501J(3) of this chapter] may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of this chapter or the Official Map, if there be one, upon notice as set forth in Subsection C above. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2) A developer may file an application for development with the Board for action under any of its powers without prior application to an administrative officer.

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

§ 50-503 Appeal of decisions.

[Ord. No. 564, 9-6-2000]

Any interested party may appeal any final decision of the Board to a court of competent jurisdiction according to law.

§ 50-504 Applicability.

[Ord. No. 564, 9-6-2000]

A. Subdivision review. All subdivisions, as defined in § 50-104, are subject to the review procedures specified herein.

B. Site plan review.

(1) No construction permit shall be issued for any new structure or for an alteration or addition to an existing structure or site and no certificate of occupancy shall be issued for any new use of any existing structure or site which requires more parking than required by the previous use until the site plan has been reviewed and approved by the Board in accordance with this section, except that a construction permit for an agricultural use or for a single-family detached dwelling or two-family dwelling and/or their permitted accessory building(s) on a lot shall not require site plan approval and further provided that site plan approval shall not be required for any interior-only alterations to nonresidential structures if, in the opinion of the Zoning Officer, the proposed interior alteration does not require an accompanying exterior alteration, will not increase the need for parking on the site, will not result in a change in the use of a building or site, will not alter the exterior of the building and will not create or increase any violations of the terms of this chapter. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and obtain such other approvals as may be required pursuant to other ordinances or jurisdictions.

(2) Dumpsters (except as required during construction) or recycling containers and other installations, whether permanent or temporary, shall not be placed out-of-doors on any site containing other than a single or two-family dwelling except as authorized by an approved site plan.

(3) No demolition permit shall be issued for any existing structure and no existing structure shall be demolished in the R-4A, R-4B and R-4C Districts until a site plan has been reviewed and approved by the Board in accordance with this section.

C. Waivers.

(1) The Board may, upon request of the applicant, waive the requirement for site plan review if the total value of construction or alteration is less than $40,000, or if the nature and extent of construction or alteration is considered a part of normal repair, maintenance or replacement; and any procedural requirements of the application process may also be waived.

(2) In the event any of the required items for a subdivision plat or site plan or other supporting documents are not applicable to the proposed development, the applicant shall request a waiver in writing from the Board of those specific items, and such items may be waived if the Board determines that they are not required for the review of the subdivision or site plan. This subsection shall not be construed to permit a waiver of any substantive zoning requirement.

D. Variances and other relief.

(1) Any appeal, application for variance relief, or application for direction of the issuance of a permit, whether or not such application also involves a related site plan, subdivision or conditional use approval, shall be filed at least 21 days prior to the regular meeting of the Board. The filing shall include 15 copies of any required maps and related materials as elsewhere provided in this article for the type of application submitted; 15 completed copies of the appropriate application form(s), which shall include the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 included as an attachment to this chapter; 15 copies of the Zoning Officer's denial of the application for a zoning permit; the escrow agreement, escrow deposit and application fees with list of specific fees covered; and certification by the Tax Collector that all taxes are paid to date.

(2) The Board shall render a decision not later than 120 days after a complete application is submitted for development or an appeal is taken from the decision of an administrative officer. Failure of the Board to render a decision within the required time period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. In the event that the developer elects to submit separate consecutive applications for the variance and for any required subdivision and/or site plan approval(s), the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.

(3) A variance or variances shall expire if the applicant has failed to exercise his rights under the variance approval within two years of the date of the Board's decision to grant the variance. Exercising rights shall mean either applying for a construction permit or applying for such subsequent site plan or subdivision approval as may be required prior to the applicant's obtaining a construction permit.

(a) For variances granted prior to the effective date of this chapter, the two-year period shall commence as of the effective date of this chapter. For variances which become the subject of litigation, the two-year period shall commence on the date of the last reviewing court's decision to grant the variance.

(b) For good cause shown, and after a hearing before the Board on notice in the manner required for original variance applications, the Board may extend the variance by resolution. Any extension may not exceed one year in duration and no more than four such extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended.

E. Informal review.

(1) At the request of a developer, the Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application.

(2) The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).

(3) The developer shall not be bound by any concept plan for which review is requested, and the Board shall not be bound by any such review.

(4) A developer desiring to have a concept plan informally reviewed by the Board shall so notify the Administrative Officer at least 21 days prior to the regular meeting of the Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Board for the informal review.

(5) Following a concept plan review for a minor subdivision, the applicant may proceed to submit an application for final approval.

(6) To assist the Board in its review of the concept plan, it is recommended that the concept plan provide or comply with at least the following:

(a) Clearly and legibly drawn.

(b) Existing and proposed street and lot layout, with dimensions, showing any proposed changes.

(c) Area of original tract and proposed lots, for a subdivision, or of entire parcel, for a site plan.

(d) Intentions for water and sewage treatment.

(e) Existing structures and uses and proposed structures and uses.

(f) All required setback lines.

(g) Any existing or proposed easements or rights-of-way.

(h) Block and lot number for the tract and all adjacent lots.

(i) North arrow and scale.

(j) The name, address and phone number of the owner, developer and person preparing the plan.

F. Fire Department review and inspection.

[Added 11-2-2011 by Ord. No. 703]

(1) Prior to the holding of any public hearing on any application for major or minor subdivision, or major or minor site plan approval, or a variance approval, the applicant shall notify the Borough of Frenchtown Fire Department by following the checklist requirements contained in the Minor Subdivision Plat Checklist, Preliminary Major Subdivision Plat Checklist, Final Major Subdivision Plat Checklist and Variance Application Checklist to allow for review and comment by the Fire Department.[1]

[1] Editor's Note: Said checklists are included as attachments to this chapter.

(2) Prior to construction, the applicant shall furnish to the Fire Department one copy of a general plat of such application on 8.5-by-11-inch paper, in notebook form, with all road names and water supply points clearly delineated, suitable for use to assist in locating such development or locations therein under emergency circumstances.

(3) Prior to the issuance of a certificate of occupancy for any major or minor subdivision, or major or minor site plan, or variance approval, the applicant shall contact the Borough of Frenchtown Fire Department and permit the Fire Department to inspect and familiarize their personnel with the site unless the Fire Department determines that there is no necessity for any such inspection.

(4) The requirements of this Subsection F shall not apply to applications for approval of a sign.

§ 50-505 Submission of minor subdivision plats.

[Ord. No. 564, 9-6-2000]

A. Procedure for submitting minor subdivision plats. The applicant shall submit to the Administrative Officer, at least 21 days prior to the regular meeting of the Board, at least 15 black- or blue-on-white copies of the plat; 15 completed copies of the application form; 15 completed copies of the checklist; 15 copies of any protective covenants, deed restrictions and easements applying to the land being developed (or include this information in the metes and bounds description); 15 copies of the Zoning Permit; the escrow agreement, escrow deposit and application fees with list of specific fees covered; and certification by the Tax Collector that all taxes are paid to date.

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

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

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

(a) Name of subdivision or development, Frenchtown Borough, Hunterdon County.

(b) Name, title, address and telephone number of subdivider or developer.

(c) Name, title, address and license number of the professional or professionals who prepared the plat or plan.

(d) Name, title and address of the owner or owners of record.

(e) Scale.

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

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

(4) Approval signature and date lines:

(a) Chairman.

(b) Secretary.

(c) Borough Engineer.

(d) Approval date line.

(e) Filing deadline date line.

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

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

(7) The locations of existing and proposed property lines (with bearings and distances), streets, alleys, existing structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), signs, parking spaces, loading areas, driveways, railroads, bridges, culverts, stone walls or stone rows, drain pipes, any natural features such as wetlands and treed areas, any specimen trees, any historic features such as family burial grounds and buildings more than 50 years old and buildings included on any national or state register of historic sites, both within the tract and within 200 feet of its boundary.

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

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

(10) Delineation of floodplains, including both floodway and flood-fringe areas, within the tract and within 100 feet thereof.

(11) Existing contours as shown on the USGS topographic sheets and spot elevations in the vicinity of the corners of any proposed structure(s).

(12) Marshes, ponds, watercourses, wetlands and anticipated or delineated wetlands transition areas. If a letter of interpretation (LOI) or permit(s) concerning wetlands has (have) been requested of or issued by the NJDEP, a copy of the material submitted and LOI or permit(s) issued.

(13) The names of all adjacent property owners as they appear on the most recent Tax List prepared by the Borough Tax Assessor.

(14) Certificate from the Borough Tax Collector that all taxes and assessments are paid to date; and, if the processing of the application extends into any subsequent tax quarter, a current certificate from the Tax Collector shall be required by the Board before approval may be granted.

(15) Existing and proposed monuments.

(16) Utility plans showing feasible connections to any existing or proposed public utility systems, including letters from the applicable utilities indicating the ability to provide service. If the proposed lot(s) is (are) not served by a public sanitary sewer or water system, the date of approval by the Board of Health of applicable site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system and/or well. The location(s) of test hole(s), proposed location(s) of septic disposal areas, percolation and/or pump test results and compliance with state requirements and applicable Borough ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.

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

(18) No minor subdivision involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

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

(20) Proposed shade tree plantings. (See § 50-707.)

C. Action by the Borough.

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

(a) If said application is found to contain all of the information required herein, the Board shall direct the Administrative Officer to certify that said application is complete.

(b) If said application is found to lack some of information required herein, the Board shall either:

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

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

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

(d) In the event the Board fails to act within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

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

(3) If certified as a complete application, the applicant shall be so notified and a public hearing date shall be set. Notice of the public hearing shall be given by the applicant in accordance with § 50-502. The applicant shall send an appropriate number of copies of the plat and all application materials to the Borough Engineer, the Borough Planner (if requested), and any other agency or person as directed by the Administrative Officer, for review and comment. The applicant shall also submit three copies of the plat and supporting data to the Hunterdon County Planning Board along with the County Planning Board's application form. Proof shall be submitted by the applicant that the copies of the application and supporting materials were received by the above agencies. Board approval will be conditional upon the applicant's obtaining necessary approvals from all requisite local, county and state agencies, and the Board shall require proof that such approvals have been requested or granted prior to granting minor subdivision approval.

(4) The Board shall take action on minor subdivision applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any minor subdivision application which includes any requested variance relief shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5) Any designated Subdivision Committee shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The Subdivision Committee shall offer its recommendations to the Board prior to the meeting at which the Board is required to take action on the application.

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

(7) When a minor subdivision is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy of a reproducible tracing. At least 10 prints of the plat and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Borough Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward to the applicant a copy of the approval resolution, adopted in accordance with § 50-502 of this chapter, within 10 days of the adoption by the Board.

(8) When a minor subdivision is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward to the applicant a copy of the disapproval resolution, adopted in accordance with § 50-502 of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

(9) Within 190 days from the date on which the resolution of approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P.L. 190, c. 141 (N.J.S.A. 46:29-9:9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. All plats requiring final approval or deeds requiring approval shall be submitted in a timely fashion following approval to the appropriate Borough officer. Unless filed within said 190 days, the minor subdivision approval shall expire and will require Board approval as in the first instance, except that the Board may extend the 190-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(10) 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 on which the resolution of minor subdivision approval is adopted by the Board, provided that the approved minor subdivision shall have been duly recorded.

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

(12) Before the Administrative Officer returns any signed minor subdivision plat to the applicant, all conditions of the approval, if any, must be met by the applicant. The applicant shall provide such additional copies of the approved plat as may be necessary in order to furnish copies to each of the following:

(a) Borough Engineer: a map of the plat drawn to the Tax Map scale, as directed by the Borough Engineer;

(b) Zoning Officer;

(c) Borough Tax Assessor;

(d) Borough Board of Health;

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

(f) If the applicant is confirming a minor subdivision by recording the deed(s), a copy of the recorded deed(s) shall be furnished to the Borough Clerk.

§ 50-506 Submission of preliminary major subdivision plats and preliminary site plans.

[Ord. No. 564, 9-6-2000]

A. Procedure for submitting preliminary major subdivision plats and preliminary site plans.

(1) The applicant shall submit to the Administrative Officer at least 21 days prior to the regular meeting of the Board, at least 15 black- or blue-on-white copies of the plat or plan; 15 completed copies of the application form; 15 completed copies of the checklist; 15 copies of any protective covenants, deed restrictions and easements applying to the land being developed (or include this information in the metes and bounds description); 15 copies of any drainage calculations; 15 copies of the zoning permit; the escrow agreement, escrow deposit and application fees with list of specific fees covered; and certification by the Tax Collector that all taxes are paid to date.

(2) The application shall also include an Environmental Impact Statement (see Subsection C) and/or a written request for a waiver of any or all of its requirements. If a waiver is requested, the Board shall either approve, approve in part, or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data at least 21 days prior to the date the Board is required to act on the application.

(3) Any corporation or partnership applying for permission to subdivide a parcel of land into six or more lots, or for a variance to construct a multiple dwelling of 25 or more units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder, or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion established in this act have been listed. Neither the Board nor the Borough Council shall approve the application of any corporation or partnership which does not comply with the requirements of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or partnership shall be as set forth in N.J.S.A. 40:55D-48.1.

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

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

(2) Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 44:8-36), including:

(a) Name of subdivision or development, Frenchtown Borough, Hunterdon County.

(b) Name, title, address and telephone number of subdivider or developer.

(c) Name, title, address and license number of the professional or professionals who prepared the plat or plan.

(d) Name, title and address of the owner or owners of record.

(e) Scale (written and graphic).

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

(3) North arrow.

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

(5) Approval signature lines:

(a) Chairman.

(b) Secretary.

(c) Borough Engineer.

(d) Approval date line.

(e) Filing deadline date line.

(6) Acreage to the nearest 10th of an acre and a computation of the area of the tract to be disturbed.

(7) The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent Tax List prepared by the Borough Tax Assessor.

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

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

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

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

(12) The locations and species associations of all existing individual trees or groups of trees having a caliper of eight inches or more measured three feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The locations of all proposed plantings shall also be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant proposed, keyed to the plan or plat.

(13) Wetlands and anticipated or delineated wetlands transition areas. If a letter of interpretation (LOI) and/or permit(s) concerning wetlands has (have) been requested of or issued by the NJDEP, a copy of the material submitted and LOI or permit(s) issued.

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

(a) A report on the status of review by the NJDEPE, Division of Water Resources, in the event a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream.

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

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

[2] At 100-foot intervals up to 500 feet upstream and downstream of any point of juncture of two or more watercourses within the tract.

[3] At 100-foot intervals for a distance of 500 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract.

[4] At a maximum of 100-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.

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

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

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

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

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

(15) Existing contours at intervals of one foot where slopes are less than 2%; at intervals of two feet where slopes are between 2% and 15%; and at intervals of five feet where slopes exceed 15%. All contour information shall refer to a known datum. Existing contours shall be shown as dashed lines.

(16) A tract grading plan showing proposed contours (finished grades) in solid lines at intervals of one foot.

(17) Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

(18) Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any historic features such as family burial grounds, buildings more than 50 years old and buildings included on any national or state register of historic sites, both within the tract and within 200 feet of its boundary.

(19) Size, height relative to proposed finished grades, locations, preliminary architectural elevations and floor plans of all proposed buildings, structures, signs (or sign plan) and lighting facilities, in detail.

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

(21) The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries.

(22) The proposed screening, buffering and landscaping, including a landscaping plan and shade tree plantings.

(23) The location and design of any off-street parking areas, showing sizes and locations of bays, aisles and barriers.

(24) All means of vehicular ingress and egress to and from the site onto public streets, showing the sizes and locations of driveways and curb cuts, including the proposed utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent difficult traffic situations.

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

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

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

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

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

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

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

(28) Plans, typical cross-sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets and alleys abutting the tract. The vertical alignments shall be based on USGS vertical datum or a more specified datum supplied by the Borough Engineer, including curbing, sidewalks, storm drains, drainage structures and cross-sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.

(29) Any existing and proposed protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

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

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

(32) Certificate from the Borough Tax Collector that all taxes and assessments are paid to date, and if the processing of the application extends into any subsequent tax quarter, a current certificate from the Tax Collector shall be required by the Board before approval may be granted.

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

C. Environmental impact statement.

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

(a) All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.

(b) Any application for subdivision approval where 10 lots or less are involved and all applications for site plan approval involving an existing developed site shall not require an Environmental Impact Statement unless specifically requested by the Board.

(c) All preliminary major subdivision applications for more than 10 lots and all preliminary site plan applications involving the development of vacant land shall be accompanied by an Environmental Impact Statement unless specifically waived by the Board.

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

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

[1] Frenchtown Borough Master Plan.

[2] Master plans of adjacent municipalities.

[3] Hunterdon County Master Plan.

[4] State Development and Redevelopment Plan.

[5] Other pertinent planning documents.

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

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

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

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

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

[5] Wildlife. Identify and describe any unique habitats of endangered or protected species.

[6] Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.

[7] Distinctive scenic and/or historic features. Describe and map those portions of the site that can or may be considered to have distinctive scenic and/or historic qualities.

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

[9] Miscellaneous. When warranted, an analysis should be conducted of existing air quality and noise levels as prescribed by the NJDEPE.

(c) Impacts. Discuss both the adverse and positive impacts during and after construction. Indicate those adverse impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where necessary and possible:

[1] Soil erosion and sedimentation resulting from surface runoff.

[2] Flooding and floodplain disruption.

[3] Degradation of surface water quality.

[4] Groundwater pollution.

[5] Reduction of groundwater capabilities.

[6] Sewage disposal.

[7] Solid waste disposal.

[8] Vegetation destruction.

[9] Disruption of wildlife habitats of endangered and protected species.

[10] Destruction or degradation of scenic and historic features.

[11] Air quality degradation.

[12] Noise levels.

[13] Energy utilization.

(d) Environmental performance controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate adverse impacts that could result from the proposed project. Of specific interest are:

[1] Drainage plans which shall include soil erosion and sedimentation controls.

[2] Sewage disposal techniques.

[3] Water supply and water conservation proposals.

[4] Energy conservation measures.

[5] Noise reduction techniques.

[6] Light pollution avoidance techniques.

[7] Preservation, restoration and/or adaptive reuse of historic structures and retention of historic and scenic resources.

(e) Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Borough, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. When approvals are pending, a note shall be made to that effect.

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

(3) Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

D. Action by the Borough.

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

(a) If said application is found to contain all of the information required herein, the Board shall direct the Administrative Officer to certify that said application is complete.

(b) If said application is found to lack some of the information required herein, the Board shall either:

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

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

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

(d) In the event the Board fails to act within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

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

(3) If certified as a complete application, the applicant shall be so notified and a public hearing date shall be set. Notice of the public hearing shall be given by the applicant in accordance with § 50-502. The applicant shall send an appropriate number of copies of the plat or plan and all application materials to the Borough Engineer, the Borough Planner (if requested), and any other agency or person as directed by the Administrative Officer, for review and comment. The applicant shall also submit three copies of the plat or plan and supporting data to the Hunterdon County Planning Board along with the County Planning Board's application form. Proof shall be submitted by the applicant that the copies of the application and supporting materials were received by the above agencies. Board approval will be conditional upon the applicant's obtaining necessary approvals from all requisite local, county and state agencies, and the Board shall require proof that such approvals have been applied for or obtained before granting final approval.

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

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

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

(7) All hearings held on applications for preliminary major subdivision approval and preliminary 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 in accordance with § 50-502 of this chapter.

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

(9) 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 substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as provided for the initial plat or plan submission.

(10) 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 shall be adopted in accordance with § 50-502 of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

E. Effect of preliminary approval.

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

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

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

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

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

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

(b) Economic conditions; and

(c) The comprehensiveness of the development.

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

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

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

(c) Economic conditions; and

(d) The comprehensiveness of the development.

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

(4) Whenever the Board grants an extension of preliminary approval pursuant to Subsection E(1) through (3) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(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. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection E(1) through (3) of this section.

(6) When the applicant wishes to start site disturbance pursuant to an approved preliminary subdivision or site plan, the applicant shall apply to the Borough Engineer for a permit to undertake said work. The permit shall not be issued unless all of the conditions of the preliminary approval have been satisfied.

§ 50-507 Submission of final major subdivision plats and final site plans.

[Ord. No. 564, 9-6-2000]

A. Procedure for submitting final plats and final plans.

(1) The applicant shall submit to the Administrative Officer at least 21 days prior to the regular meeting Board, at least 15 black- or blue-on-white copies of the plat or plan; 15 completed copies of the application form; 15 completed copies of the checklist; 15 copies of any protective covenants, deed restrictions and easements applying to the land being developed (or include this information in the metes and bounds description); the escrow agreement, escrow deposit and application fees with list of specific fees covered; and certification by the Tax Collector that all taxes have been paid to date.

(2) Any corporation or partnership applying for permission to subdivide a parcel of land into six or more lots, or for a variance to construct a multiple dwelling of 25 or more units, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder, or partner in a partnership, until the names and addresses of the non-corporate stockholders and individual partners exceeding the 10% ownership criterion established in this act have been listed. Neither the Board nor the Borough Council shall approve the application of any corporation or partnership which does not comply with the requirements of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or partnership shall be as set forth in N.J.S.A. 40:55D-48.1.

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

(1) All details required for preliminary major subdivision plats and preliminary site plans.

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

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

(4) Detailed architectural and engineering data including:

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

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

(c) 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 the U.S. Geodetic Survey System, with the data on the plat as to how the bearing were determined.

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

(a) Certification from the Borough Tax Collector that all taxes and assessments are paid to date, and if the processing of the application extends into any subsequent tax quarter, a current certificate from the Tax Collector shall be required by the Board before approval may be granted.

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

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

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

[2] Posted a performance guarantee in accordance with § 50-602 of this chapter.

(d) A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in § 50-602 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.

(e) Proof that all required approvals by other local, county or state agencies have either been applied for or granted.

C. Action by the Borough.

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

(a) If said application is found to contain all of the information required herein, the Board shall direct the Administrative Officer to certify that said application is complete.

(b) If said application is found to lack some of the information required herein the Board shall either:

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

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

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

(d) In the event the Board fails to act within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

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

(3) If certified as a complete application, the applicant shall be so notified and a public hearing date shall be set. The applicant shall send an appropriate number of copies of the plat or plan and all application materials to the Borough Engineer, the Borough Planner (if requested), and any other agency or person as directed by the Administrative Officer for review and comment. The applicant shall also submit three copies of the plat or plan and supporting data to the Hunterdon County Planning Board along with the County Planning Board's application form. Proof shall be submitted by the applicant that the copies of the application and supporting materials were received by the above agencies. Board approval will be conditional upon the applicant's obtaining necessary approvals from all requisite local, county and state agencies, and the Board shall require proof that such approvals have been requested or granted prior to granting final approval.

(4) The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any final site plan or final subdivision application which includes any requested variance relief shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

(5) The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Borough Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Borough Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signature to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

(6) After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 50-502E of this chapter:

(a) Administrative officer: one paper copy.

(b) Borough Engineer: one paper copy and, in the case of subdivisions only, one Mylar copy drawn to the Tax Map scale, as directed by the Borough Engineer.

(c) Construction official: one paper copy.

(d) Zoning Officer: one paper copy.

(e) Borough Tax Assessor: one paper copy.

(f) The applicant: one copy and, in the case of subdivisions only, one Mylar copy.

(g) Such other Borough, county or state agencies and officials as directed by the Board: paper copies.

(7) 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 Recording Officer. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.

(8) The Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals as determined by the Board. The developer may apply for an extension either before or after the original expiration date.

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

D. Effect of final approval.

(1) Final approval of a major subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the plat shall have been duly recorded:

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

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

(2) In the case of a subdivision of or site plan for a residential cluster of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

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

(b) Economic conditions.

(c) The comprehensiveness of the development.

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

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

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

(c) Economic conditions.

(d) The comprehensiveness of the development.

(4) Whenever the Board grants an extension of final approval pursuant to Subsection D(1) through (3) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(5) The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection D(1) through (3) of this section.

§ 50-508 Checklists.

[Ord. No. 564, 9-6-2000]

The checklists are included as attachments to this chapter.