Borough of Shrewsbury, NJ Development Applications; Procedures and Plat Details

The erection or construction of new buildings or structures.

Any alteration, repair or remodeling which increases the lot coverage or requires a variance, waiver or interpretation of this chapter.

The use or occupancy of any building, structure or land.

Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.

The conversion of a building or structure to a different use in accordance with § 94-2.3, Terms defined, "change in use."

Demolition or removal of any historic structure or any building or structure within an Historic District.

§ 94-6.2 Application for zoning permit.

[Amended 4-9-1990 by Ord. No. 607; 12-13-1993 by Ord. No. 670; 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

Applications should first be made to the administrative officer (Zoning Officer) for issuance of a zoning permit by any person proposing to undertake any regulated or exempt activity.

If the administrative officer (Zoning Officer) shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34, he shall issue a zoning permit, and the applicant may then apply for a building permit and/or other permits that may be required.

If the administrative officer (Zoning Officer) shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-1 et seq., he shall instruct the applicant that Land Use Board approval of an application for a development variance and/or direction for issuance of a building permit is required before a zoning permit may be issued, allowing the applicant to apply for a building permit and/or other permits that may be required.

An application for a zoning permit shall be in writing by the owner or his authorized agent and include the following:

A statement of the use or intended use or uses of the building, structure or land.

An elevation, drawn to scale, of the building or structures to be erected, including signs to be placed thereon and their content and manner of construction.

A plan, drawn to scale, showing all proposed and/or existing buildings, signs, parking areas, setbacks and yard distances in exact relation to street and lot lines.

The proportion of existing and proposed lot coverage.

The administrative officer (Zoning Officer) shall take action on a complete application for a zoning permit within 10 days of its submission.

If the administrative officer (Zoning Officer) shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Land Use Board approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals is required:

Site plan.

Subdivision.

Variance.

Conditional use.

Direction for issuance of a building permit.

The Land Use Board shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, a preliminary plat of a major subdivision, a minor site plan or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.

§ 94-6.3 Informal review.

[Amended 12-7-2020 by Ord. No. 2020-1077]

At the request of the developer, the Land Use Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall submit any fees required in § 94-3.14 for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Land Use Board shall not be bound by any such review. Such review shall be limited to planning concepts, and no written reaction to the review shall normally be provided by the Board.

§ 94-6.4 Applications for development requiring Land Use Board action.

[Amended 7-11-1988 by Ord. No. 575; 12-13-1993 by Ord. No. 670; 11-13-1995 by Ord. No. 708; 12-9-1996 by Ord. No. 725; 8-18-2003 by Ord. No. 811; 9-6-2011 by Ord. No. 968; 12-7-2020 by Ord. No. 2020-1077]

Submission requirements. All applications for development requiring Land Use Board action shall be submitted in accordance with the requirements set forth in §§ 94-6.4 through 94-6.11 of this chapter. Where an application involves approvals related to more than one section, the more-restrictive requirements shall apply.

Administrative review.

Upon receipt of an application for development, the administrative officer shall retain the original of the application and one copy of the plat maps and attachments and shall forward copies of the application and all plat maps, supporting attachments, exhibits and other information as submitted and the application checklist to the following:

Reviewing Agency	Application and Checklist	Subdivision Plat Maps and Attachments	Site Plan Maps and Attachments
Department of Public Works	1	1	1
Board Attorney	1	1	1
Borough Engineer	1	1	1
Land Use Board Subdivision and Site Plan Committee	1	1	1
Environmental Commission	1	1	1
Police Department	1	1	1
Board of Health	1	1	1
Construction Official	1	1	1
First Aid Squad	1	1	1
Fire Department	1	1	1
Fire Marshal	1	1	1
Sewerage Authority	1	3	1
Shade Tree Commission	1	1	6*
The applicant is responsible for applications and submission documents to county, state, federal or other applicable boards and agencies.

*	Note: Only overall site, landscape and topographic maps are required.

The Land Use Board may determine that additional distribution of the application, plat map and attachments should be made to other agencies, and, in such cases, the applicant may be required to submit additional prints.

Completeness review.

The Borough shall utilize the following completeness checklist, which shall be available from the administrative officer (Land Use Board Clerk) and is hereby adopted:

Development Application Checklist (Exhibit 1).[1]

Editor's Note: Said exhibit is included as an attachment to this chapter.

When all submission requirements have been fulfilled and, in case of major site plans, subdivisions and conditional uses, when completeness review reports have been received from the Borough Engineer certifying that the plans and attachments are in compliance with all submission requirements, the administrative officer (Land Use Board Clerk) will, if all other requirements have been met, deem the application complete and issue a certificate of completeness and forward the application to the municipal agency for hearing.

An application for development shall be deemed to be properly submitted unless the administrative officer determines that it does not fulfill the criteria for a complete application pursuant to § 94-6.5, Minor subdivisions; § 94-6.6, Minor site plans; § 94-6.7, Variances; § 94-6.8, Preliminary plat of major subdivision; § 94-6.9, Preliminary plat of major site plan; § 94-6.10, Final plat of major subdivision; § 94-6.11, Final plat of major site plan; and § 94-6.12, Exempt development; and the administrative officer has done the following:

Provided the applicant with a checklist indicating the criteria for a complete application; and

Notified the applicant in writing of the deficiencies of the submitted applications within 45 days of such application.

Engineering review. The Borough Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Land Use Board and the applicant of any technical deficiencies, required changes and/or recommended changes. Copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes, shall be submitted to the administrative officer for further review as required.

Conditional approvals.

After issuance of a certificate of completeness, all applications for development shall be acted upon by the Land Use Board within the time limits set forth in Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Land Use Board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.

If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Land Use Board to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Land Use Board and pay the fees for such revised approval set forth in § 94-3.14 of this chapter.

Board action. In acting upon an application for development for a subdivision or site plan, the Land Use Board shall consider whether the submittal complies with the following standards and regulations:

The proposed use is consistent with the Master Plan.

The plat submission contains all of the information and data required by this chapter.

The details and improvement standards of the plat are in accord with the standards of this chapter.

Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.

Adequate provision is made for safe and convenient pedestrian circulation.

Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.

Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Borough Engineer.

Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.

Adequate provision has been made for compliance with the performance standards of this chapter.

Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.

The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.

The proposed development is compatible with environmental and/or historical characteristics and conditions of the site and nearby parcels of land.

In any B-1, B-2 or HC/PO Zone where sidewalks will be used by pedestrians, the planned location of a developer-furnished litter receptacle may be required to be shown on the plat if no such litter receptacle exists within 1/4 mile of the proposed site. Section 42-7 of this codification shall apply to the servicing of such litter receptacles.

F.1.

Planned developments. Site plans for planned developments shall conform to the requirements for conventional site plans in accordance with the requirements of Chapter 94, Zoning and Land Development, as written and as the same may hereafter be amended, as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede site plan requirements. Approvals shall be for a period not to exceed five years from the date of the resolution granting approval. The following additional requirements shall be satisfied prior to final approval:

The staging proposals for any planned development shall ensure that each stage shall provide for completion of all streets, utilities and services necessary for the section, whether located within or outside the section.

The Land Use Board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the Borough.

The legal documents proposed to provide for deed restrictions, cross-access agreements and cross-maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or residents of the development in accordance with N.J.S.A. 40:55D-43.

Any areas designated as wetlands or wetland buffers shall be deed-restricted except for those lands for which state approval for development has been granted.

Reproduction of final site plans and plats and issuance of zoning permit. Approvals of all applications for development shall not be valid until all the following have taken place:

The administrative officer (Land Use Board Clerk) shall certify that all conditions of approval have been satisfied.

In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary of the Land Use Board, Borough Engineer and/or Borough Surveyor as required herein.

The applicant shall provide six copies of the plat and attachments. After the signature, the administrative officer shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant. One copy shall be retained in the files of the administrative officer, two copies shall be retained in the files of the Borough Engineer, one copy shall be retained in the files of the Construction Official, and one copy shall go to the applicant.

After signature and reproduction, the administrative officer shall return the reproducible original of the plat and attachments to the applicant.

For all applications for development that receive minor or final plat approval, the administrative officer shall issue a zoning permit after the plat has been signed. The date of the zoning permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to preliminary plats becomes valid shall be the date on which the plat is signed by the Chairman and Secretary of the Land Use Board. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date on which the Land Use Board granted the approval.

Waiver of requirements. The municipal agency may, upon specific written request of an applicant, consider and approve or deny requests for a waiver of submission requirements or for any of the specific plat detail requirements set forth in this article. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for the request of a waiver. An application which meets all submission and detail requirements will be considered complete. If a request for a waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications, and all time limits will recommence as for new applications.

§ 94-6.5 Minor subdivisions.

[Amended 12-13-1993 by Ord. No. 670; 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the Land Use Board Subdivision Committee shall determine that the following have been submitted in proper form:

A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

The Borough Engineer's report.

An application for state wetlands approval, where required.

Other submittals that may be required by the Borough Engineer, Land Use Board, or federal, state, county or municipal law.

The application for development for a minor subdivision or minor site plan shall include a request for the granting of any variances required.

Required application fees as set forth in § 94-3.14 of this chapter.

Thirty copies of a completed application form.

Thirty-three copies of a plat and attachments meeting the requirements set forth below.

Proof of service of notice in conformance with § 94-3.3D of this chapter.

Plat requirements.

General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 30 feet to the inch, shall conform to the provisions of the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and shall include or be accompanied by the information specified below:

All dimensions, both linear and angular, of the exterior boundaries of the subdivision, and all lots and lands reserved or dedicated for public use shall balance, and their descriptions shall close within a limit of error of not more than one part in 10,000.

The minor subdivision shall be based upon a current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys, certified to the subdivider and prepared or recertified by a licensed professional land surveyor.

Title block. A title block shall appear on all sheets and include:

A title to read "Minor subdivision."

The name of the subdivision, if any.

The Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

The acreage of the tract being subdivided to the nearest hundredth of an acre.

The names and addresses of the owner and subdivider so designated.

The date of the original and all revisions.

The name, signature, address and license number of the land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said land surveyor.

Detailed information.

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone district boundaries and Borough boundaries which are within 500 feet of the subdivision.

The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most-recent records of the Borough.

All zone district boundaries, Borough borders, existing public easements, Tax Map lot and block numbers, watercourses, floodways and flood hazard areas within 200 feet and both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.

All existing structures, with an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.

All proposed public easements or rights-of-way and the purposes thereof.

The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage, where required by the Board or Borough Engineer.

All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.

(h)

The North arrow.

(i)

Written and graphic scales.

(j)

A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exist.

(k)

Proposed lot and block numbers as assigned by the Borough Tax Assessor in accordance with the digitized lot-numbering system specifications promulgated by the New Jersey Division of Taxation.

(l)

Such other information as the municipal agency may require or request during the review of the application for classification and approval as a minor subdivision.

Action on minor subdivision application.

By the Land Use Board. If an application is referred to the Land Use Board, the Board will take action within 45 days of the date of submission of a complete application. Any referrals by the Subdivision Committee will be made in a timely manner so that the Board can take action within the time allowed.

By the Land Use Board. If an application for classification and approval as a minor subdivision is before the Land Use Board, it may be classified and approved as a minor subdivision by a majority vote of a quorum of the Board, with or without conditions. [If such action is simultaneous with action on a variance pursuant to § 94-3.1J(2)(d) of this chapter or N.J.S.A. 40:55D-70d, an affirmative vote of at least 2/3 of the full authorized membership of the Board is required.]

Time limits for minor subdivision approvals. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Land Use Board to act shall be issued upon request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3, the Borough Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period. Except as provided in Subsection C(5) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Land Use Board before it will be accepted for filing by the County Recording Officer.

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, provided that the approved minor subdivision shall have been duly recorded as provided in Subsection C(3) above.

The Land Use Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to Subsection C(3) if the developer proves to the reasonable satisfaction of the Land Use 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 Land Use Board. The developer may apply for an extension either before or after what would otherwise be the expiration date.

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

Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Land Use Board shall be subject to the following conditions being satisfied prior to the signing of the plat or issuance of a zoning permit:

Installation of or posting of performance guaranties for the installation of any improvements required by the Board.

Payment of any outstanding real estate taxes and property improvement assessments.

Monmouth County Planning Board approval, if not previously granted.

Northeast Monmouth County Regional Sewerage Authority approval, if not previously granted.

Submission of additional prints of the plat map and attachments for distribution, if required.

Publication of a notice of the decision of the Board by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Any other conditions which may be imposed by the Board or which may be required by federal, state or municipal law.

A condition setting forth the time within which all conditions must be satisfied as described in § 94-3.3F of this chapter.

Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in the following form shall be endorsed on the minor subdivision, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman, Secretary and Engineer of the Board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the subdivision plat shall be reproduced as provided in § 94-6.4G of this chapter, and the signed original shall be returned to the applicant.

Classified and approved as a minor subdivision by the Borough of Shrewsbury Land Use Board on _______________________.
	Chairman
Attest:
Secretary	Date
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Monmouth County on or before __________, which date is 190 days after approval as a minor subdivision by the Borough of Shrewsbury Land Use Board.
	Secretary
	Borough Engineer/Land Surveyor

§ 94-6.6 Minor site plans.

[Amended 12-13-1993 by Ord. No. 670; 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness, the Land Use Board Site Plan Committee shall determine that the following have been submitted in proper form. The administrative officer may schedule a minor site plan for consideration by the municipal agency upon submission of the items in Subsection A(1) through (8):

The Borough Engineer's report.

A copy of the application for granting of a CAFRA permit, where required and if submitted.

An application for a state wetlands permit, where required.

Other submittals that may be required by the Land Use Board or federal, state or municipal law.

The application for development for a minor site plan shall include a request for the granting of any variances required or other approvals required from the municipal agency.

Required application fees as set forth in § 94-3.14 of this chapter.

Thirty-three copies of a plat and attachments meeting the requirements set forth below.

Thirty-three copies of a completed application form.

Proof of service of notice in conformance with § 94-3.3D of this chapter.

Plan requirements. The plan shall include:

General requirements.

Any minor site plan presented to the municipal agency for its approval shall be drawn, signed and appropriately sealed by an architect, professional engineer, land surveyor and/or a professional planner licensed to practice in the State of New Jersey.

Site plans shall not be drawn at a scale smaller than one inch equals 30 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.

The site plan shall be based on a current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature and license number of the professional land surveyor making the same shall be shown on the map.

Title block. The title block shall appear on all sheets and include:

The title of "Minor site plan."

The name of the development, if any.

The Tax Map sheet, block and lot number of the site, as shown on the latest Tax Map, the date of which should also be shown.

The date of the original and all revisions.

The names and addresses of the owner and developer so designated.

The name(s), signature(s), address(es) and license number(s) of the engineer, architect, land surveyor or planner who prepared the plat and his/her embossed seal(s).

If the site plan contains more than one sheet, each sheet shall be numbered and titled.

A schedule shall be placed on the site plan indicating:

The area of the tract and site (the portion of the tract involved in the site plan).

The floor area of the existing and proposed building, listed separately.

The proposed use or uses and the floor area devoted to each use.

The zone district in which the site is located.

Proposed and required lot dimensions and front, rear and side setbacks.

Provided and required off-street parking spaces.

Square footage and percentage of the site retained in unoccupied open space.

The North arrow and written and graphic scales.

Sufficient spot elevations (United States Coast and Geodetic Survey datum) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils, where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Land Use Board in the determination of floodway and flood hazard area limits.

Paving and right-of-way widths of existing streets within 200 feet of the site.

The boundary, nature and extent of the wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof. Any specimen trees 12 inches or larger on the site as measured at four feet above the base shall be located and identified by species name.

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the site, with reference to surrounding areas, existing streets, the names of all such streets and any zone district boundaries or Borough boundaries which are within 500 feet of the subdivision.

The following shall also be required unless the administrative officer determines that they are not necessary to provide a full understanding of the application:

Existing, at the point of connection, and all proposed, manholes, sewer lines, waterlines, fire hydrants, utility poles and all other topographical features of a physical or engineering nature within the site and within 50 feet thereof.

All existing structures on the site and within 50 feet thereof, including the use thereof, and indicating those to be destroyed or removed and those to remain.

The location, use, finished grade level, ground coverage, first-floor and basement elevations, and front, rear and side setbacks of all buildings and other pertinent improvements.

Existing and proposed public easements or rights-of-way and the purposes thereof.

Zone district boundaries and Tax Map sheet, lot and block numbers and the names of owners of all properties across any street from or within 50 feet of the site.

The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.

The location and size of proposed loading docks.

(h)

The location of curbs and sidewalks.

(i)

Cross section(s) showing the composition of pavement areas, curbs and sidewalks.

(j)

An exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.

(k)

A landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized and planting details for trees, shrubs and/or ground cover.

(l)

The location of signs and drawn details showing the size, nature of construction, height and content of all signs.

(m)

Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

(n)

Floor plans and building elevation drawings of any proposed structure or structures or existing structures to be renovated.

(o)

A written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards; and the written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

Such other information as the municipal agency and/or the Borough Engineer may request during site plan review.

Conditions of approval. Any approval of an application for development for a minor site plan granted by the municipal agency shall be subject to the following conditions being satisfied prior to the signing of the site plan or issuance of a zoning permit:

Installation and approval or posting of performance guaranties for the installation of those improvements which are necessary to protect adjacent property and public interest in the event development of the site was not completed.

Payment of any outstanding real estate taxes and property improvement assessments.

Final Monmouth County Planning Board approval, if not previously granted.

Northeast Monmouth County Regional Sewerage Authority approval, if not previously granted.

Submission of additional prints of the site plan and attachment for distribution, if required.

Filing of an appropriate instrument with the Monmouth County Clerk consolidating the lots constituting the site, if required.

Publication of a notice of the decision of the Board by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Any other conditions which may be imposed by the Land Use Board or which may be required by federal, state, county or municipal law.

A condition setting forth the time within which all conditions must be satisfied as described in § 94-3.3F of this chapter.

Certification. In the event that the application for development for a minor site plan is approved, a certification to that effect in the following form shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Land Use Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the Administrative Officer (Land Use Board Clerk) that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 94-6.4G of this chapter, and the signed original shall be returned to the applicant.

Approved as a minor site plan by the Shrewsbury Borough Land Use Board on _____________.
Attest:	Chairman
Secretary	Date
Borough Engineer	Date

Time limit and effect of approval. Minor site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer (Land Use Board Clerk) or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute minor site plan approval. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.6, the Borough Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of the minor site plan approval. The Land Use Board shall grant an extension of this period for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to be 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 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.

§ 94-6.7 Variances.

[Amended 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness, the administrative officer (Land Use Board Clerk) shall determine that the following have been submitted in proper form. The administrative officer may schedule a variance for public hearing upon submission of the items in Subsection A(1) through (3):

Required application fees as set forth in § 94-3.14 of this chapter.

Fifteen copies of a plan, drawn to scale, showing the location and dimensions of the property and any structures, including buildings, pools, fences and parking areas, and indicating any proposed changes.

Proof of service of notice in conformance with § 94-3.3D of this chapter.

Conditions of approval. Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a zoning permit:

Payment of any outstanding real estate taxes and property improvement assessments.

Publication of a notice of the decision by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Any other conditions which may be imposed by the municipal agency or which may be required by federal, state or local law.

A condition setting forth the time within which all conditions must be satisfied in § 94-3.3F of this chapter.

§ 94-6.8 Preliminary plat of major subdivision.

[Amended 12-13-1993 by Ord. No. 670; 11-13-1995 by Ord. No. 708; 8-3-1998 by Ord. No. 751; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness, the Land Use Board Subdivision Committee shall determine that the following have been submitted in proper form. The Subdivision Committee may recommend a preliminary plat of a major subdivision for public hearing upon submission of the items in Subsection A(1) through (8):

The Borough Engineer's report.

A copy of the application for granting of a CAFRA permit, where required and if submitted.

An application for a New Jersey Department of Environmental Protection wetlands permit, where required.

Other submittals which may be required by the Land Use Board or federal, state or municipal law.

The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required.

Required application fees as set forth in § 94-3.14 of this chapter.

Thirty-three copies of a plat and attachments meeting the requirements set forth below.

Thirty copies of a completed application form.

Proof of service of notice in conformance with § 94-3.3D of this chapter.

A.1.

Planned developments. Except as provided in Subsection A.1(8) below, subdivisions for or within planned developments shall conform to the requirements for conventional subdivision plats in accordance with the requirements of Chapter 94, Zoning and Land Development, as written and as the same may be hereafter amended, as well as to the requirements for planned developments. The following additional requirements shall be satisfied prior to preliminary approval of the planned development:

All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or residents of the development in accordance with N.J.S.A. 40:55D-43.

Any areas designated as wetlands or wetland buffers shall be deed-restricted except for those lands for which state approval for development has been granted.

The Land Use Board shall determine the appropriateness of proposed dedications of open space prior to granting subdivision approval. Unless dedicated for public use, all open space parcels shall be owned and maintained by organizations established for those purposes.

The developer shall provide for an organization pursuant to N.J.S.A. 40:55D-43 for the ownership and maintenance of open space created under a planned development.

Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved nor dispose of any of its open space without first offering to dedicate the same to the municipality.

Unless the subdivision option provided in § 94-10.6A(5)(h) pertaining to the property located in the R-1B Zone is elected, all owners of property within a planned development shall be required to become members of the homeowners' association charged with ownership and maintenance of open space and other common facilities, and the deeds for all properties as to which the owners must become members of the homeowners' association shall include a provision requiring such membership in the homeowners' association, which requirement shall pass from owner to owner as a deed restriction.

The legal documents proposed in the establishment of the required homeowners' association shall have been submitted and found to conform to the objectives of the plans and proposals for the planned development and the intent of this chapter.

The enabling declaration shall set forth the developer's intent to charge an association with certain responsibilities, including the covenants, which set forth the purchaser's responsibilities and obligations, including the provisions for ownership and management of the common areas, the establishment of association assessments as a lien against all lots, the rights of members, including voting rights, the basis for assessments, the basis for enforcement of covenants by the association and the process of amendments.

[2]

The articles of incorporation shall establish the association, set forth the name of the association, the name and address of principal officers at the time of incorporation and the purpose and powers of the association. It shall set forth terms of membership and voting rights, create the initial board of directors, establish procedures for dissolution, the duration of the association in the absence of dissolution, the basis for amendments to the articles of incorporation and the severability of provisions.

[3]

The bylaws shall set forth the meeting of the association, the basis for a quorum, provisions for vote by proxy and the notice of meetings. Bylaws shall set forth the terms of office for the board of directors, the composition of the board, the method of nomination, the method of election and the handling of resignations, removals, vacancies and compensation, as well as the conduct of board meetings. They shall also set forth the power and duties of the Board. The officers, their means of election, terms of office and their duties shall be described. The committees required or the basis for their establishment shall be defined. The fiscal year shall be established, the indemnification of officers shall be described, and the basis for amendment shall be set forth.

[4]

The proposed form of deed clause referring to the declaration and clarifying the title to common property adjacent to a lot.

[5]

An information brochure designed to help ensure that all purchasers are informed of the association. It shall restate in clear text the relationship between the association, the purchaser and the developer. It shall cover the major elements of common area identification, ownership and use, the structure of the association, dues, officer and director selection and election, architectural controls, liens, annexation, dissolution and other areas.

The plat shall contain specifics of the enabling declaration dealing with the title to the common property; the granting of easements of enjoyment; the designation of areas dedicated for use by the general public; the designation of areas conveyed or intended to be conveyed to an association; and the granting of easements, covenants and restrictions establishing, fixing and apportioning responsibility for the maintenance of common property in the event the subdivision option provided in § 94-10.6A(5)(h) is exercised.

Any condominium or homeowners' association filings with the New Jersey Department of Community Affairs shall also be filed with the Land Use Board.

Residential clusters shall conform to the following requirements:

Each cluster shall be restricted to one type or types of land use/housing type in a contiguous group.

The total number of dwelling units, or lots for single-family dwellings, shall not exceed the allowable density multiplied by the tract area to be improved for residential use plus any open space set aside for residential use.

Building lots shall conform to the requirements for the alternative zone as if developed in that zone and shall maintain continuing compliance with said zone requirements.

Developed open space parcels shall be designed to accommodate pedestrianways of not less than 10 feet in width, which may include a four-foot-wide paved, graveled, stoned or other suitable surfaced walkway, and recreation sites of not less than 2,500 square feet in area.

In the event the subdivision option provided in § 94-10.6A(5)(h) pertaining to property located in the R-1B Zone is elected, and provided all other requirements for land development are met and a general development plan is approved, the requirements for conventional subdivision plats otherwise set forth in Chapter 94, Zoning and Land Development, shall be waived by the Board.

Plat requirements.

General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a current certified land survey certified to the subdivider and shall be drawn at a scale of not less than 30 feet to the inch for subdivisions and shall show or be accompanied by the information specified below:

Title block. The title block shall appear on all sheets and include:

The title, to read "Preliminary plat — major subdivision."

The name of the subdivision, if any.

The Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

The date of the original and all revisions.

The names and addresses of the owner and subdivider so designated.

The name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)

A key map (at a scale of not less than one inch equals 1,000 feet) showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary or Borough boundary which is within 500 feet of the subdivision.

A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone district, and the minimum required lot areas, setbacks, yards and dimensions.

Zone district boundaries, Borough borders and the names of all owners, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most-recent records of the Borough or of the municipality of which the property is a part.

The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question and prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map.

Contours. Existing one-foot-interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of 100 feet behind the boundary of the tract in question and shall be certified by a New Jersey licensed land surveyor or professional engineer as to accuracy; except that where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.

All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.

All existing structures, an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain.

The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed subdivision and within 200 feet thereof.

The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.

The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

All proposed lot lines and areas of all lots in square feet. The areas and dimensions specified should be accurate to within -0% and +4%. (For example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet.)

The North arrow and basis therefor and written and graphic scales.

Preliminary utility layouts showing methods of connection and sources of service. Prior to public hearing for a preliminary subdivision plat, the developer shall provide written certification that he has contacted the involved servicing utility companies and has received their detailed specific installation standards. It will be the developer's responsibility to then integrate the various design standards and achieve optimum coordinated design.

The proposed location and area, in acres or square feet, of all proposed common open space areas.

The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Land Use Board may require that the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents, at intervals not exceeding 500 feet and at such additional locations as the Land Use Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plan. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Land Use Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.

(20)

The tentative plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.

(21)

Preliminary on-site grading and drainage plan.

The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals; except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and the source of datum shall be noted.

The plan shall outline the approximate area contributing to each inlet.

All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.

The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in § 94-8.39.

(22)

Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:

The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.

To the extent that information is available and may be obtained from the County or Borough Engineer(s), any existing plans for drainage improvements shall be shown.

In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.

(23)

Boring logs. Unless the Borough Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

Borings taken shall be between January 1 and April 30 and spaced evenly throughout the tract.

One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.

One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.

In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.

Boring logs shall show soil types and characteristics encountered, groundwater depth, the methods and equipment used, the name of the firm making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 of a foot.

Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.

(24)

The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Land Use Board.

(25)

Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:

If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.

The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.

(26)

If the Land Use Board, Shade Tree Commission or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:

Living deciduous trees having a trunk of four inches' diameter or more measured at four feet above grade.

All living coniferous trees having a trunk of four inches or more diameter measured at four feet above grade.

All living dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater diameter at four feet above grade.

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

(27)

The location of proposed depressed pedestrian ramps and other facilities for the handicapped.

(28)

Such other information as the Board and/or Borough Engineer may require or request during the review of the preliminary plat.

Conditions of approval.

Any approval of an application for development for a preliminary plat of a major subdivision by the Land Use Board shall be subject to the following conditions being satisfied prior to the signing of the plat:

Submission of additional prints of the plat and attachments for distribution, if required.

Preliminary Monmouth County Planning Board approval, if not previously granted.

Preliminary Northeast Monmouth County Regional Sewerage Authority approval, if not previously granted.

Publication of the decision of the Board by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Any other conditions which may be imposed by the Board of may be required by federal, state, county or municipal law.

A condition setting forth the time within which all conditions must be satisfied as described in § 94-3.3F of this chapter.

The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in the following form shall be endorsed on the preliminary plan, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the administrative officer (Land Use Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 94-6.4G of this chapter, and the signed original shall be returned to the applicant.

Approved as a preliminary plat of a major subdivision by the Shrewsbury Borough Land Use Board on ________.
Attest:
	Chairman
Secretary	Date
Borough Engineer/Land Surveyor	Date

Time limits for preliminary approval.

Upon submission of a complete application to the administrative officer (Land Use Board Secretary) for a subdivision of 10 or fewer lots, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the administrative officer (Land Use Board Secretary) for a subdivision of more than 10 lots, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the major subdivision.

Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and Subsection F of this section.

Effects of preliminary approval.

Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

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; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

That the applicant may apply for and the Land Use Board may grant extensions of 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 shall govern.

In the case of a subdivision of 50 acres or more, the Land Use Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.

Whenever the Land Use Board grants an extension of preliminary approval pursuant to Subsection F(1)(c) or (2) above 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.

The Land Use 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 the 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 Land Use Board from granting an extension pursuant to Subsection F(1)(c) or (2).

Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Land Use Board and the Borough Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.

§ 94-6.9 Preliminary plat of major site plan.

[Amended 12-13-1993 by Ord. No. 670; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness, the Site Plan Committee shall determine that the following have been submitted in proper form. The Site Plan Committee may recommend a preliminary plat of a major site plan for public hearing upon submission of the items in Subsection A(1) through (8):

The Borough Engineer's report.

A copy of the application for granting of a CAFRA permit, where required and if submitted.

An application for a New Jersey Department of Environmental Protection wetlands permit, where required.

Other submittals that may be required by the Borough Engineer, Land Use Board or federal, state, county or local law.

A request for the granting of any variances required.

Required application fees as set forth in § 94-3.14 of this chapter.

Thirty-three copies of a plat and attachments meeting the requirements set forth below.

Thirty-three copies of a completed application form.

Proof of service of notice in conformance with § 94-3.3D of this chapter.

Plat requirements. The plat shall include:

General requirements.

Any preliminary plat of a major site plan presented to the Land Use Board for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed for and sealed by a professional engineer.

Site plans shall not be drawn at a scale larger than one inch equals 30 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown on sheets no larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 20 feet.

The site plan shall be based on a current certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map.

Title block. The title block shall appear on all sheets and include:

The title, to read "Preliminary plat — major site plan."

The name of the development, if any.

The Tax Map sheet, block and lot number of the site, as shown on the latest Borough Tax Map, the date of which should also be shown.

The date of the original and all revisions.

The names and addresses of the owner and developer so designated.

The names, signatures, addresses and license numbers of the engineer, architect, land surveyor or planner who prepared the plan and their embossed seal(s).

If the site plan contains more than one sheet, each shall be numbered and titled.

A schedule shall be placed on the site plan indicating:

The acreage of the tract and site (the portion of the tract involved in the site plan).

The floor area of the existing and proposed buildings (listed separately).

The proposed use or uses and the floor area devoted to each use.

The zone district in which the site is located.

The proposed and required lot dimensions and front, rear and side setbacks.

The proposed and required off-street parking spaces.

The square footage and percentage of the site retained in unoccupied open space and occupied by buildings.

The North arrow and written and graphic scales.

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.

Paving and right-of-way widths of existing streets within 200 feet of the site.

The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.

Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.

All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.

The location, use, finished grade level, ground coverage, first-floor and basement elevations, and front, rear and side setbacks of all existing buildings and other pertinent improvements.

Existing and proposed public easements or rights-of-way and the purposes thereof.

A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and the source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.

On-site drainage plan.

The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.

The plan shall outline each area contributing to each inlet.

All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.

The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.

Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

The pertinent off-site existing drainage shall be shown with elevations of inverts and grates to the nearest 0.1 of a foot.

To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

In the event that a temporary drainage system is proposed, full plans of that system shall be shown.

The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details, pipe sizes, types, inverts, crowns, and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.

If required by the municipal agency, center-line profiles of streets bordering the site, internal roadways and major circulation aisles showing:

Existing and proposed final grades and slopes.

Pipe sizes, slope, types, inverts and grate or rim elevation of drainage and sanitary sewerage facilities.

Boring logs. Unless the municipal agency shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

Borings shall be taken between January 1 and April 30 and spaced evenly throughout the site.

One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.

One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below proposed or existing grade.

In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre, or portion thereof, will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.

Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 of a foot.

Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.

Zone district boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.

A key map, at a scale of not less than one inch equals 1,000 feet, showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone district boundary or municipal boundary which is within 500 feet of the subdivision.

The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.

(20)

The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience, and the estimated average number of passenger vehicles, single-unit trucks or buses, and semitrailers that will enter the site each day.

(21)

Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of N.J.S.A. 39:1-1 et seq. governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Borough Engineer will advise the developer regarding the details of such a plan.

(22)

The location and size of proposed loading docks.

(23)

The location of curbs and sidewalks.

(24)

Cross sections showing the composition of pavement areas, curbs and sidewalks.

(25)

(26)

Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub, the location, type and amount of each type of ground cover to be utilized and a plant list and planting details for trees, shrubs and/or ground cover.

(27)

Location of signs and drawn details showing the size, nature of the construction, height and content of all signs.

(28)

Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

(29)

Floor plans and building elevation drawings of any proposed structure or structures or existing structures to be renovated.

(30)

The location of handicapped facilities, including parking spaces and ramps, where applicable.

(31)

If the Land Use Board, Shade Tree Commission or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following:

Living deciduous trees having a trunk diameter of four inches or more at breast height.

All living coniferous trees having a trunk of four inches or more in diameter at breast height.

All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater at breast height.

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

(32)

Sectionalization and staging plan. Developers of large uses, such as shopping centers, industrial parks or other such uses proposed to be developed in stages, shall submit a sectionalization and staging plan showing the following:

The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.

Those improvements that will be completed in each stage prior to application for a certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.

(33)

A written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

(34)

Such other information as the municipal agency and/or Borough Engineer may request during site plan review.

Conditions of approval.

Any approval of an application for development for a preliminary plat of a major site plan by the Land Use Board shall be subject to the following conditions being satisfied prior to the signing of the plat:

Submission of additional prints of the plat and attachments for distribution, if required.

Preliminary Monmouth County Planning Board approval, if not previously granted.

Tentative Northeast Monmouth County Regional Sewerage Authority approval, if not previously granted.

Publication of a notice of the decision of the Board by the administrative officer (Land Use Board Clerk) in accordance with § 94-3.3E of this chapter.

Any other conditions which may be imposed by the Board or may be required by federal, state, county or municipal law.

The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in the following form shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the municipal agency after they receive certification from the administrative officer (Land Use Board Clerk) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 94-6.4G of this chapter, and the signed original shall be returned to the applicant.

Approved as a preliminary plat of a major site plan by the Shrewsbury Borough Land Use Board on _______.
Attest:
	Chairman
Secretary	Date
Borough Engineer	Date

Time limits for approval. Upon the submission to the administrative officer (Land Use Board Clerk) of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Land Use Board shall be deemed to have granted preliminary approval of the site plan.

Effects of preliminary approval.

Preliminary approval of a major site plan pursuant to N.J.S.A. 40:55D-46 shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

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 any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

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 site plan.

That the applicant may apply for and the Land Use Board may grant extensions of 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 shall govern.

In the case of a site plan for an area of 50 acres or more, the Land Use Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49.

Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing or grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Land Use Board and the Borough Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required, and all improvements to be undertaken which are within existing public rights-of-way or easements.

§ 94-6.10 Final plat of major subdivision.

[Amended 12-13-1993 by Ord. No. 670; 8-18-2003 by Ord. No. 811; 10-5-2020 by Ord. No. 1076; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing, the Land Use Board Subdivision Committee shall determine that the following have been submitted in proper form:

The Borough Engineer's report.

An application for a land disturbance permit from the Freehold Soil Conservation District.

An application for a New Jersey Department of Environmental Protection wetlands permit, where required.

An application for a New Jersey Department of Environmental Protection stream encroachment permit, where required.

An application for a New Jersey Department of Environmental Protection floodplain encroachment permit, where required.

Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act,[1] and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

Editor's Note: See N.J.S.A. 13:19-1 et seq.

A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

Other submittals that may be required by the Land Use Board or federal, state, county or municipal law.

Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of N.J.S.A. 39:1-1 et seq. shall be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.

Required application fees as set forth in § 94-3.14 of this chapter.

Thirty-three copies of the plat and attachments meeting the requirements set forth below.

A condition setting forth the time within which all other conditions must be satisfied as described in § 94-3.3F of this chapter.

Plat requirements.

General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the municipal agency within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein:

A final plat shall be drawn at a scale of not less than 30 feet to the inch and shall conform to the provisions of N.J.S.A. 46:23-9.9, Map Filing Law, as amended and supplemented, specified herein.

All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.

Unless specifically waived by the municipal agency, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System, or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.

Unless specifically waived by the municipal agency, coordinates, based on the New Jersey State Plane Coordinate System (x and y), shall be shown individually or in tabular form for the monumented (existing or proposed) corners of the exterior boundary of the tract.

The source of the New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.

Purpose of a final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and become the basis for the construction of the subdivision and inspection by the Borough Engineer, other officials and the Land Use Board. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.

Title block. The title block shall appear on all sheets and include:

The title, to read "Final plat — major subdivision."

The development name, if any.

The Tax Map sheet, block and lot numbers of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

The date of the original and all revisions.

The names and addresses of the owner and subdivider, so designated.

The names, signatures, addresses and license numbers of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)

The final plat shall be based on a monumented, current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more have passed since the date or dates of the last recertification of the survey, it shall be recertified and, if necessary, brought up to date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.

A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.

All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.

A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract; except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL=0), and the source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first-floor and basement elevations.

The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.

On-site drainage plan.

The plan shall outline each area contributing to each inlet.

The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.

Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 0.1 of a foot.

To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

In the event that a temporary drainage system is proposed, full plans of that system shall be shown.

The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.

Center-line profiles of all proposed streets showing:

Existing and proposed finished grades and slopes.

Pipe sizes, slope, types, inverts and grate or rim elevations of drainage and sanitary sewerage facilities.

Where required by the Borough Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet of all proposed streets.

Where required by the Land Use Board, Environmental Commission or Shade Tree Commission, the location, caliper and type of all:

Living deciduous trees having a trunk of four inches or greater in diameter at a height of four feet.

All living coniferous trees having a trunk of four inches or greater in diameter at a height of four feet.

All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater in diameter at a height of four feet.

All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.

The number, location and species of all proposed trees, shrubs and/or ground cover plant materials and planting details of the same.

Utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.

The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils, where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.

All monuments in accordance with N.J.S.A. 46:23-9.9 et seq., the Map Filing Law, including all monuments found, monuments set and monuments to be set and an indication of monumentation found and reset.

Certificate of professional land surveyor as to accuracy of the details of the plat.

(20)

Lot and block numbers shown on the final plat shall conform to the Borough Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer and/or surveyor from the Borough Tax Assessor. Proposed house numbers shall be obtained from the Borough Tax Assessor and shall be shown encircled on the final plat, or on one of the attachments thereto. The Borough Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.

(21)

Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Borough and shall be approved by the Borough Engineer.

(22)

The location of areas dedicated for park and recreation facilities or common open space as approved by the Board.

(23)

Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Borough Engineer and the Chief of Police and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in § 94-6.10A.

(24)

Such other information as the Board and/or Borough Engineer may request during review.

(25)

Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.

Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within 95 days of action by the approving authority or such period of time as specified by the Land Use Board, prior to the signing of the plat or issuance of a zoning permit:

Payment of any outstanding real estate taxes and property improvement assessments.

Submission of additional prints of the plat map and attachments for distribution, if required.

Publication of a notice of the decision of the Board by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Final Monmouth County Planning Board approval, if not previously obtained.

Final Northeast Monmouth County Regional Sewerage Authority approval, if not previously obtained.

Final Monmouth Consolidated Water Company approval.

Final Jersey Central Power and Light Company, New Jersey Natural Gas Company, New Jersey Bell Telephone and cable television company service agreement.

Certification of soil erosion and sediment control plans, if not previously obtained.

Fire Department approval, if not previously obtained.

Granting of a New Jersey Department of Environmental Protection wetlands permit, if required.

Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.

Granting of a New Jersey Department of Environmental Protection Coastal Area Facilities Review Act (CAFRA) permit, where required.

Approval of any required riparian and/or tidelands grants or licenses.

Granting of any required construction permits.

Posting of required performance guaranties.

Payment of required inspection fees.

Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, indemnifying and saving harmless the Borough and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for 10 days' notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current, valid evidence of insurance on file.

Any other conditions which may be imposed by the Board or may be required by federal, state, county or municipal law.

A condition setting forth the time within which all other conditions must be met as described in § 94-3.3F of this chapter.

Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:

Approved as a major subdivision by the Shrewsbury Borough Land Use Board on __________.
Attest:	Chairman
Secretary	Date
This plat must be filed in the office of the Clerk of Monmouth County on or before __________, which date is 95 days after the date upon which this plat was signed.
	Secretary
	Borough Engineer/Land Surveyor

Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), as amended and supplemented, within 95 days from the date upon which said plat was signed by the Land Use Board Chairman and Secretary and Borough Engineer/Land Surveyor. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify, in writing, the Borough Engineer and Borough Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the County Recording Officer by the Borough Clerk, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause shown.

Final approval.

Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application to the Land Use Board Subdivision Committee or within such further time as may be consented to by the applicant.

Final approval of a major subdivision shall expire 95 from the date of signing of the plat unless, within such period, the plats shall have been duly filed by the developer with the County Recording Officer. The Land Use Board may, for good cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Land Use Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Land Use 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 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 Land Use Board. The developer may apply for an extension either before or after the original expiration date.

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Land Use Board as indicated on the instrument by the signature of the Chairman and Secretary of the Land Use Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76. The signatures of the Chairman and Secretary of the Land Use Board shall not be affixed until the developer has posted the guaranties required pursuant to N.J.S.A. 40:55D-53 and § 94-7.1 of this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void; and upon request of the Borough, the plat shall be expunged from the official records.

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

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Land Use Board may extend such period of protection for an extension of one year but not to exceed three extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.

In the case of a subdivision for a residential cluster of 50 acres or more or conventional subdivision of 100 acres or more, the Land Use Board may grant the rights referred to in Subsection G(1) above for such period of time, longer than two years, as shall be determined by the Land Use Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Land Use Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

Whenever the Land Use Board grants an extension of final approval pursuant to Subsection G(1) or (2) above 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.

The Land Use 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 the 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 Land Use Board from granting an extension pursuant to Subsection G(1) or (2) above.

Combined preliminary and final major subdivision approval.

An applicant may request and the Land Use Board may consent to accept an application for development for combined preliminary and final major subdivision approval, provided that:

The proposed development is not to be constructed in sections or stages.

The applicant pays the application fees and provides all submissions required for both preliminary and final applications.

Any notice of hearing requirements applicable to the preliminary plat stage is complied with.

The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.

The Board is satisfied that the scope of the project is not so large or so complex as to require the additional review time which separate applications would provide.

Any approval granted by the Land Use Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.

Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or sales rooms from which sales in the approved subdivisions are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.

§ 94-6.11 Final plat of major site plan.

[Amended 12-13-1993 by Ord. No. 670; 8-18-2003 by Ord. No. 811; 10-5-2020 by Ord. No. 1076; 12-7-2020 by Ord. No. 2020-1077]

Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing, the Land Use Board Site Plan Committee shall determine that the following have been submitted in proper form:

The Borough Engineer's report.

The application for state wetlands approval, if required.

The application for a stream encroachment permit, where required.

Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

Other submittals that may be required by the Land Use Board or federal, state or local law.

Required application fees as set forth in § 94-3.14 of this chapter.

Twenty-seven copies of a plat and attachments meeting the requirements set forth below.

When required, five copies of an environmental impact report (EIR) meeting the requirements of § 94-8.15.

Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final plat — major site plan."

Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Land Use Board, prior to the signing of the plat or issuance of a zoning permit:

Payment of any outstanding real estate taxes and property improvement assessments.

Submission of additional prints of the plat map and attachments for distribution, if required.

Publication of a notice of the decision of the Board by the administrative officer (Land Use Board Clerk) within the time set forth in § 94-3.3E of this chapter.

Final Monmouth County Planning Board approval, if not previously obtained.

Final Northeast Monmouth County Regional Sewerage Authority approval, if not previously obtained.

Final Monmouth Consolidated Water Company approval.

Final Jersey Central Power and Light Company, New Jersey Natural Gas Company, Bell Telephone Company and cable television company service agreements, if applicable.

Certification of soil erosion and sediment control plans, if not previously obtained.

Fire Department approval, if not previously obtained.

Granting of a state wetlands permit, if required.

Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.

Granting of a Coastal Area Facilities Review Act (CAFRA) permit, where required.

Approval of any required riparian grants or licenses.

Granting of any required construction permits.

Posting of required performance guaranties.

Payment of required inspection fees as set in § 94-3.14 of this chapter.

Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, indemnifying and saving harmless the Borough and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in implementing the approved site plan. The insurance policy shall provide for 10 days' notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having a current, valid evidence of insurance on file.

Any other conditions which may be imposed by the Board or may be required by federal, state or local law.

A condition setting forth the time within which all other conditions must be satisfied as described in § 94-3.3F of this chapter.

Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in the following form shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive a certification from the administrative officer (Land Use Board Clerk) that all conditions of approval have been satisfied. After the signature, the plat shall be reproduced as provided for in § 94-6.4G of this chapter, and the original shall be returned to the applicant.

Approved as a final plat of a major site plan by the Borough of Shrewsbury Land Use Board on __________.
Attest:
	Chairman
Secretary	Date
Borough Engineer	Date

Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law, as amended and supplemented,[1] within 95 days from the date upon which said plat was signed by the Land Use Board Chairman and Secretary. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify, in writing, the Borough Engineer and Borough Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the County Recording Officer by the Land Use Board Clerk, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause shown.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Final approval. Application for final site plan approval shall be granted or denied within 45 days of submission of a complete application to the administrative officer (Land Use Board Clerk) or within such further time as may be consented to by the applicant.

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval, the Land Use Board may extend such period of protection for an extension of one year but not to exceed three extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.

In the case of a site plan for a planned development of 50 acres or more, conventional site plan for 100 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Land Use Board may grant the rights referred to in Subsection G(1) above for such period of time, longer than two years, as shall be determined by the Land Use Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Land Use Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

Combined preliminary and final major site plan approval.

An applicant may request and the Land Use Board may consent to accept an application for development for combined preliminary and final major site plan approval, provided that:

The proposed development is not to be constructed in sections or stages.

The applicant pays the application fees and provides all submissions required for both preliminary and final applications.

Any notice of hearing requirements applicable to the preliminary plat stage are complied with.

The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.

The Board is satisfied that the scope of the project is not so large nor so complex as to require the additional review time which separate applications would provide.

Any approval granted by the Land Use Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.

§ 94-6.12 Exempt development.

[Amended 8-18-2003 by Ord. No. 811; 12-7-2020 by Ord. No. 2020-1077]

Required documents. In cases where a proposed exempt development requires Land Use Board action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, the administrative officer (Land Use Board Clerk) shall, prior to issuance of a certificate of completeness or scheduling of the application for development for a public hearing before the Land Use Board, determine that the following have been submitted in proper form:

Required application fees as set forth in § 94-3.14 of this chapter.

Seven copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested.

Seven copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.

Any other documents which the Land Use Board may request.

Conditions of approval. Any approval of an application for development by the Land Use Board or issuance of a zoning permit under this section shall be subject to the following:

The applicant obtaining a construction permit or certificate of occupancy, where a construction permit is not required, within the time period stated in § 94-3.1 of this chapter.