Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[Added 4-10-1979 by Ord. No. 79:6]
No plat shall be accepted for consideration unless it fully conforms to the requirements of this article as to form, content and accompanying information and is one of the following standard sizes: 8 1/2 inches by 13 inches, 24 inches by 36 inches or 15 inches by 21 inches as measured from cutting edges. All prints shall be folded, with the nameplate on the outside, to a size not to exceed 8 1/2 inches by 13 inches.
The sketch plat shall be based on Tax Map information or some other similarly accurate base, shall be at such scale (preferably not more than 200 feet to the inch) that the entire tract which in whole or in part comprises the land to be subdivided can be shown on one sheet and shall show or include the following information:
A. 
A key map showing the location of the tract to be subdivided with reference to surrounding areas and existing street intersections.
B. 
The location of the tract to be subdivided in relation to any larger tract of which it is a part.
C. 
Names and addresses of owner and subdivider; names of the owners of all contiguous land as shown by the most recent municipal tax records.
D. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and high and low points.
E. 
All existing streets and streams within the proposed subdivision and (for subdivisions of four or more lots) within 500 feet of the boundaries thereof.
F. 
Location, size and use of existing structures, the boundaries and nature of wooded areas and the location of extensive rock formations within the proposed subdivision and for subdivisions of four or more lots within 200 feet of the boundaries thereof.
G. 
The layout of the proposed subdivision.
H. 
The general system of drainage of the subdivision and or any larger tract of which it is a part, together with full information as to the final disposal of surface drainage.
I. 
The tax sheet, block and lot numbers.
J. 
Date, North point and scale.
K. 
Environmental assessment report in accord with Article VIII of this chapter.
[Added 3-14-2000 by Ord. No. 2000:6]
A. 
Applicants for minor subdivision approval shall be required to submit all information required for preliminary subdivision plat reviews as set forth in § 225-41, as applicable.
[Amended 2-26-2002 by Ord. No. 2002:3]
B. 
The Minor Site Plan and Subdivision Committee of the Planning Board shall review minor subdivisions and may waive formal review and public hearings by the full Planning Board if it unanimously agrees that an application for development is a minor subdivision. Upon completion of its review, the Committee shall report its findings and decision to the full Planning Board. The Committee may stipulate conditions of approval.
C. 
No subdivision shall be reviewed by the Minor Site Plan and Subdivision Committee:
(1) 
If the subdivision will result in the creation of more than three lots.
(2) 
If a variance is required.
(3) 
If the subdivision involves a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42).
(4) 
Unless the subdivision plat contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor subdivision have been met.
D. 
A subdivision that includes any of the provisions of Subsection C(1) through (4) shall be reviewed by the full Planning Board.
[Amended 6-13-1990 by Ord. No. 90:36]
A. 
The preliminary plat shall be clearly and legibly drawn at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by an engineer or surveyor licensed to practice in the State of New Jersey. Subdivision layout shall be designed in compliance with the provisions of Article X and the plat shall show or be accompanied by the following information or documentation:
(1) 
Completed application form (three copies.)
(2) 
Filing fee. (See § 225-17.)
(3) 
Twenty black- or blue-on-white prints of all plans. All prints shall be folded with the title block on the outside.
(4) 
Twenty copies of all other required documents.
(5) 
All plans shall be signed and sealed by appropriate New Jersey licensed or registered professionals.
(6) 
The name of the tract or development.
(7) 
Tax Map sheet, block and lot numbers.
(8) 
The date prepared and the date(s) of revision(s).
(9) 
North arrow.
(10) 
Plat scale not less than one inch equals 100 feet.
(11) 
Written and graphic scale.
(12) 
The name, address and license number of the person preparing plat.
(13) 
The name and address of the record owner.
(14) 
The name and address of the applicant/subdivider, if other than owner.
(15) 
Certification that the applicant is the owner or his authorized agent or that the owner has given consent to file under an option agreement.
(16) 
Sheet size: 8 1/2 inches by 13 inches, 24 inches by 36 inches or 15 inches by 21 inches.
(17) 
A key map showing the entire tract and its relation to the surrounding area.
(18) 
The blocks and lots and names of owners of properties within 200 feet of the tract.
(19) 
A tract boundary survey with bearings and distances, exterior lines of streets, easements and other rights-of-way, street names, land reserved or dedicated to public use, center line of road data with accurate dimensions, bearings or deflection angles and radii and central angles of all curves. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall balance and close within the limit of error of one to 20,000.
(20) 
The proposed property lines and other site lines, with dimensions.
(21) 
The zone district(s) and identification of the zone boundaries located on or adjoining the property.
(22) 
The total area of the tract in square feet and acres.
(23) 
The total area of each lot in square feet.
(24) 
The lot frontage dimension of each lot, measured at the street line.
(25) 
The lot width dimension of each lot, measured at the front setback line.
(26) 
Front, rear and side building setback lines as required by the Zoning Regulations.[1]
[1]
Editor's Note: See Ch. 430, Zoning.
(27) 
All proposed lots shall be numbered.
(28) 
All existing structures on the tract with setback distances.
(29) 
Locations and widths of all existing and proposed streets, easements and rights-of-way in the subdivision.
(30) 
The location and dimension on the property of existing:
(a) 
Watercourses and other drainage courses.
(b) 
Freshwater wetlands.
(c) 
Bridges, culverts and drainpipes.
(d) 
Wooded areas.
(e) 
Rock outcroppings.
(f) 
Lakes and ponds.
(31) 
The location within 500 feet of the property of existing:
(a) 
Watercourses and other drainage courses.
(b) 
Freshwater wetlands.
(c) 
Lakes and ponds.
(d) 
Bridges, culverts and drainpipes.
(32) 
A stream encroachment permit from the New Jersey Department of Environmental Protection (NJDEP), if applicable.
(33) 
Status of wetlands.
[Amended 3-14-2000 by Ord. No. 2000:6]
(a) 
The following information shall be submitted concerning the status of wetlands and wetland buffer areas:
[1] 
A letter of interpretation from the NJDEP indicating the absence of freshwater wetlands, or indicating the presence and verifying the boundaries of freshwater wetlands and associated buffer areas, and classifying same by resource value; or
[2] 
A letter of exemption from the NJDEP certifying that the proposed activity is exempt from the Freshwater Wetlands Protection Act,[2] and regulations promulgated thereunder.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(b) 
The Planning Board may grant a waiver of this requirement based upon the submission of both documentation and testimony from a qualified professional demonstrating that no wetlands exist on the subject property nor on property adjacent to the subject property.
(34) 
A copy of any existing or proposed protective covenant or other deed restrictions applying to the land being subdivided.
(35) 
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid.
(36) 
Cross sections, center-line profiles and grades of all proposed streets based on the United States Coast and Geodetic System datum, together with full information as to the final disposal of surface drainage.
(37) 
A site grading plan showing existing and proposed contours, spot elevations, first floor elevations, driveway grades, house corner elevations, etc. The plan shall also show the natural flow of surface drainage, together with watercourses and an indication of the final disposal of surface waters. Elevations shall refer to the United States Geological Survey System.
(38) 
Plans and profiles of proposed utility systems (storm drainage, sanitary sewer, water, gas, electric) showing feasible connections to any existing or proposed utility systems.
(39) 
A soil erosion and sedimentation control plan approved by the Morris County Soil Conservation District.
(40) 
A tree protection and removal plan in accordance with the requirements of the Superintendent of Parks and Forestry.
[Amended 12-20-2005 by Ord. No. 2005:31]
(41) 
An environmental assessment report in accordance with the requirements of Article VIII of the Land Use Ordinance of the Township of Parsippany-Troy Hills.
(42) 
Construction details for outside improvements.
(43) 
Drainage calculations for the proposed drainage system.
(44) 
Soil calculations indicating the amount of the soil to be removed and or placed on the property.
(45) 
If a soil permit is required as per the requirements of the Township's Soil Ordinance,[3] the required soil calculations shall be shown on the plans.
[Added 3-14-2000 by Ord. No. 2000:6]
[3]
Editor's Note: See Ch. 350, Soil Removal and Relocation.
The final plat shall be drawn in black waterproof India ink upon translucent tracing cloth or equivalent of good quality at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of N.J.S.A. 46:23-9.1 to 46:23-9.6.[1] The final plat shall show, be accompanied by or conform to the following:
A. 
A title containing the tract name, the general location of the subdivision, Tax Map sheet, block and lot number, date, North point, written and graphic scales, acreage of the tract being subdivided and the names and addresses of the owner, the subdivider and the person who made the map.
B. 
Certification by an engineer or surveyor authorized to practice in the State of New Jersey as to the accuracy of the details of the plat.
C. 
Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.
D. 
Tract boundary lines, exterior lines of streets, easements and other rights-of-way; street names; land reserved or dedicated to public use; all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall balance and close within the limit of error of one to 20,000 and of all lot lines to within one to 20,000.
E. 
The purposes of all easements and rights-of-way and of all land reserved for or dedicated to public use and the proposed use of lots other than residential.
F. 
Block numbers; lot numbers in accordance with established standards and in conformity with the Township Tax Maps.
G. 
The names, exact locations and widths along the property lines of all existing or recorded streets intersecting the tract boundaries or lying within 200 feet thereof; the delineation, names and block and lot numbers of all bordering subdivisions; and the names of the owners of all bordering unsubdivided acreage.
H. 
As-built drawings showing cross sections, profiles and established grades of streets, approved by the Township Engineer.
I. 
As-built drawings, plans and profiles of all storm and sanitary sewers and water mains, approved by the Township Engineer.
J. 
Location and description of all monuments.
K. 
Certificate of approval by the Planning Board and all other bodies, approval of which is required by law.
L. 
Certificate by the Tax Collector that all taxes levied against the land being subdivided have been paid to date.
[1]
Editor's Note: N.J.S.A. 46:23-9.1 through 23-9.6 was repealed by Chapter 141 of the Laws of 1960. For the provisions of the Map Filing Law, see N.J.S.A. 46:23-9.9 et seq.
[Added 3-14-2000 by Ord. No. 2000:6]
The following information shall be submitted for all informal concept site plan reviews:
A. 
A general description of the proposed development and a preliminary assessment of its effect on the site, adjacent properties, the neighborhood and the Township as a whole, including but not necessarily limited to effects upon the natural environment, land use patterns, traffic and circulation, visual factors, utilities and drainage.
B. 
A key map showing location of tract to be considered in relation to the surrounding area with a delineation of the two-hundred-foot radius line from the subject property.
C. 
Title block containing name of applicant and owner, preparer, lot and block numbers date prepared and date of last amendment.
D. 
Scale of map, both written and graphic. The scale shall contain no more than 50 feet to the inch.
E. 
North arrow.
F. 
Zoning district in which parcel is located and the zone district of adjacent property, with a table indicating all setbacks, lot coverage, height, floor area ratio, density and number of parking spaces, both as to required and proposed for the subject property.
G. 
The location and width of any abutting streets, both right-of-way and pavement.
H. 
The boundaries of the site in question, with dimensions of same.
I. 
Location of existing easements or rights-of-way, including power lines.
J. 
Contours to determine the natural drainage of the land. Intervals shall be at two feet.
K. 
Location of natural features, including woodlands, streams and other water bodies, wetlands and wetland buffers, flood hazard areas and rock outcrops.
L. 
Location of existing and proposed buildings and their setbacks from property lines.
M. 
Preliminary floor plans and building facade elevations for existing and proposed buildings.
N. 
Location of existing and proposed parking, loading, access and circulation improvements.
O. 
Location and description of existing and proposed landscaping.
[Amended 2-26-1980 by Ord. No. 80:3; 11-27-2012 by Ord. No. 2012:39]
The Minor Site Plan and Subdivision Committee of the Planning Board may waive formal review and public hearings if it unanimously agrees that a development application is a minor change or addition. This will be done only after the Engineer has given his approval to improvements and drainage. Upon waiving action, the Committee shall report its findings and decision to the full Planning Board and so notify both the Building Inspector and Zoning Officer. Upon receiving written notification that the site plan committee has waived a formal review, the building inspector shall be authorized to issue a building permit in accordance with the requirements of Township ordinances. The Committee may stipulate conditions of approval to the Building Inspector. No plan shall be classified as a small addition or change:
A. 
If a variance is required.
B. 
If the plan increases the size of the existing building by more than 10%.
C. 
If the plan increases the number of off-street parking spaces by more than 10% of the existing number or more than 10 in number; provided, however, that an application for parking lot restriping will be classified as a small addition or change, regardless of the number of spaces involved if the proposed restriping: will not change the location and configuration of existing paved areas or curbing; will not change the drainage characteristics of the site; and will not result in an increase in impervious coverage of the site. The resurfacing, repairing or repainting of a parking lot that does not change the amount or location of parking spaces, the width or location of circulation aisles or other aspects of the on-site circulation pattern shall be considered routine maintenance that does not require site plan approval.
[Amended 3-14-2000 by Ord. No. 2000:6]
D. 
If the plan does not involve planned development, any new street or extension of any off-tract improvements which is to be prorated pursuant to Section 30 of this Act[1] (N.J.S.A. 40:55D-42).
[1]
Editor's Note: "This Act" refers to the Municipal Land Use Law.
E. 
Unless the plan contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
A. 
Except for small additions or changes as above, the preliminary major site plan, as required, shall be submitted in 20 copies, size 24 inches by 36 inches.
[Amended 6-13-1990 by Ord. No. 90:36]
B. 
All site plans shall comply with the requirements hereinafter set forth and shall contain the following information or documentation, and date if applicable:
[Amended 6-13-1990 by Ord. No. 90:36]
(1) 
Completed application form (three copies.)
(2) 
Filing fee. (See § 225-17.)
(3) 
Twenty black- or blue-on-white prints of all plans. All prints shall be folded with the title block on the outside.
(4) 
Twenty copies of all other required documents.
(5) 
All plans shall be signed and sealed by a licensed New Jersey professional engineer or registered architect.
(6) 
The name of the tract or development.
(7) 
Tax Map sheet, block and lot numbers.
(8) 
Date prepared and the date(s) of revision(s).
(9) 
North arrow.
(10) 
Plat scale not less than one inch equals 50 feet.
(11) 
Written and graphic scale of not more than 50 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one to 20,000.
(12) 
The name, address and license number of the person preparing plan.
(13) 
The name and address of the record owner.
(14) 
The name and address of the applicant, if other than the owner.
(15) 
Certification that the applicant is the owner or his authorized agent or that the owner has given consent to file under an option agreement.
(16) 
Sheet size: 24 inches by 36 inches.
(17) 
A key map showing the location of the tract with reference to surrounding areas and existing street intersections.
(18) 
The names of all owners of record within 200 feet of the tract and the block and lot number of the property.
(19) 
A tract boundary survey prepared by a licensed surveyor of the State of New Jersey which shows the boundaries of the parcel with bearings and distances and the limits of all proposed streets, recreation areas and other property to be dedicated to public uses.
(20) 
Zone boundaries and identification of zone districts as they affect the parcel and the adjoining property.
(21) 
Area of the parcel in square feet and acres.
(22) 
A site grading plan showing existing and proposed contours, spot elevations as needed and first floor elevations. Existing contours shall be shown with intervals of two feet where slopes are less than 15% and five feet with 15% or more, referred to United States Coast and Geodetic Survey datum and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades shall be shown as solid lines.
(23) 
Location on the property of existing and proposed:
(a) 
Watercourses, marshes, lakes and ponds, including previous flood elevations as determined by survey.
(b) 
Bridges, culverts and storm drains.
(c) 
Wooded areas and single trees not in wooded areas having a diameter of six inches or more as measured three feet above the base of the trunk.
(d) 
Rock outcrops.
(24) 
Location on the property of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, inverts, grades and direction of flow. The estimated location of existing underground utility lines shall be shown.
(25) 
The proposed stormwater drainage system is to conform with the design standards set forth in the Land Use Ordinance of the Township of Parsippany-Troy Hill. All site plans shall be accompanied by: a) all information required by § 225-64 of the Land Use Ordinance of the Township of Parsippany-Troy Hills; b) a plan sketch showing all existing drainage within 500 feet of any boundary and any surface areas contributing to the drainage; c) drainage calculations conforming with the design standards; and d) any other information required by the Land Use Ordinance of Township of Parsippany-Troy Hills.
[Amended 9-18-2007 by Ord. No. 2007:27]
(26) 
Front, rear and side building setback lines, as required by the Zoning Regulations.[1]
[1]
Editor's Note: See Ch. 430, Zoning.
(27) 
All existing structures on the tract with setback distances.
(28) 
Right-of-way lines, widths and names of all existing streets adjoining the property.
(29) 
Location and widths of all other existing and proposed rights-of-way and easements, the purpose of any easement and the text of any covenants, deed restrictions or exceptions that are intended to cover all or any part of the tract.
(30) 
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid.
(31) 
All zoning requirements in accordance with the schedule referred to in Article VI and the relationship of the proposed site plan to those requirements. Calculations of existing and proposed building and impervious coverage of the lot shall be included.
(32) 
Parking and loading spaces with dimensions.
(33) 
Widths of traffic aisles.
(34) 
Direction of traffic flow.
(35) 
Spot elevations at corners of all proposed buildings and paved areas and at property corners.
(36) 
Tentative building floor plans; scale: not less than 1/8 inch equals one foot. In the case of restaurants, a detailed seating plan shall accompany the architectural drawings indicating the maximum seating capacity of the establishment and the square foot area of the restaurant excluding kitchen and utility rooms.
(37) 
Front, rear and side building elevation drawings showing building materials; scale: not less than 1/8 inch equals one foot.
(38) 
Construction details for all outside improvements.
(39) 
An environment assessment report in accordance with the requirements of Article VIII of the Land Use Ordinance of the Township of Parsippany-Troy Hills.
(40) 
A soil erosion and sedimentation control plan approved by the Morris County Soil Conservation District.
(41) 
A tree protection and removal plan in accordance with the requirements of the Superintendent of Parks and Forestry.
[Amended 12-20-2005 by Ord. No. 2005:31]
(42) 
Plans of proposed utility systems (storm drainage, sanitary sewer, water, gas, electric) showing feasible connections to any existing or proposed utility systems.
(43) 
Location of existing and proposed fences, walls and sidewalks.
(44) 
A landscaping plan, including a planting plan and schedule prepared by a landscape architect.
(45) 
The proposed use of all existing and proposed buildings and the proposed location of buildings.
(46) 
The size, location and details of existing and proposed signs.
(47) 
An exterior lighting plan, including direction of illumination, height and types of standards and power and time of proposed outdoor lighting.
(48) 
Status of wetlands.
[Amended 3-14-2000 by Ord. No. 2000:6]
(a) 
The following information shall be submitted concerning the status of wetlands and wetland buffer areas:
[1] 
A letter of interpretation from the NJDEP indicating the absence of freshwater wetlands, or indicating the presence and verifying the boundaries of freshwater wetlands and associated buffer areas, and classifying same by resource value; or
[2] 
A letter of exemption from the NJDEP certifying that the proposed activity is exempt from the Freshwater Wetlands Protection Act,[2] and regulations promulgated thereunder;
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(b) 
The Planning Board may waive this requirement based upon documentation and testimony from a qualified professional demonstrating that no wetlands exist on the subject property and that no wetlands exist on a property adjacent to the property which is the subject of the development application.
(49) 
The location, names and widths of all existing and proposed streets abutting the premises in question; the property lines of all abutting properties as shown on the Tax Maps, together with the block and lot and addresses of the owners.
(50) 
A separate application and fee filed for any conditional use or variance involved.
(51) 
No parking fire zones as established by the Fire Prevention Bureau.
(52) 
A letter of consent from the property owner of record providing for the enforcement of no parking fire zones under State Statute Title 40.
(53) 
A traffic impact study, if required by the Planning Board.
(54) 
Soil calculations indicating the amount of the soil to be removed and/or placed on the property.
(55) 
If a soil permit is required as per the requirements of the Township's Soil Ordinance[3], the required soil calculations shall be shown on the plans.
[Added 3-14-2000 by Ord. No. 2000:6]
[3]
Editor's Note: See Ch. 350, Soil Removal and Relocation.
C. 
The site plan shall be prepared by a licensed engineer or architect for general locations. For topographical and boundary survey information, the site plan shall be signed and sealed by a licensed land surveyor. For all elements of design, which shall include drainage, pavements curbing, walkways, embankments, horizontal and vertical geometrics, utilities and all pertinent structures, drawings shall be signed and sealed by a licensed professional engineer.
D. 
The design and construction of all site improvements shall be as provided by Article IX.
A. 
One translucent reproducible copy, 12 black-on-white prints, and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board or Board of Adjustment, as the case may be, at least 30 days prior to the date of the regular Planning Board meeting. Unless the preliminary site plan is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board. The plan shall be drawn in accordance with § 225-45 of this chapter and, further, as-built drawings of all site improvements to be dedicated to the Township shall accompany the final site plan submission.
B. 
The final site plan shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed and that the developer has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations.
(2) 
A performance guaranty in sufficient amount to assure the completion of all required improvements.
The applicant shall submit plans for subdivision and site development simultaneously and drawn in accordance with Article VII. The standards for the mixed use option as required by N.J.S.A. 40:55D-65c are set forth in Chapter 430, Zoning, of the Code of the Township of Parsippany-Troy Hills and incorporated herein by reference. Furthermore, prior to approval of such mixed use developments, the Planning Board shall find the following facts and conclusions:
A. 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards.
B. 
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
C. 
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
D. 
That the proposed mixed use development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
In approving the final site plan, the Planning Board shall condition such approval upon a notice of approval of plans for water and sewerage installation from the Township and approval notices from the Health Department.
[Amended 5-24-1983 by Ord. No. 83:39]
A. 
Before recording a subdivision plat, as a condition of site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the applicant shall have installed all improvements required by the Planning Board, or in lieu thereof, the Planning Board shall require the applicant to post an adequate performance bond; provided, however, that no such performance guaranty shall be considered filed or accepted for filing unless and until the following conditions are met:
(1) 
The Township Engineer shall have certified in writing to the Planning Board that the amount thereof is sufficient to assure the completion of the improvements.
(2) 
The Township Attorney shall have approved the sufficiency of form and execution of the performance guaranty.
(3) 
The Township Council shall have approved the qualifications of the surety and stipulated the duration of the guaranty.
B. 
The performance guaranty shall be in favor of the Township in an amount not less than the cost of the improvements as determined by the Township Engineer, and not more than 120% of such cost. At least 10% of the performance guaranty shall be in the form of cash or certified check made payable to the Township. A letter or letters of credit meeting the requirements of N.J.S.A. 40:55D-53.5 may be used as all or any portion of the required performance guaranty.
[Amended 10-11-1983 by Ord. No. 83:76; 11-22-1994 by Ord. No. 94:46]
C. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
D. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.
E. 
When all of the required improvements have been completed, the obligor shall notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
F. 
The Township Council shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of the governing body with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Township Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
G. 
If any portion of the required improvements are rejected, the Township Council may require the obligor to complete such improvements, and upon completion the same procedure of notification, as set forth in this section, shall be followed.
Planning Board approval of the site plan shall be granted in the event that the site plan complies with the following standards and regulations:
A. 
The applicant has submitted a site plan containing all of the information and data as provided for in this chapter.
B. 
The details of the site plan are in accord with the standards of this chapter and of all ordinances of the Township, including the Master Plan, as may be in existence at the time of the application.
C. 
That all parking and traffic problems shall be reasonably resolved.
D. 
That adequate provisions are made so as to prevent any drainage problems.
E. 
That reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas, from the view of adjacent properties and streets, shall be provided where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.
F. 
That the location, power, direction and time of any outdoor lighting will not have an adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.
G. 
That the details of the site plan for the authorized use will be such that the operation will not be detrimental to the public interest.
H. 
That, after approval, a Mylar or linen shall be submitted for signature and file, to be of a size of no more than 24 inches by 36 inches, and all information appearing thereon shall be in black India ink. Additional prints as required shall also be submitted after approval.
After Planning Board approval of a final site development plan, the plan shall not be subject to change except for minor engineering changes approved by the Township Engineer. Any change in site design subsequent to approval shall be regarded as a separate plan, and site development plans showing the proposed new design shall be submitted under the requirements of this article and shall be separately approved under the provisions set forth herein.
[Added 8-14-1990 by Ord. No. 90:57]
The escrow shall be paid by each applicant in order that the Township is fully reimbursed in connection with costs that it incurs for professional services and related costs in connection with the review and processing of these types of development applications, including but not limited to shorthand reporting and transcripts, review, inspection and reports of the Township's administrative officer, Township Engineer, Assistant Township Planner, Township Attorney, Board Attorney and any other professionals or consultants whose services are deemed necessary by the approving authority with respect to processing the application.
A. 
All escrow moneys shall be deposited by the Township administrative officer in the Township's escrow account, and the Township Planner shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts as well as the Township's in-house personnel required to process said application shall be charged against the applicant's escrow account and reflected on said ledger page.
B. 
The entire amount of the initial deposit to said escrow account shall be remitted at the time of the filing of the application.
C. 
Any of the escrow moneys remaining in the escrow account upon completion of the application procedure shall be returned to the applicant.
D. 
In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of applications by the approving authority, the Township Planner shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.
E. 
The approving authority shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
F. 
All bills submitted to the approving authority by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals and in-house personnel containing charges to be applied against an applicant's escrow account established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been incurred.
G. 
Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges levied by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals for services rendered in connection with an application, may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professionals. Unit charges for in-house personnel shall be equal to an amount which shall equal their hourly salary, plus all benefits for those employees paid by the Township, including but not limited to health benefits, social security, unemployment compensation, vacation, etc.
H. 
A quarterly accounting of all funds to be withdrawn by the Township from the escrow account shall be submitted by the Planner to the approving authority and to the applicant at least 10 days prior to the withdrawal of said funds. Within said 10 days, the applicant shall have the opportunity to request, in writing, a hearing by the approving authority with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawal shall be made from the escrow account until the approving authority shall have ruled on the appeal. If the approving authority finds in favor of the applicant, the withdrawals shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the Township account from which the professionals, etc., shall be paid.