Borough of Franklin, NJ Application Requirements and Development Procedures

The Municipal Agency or its authorized committee or designee (herein called the Municipal Agency) shall review all applications and accompanying documents required by this chapter to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the Municipal Agency. In the event that the Municipal Agency does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist for such application below and the Municipal Agency has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more submission requirements be waived, in which event the Agency shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.

The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency.

§ 161-8 Informal review.

Prior to the submittal of an application for development, the applicant may request an informal review before the full Board in addition to, or as an alternative to, the preapplication conference, in order to:

Acquaint the applicant with the substantive and procedural requirements of the Subdivision and Site Plan Ordinance.

Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements.

Advise the applicant of any public sources of information that may aid the application.

Identify policies and regulations that create opportunities or pose significant constraints for the proposed development.

Consider opportunities to increase development benefits and mitigate undesirable project consequences.

Permit input into the general design of the project.

Documents and fees to be submitted. Applicants seeking review of a concept plan before the Board shall provide 14 copies of the plan and one copy of the completed application and the required review fees to the Board Secretary.

Nature of concept plan. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Borough's development goals and objectives.

Effect of informal review. Neither the applicant, the Board nor its professionals is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.

§ 161-9 When site plan or subdivision approval required.

Any property that is to be developed, redeveloped, altered or changed in any way shall require a minor or major site plan approval or waiver of same by the appropriate reviewing agency. Exempt from this process are detached one- or two-unit dwellings on an individual lot and any construction work considered to be ordinary repairs by the Zoning Officer. Also exempt are any changes in occupancy or changes in use approved by the Zoning Officer.

[Amended 7-10-2007 by Ord. No. 16-2007]

Uses and activities requiring subdivision approval.

Subdivision approval shall be required prior to the recording of any plat or deed affecting the subdivision of any land in the Borough of Franklin with the exception of exempted divisions specified in the definition of subdivision.

In all cases involving such exempted divisions, the Board Chairperson and the Borough Clerk shall certify the exemption on deed or instrument to be filed with the county .

§ 161-10 Dedication of right-of-way.

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

§ 161-11 Traffic impact statement.

When required. The Board may require a traffic impact statement as part of preliminary approval of a major subdivision or site plan if, in the opinion of the Board, the development could have an adverse impact on the surrounding road network, site, ingress/egress or on-site circulation.

General provisions.

The traffic impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and education in traffic engineering.

All relevant sources of information used in the preparation of said statement shall be identified.

Submission format. All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:

Existing conditions in the vicinity of the proposed project including:

Roadway network.

Representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months).

Traffic accident statistics.

Availability of public transportation.

Level of service of adjacent roadways.

Traffic generated by the proposed development, including:

Trip generation.

Trip distribution.

Modal split.

Level of service under proposed conditions.

Traffic impacts caused by the proposed development as per change in existing conditions.

Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state or county requirements.

Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.

Any other information requested by the appropriate Board reasonably required to make an informed statement of potential traffic impacts.

§ 161-12 Environmental impact statement.

When required. The Board shall require an environmental impact statement as part of preliminary approval of a major subdivision or site plan. The Board may waive portions of the environmental impact statement requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. The Board shall review the application with specific reference to the following areas of concern:

A significant percentage (25% or more) of the property has a grade of 15% or more.

A significant percentage (25% or more) of the property is within or borders a floodplain.

The property is located in an area where potable water supplies may be adversely affected.

Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the USEPA.

The visual impact of the project would be significant.

Submission format. All environmental impact statements shall consist of written and graphic materials which clearly present the following information:

Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.

The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Master Plan and Master Plan reexamination.

Sussex County planning documents.

New Jersey State Development and Redevelopment Plan.

Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:

Topography. A description and map of the topographic conditions of the site shall be provided.

Contamination. Information regarding the presence or absence of environmental contamination, including the presence of known or suspected contaminants on site; prior uses of the property; and the status of any past or present administrative or judicial proceeding involving contamination or remediation of contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.

Critical areas. A description and map of the wetland areas, wetland buffers and floodplains on the site shall be provided.

Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.

Unique scenic features. Describe and map those portions of the site that can be considered to have unique scenic qualities and any scenic view from the site.

(f)

Endangered species. A description and map of those portions of the site identified as habitat for endangered species shall be provided.

(g)

Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties subject to the owner's permission.

Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption.

Surface water quality.

Sewage disposal.

Solid waste disposal.

(f)

Scenic features on and off site.

(g)

Air quality.

(h)

Noise levels.

(i)

Lighting levels, including trespass lighting.

(j)

Effect on the community, including projected population increase, increase in municipal and school services and consequences to the municipal tax structure.

(k)

Endangered species.

Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off site. Of specific interest are:

Stormwater management plans and plans for soil erosion and sedimentation controls.

Water supply and water conservation proposals.

Noise reduction techniques.

Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.

Miscellaneous on-site and off-site public improvements.

(f)

Sewage disposal.

(g)

Endangered species.

Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.

(7)

Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but is not be limited to, approvals required by the Borough and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

(8)

Documentation. All publications, file reports, manuscripts or other written sources of information, which were consulted in preparation of the environmental impact assessment, shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

(9)

Review. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIS and/or in the course of the public hearings before the Board.

Review of written comments of Environmental Commission; time. The Board, before taking any action hereunder, shall review the written comments of the Environmental Commission. In the event the Environmental Commission fails to provide its written comments to the Board within 10 days of its being provided with a copy of the land development application, the Board shall be free to take action pursuant hereto without reviewing the Environmental Commission's comments.

§ 161-13 Development phasing.

Whenever an applicant intends to construct a development in phases, phasing information shall be included in the plans for preliminary approval, and all phases shall be:

Functionally self-contained and self-sustaining with regard to access, circulation, parking, utilities, open spaces and all other site improvements and physical features and shall be capable of perpetual independent use, occupancy, operation and maintenance upon completion of construction and development of the section or stage.

Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the plan.

Provided with such temporary or permanent transitional features, buffers or protective areas as are necessary to prevent damage or detriment to adjoining properties or to any completed section or stage. In addition, such temporary or permanent transitional features, buffers or protective areas shall not impede development of future sections or stages in the planned development. Plans, estimated dates of completion for each section or stage and specifications of such sections or stages are to be filed with the Board, which must be of sufficient detail and of such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities and land ownership conditions.

§ 161-14 Minor subdivision and minor site plan review procedures.

Submission requirements for minor subdivisions.

[Amended 7-10-2007 by Ord. No. 16-2007]

Submission requirements for minor subdivision approval are provided in the Minor Subdivision and Site Plan Checklist. [1]

Editor's Note: Said checklist is included at the end of this chapter.

Board action.

[Amended 7-10-2007 by Ord. No. 16-2007]

Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a minor subdivision within 45 days of the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

Failure of the Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Register for purposes of filing subdivision plats or deeds.

Effect of approval. Approval of a minor subdivision shall be deemed final approval, provided that the Board may condition such approval on the provision of improvements as may be required. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of approval is adopted, provided that the approved minor subdivision shall have been duly recorded in accordance with Subsection D below.

[Amended 7-10-2007 by Ord. No. 16-2007]

Expiration of minor subdivision. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chairperson and Secretary. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with the Map Filing Act, PL. 1960, c. 141 (N.J.S.A. 46:23-9.9 et. seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act.

Extensions of minor subdivision.

The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:

That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and

That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The 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 agencies and that the developer applied promptly for and diligently pursued the required approvals. The 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 first legally required approval from other governmental entities, whichever occurs later.

Submission requirements for minor plan. The submission requirements for a minor site plan are provided in the Minor Site Plan Checklist included in this chapter.[2] Some or all of those requirements may be waived by the reviewing agency.

[Added 7-10-2007 by Ord. No. 16-2007]

[2]

Editor's Note: The checklist is included at the end of this chapter.

Minor site plan classification criteria. An application may be designated as a minor site plan if the following conditions are met:

[Added 7-10-2007 by Ord. No. 16-2007]

The use is permitted in the zone.

No new dimensional variances are required and no existing dimensional nonconformities are being expanded or worsened.

The proposed site improvements do not exceed, cumulatively over a period of five years, a total of 200 square feet.

The proposed building footprint is not increased, cumulatively over a period of five years, by more than 100 square feet.

No hazardous or toxic materials are involved in the business operation.

Minor site plan review criteria. In reaching a decision about a minor site plan application, the reviewing agency, or a duly authorized committee of that agency, shall consider the following issues:

[Added 7-10-2007 by Ord. No. 16-2007]

The extent of any new parking demand, how it will be met and whether or not traffic conditions will be changed. In the case of sites in the B-1, B-2 and ZM zones, parking alternatives, other than the availability of on-site spaces, may be accepted.

The extent of any additional surface runoff and any impact on adjoining properties. If there is an anticipated increase in runoff, any approval shall be subject to the review and approval of the Board Engineer.

The extent of any aesthetic impacts, either to the subject property or adjoining properties. Changes to the building facade, landscaping or other site features shall be considered in determining whether or not any negative impacts will result.

The extent of any increase in the number of employees and any impacts associated with that increase.

The extent of any exterior lighting changes and the impacts associated with those changes.

The design of any proposed signage and whether or not it will be attractive and conform with Borough regulations.

§ 161-15 Preliminary major subdivision and preliminary site plan review procedures.

Submission requirements.

Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist. [1]

Editor's Note: Said checklist is included at the end of this chapter.

Board action.

Preliminary major subdivisions.

Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 or less lots within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than 10 lots within 95 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be accepted by the County Clerk for purposes of filing subdivision plats.

If the Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.

Preliminary major site plans.

Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less and 10 dwelling units or less within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.

Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.

Substantial modification.

If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval. In either case, notice pursuant to this chapter and N.J.S.A. 40:55D-1 et seq. shall be required and shall state the nature of the proposed modification. A “substantial modification” shall mean one which increases density of development, increases the square footage of buildings, proposes a different use, would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare and increased drainage runoff, or materially changes a required element of the development plan. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.

If the Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.

Effect of preliminary approval. Preliminary approval of a major subdivision or major site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.

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

In the case of a subdivision of or a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the appropriate Board may grant the rights referred to in the previous subsections above for such period of time, longer than two years, as shall be determined by the appropriate 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the 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 Board grants an extension of preliminary approval pursuant to the previous subsections above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to the previous subsections above.

Simultaneous preliminary and final site plan approval. Combined preliminary and final site plan approval may be granted, provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.

§ 161-16 Final approval of major subdivision and site plan review procedures.

Submission requirements.

Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist. [1]

Editor's Note: Said checklist is included at the end of this chapter.

Board action.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of the preliminary approval, and, in the case of a major subdivision, the standards prescribed in the Map Filing Law, P.L. 1960, c. 141. In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and, in the case of subdivision plans, shall be so accepted by the County Clerk for purposes of filing.

Whenever review or approval of the application by the County Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6, the Board shall condition its approval upon timely receipt of a favorable report on the application by the County Board or approval by the County Board by its failure to report thereon within the required time period.

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Clerk in accordance the subsection below, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for any section of the development which is granted final approval.

In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for the development of nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in the preceding subsection of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

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

Economic conditions.

The comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the following:

The number of dwelling units and nonresidential floor area permissible under final approval;

[2]

The number of dwelling units and nonresidential floor area remaining to be developed;

[3]

Economic conditions; and

[4]

The comprehensiveness of the development.

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

Conditions of approval.

Conditions binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.

Failure to maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements and landscaping are to be installed by and/or dedicated to and maintained by the Borough, county or another party, under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.

Expiration of final major subdivision approval.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.

No subdivision plat shall be accepted for filing by the county until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this chapter and has satisfied all other applicable conditions of final approval. If the county records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

§ 161-17 General development plan.

Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to N.J.S.A. 40:55D-1 et seq. may submit a general development plan to the Board prior to the granting of preliminary approval of that development by the Board pursuant to N.J.S.A. 40:55D-46.

The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Board notwithstanding any provision of N.J.S.A. 40:55D-1 et seq., or an ordinance or regulation adopted pursuant thereto, after the effective date of the approval. The term of the effect of the general development plan approval shall be determined by the Board using the guidelines set forth in Subsection C of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to N.J.S.A. 40:55D-1 et seq. and this article. In making its determination regarding the duration of the effect of approval of the development plan, the Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development and the contents of the general development plan and any conditions which the Board attaches to the approved thereof.

A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area shall be provided.

A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.

An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

Utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.

A stormwater management plan setting forth the proposed method of controlling, managing, and discharging of stormwater on the site.

An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.

A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

(7)

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to N.J.S.A. 52:27D-301 et al will be fulfilled by the development.

(8)

A local service plan indicating those public services which the applicant proposes to provide and which may include, but are not limited to, water and sewer, gas, cable television, electric and solid waste disposal

(9)

A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under this section and following the completion of the planned development in its entirety.

(10)

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and a municipal development agreement, which shall mean a written agreement between the Borough and the developer relating to the planned development.

The Board shall grant or deny general development plan approval within 95 days after 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 Board to act within the period prescribed shall constitute general development plan approval of the planned development.

In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Board. The Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region and the availability and capacity of public facilities to accommodate the proposed development.

The developer shall be required to gain the prior approval of the Board if, after approval of the general plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

Except as provided hereunder, once a general development plan has been approved by the Board it may be amended or revised only upon application by the developer approved by the Board.

A developer, without violating the terms of the approval pursuant to this chapter, may, in undertaking any section of the planned development, reduce the number of residential units or amount of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to N.J.S.A. 52:27D-301 et al without prior municipal approval.

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to N.J.S.A. 52:27D-133. If the Borough does not receive such notification at the completion of any section of the development, the Borough shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with. If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Borough has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Borough shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Borough thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Borough finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.