Article IV Subdivision and Site Plan Review and Approval

Subdivision or individual lot applications for detached one- or two-dwelling unit buildings.

Structures and uses accessory to a residential use, such as a shed, swimming pool or private garage, unless it is a part of an apartment or townhouse project.

A sign for an existing use or structure, which meets all applicable zoning requirements, as determined by the Zoning Officer.

(Reserved)[1]

Editor's Note: Former Subsection C(4), which exempted certain alterations and repairs of existing buildings and uses from the requirement to obtain site plan approval, was repealed 4-24-2007 by Ord. No. O-11-2007.

Sheds smaller than 150 square feet, trash enclosures and similar minor structures smaller than 150 square feet accessory to a nonresidential use.

Nonresidential structures accessory to a farm or agricultural use.

Fences.

§ 253-33 Submission procedure.

[Amended 2-13-2001 by Ord. No. O-1-2001]

The applicant shall submit 15 copies of the complete application for subdivision, site plan or conditional use approval to the Secretary of the reviewing agency. The time for the agency's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing by the Secretary of the reviewing agency within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.

The Secretary of the reviewing board shall distribute the site plan, subdivision and/or conditional use application for review and report as follows:

The review engineer appointed by the reviewing agency.

The Municipal Fire Subcode Official (site plan application only).

The Administrative Officer.

The Zoning Officer.

The Solicitor of the reviewing agency.

Environmental Commission.

Any other local board or agency that may review the application.

All applications for subdivision, site plan or conditional use review and approval shall include or be accompanied by:

Fifteen copies of the appropriate application form(s), completely filled in. If any item is not applicable to the applicant, it should be so indicated on the application form(s).

Certification that no taxes or assessments for local improvements are due or delinquent on the subject property.

Receipt indicating that all fees are paid.

Affidavit of ownership. If the applicant is not the owner, the applicants interest in the land (e.g., tenant, contract purchaser, lienholder, etc.) and the signed consent of the owner shall be provided.

If a corporation or a partnership, a list of the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class as required by N.J.S.A. 40:55D-48. 1 et seq.

Fifteen copies of any required plot plan, site plan or subdivision plan.

Pinelands Commission; wetlands.

Either:

A certificate of filing from the NJ Pinelands Commission as may be required pursuant to Article VII of this chapter; or,

A letter of interpretation from NJDEP identifying the absence of freshwater wetlands or verifying the delineation of the boundaries of a freshwater wetlands area; or,

A letter from NJDEP certifying that the proposed activity is exempt from the regulation under the Freshwater Wetlands Protection Act;[1] or,

Editor's Note: See N.J.S.A. 13:9B-1 et seq.

A copy of any application made to NJDEP for any permit concerning a proposed regulated activity in or around freshwater wetlands.

The reviewing board may waive the above requirements of Subsections C(7)(a)[2], [3] and [4] where it can be established by the applicant and verified by the board and its professionals that no wetlands exist on site or on any contiguous property.

(8)

Statements as to the exact nature of any waiver or variance required by this application and the reasons why the waiver(s) or variance(s) should be granted.

Minor subdivision plat details. Proposed subdivisions which are found by the reviewing board or its authorized committee or designee to comply with the definition of a minor subdivision, contained in this chapter, shall be considered and reviewed according to specific procedures contained in this chapter. In the case of minor subdivisions, the reviewing board may determine either by general rule or, on a case-by-case basis, that a public hearing may be waived. The first approval given a minor subdivision shall be deemed to be final approval of the subdivision, provided that an administrative officer or the Board may condition such approval on terms insuring the provision of improvements as required by this chapter if applicable. The application form for minor subdivision review shall be completed and shall be accompanied by a plat signed and sealed by a licensed land surveyor, which plat shall be a certified survey of the tract, at a suitable scale to enable the entire tract to be shown on one sheet and which shall show or include information indicated on the checklist adopted by the Township by ordinance,[2] or in the absence of a checklist, the following information:

A key map showing the entire subdivision in relation to the surrounding area and roadway system. The key map shall be taken from the Franklin Township Zoning Map,[3] with the property plotted thereon;

Editor's Note: Said map is on file in the Township offices.

All existing structures and wooded areas within the parcel to be subdivided and within 200 feet of said parcel;

The name and address of the owner and the name of all property owners within 200 feet, as disclosed by the most recent municipal tax records;

The tax map sheet, block and lot numbers;

All existing and proposed streets and easements (including public utility easements) within or adjoining the proposed subdivision, with right-of-way widths clearly indicated;

The point of beginning and metes and bounds of the property in question. All measurements shall be in feet and decimals of a foot;

Property corner markers, both found and set, or the relation of existing markers to the property corner;

(8)

The dimensions of all proposed lot lines of all new lots being created and parcels being retained, the minimum front, side and rear building setback lines for each lot; and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated;

(9)

Location, size and direction of flow of all streams, brooks, lakes, watercourses, drainage structures and drainage ditches in the area to be subdivided and 300 feet of the proposed subdivision;

(10)

North arrow and scale at which the plat is drawn and the date of preparation;

(11)

Acreage of the entire tract and of new parcels being proposed;

(12)

Number of new lots being created;

(13)

Name and address of the owner, subdivider and person preparing the plat;

(14)

The classification of the zoning district or districts in which the proposed subdivision is located, and a schedule showing compliance of the proposed lots with the area and bulk standards of the district or districts;

(15)

The location of any proposed open space or recreation area;

(16)

Soil types shall be plotted on the plat as determined from S. C. S. Soil Survey Maps or a field survey by a qualified soil scientist;

(17)

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development;

(18)

For any application in, or adjacent to, the R-A, PA-P and PR-R Districts, the identification of all abutting land that has been assessed currently or within any of the three calendar years preceding the application as qualified farmland under the NJ Farmland Assessment Act,[4] and the location within each subdivision lot of an agricultural buffer required under § 253-101. The location of an agricultural buffer strip shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

(19)

The subdivision plan shall include all applicable certifications required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).

Editor's Note: Said checklist is on file in the Township offices.

Major subdivision sketch plat, preliminary plat and final plat details.

Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include Subsections (1) to (18) of Section D, "Minor Subdivisions" plat details.

Applications for major subdivisions shall be made for preliminary review and approval by the reviewing board and appropriate application forms to be provided by said reviewing board.

Preliminary submission requirements. An application for preliminary plat review and approval shall include a completed application form, together with a preliminary plat which shall be: clearly and accurately drawn or reproduced at a suitable scale and not less than one inch equals 100 feet; designed and drawn by a professional engineer and licensed land surveyor with certification that the outbounds of the tract have been accurately located; designed in compliance with the provisions of this chapter; and show or be accompanied by the information indicated on the checklist adopted by the Township by ordinance,[5] or in the absence of a checklist, the following information:

A key map, based on the Franklin Township Zoning Map,[6] showing the entire subdivision, the proposed street pattern in the area to be subdivided, the distance to the nearest existing developed area, and the relationship of the subject tract to the surrounding area and road system.

[6]

Editor's Note: Said map is on file in the Township offices.

The name of the proposed subdivision; applicable municipal tax map sheets; block and lot numbers; the date; reference meridian; graphic scale; and the following names and addresses:

Name and address of the record owner or owners and the name of all adjoining property owners, as disclosed by the most recent municipal tax records;

Name and address of the subdivider;

Name and address of the person who prepared the plat.

The point of beginning and metes and bounds of the property in question. All measurements shall be in feet and decimals of a foot; the acreage of the tract to be subdivided to the nearest 10th of an acre and the number of lots to be formed. The dimensions of all proposed lot lines of all new lots being created and parcels being retained to the nearest foot and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.

The location of:

Existing and proposed property lines;

Property corner markers, both found and set, or the relation of existing markers to the property corners;

Existing or proposed railroads or bridges;

Existing buildings and structures with an indication of whether they will be retained or removed;

Proposed building setback lines from streets; and

[6]

The outline of any wooded areas, together with the limit of and proposed clearing. Vegetation information may be required in any major subdivision application at the request of the reviewing board.

(e)

Profiles and cross sections of proposed streets within the subdivision and existing streets and highways abutting the subdivision. Typical cross sections of streets shall clearly indicate the type and width of paving, location of curb, location of sidewalks and street tree locations. Buffer or screen planting locations, any existing or proposed sight triangles at intersections and the radius of the curb lines shall be indicated.

(f)

Existing topography with a contour interval of one foot, where slopes are 3% or less; two feet, where slopes are more than 3% but less than 15%. and five feet, where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line. Where any regrading is proposed, finished grade contours should be shown in solid lines.

(g)

All existing watercourses shall be shown and the application shall include or be accompanied by the following data:

In cases where a brook or stream is proposed for alteration, improvement or relocation or when any structures are proposed within the ordinary high water mark of a stream with a drainage area of 1/2 square miles or greater, a stream encroachment permit issued by the N. J. Department of Environmental Protection shall accompany the application.

Cross sections of all watercourses at an appropriate scale, showing extent of floodplain, top of bank, normal water level and abutting lot elevations at the following locations:

[a]

Any point where the watercourse crosses the boundary of the subdivision;

[b]

At 50 feet upstream and downstream of any point of juncture of two or more watercourses; and

[c]

At a maximum of three-hundred-feet intervals along all watercourses which run through or adjacent to the subdivision.

When ditches, streams, brooks or watercourses are involved, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch section profiles, shall be shown on the plat or accompanying it.

The boundaries of the floodplain and special flood hazard areas of all watercourses within or adjacent to the subdivision as are shown on the Franklin Township Flood Insurance Rate Maps.[7]

[7]

Editor's Note: Said maps are on file in the Township offices.

Profile of stream bed 300 feet upstream and downstream from subject property limits.

(h)

The total acreage of the drainage basin, upstream of the proposed subdivision of any watercourse, running through or adjacent to said subdivision.

(i)

The total acreage of the drainage basin (of which the subdivision is part) to the nearest downstream drainage structure.

(j)

The location and extent of drainage or conservation easements and stream encroachment lines.

(k)

The location, extent and water level of all existing or proposed lakes or ponds located within or adjacent to the subdivision.

(l)

The plat shall show or be accompanied by plans and computations for a storm drainage system, including the following:

All existing or proposed storm sewer lines within or adjacent to the subdivision, showing size and profile of the lines, direction of flow and location of manholes and inlets and all calculation sheets used for the design of the proposed storm sewer system.

The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water conservation devices. Plans of proposed utility layouts (sewer, storm drains, water, gas, electricity) shall be included and shall indicate feasible connections to existing or proposed utility systems.

All retention or detention facilities shall be designed to provide a minimum of two feet of separation between the bottom of facility to the seasonal high-water level, as determined by mottling or other approved methods.

(m)

A zoning schedule identifying compliance of the proposed subdivision with the use, density, area and bulk and parking regulations of this chapter.

(n)

A landscape plan showing the location of all plant materials to be installed on site and all areas of existing vegetation to be preserved.

(o)

Any lands to be dedicated or reserved for public use shall be clearly indicated.

(p)

The location of all underground or surface utilities and easements to accommodate them shall be clearly indicated.

(q)

A copy of any protective covenants or deed restrictions proposed for application to the land being subdivided shall accompany the preliminary plat.

(r)

The location of standards, distance from intersections and illumination factors for all streetlighting shall be included.

(s)

An area acceptable to the reviewing board as to location and shape, suitable for recreation purposes, shall be shown. Such area shall be consistent with the provisions of § 253-50A(31), (32) and (33).

(t)

A soil erosion and sediment control plan.

(u)

A site clearing plan showing the limits of clearance, all areas of disturbance and detailing proposed vegetation protection measures.

(v)

For any application in or adjacent to the R-A, PA-P and PR-R Districts, the identification of all abutting land that has been assessed currently or within any of the three calendar years preceding the application as qualified farmland under the NJ Farmland Assessment Act,[8] and the location within each subdivision lot of an agricultural buffer required under § 253-101. The location of an agricultura1 buffer shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.

[8]

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

(w)

A list of other agencies requiring their approval and the status of the application of these agencies.

(x)

Any other information deemed necessary to the review of the subdivision by the reviewing board, Township Engineer or Township Planner.

(y)

A Phase 1 environmental report shall be provided for any proposed development.

[Added 4-24-2007 by Ord. No. O-11-2007]

Editor's Note: Said checklist is on file in the Township offices.

Final submission requirements. Final submission plats shall be accompanied by an appropriate completed application form, shall be drawn in ink on translucent tracing cloth or its equivalent at a suitable scale; and shall comply with all provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show, or be accompanied by, only that information and those details specified in the aforementioned New Jersey Map Filing Law or in the information indicated on the checklist adopted by the Township by ordinance,[9] or in the absence of a checklist, the following list:

Date, location and name of the subdivision, name of the owners, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, lot lines and other site lines, all with accurate dimensions, bearings or deflection angles and radius, arcs and central angles of all curves.

The purpose of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.

All natural and artificial watercourses, streams, shorelines, water boundaries and encroachment lines shall be shown.

(e)

Each block and lot shall be numbered, with the lots within each block numbered consecutively beginning with Number 1, and shall be subject to the approval of the Tax Assessor.

(f)

Minimum building setback lines on all lots and other sides.

(g)

Location and description of all monuments.

(h)

Names of owners of adjoining land parcels.

(i)

Certification by a licensed land surveyor as to the accuracy of details of the plat.

(j)

Certification that the applicant is owner, or equitable owner, of the land or a representative thereof, or that the owner has given consent under an option agreement.

(k)

An updated certification from the tax collector that there are no delinquent taxes charged to the property involved in the subdivision.

(l)

The preliminary plat, engineering details, cross sections and profiles of streets and plan and profiles of storm drainage systems approved by the Municipal Engineer shall be required to accompany the final plat with all conditions of preliminary approval met and reviewed by the engineer prior to the final plat submission.

(m)

If applicable, plans and profiles of sanitary sewers and water mains approved by the municipal utilities authority will be required to accompany the final plat.

(n)

When approval of a plat is required by an officer or body of the municipality, county or state, approval shall be certified on the plat prior to its filing in the office of the County Clerk.

(o)

All approvals, notices and permits from other agencies.

(p)

Performance guarantees, approved by the Municipal Solicitor as to form and the Municipal Engineer as to amount, sufficient to insure the satisfactory completion of improvements and facilities as required by the resolution of the reviewing board granting preliminary approval. The developer's engineer shall submit a detailed engineer's estimate for review and approval by the Municipal Engineer.

(q)

The subdivision plan shall include all applicable certifications required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).

[9]

Editor's Note: Said checklist is on file in the Township offices.

Site plan details and submission requirements. In cases requiring site plan review and approval, applications for development shall be accompanied by information and documentation specified in this section.

Preliminary submission requirements.

Site plans submitted for conventional developments shall include materials that clearly show conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed development, and the appearance and function of the proposed development. The various elements of the site plan shall be prepared by the professionals, as required by New Jersey Statute 13:40-7.1, licensed to practice in the State of New Jersey, according to the following instructions and including the information indicated on the checklist adopted by the City by ordinance,[10] or in the absence of a checklist, the following information and data:

Site plans shall be drawn to a scale of not less than one inch to 50 feet, or in the case of an area of 50 acres, the plot plan may be drawn to a scale of one inch to 100 feet. All distances shall be in decimals of a foot and all bearings shall be given to the nearest tenth-second and the error of closure of the tract shall be one in 10,000 and certified by a licensed land surveyor.

A key map showing the entire parcel to be developed and its relation to the surrounding area, based on the Franklin Township Zoning Map.[11]

[11]

Editor's Note: Said map is on file in the Township offices.

Title of development, north point, scale, name, address of record owner and persons preparing the site development plan with their seal and signature affixed to said plan.

The name of the owners of record of all adjacent properties and the block and lot numbers of such adjacent properties.

All existing school, zoning and special district boundaries located on or adjacent to the property involved. Such boundaries shall be shown on the key map accompanying the detailed site plan.

[6]

The boundaries of the property involved, building or setback lines of existing streets, lots, reservations, easements and other areas dedicated to public use.

[7]

The location of existing buildings and all other structures such as, but not limited to, signs, culverts, bridges (with spot elevations of such structures), walls, fences, roadways and sidewalks.

[8]

The location of all proposed use areas, buildings, structures (including fences, roadways and sidewalks) and special sites for individual uses, all including proposed grades.

[9]

A zoning schedule identifying compliance of the proposed development with the use, density, area and bulk and parking regulations of this chapter.

[10]

The location and design of any off-street parking or loading areas, showing size and location of bays, aisle ways, barriers. pedestrian access, vehicular access and number of parking or loading spaces.

[11]

All means of vehicle access and egress proposed for the site, showing size and location of driveways and driveway or curb openings to existing public streets.

[12]

Location of all storm drainage pipes, structures and watercourses, whether publicly or privately owned, with pipe sizes, grades and direction of flow, whether existing or proposed, and, also, whether above or below the ground surface.

[13]

Existing topography with a contour interval of one foot, where slopes are 3% or less; two feet, where slopes are more than 3% but less than 15%, and five feet, where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line. Where any regrading is proposed, finished grade contours should he shown in solid lines.

[14]

Location of existing high points, depressions, ponds, marshes, wooded areas and other significant existing natural features. Vegetation information may be required at the request of the reviewing board. Watercourses and public roads, located within 1,000 feet of the site, shall be shown on the key map.

[15]

A certified survey, prepared by a land surveyor licensed in the State of New Jersey, shall accompany site plans and show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use or to common open space.

[16]

In the case of new or expanded nonresidential buildings or multifamily residential development, the site plan shall be accompanied by preliminary architectural floor plans and elevations, with the name, address, professional number and seal of the architect involved.

[17]

All proposed street profiles and cross sections shall be shown, indicating width of sidewalks and location and size of utility lines, according to the standards and specifications of Franklin Township. Such features are to be shown on a separate map, when necessary.

[18]

Location of all proposed sewer and water lines, valves, hydrants and other appurtenances or alternative means of water supply and sewage disposal and treatment in conformance with the applicable standards of the appropriate municipal, county and state agencies.

[19]

The proposed positioning, direction, illumination, wattage and periods of operation of all proposed outdoor lighting to be used anywhere on the site or in connection with any proposed building or structure (including signs) thereon.

[20]

Location of all proposed signs, their size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and freestanding and facade signs, together with the nature and time control of sign lighting.

[21]

A landscape plan showing the location of all plant materials to be installed on site and all areas of existing vegetation to be preserved.

[22]

A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.

[23]

An internal surface drainage plan, designed to produce no greater volume of surface runoff from the site subsequent to development, than that existing prior to development.

[24]

A soil erosion and sediment control plan.

[25]

A site clearing plan showing the limits of clearance, all areas of disturbance and detailing proposed vegetation protection measures.

[26]

For any application in, or adjacent to, the R-A, PA-P and PR-R Districts, the identification of all abutting land that has been assessed currently or within any of the three calendar years preceding the application as qualified farmland under the NJ Farmland Assessment Act,[12] and the location within each subdivision lot of an agricultural buffer required under § 253-101. The location of an agricultural buffer shall not be required for any subdivision lot that is intended to be farmed and is five acres or more in area, or if farmland assessment on the adjacent lot has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.

[12]

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

[27]

Such other information or data as may be required by the reviewing board, reviewing engineer or administrative officer, in order to determine that the proposed development is in accord with the Master Plan and all applicable ordinances of Franklin Township.

[28]

A listing of other required permits from agencies having jurisdiction and the status of each permit required.

[Added 4-24-2007 by Ord. No. O-11-2007]

[29]

A Phase 1 environmental report shall be provided for any proposed development.

[10]

Editor's Note: Said checklist is on file in the Township offices.

In any case of any planned development, the application for site plan review shall be accompanied by 15 copies of all site plans and other documenting material. Prior to the determination of completeness of the application for preliminary approval of any planned development under the terms of this chapter, the reviewing board administrative officer shall, insofar as possible, secure the advice of the reviewing engineer and all other experts hired by the reviewing board to review planned development applications concerning the adequacy of plans submitted and the completeness of the submission. In addition to the materials and data required in connection with conventional site plan applications, as set forth above, an application for planned development shall show or be accompanied by:

An open space management report setting forth the form of organization proposed to own or maintain the common open space. Information shall be provided establishing that the association or other entity proposed to administer such common open space will have adequate funding and a sufficient organization to properly maintain, repair and replace such open space and its structures and facilities.

The use, approximate height and bulk of proposed buildings and other structures.

Modification of existing municipal ordinance requirements governing streets or ways or the use, density and location of buildings or structures being requested.

The projected schedule for development and the approximate times when final approvals will be requested.

A statement as to why the public interest would be served by the proposed development.

Final submission requirements. Site plans shall be submitted for final approval in accordance with the provisions of this chapter and shall contain or be accompanied by the information indicated on the checklist adopted by the Township by ordinance,[13] or in the absence of a checklist, the following:

Information and data contained in the submission for preliminary approval. Final site plans shall be drawn to a scale of not less than 50 feet to the inch.

Any site plan revisions, additional data or revised documentation required by the reviewing board in its resolution granting preliminary approvals.

Offer of dedication of streets or other public ways and deeds for any public open space resulting from the preliminary development approval.

Performance guarantees approved by the Municipal Solicitor, as to form, and the Municipal Engineer, as to amount, sufficient to ensure the satisfactory completion of improvements and facilities, as required by the resolution of the reviewing board granting preliminary approval. The developer's engineer shall submit a detailed engineer's estimate for review and approval by the Municipal Engineer.

(e)

A statement from the Municipal Engineer that adequate construction plans for all streets, drainage and other facilities covered by the municipal standards are adequate and comply with municipal standards.

(f)

All approvals from other agencies haying jurisdiction.

(g)

The following certifications shall appear on the site plan:

Final Site Plan Approval granted on (insert date) by the Franklin Township Planning Board (or Zoning Board of Adjustment).
_____________________________________________________________
Chairman	Date
_____________________________________________________________
Secretary	Date
I hereby certify that the engineering conditions imposed on this application for final site plan approval have been met:
_____________________________________________________________
Board Engineer	Date

[13]

Editor's Note: Said checklist is on file in the Township offices.

Common open space documents. These documents shall ensure the adequate organization and financial soundness of the association or other entity proposed to own or maintain the common open space. Such documents shall include:

Articles of incorporation for any homeowner's association, condominium association or other organization to be established to maintain the common open space.

A master deed or declaration of covenants and restrictions detailing the rights and privileges of individual owners and residents, restricting the use of the common open space and establishing a system of fees assessed against individual owners. A proposed schedule of membership fees for at least the first five years of operation shall be provided.

Bylaws and membership rules and regulations of any such organization defining the details of its organization and operation.

The Board Solicitor must review and approve the declaration of covenants and restrictions.

Requirement waivers.

In the case of a particular application, the reviewing board may waive any of the requirements or details specified to be shown on the subdivision or site plan if the applicant can demonstrate to the reviewing board's satisfaction that certain required site plan data are not necessary to be shown in order for the reviewing board to be able to determine clearly that all comprehensive plan proposals and policies and all Franklin Township ordinance provisions will be complied with by the proposed developer and that the proposed development will have no deleterious effect on neighboring properties.

§ 253-33.1 Planned developments; general development plans.

Before waiving any application requirements, the reviewing board shall, on the advice of its professional advisors, make a finding that the development plan in question will provide sufficient materials and information to assure the adequate protection of the health, safety and public welfare of the people of Franklin Township.

[Added 2-13-2001 by Ord. No. O-1-2001]

Findings for planned developments. Prior to approval of such planned developments, the Planning Board shall find the following facts and conclusions.

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;

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;

That provisions throughout 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;

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

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.

Duration.

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 Planning Board, notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of approval.

The term of the effect of the general development plan approval shall be determined by the Planning Board, using the guidelines set forth in Subsection B(3) 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. The developer must obtain final approval of the first section of the planned development within five years of the date the developer received approval of the planned development or, upon the failure to obtain final approval of the first section within five years, the approval for the entire planned development shall expire. In the event of expiration of the approval, the conditional use shall be deemed terminated with respect to any portion of the planned development not yet constructed, and existing zoning requirements shall thereafter govern such portion not yet constructed. In the event of expiration of approval, the applicant's obligation to complete improvements secured by performance guarantees shall not be affected by such expiration.

In making its determination regarding the duration of the effect of approval of the development plan, the Planning 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 Planning Board attaches to the approval thereof.

Contents. A general development plan may include, but not be limited to, the following:

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 ratio 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.

A 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 and managing 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.

(8)

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 P.L. 1985, c. 222 (N.J.S.A. 52:27d-301 et seq.) will be fulfilled by the development.

(9)

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

(10)

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 the 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 Subsection C(11) of this section and following the completion of the planned development in its entirety.

(11)

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.

(12)

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

Approval procedure.

Any developer of a parcel of land greater than 100 acres in size, for which the developer is seeking approval of a planned development, shall submit a general development plan to the reviewing board prior to the granting of preliminary approval of that development by the reviewing board.

The Planning 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.

Timing schedule; modification. In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning 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; nonresidential space within the municipality and the region; and the availability and capacity of public facilities to accommodate the proposed development.

Variation in certain physical features; approval required.

Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development 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.

Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection pursuant to P.L. 1973, c. 185 (N.J.S.A. 13:19-1 et seq.), shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the variation being proposed is a direct result of such determination by the Department of Environmental Protection, as the case may be.

Amendments; approval required.

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

A developer, without violating the terms of the approval pursuant to this act, 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 P.L. 1985, c. 222 (N.J.S.A. 42:27D-301 et seq.) without prior municipal approval.

Completion of development sections.

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 section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality 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 municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality 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 municipality 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 municipality 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.

In the event that a developer, who has general development plan approval, does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

Termination of general development approval. In the event that a development, which is the subject of an approved general development plan, is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development, in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

§ 253-34 Off-tract improvements.

The approving authority shall require, as a condition of preliminary subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to the provisions of the circulation and comprehensive utility services plans included in the Township Master Plan. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated by the township for all but his pro rata share of the cost of the improvements.

Pro rata share is not limited to the special or peculiar benefit which the applicant's property receives by reason of the improvement. The Planning Board may also give consideration to the fact that the need for the off-site improvement was created by the proposed subdivision. The Planning Board may require the applicant to pay the difference between the cost of the improvement and the total amount by which all properties served thereby, including the applicant's property, have been specially benefited by the improvement. There shall be no pro rata allocation by the Planning Board if the off-site improvement benefits only the applicant's tract. The entire cost therefor may be imposed upon the applicant.

§ 253-35 Time limits for decisions.

[Amended 2-13-2001 by Ord. No. O-1-2001]

Determination of a complete application.

Within 45 days of the submission of an application for development pursuant to Subsections B, C and D (below) the reviewing board or its authorized committee or designee shall certify in writing if the application is complete for the purposes of commencing the applicable time period for review specified in Subsections B, C and D. In the event that the reviewing board, committee or designee does not act to issue a certification within the forty-five-day time period, the application shall automatically be deemed complete for review. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application.

An application shall not be certified as complete if it lacks information indicated on the checklist adopted by the Township by ordinance[1] and provided to the applicant along with the development application forms.

Editor's Note: Said checklist is on file in the Township offices.

The applicant may include with their application a request to waive one or more of the required checklist items that shall be granted or denied with 45 days.

The reviewing board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter 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 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 reviewing board.

Site plans.

Upon the submission to the Secretary of the reviewing board of a complete application for a site plan for 10 acres of land or less, the reviewing 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, except that if the application for site plan approval also involves an application for relief pursuant to § 253-26 of this chapter, the reviewing board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant.

Upon the submission of a complete application for a site plan of more than 10 acres or for a conditional use approval, the reviewing board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Subdivisions.

Upon the submission to the Secretary of the reviewing board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 253-3 of this chapter, the reviewing 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, except that if the application for subdivision approval also involves an application for relief pursuant to § 253-26 of this chapter, the reviewing board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant.

§ 253-36 Public hearing on certain site plan applications.

Upon the submission of a complete application for a subdivision of more than 10 lots, the reviewing 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.

Failure of the reviewing board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.

The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

If the reviewing 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 reviewing board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the reviewing board for informal review, and neither the reviewing board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited by his submission of a sketch plat, and the time for the reviewing board's decision shall not begin to run until the submission of a complete application.

A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application for preliminary approval, show five or more off-street parking areas. A public hearing is not required for all other site plan applications.

§ 253-37 Rights under preliminary approval.

Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting, both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the township 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 or site plan.

§ 253-38 Final approval of site plans and major subdivisions.

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

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A above for such period of time, longer than three years, as shall be determined by the reviewing 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 reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing 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 may govern.

Whenever the reviewing board grants an extension of preliminary approval pursuant to Subsections A or B (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.

[Added 2-13-2001 by Ord. No. O-1-2001]

The reviewing board shall grant an extension of the 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 the later of the following: what would otherwise be the expiration date of preliminary approval, or the 91st day after the developer receives the last legally required approval from other governmental entities. An extension granted pursuant to this subsection shall not preclude the reviewing board from granting an extension pursuant to Subsections A or B of this section.

[Added 2-13-2001 by Ord. No. O-1-2001]

The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,[1] provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition 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.

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

Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the approving authority as to failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.[2]

§ 253-39 Exceptions to subdivision or site plan regulations; simultaneous review and approval.

Editor's Note: Former Subsection C, regarding completed applications for final approval, which subsection immediately followed this subsection, was repealed 2-13-2001 by Ord. No. O-1-2001.

The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The approving authority, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plan shall include reference to the request for such conditional use.

§ 253-40 Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 253-37 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, 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 in § 253-37 of this chapter. 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 § 253-43 of this chapter, the approving authority 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 pursuant to § 253-37 of this chapter for the section granted final approval.

In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the approving authority 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 reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority 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.

[Added 2-13-2001 by Ord. No. O-1-2001]

§ 253-41 Guaranties required.

[Amended 2-13-2001 by Ord. No. O-1-2001]

Before recording of final subdivision plats, or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority may require and shall accept in accordance with standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

The furnishing of a performance guaranty in favor of the township in an amount not to exceed 120% of the cost of installation which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:54D-53.4 for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements or open space and, in the case of site plans only, other on-site improvements and landscaping. The performance guarantee shall run for a period of two years from the date of receipt by the Township or one year from the date of issuance of the first construction permit in the development or phase thereof, whichever occurs first. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

Provisions for a maintenance guaranty to be posted with the Township Committee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:54D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance of maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as a part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law.[1]

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

List of improvements.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after the receipt of the obligor's request.

The list prepared by the Municipal Engineer shall state in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, or remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.

Approval or rejection of improvements.

The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection (A) of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guarantee, the Township may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.

If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, and the cost of applying to the court, including reasonable attorney fees, as may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000 fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the initial amount deposited by a developer drops to 10% of the reasonable anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

In the event that final approval is by stages or sections of development pursuant to Subsection a of N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.

To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.

§ 253-42 Minor subdivisions.

[Amended 7-10-1990 by Ord. No. O-13-90; 2-13-2001 by Ord. No. O-1-2001]

The reviewing board shall waive notice and public hearing for an application for development if the Subdivision Committee of the reviewing board, appointed by the Chairman, finds that the application for development conforms to the definition of "minor subdivision" in § 253-3 of this chapter, and provided further that said application does not contain more than three lots in total. Minor subdivision approval shall be deemed to be final approval of the subdivision by the board.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the reviewing board as to the failure of the reviewing board to act shall be issued on 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 County Planning Board is required by N.J.S.A. 40:27-6.3, the Township reviewing board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141,[1]or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the reviewing board. In reviewing the application for development for a proposed minor subdivision, the reviewing board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said act.

§ 253-44 Sale prior to approval; penalty.

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

The zoning district 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 herein.

The reviewing board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section if the developer proves to the reasonable satisfaction of the Planning 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 or quasigovernmental entities; and that the developer applied promptly for and diligently pursued these 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The reviewing board shall grant an extension of minor subdivision approval for a period determined by the board not to exceed one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the reviewing 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 or quasigovernmental 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 minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

§ 253-43 Filing of subdivision plats.

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 developer with the county recording officer. The approving authority 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.

Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 253-41 of this chapter.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which township approval is required by this chapter, such person shall be subject to a penalty not to exceed $500, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 253-45 of this chapter.

§ 253-45 Certification of approval.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Township Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

That there exists in the Township of Franklin a duly established Planning Board and there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law of 1975, c. 291.