26-3 ADMINISTRATION AND ENFORCEMENT.
26-3.1 Jurisdiction of Approving Authorities.

a Planning Board as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Planning Board shall act as the approving authority for subdivision plats as a condition for filing such plats with the County recording officer, either individually or as a part of a simultaneous application, as follows:

1. For minor subdivisions.

2. For preliminary and final major subdivisions.

3. For minor and major subdivisions which also require conditional use approval.

4. For minor and major subdivisions which also require site plan approval.

5. For minor and major subdivisions which also require planned development approval.

6. For minor and major subdivisions in which a variance request, in accordance with N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements is sought, provided that relief from lot area requirements shall not be granted for more than one (1) lot.

b. Board of Adjustment as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as the approving authority for subdivision plats as a condition for filing such plats with the County recording officer as follows:

1. Where a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which a subdivision is a part of the application.

c. Planning Board and Board of Adjustment Acting as Approving Authorities. In the case of a variance request, pursuant to N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements, where the relief sought from lot area requirements exceeds one (1) lot, the applicant shall proceed initially with the Board of Adjustment as to the lot area variance only, and, if approved by the Board of Adjustment, the applicant shall then proceed with the balance of the variances requested before the Planning Board.

d. Exception in Application of Subdivision Regulations. The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements of this Chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review if the literal enforcement of one (1) or more provisions of the Chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

e. Simultaneous Review and Approval. The approving authority shall have the power to review and approve one (1) or more Land Use Ordinance requirements simultaneously with review for subdivision approval without the applicant 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 is for subdivision, conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include reference to the request for such conditional use or use variance.

f. If the approving authority reviews an application for minor or major subdivision approval for a development which also requires a soil movement permit pursuant to Chapter XX of the Township Code, then the developer, at the time of the filing of the application for subdivision approval, shall also submit (in duplicate) a completed soil removal application form. This completed form is for informational purposes only and shall not be considered as an application for a soil removal permit as required by Chapter XX of the Township Code. The approving authority may grant final subdivision approval subject to certain restrictions on soil removal included in any soil removal permit obtained by the developer for the subject property pursuant to Chapter XX of the Township Code. (Ord. #594; Ord. #726; 1976 Code § 154-5)

26-3.2 Fees.

The following fees shall accompany the appropriate application. The fees shall be paid in cash or certified or bank check, payable to the Township as follows:

a. Filing Fee for Minor Subdivision. Fee shall be one hundred ($100.00) dollars plus forty ($40.00) dollars per lot.

b. Filing Fee for Preliminary Major Subdivision Approval. Fee shall be one hundred fifty ($150.00) dollars and forty ($40.00) dollars for each proposed lot.

c. Filing Fee for Final Approval. The filing fee for final approval shall be one hundred ($100.00) dollars for any subdivision less than four (4) lots. For major subdivision which creates four (4) or more lots, the filing fee shall be one hundred fifty ($150.00) dollars plus fifteen ($15.00) dollars for each proposed lot in excess of four (4) lots.

d. The developer shall reimburse the municipality for all reasonable Inspection fees paid to the municipal engineer for Inspection of Improvements. The developer shall deposit the reasonably anticipated fees to be paid to the municipal engineer for such Inspection. 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 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 make additional deposits of 25% of ft reasonably anticipated fees. The municipal engineer shall not perform any inspection if sufficient funds to pay for those Inspections are not en deposit. The developer shall upon notice from the Township's Chief Financial Officer, submit replenishment funds within 14 days of receipt of said notice. During this 14 day period all required health and safety inspections shall be performed. All costs associated with un-reimbursed required health and safety Inspections during this 14 day period shall become a lien upon the property being developed. If, at the and of the 14 day period the developer has not submitted replenishment funds, the Chief Financial Officer shall notify the Township Engineer of same who shall issue a Stop Work Order for the project.

**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 1196; April 13, 1995.

e. Fees for Specific Services. The following fees shall be applicable for the services described herein:

1. Reproduction of minutes of meetings: twenty-five ($0.25) cents per page or the reproduction costs to the Municipality, plus ten (10%) percent for electronic minutes.

2. Cost of transcripts to interested parties: at cost to Municipality plus ten (10%) percent.

3. Copy of decision: twenty-five ($0.25) cents per page.

4. Certified list of persons requiring notice: ten ($10.00) dollars.

f. Escrow Fees.

1. In addition to the required application In fees established herein, the applicant shall be required to an escrow account with the Township to cover the reasonable costs of professional review and consultation. The amount of the fee shall be reasonable in regard to the scale, Intensity and complexity of the development.

2. Escrow fees shall be required for:

(a) Preliminary subdivision approval.

(b) Final subdivision approval.

(c) Any subdivision requiring conditional approval.



(d) Any subdivision requiring she plan approval,

(e) Any subdivision requiring plan development approval

(f) Any subdivision requiring a variance any type.

(g) Minor subdivisions.

3. The Initial Escrow Deposit for Subdivision Review shall be determined by multiplying the total number of proposed lots or dwelling units multiplied by the unit value from Table 2 added to the fixed fee for the range of lots indicated on Table 2.