(C). Final Major Subdivision

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

g. Unpaid Fees Establishes Liens. Any professional or consultant fees incurred as part of the site plan approval or subdivision approval shall become a lien upon the subject premises and shall remain a lien upon the subject premises until they are paid directly or satisfied by payment from escrow accounts. Any professional or consultant vouchers which remain unpaid for thirty (30) days or which cannot be satisfied from existing escrow deposits shall be certified by the administrative officer to the Township Assessor, and the Township Tax Collector. The sums shall be levied and collected at the same time and in the same manner as other Township taxes. All such monies received by the collector shall be paid over to the Administrative Officer to be applied only to the purposes for which they were levied. If an application for development is filed by a person other than the record owner of the premises, the consent of the owner to the filing of the application and to the implementation of this subsection must be indicated in writing on the application. (Ord. #594; Ord. #599; Ord. #652; Ord. #810; 1976 Code § 154-6; Ord. #973, § II; Ord. #977, § II; Ord. #1054; Ord. #1196, § VI)

a. When Required. A public hearing shall be required for the following:

1. Preliminary major subdivision.

2. For any subdivision requiring conditional use approval.

3. For any subdivision requiring site plan approval.

4. For any subdivision requiring planned development approval.

5. For any subdivision requiring a variance of any type.

b. Availability of Maps and Documents Prior to Hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection during normal business hours in the office of the administrative officer at least ten (10) days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

c. Notice of Public Hearings.

1. Notice of a public hearing shall be given to the owners of all real property, as shown on the current tax records, located within two hundred (200') feet in all directions of the property in question.

2. Notice shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Township's Assessor's office. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to paragraph b.

3. Notice shall be given at least ten (10) days prior to the date of the public hearing.

4. The applicant shall also cause notice of the hearing to be published in a newspaper of general circulation in the Township at least ten (10) days prior to the public hearing.

5. Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than forty-eight (48) hours prior to the commencement of the public hearing.

d. Certification of List of Persons Entitled to Notice. Upon the written request of an applicant, the Tax Assessor of the Township shall, within seven (7) days, make and certify a list from current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

e. Other Notification.

1. Notice of all hearings on applications for development involving property located within two hundred (200') feet of an adjoining Municipality shall be given by personal service or certified mail to the clerk of such Municipality.

2. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within two hundred (200') feet of a Municipal boundary.

3. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

4. Notice shall be given by personal service or certified mail to the Director of the division of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative agent of the Township.

f. Effect of Mailing Notice. Any notice made by certified mail shall be deemed complete upon mailing.

g. Verbatim Recording Required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The authority shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

h Written Findings and Conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.

1. Copies and Notification of Decision.

1. A copy of the decision shall be mailed by the approving authority within ten (10) days of the date of the decision to the applicant or, if represented, to his attorney without separate charge, and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee, as specified herein, and available for public inspection at his office during reasonable hours.

2. A brief notice shall be published in the official newspaper of the Township. Such publication shall be arranged by the applicant. The period of time in which an appeal of the decision may be made shall run from the publication of the decision. (Ord. #594; 1976 Code § 154-7)