A. County approval required. Each application for subdivision approval shall be submitted by the applicant to the Burlington County Planning Board, pursuant to N.J.S.A. 40:27-6.3, for review or approval. The Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Burlington County Planning Board or approval by such Board by its failure to report thereon within the required time period.

B. Power to grant waivers. The Planning Board, when acting upon an application for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the procedural requirements and/or design standards established in this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval, if the literal enforcement of one or more of the provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

C. Standards for consideration of subdivision applications. The Planning Board shall consider applications for subdivision approval if the detailed drawings, specifications and estimates of the application for subdivision approval conform to the standards established herein:

(1) The details of the subdivision application are in accordance with the standards of Chapter 215, Zoning, and any and all other ordinances of the Township which may be in existence at the time of the application, and in harmony with the officially adopted comprehensive Master Plan of the Township which may hereafter be adopted.

(2) The application complies with the requirements of N.J.S.A. 40:55D-38.

(3) There are provisions, if required, for off-tract water, sewer, drainage and street improvements which are necessitated by the subdivision application, with any contributions for the cost of same to be computed in accordance with N.J.S.A. 40:55D-42 and § 185-24.

(4) In the event there is a development which proposes construction over a period of years, provisions ensuring the protection of the interest of the public and the residents, occupants and owners of the proposed development in the total completion of the development.

D. Costs, fees and escrows.

(1) In order to defray administrative costs, as well as the cost of professional reviews, the developer shall submit with each subdivision application fees and escrow deposits as set forth in Chapter 91, Fees, § 91-10.

(2) An applicant for a subdivision, including an applicant for an agricultural subdivision, shall be responsible for the payment of all costs associated with the revisions to the Township Tax Maps in regard to such subdivision. The applicant, upon receiving final subdivision approval, including agricultural subdivision approval, shall post with the Township an amount equal to the estimated cost of revising the Township Tax Maps to conform to the subdivision approval for the applicant's project. The Township Engineer shall provide the estimated cost for revising the Tax Maps to the applicant. The applicant shall post such estimated cost with the Township prior to the issuance of any building permit for the subject subdivision, or, in the case of an agricultural subdivision, before approval by the Township for a subdivision map.

(a) The estimated cost paid by the applicant shall be held in an escrow account, in accordance with the provisions of Subsection D(3), below. That portion of the estimated cost which remains unused after the Tax Maps have been revised shall be returned to the applicant.

(b) The applicant shall be responsible for payment of any legal or engineering fees incurred in regard to the revision of the Tax Maps and shall be responsible for any costs so incurred which are in excess of the estimated cost which was paid by the applicant and is held in escrow by the Township.

(3) Whenever the escrows paid under this subsection, § 185-8 and Chapter 91, Fees, § 91-10 shall exceed $5,000, it shall be deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him/her by the Township on an annual basis, or at the time the deposit is repaid or applied for the purpose it was deposited, provided, however, that the Township may retain for administrative expenses a sum equivalent to no more that 331/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses. In the event the interest paid on a deposit for a year does not exceed $100, it shall be retained by the Township.

A. Public hearing; waiver. The Planning Board may waive notice and public hearing of an application for a minor subdivision, provided that the Board finds that the application conforms to the definition of minor subdivision as defined in N.J.S.A. 40:55D-5 and § 185-3.

B. Final approval. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such final approval on terms ensuring compliance with the standards set forth in this chapter and may further condition any such approval upon any guarantees and/or off-tract contributions which are to be computed and made in accordance with this chapter, including § 185-24.

C. Time periods.

(1) Time for Planning Board to act. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the Burlington County Recording Officer for purposes of filing subdivision plats.

(2) Expiration of approval. Approval of a minor subdivision shall expire 190 days from the date of Township approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor, provided that any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board. The Planning Board, in its discretion, 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 with the provisions of this Act.

(3) Term of approval. The zoning requirements and their general terms and conditions, whether conditioned or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided by law.

D. Minor subdivision by plat. The minor subdivision plat, if submitted, shall be based on an actual survey of the tract(s) to be subdivided or resubdivided as well as the remainder parcel, and shall show the following information and meet the following requirements:

(1) The plat shall be clearly and legibly drawn and in conformance with all requirements of New Jersey Map Filing Law, as amended.

(2) A graphic scale not less than one inch equals 100 feet.

(3) Be based on an actual survey prepared by a land surveyor licensed by the State of New Jersey.

(4) Be on standard sheet sizes of 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches.

(5) Existing and proposed lot lines, with bearings and dimensions.

(6) Existing lot lines to be eliminated.

(7) Area of original tract to the nearest square foot.

(8) Area of each proposed lot to the nearest square foot.

(9) All existing structures and uses.

(10) Shortest distance between any existing building and a proposed or existing lot line.

(11) All streams, lakes and drainage rights-of-way within the limits of the tracts being subdivided and within 200 feet thereof, including the location and dimensions of all drainage.

(12) Existing and proposed rights-of-way and easements with and adjoining the tract with dimensions, existing driveways, street names and the purpose for any easement. Sight triangles shall be shown. Copies of deed restrictions must be submitted to the Planning Board.

(13) The name of the owner of the tract to be subdivided and of all adjoining tracts within 200 feet as disclosed by the most recent tax records.

(14) The Tax Map sheet, block and lot number for the tract and all adjacent lots; title; graphic scale; written scale; North arrow; the date of the original drawing and the date and substance of each revision.

(15) The zoning district(s) in which the subject tract lie(s) and the zoning district(s) in which all immediately adjacent properties lie.

(16) The plat must show all front, side and rear yard setback lines on all proposed and existing lots within the proposed tract, conforming to the applicable current zoning ordinance.

(17) A key with a North arrow showing the entire development and its relation to surrounding areas at a scale not less than one inch equals 2,000 feet.

(18) If the application is or includes a resubdivision, it shall be so noted on the title block.

(19) If the applicant is a contract purchaser of the subject tract, it shall be so noted on the plat, and the approval of the record owner of the tract shall be provided by a certification on the plat duly executed and notarized.

(20) The distance in feet to the nearest intersection.

(21) The right-of-way width, pavement width and type, and the name of the street(s) on which the subject tract and all proposed lots front.

(22) Appropriate signature blocks for approving signatures of the Planning Board Chairperson, Secretary (coordinator) and engineer must be provided.

(23) All monuments as required by the New Jersey Map Filing Law. It must be noted whether these monuments have been set.

(24) All certifications as required by the New Jersey Map Filing Law.

(25) Result of a percolation test on each lot.

(26) Contain a statement of the intent of the applicant.

(27) Location of existing wells and septic systems.

E. Minor subdivision by deed. If, pursuant to the provisions of N.J.S.A. 40:55D-47, the applicant elects to file a deed rather than a subdivision plat, and the application meets all the criteria of a minor subdivision as set forth in this chapter, the application for a minor subdivision or resubdivision is subject to the same application procedures as an application by plat, including the application fee and application time period. An application for minor subdivision or resubdivision by deed must include the following items:

(1) A survey map of the tract to be subdivided, prepared and certified by a New Jersey licensed surveyor, and shall contain all information as required by N.J.S.A. 45:8-28 and, in addition, shall show the following information:

(a) All proposed new lot lines and/or lot lines to be eliminated.

(b) The areas of the existing tract and proposed new lots lines.

(c) The location of all existing structures on the subject tract and the setback distances of all structures from any existing or proposed lot line.

(d) All setback lines as per the current requirements of the zoning district in which the subject tract lies.

(2) Upon approval of the application, a deed or deeds of subdivision or resubdivision for each lot created, including any remainder. Such deed shall be in proper form and contain a metes and bounds description of the lot created. The deed must contain provisions for the approval and signatures of the Planning Board Secretary and Chairperson.

A. Submission of plat. The developer shall submit to the approving agency a plat in compliance with the preliminary plat detail section. However, a minor subdivision, as defined above, shall not be subject to this section.

B. Notice of completeness of application. In the event that the application for development is found to be incomplete, the developer shall be notified of the deficiencies thereof in writing, within 45 days of submission of such application by the administrative officer or such application shall be deemed to be complete.

C. Amendment. In the event that the approving agency or its engineer requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of an original application for development.

D. Preliminary approval. The approving agency, if the proposed development complies with N.J.S.A. 40:55D-1 et seq., shall grant preliminary approval of the development.

E. Incomplete data; resubmission; fee. If the application, upon review by the engineer for the approving agency, is deemed to be incomplete in the engineering information presented, the developer shall be required to make application for resubmission of the upgraded preliminary plat submission and shall be required to post the required resubmission fee as set forth in Chapter 91, Fees, § 91-10, to defray the additional review costs required.

F. Time for decision. Upon submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the approving agency 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. Upon the submission of a complete application for a development of more than 10 lots, the approving agency 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. Otherwise, the approving agency shall be deemed to have granted preliminary approval of the development.

G. Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter, except as provided for herein, shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

(1) The general terms and conditions on which preliminary approval were 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. Nothing herein shall be construed so as to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

(2) 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, as the case may be.

(3) The applicant may apply for and the approving agency 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 been revised by ordinance, such revised standards may govern in the event of an extension.

(4) In the case of a subdivision of an area of 50 acres or more, the approving agency may grant the rights referred to in Subsection G(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the 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 shall govern.

(5) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection G(3) or (4) of this section 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.

(6) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before 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, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection G(3) or (4) of this section.

Final approval of major subdivisions shall be as follows:

A. Conformance to standards. The Planning Board shall grant final approval if the final plat and development plans of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and the standards prescribed by the Map Filing Law.

B. Time for decision. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the approving agency to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of written endorsement or other evidence of approval herein required, and shall be so accepted by the Burlington County Recording Officer for purposes of filing subdivision plats.

C. Conditioned on county approval. Whenever review or approval of the application by the Burlington County Planning Board is required by N.J.S.A. 40:27-6.3, the approving agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Burlington County Planning Board or approval by the Burlington County Planning Board by its failure to report thereon within the required time period.

A. Performance and maintenance guarantees. The approving agency may condition final subdivision plat approval upon or as a condition to the issuance of a zoning permit in accordance with N.J.S.A. 40:55D-65, Subsection d. The approving agency a may require and shall accept in accordance with the standards adopted herein for the purposes of assuring the installation or maintenance of on-tract improvements:

(1) Performance guarantee. The furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavements, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments as shown on the final map and required by the Map Filing Law, 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 of open spaces, landscaping and any other on-site improvements as may be reasonably required by the approving agency. The Township Engineer shall review the improvements required by the approving agency which are to be guaranteed and itemize their cost. Such itemization shall be the basis for determining the amount of performance guarantee and maintenance guarantee required by the approving agency. The Township Engineer shall forward his/her estimate of the cost of improvements to the applicant within 30 days of the date of receipt of the request, sent by certified mail, for such estimate.

(2) Maintenance guarantee. Provision for a maintenance guaranty to be posted with the Township 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 improvement. 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 guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by Springfield Township for such utilities or improvements.

B. Extension of time for completion. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Council 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 the installation, as determined as of the time of the passage of the resolution.

C. Failure to complete improvements. In the event 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 Township for the reasonable costs of improvements not completed or corrected, and the Township, either prior to or after the receipt of the proceeds thereof, may complete such improvements.

D. Notice of completion; inspection. Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereafter, the Township Engineer shall inspect all improvements for which such notice has been given and shall file a detailed report, in writing, with the Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

E. Approval of improvements; time; release; partial approval.

(1) The Township Council shall either approve, partially approve or reject the improvements on the basis of a report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of such report and the action of the approving authority with relation thereto, not later than 45 days after receipt of the notice from the obligor of the completion of the improvements. The failure of the Township Council to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee.

(2) Where partial approval is granted, the obligor shall be released from all liability pursuant to his/her performance guarantee, except for that portion adequately sufficient to secure completion of the improvements not yet approved, provided, that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements.

F. Rejection of improvements. If any portion of the required improvements is rejected, the approving agency may require the obligor to complete such improvements and upon completion, the same procedure of notification as set forth above shall be followed.

G. Appeals. Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination by the Township Council or by the Township Engineer.

H. Inspection fees; reimbursement to Township. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements. The developer shall deposit all of the fees to be paid to the Township Engineer for such inspection as provided by Chapter 91, Fees, § 91-10.

I. Approval in stages. In the event that final approval is by stages or sections of development, pursuant to sections set forth in N.J.S.A. 40:55D-38, as amended, the provisions of this section shall be applied by stage or section.

A. Required. In the event that it is determined that the application for final subdivision approval by the developer requires off-tract improvements, the contribution thereon shall be determined pursuant to the provisions of N.J.S.A. 40:55D-42 and § 185-24.

B. Drainage assessment. All major subdivisions and developments are subject to an assessment by the Township, as determined by the Township Engineer and based upon the most current assessment rate for the drainage basin, as delineated by the Springfield Township Master Drainage Plan. If it is determined that the proposed major subdivision or development is designed in such a manner that no stormwater runoff from the tract will be contributed to or handled, disposed of or otherwise affect a storm drainage system of the Township, it shall be exempt from any off-tract drainage assessment by the Township. Should it be determined that only a portion of the proposed tract, development or major subdivision contributes runoff to a Township drainage basin, then the off-tract drainage assessment will be based on that area of the tract actually draining to the Township drainage basin.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54 and § 185-15 of this chapter, or any amendments thereto.

B. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by law, 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 granted pursuant to this chapter.

By the 15th of the month prior to the regular meetings of the approving agency, the developer shall file with the administrative officer at least 15 prints of the minor subdivision map for a minor subdivision, or of the sketch, preliminary or final plat for a major subdivision, of the proposed development for purposes of classification and preliminary discussion, together with the completed application, on forms provided by the Board, and the proper fees as provided for in this chapter and Chapter 91, Fees, § 91-10.

Submission of a sketch plat shall constitute a request for informal review of a concept plan as provided by N.J.S.A. 40:55D-10.1.