Prior to the subdivision or resubdivision of land and prior to the issuance of a construction permit or certificate of occupancy for any development, an application for subdivision, site plan or planned development review, as the case may be, shall be submitted to and approved by the Planning Board in accordance with the requirements of this article, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval.

[Added 9-12-2007 by Ord. No. 936-07]

A. The approving authority may waive the requirement of site plan review, in part or in its entirety, if the Board finds that the proposed development:

(1) Secured previous site plan approval under the terms of this title and the proposed development will have insignificant impact on the previously approved site plan; or

(2) Involves normal repair, maintenance or replacement; or

(3) Will not affect existing circulation, parking, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.

B. An applicant requesting such a waiver shall provide to the approving authority:

(1) An approved site plan, if one exists, along with the resolution of approval for said plan.

(2) A written description of proposed operation and use.

(3) A written description of, and grounds for, waiver request.

When approval of the County Planning Board is required, the applicant shall also file the application with that agency in accordance with its rules and regulations.

Said application shall be filed with the Clerk of the Planning Board at least two weeks prior to a regular meeting of the Planning Board.

[Amended 7-23-1984 by Ord. No. 245-84]

An application under this Part 6 shall contain any and all data and material indicated on the checklist referred to in § 165-41.

The application shall be accompanied by a filing fee pursuant to § 165-13 to cover the technical, investigative and administrative expenses involved in processing the application.

[Amended 7-23-1984 by Ord. No. 245-84]

A. An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Clerk of the Board. In the event that the Clerk of the Board does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist referred to below and provided to the applicant, and the Clerk of the Board has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Planning 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 for development have been met. The application shall not be deemed -incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

B. For the purposes of administering this section, the following checklists for determining completeness of applications are hereby adopted and made part of this chapter:[ Amended 3-8-1995 by Ord. No. 569-95; 10-28-1998 by Ord. No. 672-98; 6-28-2000 by Ord. No. 724-00; 12-13-2000 by Ord. No. 738-00; 4-23-2003 by Ord. No. 815-03; 8-11-2004 by Ord. No. 860-04; 4-13-2005 by Ord. No. 882-05]

(1) Checklist No. 1, Application Checklist, revised February 11, 2005.

(2) Checklist No. 2, Master Development Plan, revised February 11, 2005.

(3) Checklist No. 3, General Development Plan Approval, revised February 11, 2005.

(4) Checklist No. 4, Cellular Tower Site Plan Approval, revised February 11, 2005.

(5) Checklist No. 5, Single-Family Residential Lot Variance Application, revised February 11, 2005.

At the request of an applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The applicant shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. The concept plan shall be in sufficient detail to allow the Planning Board to make an informed decision on the merits of the proposed development. The submission of a concept plan is recommended prior to the filing of a formal application for preliminary subdivision approval and preliminary planned development approval.

A. Upon receipt of an application, the Clerk of the Planning Board shall forward the same to the Subdivision and Site Plan Committee and, in addition, shall send a copy to each of the following for report and recommendation:

(1) Township Engineer.

(2) Tax Assessor.

(3) County Department of Health when review by that agency is required.

(4) Environmental Commission.

(5) Township Board of Health.

(6) Such other federal, state, county and municipal officials and agencies as directed by the Subdivision and Site Plan Committee.

B. The Subdivision and Site Plan Committee shall review the application, along with reports required from any officials or agencies, and shall submit its findings and recommendations to the Planning Board.

C. Time for action by the Planning Board.

(1) The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant:

(2) Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning 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. The applicant shall be notified of the Planning Board's action within one week of its action.

D. Whenever review or approval of an application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time period.

E. Before the Clerk of the Planning Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following:

(1) Township Clerk.

(2) Township Engineer.

(3) Construction Official and Zoning Officer.

(4) Tax Assessor.

(5) County Planning Board.

(6) Township Board of Health.

[Amended 7-23-1984 by Ord. No. 245-84]

A. A minor subdivision application shall be filed in accordance with Article VI above and shall contain all data and information required in § 165-54, as well as all information indicated on Checklist No. 1 for determining completeness of application.

B. If the application is classified and approved as a minor subdivision by the Subdivision and Site Plan Committee, the Committee shall, in turn, refer the application to the full Planning Board for confirmation of its action. If approval as a minor subdivision is confirmed, the plat shall be signed by the Chairman and Secretary of the Planning Board. One copy of the signed plat shall be returned to the applicant within one week following the Planning Board meeting at which classification is confirmed. No further Subdivision and Site Plan Committee or Planning Board approval shall be required. In approving a plat as a minor subdivision or confirming such action, the Subdivision Committee or the Planning Board, as the case may be, may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements pursuant to Articles, IX and X.

C. Classification as a minor subdivision shall expire 190 days from the date of 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 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for minor subdivision, the Planning Board shall be permitted to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than by deed, such plat shall conform to the provisions of said act.

D. The Zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision is granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that said minor subdivision shall have been duly recorded as provided in this section.

E. If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Planning Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.

F. In granting minor subdivision approval, the Planning Board may condition such approval on terms insuring the provision of on-tract improvements pursuant to Article XII.

[Amended 7-23-1984 by Ord. No. 245-84]

The procedures for minor subdivisions as provided in § 165-44 shall, as applicable, apply to minor site plans. An application for minor site plan approval shall contain all information indicated on Checklist No. 2 for determining completeness of application.

A. Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with Article VI and shall contain all information prescribed in § 165-56 or 165-58, as the case may be, as well as all information indicated on Checklist No. 3 or No. 4 for determining completeness of application, as the case may be. [Amended 7-23-1984 by Ord. No. 245-84]

B. Following report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 165-8.

C. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded -pon as in the case of t1ie original application. The Planning Board shall, if the proposed application complies with this chapter, grant preliminary approval.

D. Preliminary approval shall, except as provided in Subsection E of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

(1) That the general terms and conditions on which preliminary approval is 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; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 165-62, 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.

(2) That the applicant shall submit for final approval, on or before the expiration date of preliminary approval, the whole, or a section or sections, of the preliminary subdivision plat or site plan, as the case may be, after which time any such approval shall be null and void. [Amended 8-11-2004 by Ord. No. 859-04]

(3) That the applicant may apply for and the Planning Board may grant extensions of 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.

(4) Any lot that received preliminary subdivision or site plan approval more than three years before the date of adoption of the subject ordinance may apply for final approval within one year of the date of the adoption of the subject ordinance, after which time any such approval shall be null and void. Such application shall be subject to all other requirements of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) during the one-year time period. [Added 8-11-2004 by Ord. No. 859-04]

E. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(l), (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 nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the 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.

F. Prior to granting approval to a preliminary plat, the applicant shall furnish the Planning Board with the following certifications:

(1) Certification from the Board of Health approving the method and type of sewage disposal and water supply.

(2) Where water or sewerage service is to be obtained from other than a municipally owned system, certification from the appropriate agency that it has consented to such method of service and copies of all agreements from private utilities undertaking to provide such services if, the same are not to be supplied by the applicant.

[Amended 7-23-1984 by Ord. No. 245-84]

The procedure for review of a preliminary planned development plan shall be the same procedure as for a preliminary plat or a preliminary site plan, or both, as the case may be, as prescribed in § 165-46, according to the nature of the planned development, and approval shall confer upon the applicant the rights referred to in § 165-46D. An application for approval of a preliminary planned development shall include all data and information prescribed in § 165-56 or 165-58, as the case may be, as well as all information indicated on Checklist No. 3 or No. 4 for determining completeness of application, as the case may be.

[Amended 7-23-1984 by Ord. No. 245-84]

In order to provide flexibility in the review of large planned developments of at least 50 acres in size, an applicant may, at his option, seek preliminary planned development approval in sections or elements, provided that he first seeks and receives approval of a master development plan of the entire tract. The procedure for filing, review and approval of a master development plan shall be the same' as procedures prescribed for a preliminary site plan. Approval of a master development plan of a planned development shall confer upon the applicant the rights described below for the period of time determined by the Planning Board in accordance with § 165-46E. An application for approval of a master development plan of a planned development shall include all information indicated on Checklist No. 7 for determining completeness of application.

A. That the plan shall not be changed with reference to the total number of dwelling units within the planned development, the density range and unit type distribution within each residential area or the ground floor area within any nonresidential area.

B. That the location and specifications for proposed collector roads shall not be changed except as justified by sound engineering practices and that said collector roads may be constructed pursuant to specifications approved by the Township Engineer.

C. That application for preliminary approval of the entire planned development or of a section or elements of the planned development may be submitted for review and approval in accordance with § 165-47.

[Amended 12-8-1986 by Ord. No. 313-86; 8-13-1997 by Ord. No. 632-97R]

A. Guarantees required; surety; release.

(1) 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, the governing body may require and shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements:

(a) The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation, which costs shall be determined by the Municipal Engineer according to the method of calculation set forth herein for improvements which the approving authority may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, 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 space and, in the case of site plans only, other on-site improvements and landscaping. The Municipal 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.

(b) Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvements, 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 herein. 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 the municipality for such utilities or improvements.

(2) 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 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, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth herein as of the time of the passage of the resolution.

(3) If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and the 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.

(4) Report of Municipal Engineer.

(a) 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 governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A. hereof, 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 Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment 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 governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

(b) 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, and the 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 the reduction to be made in the performance guarantee relating to the complete 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(1) hereof.

(5) Approval of improvements.

(a) The governing body, 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 Municipal Engineer and appended to the performance guarantee pursuant to Subsection A(1) hereof. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements except for 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.

(b) If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection A(4) hereof within 45 days from receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party. If the governing body 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 Municipal 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 Municipal Engineer and appended to the performance guarantee pursuant to Subsection A(1) hereof; and the cost of applying to the Court including reasonable attorney's fees, may be awarded to the prevailing party.

(c) In the event that the obligor has made a cash deposit with the municipality 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.

(6) If any portion of the required improvements is rejected, the governing body 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.

(7) Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.

(8) The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality 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. 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 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 the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

(9) In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.

(10) 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(1) hereof, 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 governing body, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.

(11) The party required to file performance and/or maintenance security with the Township in this Subsection shall contact the Township Clerk and obtain a list of the information and documents required for the said filing and will provide the information and documents required to the Township Clerk. The Township Attorney shall review all documents filed with the Township Clerk for acceptability and will prepare the appropriate performance agreement and maintenance agreement relative thereto. The party filing the said documents with the Township Clerk will pay the Township of Clinton the sum of $350 for the preparation of the aforesaid performance agreement and maintenance agreement by the Township Attorney. [Added 4-24-2002 by Ord. No. 773-02]

B. Cost of improvements. The cost of installation of improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals.

C. Cash deposits required for performance or maintenance guarantees. A municipality shall not require that a maintenance guarantee required pursuant to Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash.

D. Letters of credit as performance or maintenance guarantee. The governing body shall accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:

(1) Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined;

(2) Is issued by a banking or savings institution authorized to do and doing business in this state;

(3) Is for a period of time of at least one year; and

(4) Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as stated in the letter of credit.