Whenever the planning board has prepared a capital improvement program pursuant to section 62-2646, it shall recommend such program to the township council, which may adopt such program with any modification approved by affirmative vote of a majority of the full authorized membership of the township council and with the reasons for the modification recorded in the minutes. (Code 1988, § 175-192)

Whenever the planning board shall have adopted any portion of the master plan, the township council or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the planning board for review and recommendation in conjunction with such master plan and shall not act thereon without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district or other authority; redevelopment agency; school board; or other similar public agency, state, county or municipal. (Code 1988, § 175-193)

Notice, by personal service or certified mail, shall be made to the county planning board of the adoption, revision or amendment of the capital improvement program not more than 30 days after the date of such adoption, revision or amendment. The notice shall include a copy of the township capital improvement program or any proposed revision or amendment thereto, as the case may be. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing. (Code 1988, § 175-194)

(a) The township council may, by ordinance, adopt or amend an official map of the township, which shall reflect the appropriate provisions of the township master plan. The township council may adopt an official map or an amendment or revision thereto which, in whole or in part, is inconsistent with the appropriate designations in the subplan elements of the master plan only by the affirmative vote of a majority of its full authorized membership, with the reasons for so acting recorded in the minutes when adopting the official map. Prior to the hearing on the adoption of any official map or amendment thereto, the township council shall refer the proposed official map or amendment to the planning board.

(b) The official map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the township may reserve for future public use such streets, ways, basins and areas in the manner provided in section 62-161. (Code 1988, § 175-195)

The approval by the township council by ordinance, under the provisions of any law other than as contained in this chapter, of the layout, widening, changing the course of or closing any street or the widening or changing the course of any public drainageway or changing the boundaries of a flood control basin or public area shall be subject to relevant provisions of this chapter. (Code 1988, § 175-196)

Notice, by personal service or certified mail, shall be made to the county planning board of the adoption, revision or amendment of the municipal official map not more than 30 days after the date of the adoption, revision or amendment. Any notice provided under this section shall include a copy of the municipal official map, and any notice by certified mail pursuant in this section shall be deemed complete upon mailing. (Code 1988, § 175-197)

The official map of the township shall not take effect until filed with the county recording officer. (Code 1988, § 175-198)

Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the township council, within 35 days after referral, a report including identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the board deems appropriate. The township council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the planning board to transmit its report within the 35-day period provided in this section shall relieve the township council from the requirements of this section in regard to the proposed development regulation, revision or amendment thereto referred to the planning board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of subsection a. of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto. (Code 1988, § 175199)

(a) Notice, by personal service or certified mail, shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving a property situated within 200 feet of such adjoining municipality at least ten days prior to the date of any such hearing.

(b) Notice, by personal service or certified mail, shall be made to the county planning board of all hearings on the adoption, revision or amendment of any development regulation at least ten days prior to the hearing. Any notice provided under this section shall include a copy of the proposed development regulation or any proposed revision or amendment thereto, as the case may be, and any notice by certified mail shall be deemed complete upon mailing. (Code 1988, § 175-200)

No development regulation dealing with zoning, subdivision or site plan review or any revision or amendment thereto shall take effect until a copy thereof shall be filed with the county planning board. (Code 1988, § 175-201)

The township council shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning board, which shall prepare and adopt by resolution a report on the findings of such reexamination. A copy of such report shall be sent to the county planning board and the municipal clerks of each adjoining municipality. The six-year period shall commence with the adoption or termination of the last general reexamination of such plan and regulations. The first such reexamination shall be completed within six years after the effective date of the New Jersey Municipal Land Use Law, which effective hate was August 1, 1976 The report shall state the following:

(1) The major problems or objectives relating to land development in the township at the time of such adoption, last revision or reexamination, if any.

(2) The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

(3) The extent to which there have been significant changes in the assumptions, policies and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses; housing conditions; circulation; conservation of natural resources; energy conservation; the collection, disposition and recycling or designated recyclable materials; and changes in state, county and municipal policies and objectives.

(4) The specific changes recommended for such plan or regulations, if any, including underlying objectives, policies and standards or whether a new plan or regulation should be prepared. (Code 1988, § 175-205)

The prohibition of development in order to prepare a master plan or development regulations is prohibited. (Code 1988, § 175-206)

This chapter, being necessary for the welfare of the township and its inhabitants, shall be construed liberally to effect the purposes thereof. (Code 1988, § 175-212)

All applications for development made pursuant to lawful authority preceding the effective date of the ordinance from which this chapter is derived may be continued. (Code 1988, § 175-213)

(a) Matters to be disclosed, proof of disclosure. Every applicant engaged in development of major residential subdivisions or major residential site plans in the township shall be required to provide, in writing, to every potential purchaser of any lot of dwelling the information set forth in this subsection regarding the land and/or structures which are the subject of potential sale. An acknowledgement of receipt of disclosure materials at or prior to a contract of sale, in a form to be provided by the township which has been signed by the purchasers, shall be submitted to the code enforcement agency prior to issuance of a certificate of occupancy for each unit. The code enforcement official may waive the timing of the execution of the acknowledgement provided a waiver, on a form to be provided by the township and signed by the purchasers acknowledging receipt of the disclosure materials prior to closing of title, is submitted prior to issuance of a certificate of occupancy for each unit. The information to be disclosed includes, at a minimum, the following:

(1) Conditions of approval. Any conditions of approval for construction which have been imposed by any municipal agency or official.

(2) Review of all approval resolutions and developers agreement. The prospective purchaser has received the attached resolutions granting preliminary and final subdivision approval and, where applicable, preliminary and final site plan approval relating to the section where the dwelling is located and all abutting sections. This is also to include the developer's agreement, if any. Any changes to the approvals require notification by the developer to all persons under contract as well as current owners and those within 200 feet of the subject application as set forth in an official list to be obtained from the township.

(3) Ownership of public areas. The existing or proposed methods of ownership of all streets, roads, improvements or open space.

(4) Adjacent properties. Classification of properties adjacent and within 200 feet of the development according to the township master plan and zoning map, as well as a description of proposed or approved projects which abut the development in question and their location in relation to the development in question.

(5) Future construction. Future extensions of or future improvements to streets or other utilities on or adjacent to the development site, based on the township master plan or official map.

(6) Easements and covenants. All easements and covenants with details as to the party to whom the easement or covenant runs, including the type and location of easement.

(7) Performance and maintenance guarantees. All performance and maintenance guarantees, with details as to the principal, surety, items bonded, and duration of each guarantee.

(8) Development escrow deposits. Notification that the township requires the posting of certain escrow funds into an escrow account to pay for certain inspections and approvals and that, pursuant to township ordinance, if the escrow account deposits are below that required by the township, no approvals or inspections will be granted or performed by the township until the escrow is replenished to the satisfaction of the township.

(9) Homeowners' association. The purchaser has received a copy of the approved public offering statement and the developer has orally advised the purchaser of details, requirements and responsibilities for a homeowners' association, including an estimate of probable costs. Prior to the dissemination of any copies of the public offering statement, the developer shall submit to the code enforcement official evidence that the public offering statement has been reviewed and approved by the township manager or his designee. Until such time, no copies shall be distributed to purchasers and/or potential purchasers and no certificates of occupancy shall be issued for any dwellings within the development.

(10) Warranty program. The details of any homeowners' warranty or other warranty program provided by the developer.

(11) Posting of approved plans. Any plans approved by a municipal agency as a prerequisite to construction on a site shall be prominently displayed within every sales office of the applicant or sales agent. All easements and dedications, whether perfected or future, shall be clearly indicated on such displayed plans. If a project is developed in sections or phases, the approved plans on display shall include not only the plans for the section or phase currently being offered for sale, but also those for all preceding and future sections or phases. The requirements of this subsection include but are not limited to subdivisions, site plans, and variances.

(12) Municipal contact information. The developer shall prominently display in every sales office of the applicant or sales agent a placard provided by the township on which these disclosure requirements are referenced, together with the name and telephone number of a contact person in the department of planning. The director of planning will make available, on request, any information pertinent to the development which is a matter of public record.

(13) Clarity of information. All information required by this section to be disclosed to any potential purchaser shall be written in such a manner as to be clear to a layman. A copy of this information shall be filed with the director of planning and development.

(14) Disclosure required for new development only. This section shall only apply to required disclosures prior to sale to the initial occupant and not to resales. The zoning officer will monitor sales offices at least once every six months to ensure continued compliance and shall require disclosure materials to be updated as necessary.

(15) Display of disclosure information to prospective lessees. Disclosure information shall also be displayed and made available for review by prospective lessees at any rental office for a development, but individual acknowledgements as in this subsection shall not be required.

(16) Distribution of township literature. In addition to the information required to be disclosed as set forth in this subsection, at the time of execution of the contract, the developer shall provide to each purchaser a copy of literature, prepared and furnished by the township, describing the role of the construction code and related inspections conducted by the township as to the construction of new homes.

(b) Application by corporation or partnership. If an application is made by a corporation or partnership, the following disclosures shall be made:

(1) Disclosure required. A corporation or partnership applying to the planning board or board of adjustment for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least ten percent of its stock of any class or at least ten percent of the interest in the partnership, as the case may be.

(2) Disclosure of ownership interest of corporation or partnership which is partial owner of applying corporation or partnership. If a corporation or partnership owns ten percent or more of the stock of a corporation or ten percent or greater interest in a partnership, subject to disclosure pursuant to subsection (b)(1) of this section, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent or more of its stock or ten percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this subsection have been listed.

(3) Disapproval of application for failure to comply. The planning board or board of adjustment shall disapprove the application of any corporation or partnership which fails to comply with the provisions of this section.

(4) Concealing ownership interest; fine. Any corporation or partnership which conceals the names of the stockholders owning ten percent or more of its stock or of the individual partners owning a ten-percent or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000.00 to $10,000.00, which shall be recovered in the name of the township in any court of record in the state in a summary manner pursuant to the New Jersey Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. (Code 1988, § 175-214; Ord. No. 26-94, § 5, 8-16-1994; Ord. No. 62-96, 10-15-1996; Ord. No. 33-98, §§ 1-4, 6-2-1998; Ord. No. 36-99, § II, 8-3-1999; Ord. No. 40-01, § I, 6-19-2001; Ord. No. 2007-69, § 1, 9-25-2007)

All incorporated homeowners' and condominium associations shall file with the township clerk, within 30 days of each annual meeting, the names and addresses of all officers elected at the annual meeting and the date selected for the next annual meeting. (Code 1988, § 163-1)

(a) Maximum penalty. For violation of this article, the maximum penalty, upon conviction, shall be as provided in section 1-13.

(b) Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation. (Code 1988, § 163-2(A), (C))

While not specifically required under the Municipal Land Use Law, the township has determined that a procedure should be established whereby an applicant may apply through proper township channels for the rezoning of property. By the standards hereinafter established, an applicant is required to submit documentary evidence and proofs which show the appropriateness of rezoning. Rezoning is a legislative act left to the sole discretion of the township council; the township, however, has established this procedure whereby the township council may obtain sufficient information in order to make a proper and legal determination on the request. An applicant desiring to have the township council rezone certain property within the community shall file an application for rezoning with the township manager, which shall be processed and considered pursuant to the provisions of this article. The township council shall not consider an application for rezoning unless and until compliance with the substantive and procedural requirements of this article are fulfilled. (Ord. No. 2008-13, § if, 3-11-2008)

(a) Any person desiring to have the township rezone certain properties within the township shall file an application for rezoning with the township manager. The application shall include a narrative statement that includes the following information:

(1) The name, address and contact information of the applicant.

(2) The nature of the amendment or alteration sought.

(3) A brief narrative statement concerning the impact and effect which the proposed amendment or alteration would have on the goals, objectives, policies and assumptions set forth in the most recently adopted master plan of the township.

(4) A brief narrative statement concerning whether and how the proposed amendment or alteration will further any of the purposes sought to be advanced under the Municipal Land Use Law, N.J.S.A. 40:55D-2.

(5) A brief narrative statement concerning:

a. Whether and how the proposed amendment or alteration promotes the general health, safety and welfare of the community or the region of which it is a part; and

b. Why the purposes sought to be advanced by the amendment or alteration would not be addressed in a statutorily recognized application for development.

(6) The address, block and lot description, size, dimensions and current zoning district designation of the property in question.

(7) A narrative statement concerning whether the applicant is the owner of the site and, if not, a written consent form signed by the owner for the requested rezoning.

(8) A narrative description of all uses and/or physical features currently in existence on the property in question and on all properties within 200 feet of any point of the property in question and the impact which the proposed amendment or alteration will have on those existing uses or physical features.

(9) A narrative description of the impact which the proposed amendment or alteration will have on any regional or indigenous need for low- to moderate-income housing, how this need was determined and what the extent of this need is.

(10) A survey of the property, including existing structures, all easements and environmentally restricted areas.

(11) Utilizing the property survey and any restrictions to development, project the maximum build out for the site for each permitted use under the existing as well as the proposed zoning.

(12) Utilizing the maximum build out numbers generated in the preceding paragraph, provide projections for the following:

a. Projected water and sewer usage in gallons per day;

b. Trip generation for the PM peak hour utilizing the per 1,000 SF of generator issued in the latest ITEE Trip Generation Manual;

c. Impacts on the municipal storm sewer;

d. Impacts on emergency services, including fire and rescue services and police;

e. Impacts to the school district and on parks.

(b) If the proposed amendment is in contemplation of specific development, the application shall be accompanied by a concept plan conforming, at a minimum, with the data required in this chapter for a minor site plan/subdivision. The plan shall not be deemed to bind either the applicant or the township on any subsequent development application, but is required merely to demonstrate the feasibility of the proposed development in accordance with the requested amendment or alteration and the impact which such development will have on adjacent properties, the zoning district in issue and the goals, objectives, policies and assumptions set forth in the township's master plan.

(c) A complete application for rezoning shall consist of 25 copies of a properly completed application for rezoning with all required and necessary attachments. The fee for an Application for Rezoning shall be $2,000.00.

(d) A narrative statement regarding why the proposed rezoning does not result in spot zoning.

(e) Copies of all permits in place for the property, including but not limited to, letters of interpretation, no further action letters, stream encroachment, contamination, county road opening, NJDOT access, and D&R Canal Commission approval.

(f) A statement indicating whether the property is in an historic district and/or whether an historic structure or historic site is present on the property. (Ord. No. 2008-13, § 11, 3-11-2008)