A. The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established for final approval, the conditions or preliminary approval, and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. Before consideration of the final subdivision plat by the Planning Board, the subdivider or owner shall submit a plat entitled "Final Construction Plans and Profiles," showing all utilities and construction, their exact location and elevation based upon USCG data. [Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]

B. Final approval shall be granted or denied within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant. Failure of the Township agency to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Township agency 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.

C. Whenever review or approval of the application by the Monmouth County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3) the Township agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

D. The subdivider shall submit the following to the administrative officer for final approval at least 45 days prior to the expiration date of the three-year period following preliminary approval by the Township agency and within the appropriate time prior to the next regular meeting of the Township agency that granted preliminary approval in accordance with the regulations and rules of that agency:

(1) Three completed application forms for final plat approval.

(2) Two translucent tracing cloth copies of such final plat, prepared in accordance with the requirements of § 190-61 of this chapter.

(3) Two opaque cloth plats thereof and 12 black-on-white copies.

(4) Three copies of the proposed sales map required by § 190-63.

(5) The final plat, final plans and final as-built plans on a three-and-one-half-inch disk(s) in a .dxf CADD format.

E. The administrative officer shall transmit the final plat copies four weeks prior to the next regular meeting of the reviewing board to the following: [Amended 12-27-2005 by Ord. No. O-05-48]

(1) Township Engineer: two Mylars.

(2) Township Clerk: one copy.

(3) Construction Official: one copy.

(4) Tax Assessor: one copies.

(5) Such other municipal, county, or state agencies as may be directed by the reviewing board.

F. The subdivider may request final approval of the plat by section and/or sections wherein the performance guarantee posted therefor. The Planning Board shall approve each section if same complies with this chapter. An approved section plat shall give the subdivider all those rights in regard to the section as if the entire plat has been approved.

G. Each final approval of a major subdivison shall be conditioned upon submission, review and approval of the sales map requirement set forth in § 190-63, prior to the issuance of any construction permits.

[Amended 12-22-2015 by Ord. No. O-15-26]

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer therefrom, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and in the case of subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Requests for extensions shall be filed at least 60 days prior to the expiration date. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

A. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. [Amended 12-22-2015 by Ord. No. O-15-26]

B. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the reviewing board as indicated on the instrument by the signature of the Chairman and Secretary of the reviewing board. The signatures of the Chairman and Secretary of the reviewing board shall not be affixed until the developer has posted the guarantees required by this chapter and executed the developer's agreement. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township, the plat shall be expunged from the official records.

A. If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such persons shall be subject to a penalty as stated in Chapter 1, Article II, General Penalty, and each lot disposition so made may be deemed a separate violation [Amended 5-23-2006 by Ord. No. O-06-16]

B. In addition to the foregoing, the Township Committee may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with this chapter.

C. In any such action, the transferee, purchaser, or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense, and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

A. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq. may apply in writing to the administrative officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

B. The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The administrative officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

C. Each such certificate shall be designated a "Certificate as to Approval of Subdivision of Land," and shall certify:

(1) That there exists in the Township a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.

(2) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

(3) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of approval as provided in this act.

D. The administrative officer shall be entitled to demand and receive for such certificate issued a fee equal to those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected and all other fees collected by the administrative officer shall be paid by him or her to the Township Treasurer.

A. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy, or action which could be prosecuted or maintained by the Township pursuant to the provisions of § 190-56 of this chapter.

B. If the administrative officer fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to § 190-56 of this chapter.

C. Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the administrative officer and the Township shall be bound thereby to the same extent as though the same were addressed to the administrative officer.

A. This chapter and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership.

B. All requirements of this chapter are equally applicable to all buildings and improvements of the same kind under the condominium or cooperative corporate form of ownership. No approval pursuant to this chapter shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner had such lands not been under the condominium form of ownership. Any condominium development, however, shall be subject to N.J.S.A. 46:8A-1 et seq. and 46:8B-1 et seq.

A. No plat shall be accepted for consideration unless it fully conforms to the following requirements as to form, content, and accompanying documentation and complies with all provisions of N.J.S.A. 46:23-9.1 to N.J.S.A. 46:23-9.8.

B. All plats submitted for review and approval shall be neatly bound in order and shall conform with one or more of the following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches, except for final construction profiles which shall be 24 inches by 36 inches.

C. Plat maps shall be drawn at a scale as follows:

(1) Subdivisions with lots 80,000 square feet or larger: not less than one inch equals 100 feet except where sanitary sewer and water are provided, then the minimum scale shall be one inch equals 50 feet.

(2) Subdivisions with lots 20,000 to 80,000 square feet: not less than one inch equals 50 feet.

(3) Subdivisions with lots less than 20,000 square feet: not less than one inch equals 40 feet.

(4) Site plans shall be at a scale of not less than one inch equals 30 feet except that the Township Engineer may recommend to the board a scale greater than one inch equals 30 feet where the Engineer deems that such scale will not impair proper review of required site plan details.

(5) Construction/grading details shall be at a scale of one inch equals 50 feet or less as directed by the Township Engineer.

The details of the preliminary plat shall conform with the requirements and specifications set forth in the Preliminary Major Subdivision Completeness Checklist as adopted by § 190-4B(5).

The final plat shall be drawn in ink on Mylar or tracing cloth at a scale in accordance with § 190-60 and in compliance with all the provisions of N.J.S.A. 46:23-9.1 to 46:23-9.8. The final plat to be titled "Final Plat," shall show, be accompanied by, and conform to the requirements and specifications set forth in the Final Major Subdivision Completeness Checklist as adopted by § 190-4B(6).

A. Items to be on file.

(1) Except for minor site plan and minor subdivision, a developer who has obtained final approval shall maintain a sales office upon the issuance of the first construction permit and display therein in a prominent fashion the following:

(a) Officially approved preliminary plat.

(b) The final plat.

(c) A sales map prepared in accordance with and containing the information required by Subsections B through G below.

(d) Complete current copy of Freehold Township Master Plan, Zoning Map and Land Use Regulations.

(e) Current copies of an informational pamphlet prepared by the Freehold Township Planning Office.

(2) All of the foregoing items must be available to be observed and reviewed by any and all persons calling at such office. A copy of item in Subsection A(1)(e) above must be given to each prospect prior to signing an offer to purchase or contract.

B. The sales map shall be based upon the final plat as well as official Tax Map information at a scale of not less than 100 feet to the inch. The map shall show the development plan and all land contiguous thereto for a distance of 2,000 feet within or without the Township.

C. The sales map shall clearly show and include for that area within 2,000 feet of the development unless a farther distance is set forth herein the following information:

(1) The location of connector streets to the proposed streets within the development.

(2) The location of all state, county, and municipal roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are evidenced upon the Township Master Plan or Monmouth County Master Plan or State Transportation Master Plan, the same shall be indicated upon the sales map.

(3) The location of all railroads rights-of-way, airports, and airport runways, overhead easements for transmission of power or otherwise, rights-of-way for public utilities, and location of public utility plants.

(4) The location of all sanitary land fill operations within 3,000 feet of the development which are in existence, proposed or which have been closed.

(5) The location of all schools, parks, playgrounds, open space and public buildings.

(6) The location of all streams, ponds, floodplains and watercourses.

D. All zoning restrictions or improvements applicable to the development shall be shown with notation as to which restrictions have been waived, relaxed or varied by a Township agency.

E. All contiguous property to the tract shall have prominently displayed thereon the zoning district classification, whether such property is within or without the Township as well as any Township restrictions on construction of accessory structures.

F. There shall be displayed upon said sales map a reasonable estimate of the amount of municipal taxes to be levied upon the proposed property to be sold in the upcoming year.

G. The location of all detention and/or retention basin areas; a notation concerning whether or not fencing will enclose the area and, if so, the type and location of the fencing; a notation concerning what entity shall have responsibility for maintaining the area.