A. Notice required; exceptions. Public notice of a hearing on an application for development shall be given except for:

(1) Minor site plan review;

(2) Minor subdivisions; and

(3) Final approval of a subdivision, provided that this section shall not foreclose the right of the governing body to provide by ordinance that public notice must be given for such categories of site plan review as it may specify, and further provided that public notice shall be given in the event that any type of variance relief is requested pursuant to the zoning regulations or subdivision regulations of this chapter. For purposes of this chapter, the term "public notice" shall include a notice sign. Public notice shall be given as provided in this section. [Amended 5-13-2004 by Ord. No. 2004-4]

B. Requirements for hearings. All hearings conducted on subdivisions, site plans or variances before either the Zoning Board of Adjustment or the Planning Board shall follow the requirements of the Municipal Land Use Law as amended, as summarized below.

(1) Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the Municipal Clerk.

(2) The approving authority shall provide for the verbatim recording of the proceedings by either stenographic or mechanical or electronic means.

(3) Each decision on any application shall be in writing and shall include findings of fact and conclusions based thereon.

(4) A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the Administrative Officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality, the publication of which shall be arranged by the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

(5) Public notices; notice signs. [Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]

(a) All public notices (other than notice signs) shall state the date, time and place of the public hearing, the nature of all the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and times at which any maps and documents are available for public inspection. Notice signs required to be erected on the property which is the subject of the application for development shall state the name of the applicant, the name of the public body from which the applicant is seeking approval, the phone number of the public body where a person may seek information as to the date and time of the public hearing on the application and a statement that this number may be called to obtain such information, a brief description of the nature of the approval sought, including the number of proposed dwelling units, the type of units, e.g., single-family homes, townhomes, garden apartments, and in the case of nonresidential uses, the nature of the proposed construction, e.g., warehouses, commercial use and the proposed square footage of the construction. Notwithstanding anything stated to the contrary herein, the requirement to erect a notice sign shall not a apply to a single-family residential lot, provided the application does not include a use variance request or a minor subdivision which creates no new lots.

(b) The notice sign shall not refer to any name of a planned development or that such development is "coming soon," "future site of" or any other language that a reasonable person may construe as the development having been approved prior to the applicant's receipt of an approval resolution either from the Planning Board or the Zoning Board of Adjustment. The notice sign shall not contain any other information except as authorized herein.

(6) The applicant shall be responsible for and shall bear the cost of providing the public notices (including notice signs) required by this section. Public notices shall be given at least 10 days prior to the hearing date. Public notice (other than by notice sign) shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Notice signs shall contain the information required in § 220-11B(5) and shall satisfy the following requirements: The notice sign shall be between 32 square feet in area and 64 square feet in area; face a public street abutting the property which is the subject of the application; and be located not more than 30 feet from such street. The lettering on the notice sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. The notice sign shall remain until the applicable public body shall grant or deny final approval or the applicant shall withdraw the application. The notice sign shall comply with the provisions of this chapter applicable to signs to the extent not inconsistent with this section. Failure by an applicant to provide a notice sign as required by this section will constitute a violation of this Code subject to the penalties provided by § 4-3 of the Code. [Amended 5-13-2004 by Ord. No. 2004-4]

(7) Notice of a hearing requiring public notice pursuant to this chapter (other than a sign notice) shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the: [Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]

(a) Condominium association, in the case of any unit owner whose unit has a unit above or below it; or

(b) Horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.

C. Service of notices.

(1) Notice shall be given by:

(a) Serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property; or

(b) Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.

(2) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal regime, community trust or homeowners' association because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. [Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]

(3) Upon the written request of an applicant, the Tax Assessor of the municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearings or proceedings. A sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged for such list. [Amended 4-28-1988 by Ord. No. 17-88]

(4) Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality. [Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]

(5) Public notices (other than notice signs) shall be given to owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. The notice shall be given by either serving a copy thereof on the property owner or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate; provided, however, that such notice requirement shall be deemed satisfied as set forth in § 220-11B(7). [Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]

(6) Notice shall be given by personal service or certified mail to:

(a) The County Planning Board where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

(b) The Commissioner of Transportation where the hearing concerns a property adjacent to a state highway.

(c) The Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units, and the notice to the Director shall include a copy of any maps or documents required to be on file with the Administrative Officer.

D. Affidavit of proof of service. The applicant shall file an affidavit of proof of service of required notices and of public notice publication with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.

E. Appeals. Appeals of any final decision of the Planning Board or the Zoning Board of Adjustment shall be in accordance with § 220-6 of this chapter. [Amended 12-16-2004 by Ord. No. 2004-27]

The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article VIII of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision-site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer's or approving authority's being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the conditional use shall include reference to the request for any subdivision and/or site plan approval involved.

A. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; division by testamentary or intestate provisions; division of property by court order; or conveyance so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.

B. Site plan approval by the approving authority shall not be required for single-family and two-family dwellings nor for accessory buildings to agricultural and horticultural uses, unless such uses are located in a flood hazard area, except that horse tracks, ponds, dams and recreation courts are not exempt. Interior building alterations which do not involve a change in use or additional parking shall be exempt.

[Amended 2-11-1988 by Ord. No. 3-88; 7-14-1988 by Ord. No. 32-88]

The applicant/developer shall, at the time of filing an application or at such time as the applicant shall request referral of a proposal for development to the technical review committee prior to formal application, pay a fee to the Township of Marlboro through the Administrative Officer by cash, check or money order in accordance with the fee schedule set forth hereinafter. For the postponement of a hearing or appearance by an applicant of not less than three weeks' notice, there shall be charged a postponement fee of 1/2 the total application fee.

[Added 2-11-1988 by Ord. No. 3-88]

The fees set forth in Schedule A shall be nonrefundable and are for the purpose of offsetting in-house administrative, clerical and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering and other professional fees, costs and expenses, except as otherwise noted in Schedule A. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variances, shall require a fee equal to the sum of the fees for each element of the approval.

[Added 2-11-1988 by Ord. No. 3-88]

A. The fees required by Schedule B shall be for the purpose of reimbursing the Township for direct and indirect fees, costs, charges and expenses of professional consultants retained by or on behalf of the Township, its boards, commissions or agencies and employees and staff of the Township, its boards, commissions or agencies in reviewing and testifying and/or assisting the Township in the processing of applications pursuant to the Land Use Ordinance and/or assisting the Township in evaluation, planning and proper design of municipal services and facilities in order to meet the needs of the proposed project and for on-site inspections related thereto. The fees required by Schedule B shall be deposited with the Township at the time the initial development documents are submitted and shall remain in an interest-bearing escrow fund. Whenever the amount of the fees paid to the Township pursuant to Schedule B or any cash performance or maintenance guaranties posted with the Township by the applicant/developer shall exceed $5,000, the Township shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Township may retain for administrative expenses not more than 33 1/2% of that entire interest amount. All costs, expenses, charges and fees incurred by the Planning Board, the Board of Adjustment, the Township or other board, commission or agency of the Township for the services of the planner, engineer, attorney, other professional consultant, expert, employee or staff incurred as a direct result of the developer's project shall be charged to this escrow fund. [Amended 2-25-2016 by Ord. No. 2016-4]

B. Within 45 days after the filing of an application for development, the Planning Board and/or the Board of Adjustment, as the case may be, shall, in conjunction with appropriate representatives of the staff of the Township, review the application for development to determine whether the escrow amount set forth in Schedule B is adequate. In conducting such review, the Board shall consider the following criteria:

(1) The presence or absence of public water and/or sewer servicing the site.

(2) Environmental considerations, including but not limited to geological, hydrological and ecological factors.

(3) Traffic impact of the proposed development.

(4) Impact of the proposed development on existing aquifer and/or water quality.

C. Upon completion of the review and within the forty-five-day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine that the amount is excessive, it shall, in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board shall determine the amount specified above is insufficient, it shall so specify and shall set forth the amount required to be posted in light of the criteria specified herein.

D. Prior to an application's being determined complete, the applicant shall post the required escrow amount as set forth in Schedule B, or, if the reviewing Board has passed a resolution as provided for above, the amount of escrow provided for by that resolution, with the Chief Financial Officer in the form of cash, certified check or money order.

E. If during the pendency of an application, the amount of the escrow account has been depleted to 20% of the original escrow amount, the Chief Financial Officer shall notify the appropriate Board. The Board shall again evaluate the application, as provided for above, and notify the Chief Financial Officer and applicant of any additional escrow deposit required. The applicant shall immediately deposit the additional escrow amount with the Chief Financial Officer and notify the appropriate Board that the required deposit has been made. In the event that it is necessary for a Board to take action on an application prior to the additional escrow deposit being made, any approval shall be conditioned upon the escrow deposit being made.

F. Upon request of an applicant, the Chief Financial Officer shall furnish the applicant with a statement of all disbursements made during the development review process.

G. All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for said application, the hourly rate, the number of hours spent and any other expenses incurred. All charges for employee and staff time shall specify the services performed and the amount of time related to an application in performing such services. [Amended 9-10-1992 by Ord. No. 21-92]

H. The unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff shall be in accordance with the unit charges, contracted for by the appropriate Board or with the Township or as prescribed by the Salary Ordinance of the Township of Marlboro.

I. All escrow funds not expended shall be refunded to the applicant within 60 days after the appropriate Board has taken final action on the application or after a withdrawal or dismissal of an application.

J. In the event of an escrow shortfall requiring collection by the municipality, then the applicant shall be responsible for all legal fees and costs in connection with the collection. Any escrow shortfall, together with such fees and costs, shall be charged against the lands involved. Any amount so charged shall immediately become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands. [Added 5-23-1991 by Ord. No. 9-91]

K. The Township shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the Township, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality. [Added 9-10-1992 by Ord. No. 21-92]

L. Notwithstanding anything to the contrary set forth in this section, an applicant for a hardship or bulk variance in connection with a residential fence, accessory structure, pool, deck, addition or shed shall be required to post the escrow amount for such application set forth in Schedule B. If the professional expenses for the review of such application exceeds the amount posted by the applicant pursuant to Schedule B, the applicant shall be required to replenish such escrow amount in order to cover the cost of all professional review services undertaken by the Township with respect to the application and to avoid subsidization of development applications by municipal tax payers. [Added 11-3-2005 by Ord. No. 2005-48; amended 3-6-2008 by Ord. No. 2008-3]

[Added 6-27-2002 by Ord. No. 2002-18; amended 10-6-2005 by Ord. No. 2005-49; 9-16-2010 by Ord. No. 2010-21]

Charitable, philanthropic, fraternal, athletic, recreational, volunteer fire and first aid squads, and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from the normal application fees required under this chapter. Said exemption shall be granted upon application to the Township Council, along with proof of said tax-exempt status. If granted, said exemption shall be confirmed by resolution of the Township Council.

[Added 10-19-2006 by Ord. No. 2006-33; amended 9-12-2013 by Ord. No. 2013-18]

A. As recognized in the State's Best Management Practices Manual, regular and thorough maintenance is necessary for stormwater management measures to perform effectively and reliably. Failure to perform such maintenance can lead to diminished performance, deterioration, and failure, in addition to a range of health and safety issues. The potential for problems to develop is accentuated by the various features that allow stormwater management measures to function as designed, including holding or slowing moving water, dense vegetation, forebays, trash racks, dams, and the need to continually function in all types of weather. By nature, stormwater management measures are also expected to become repositories for sediment, nutrients, trash, debris, and other pollutants targeted by the NJDEP Stormwater Management Rules. Accordingly, stormwater management measures require regular inspection and cleaning, sediment and debris removal, and periodic replacement. In recognition of these needs and potential problems, preventative maintenance fees are required for development applications. The fees required by Schedule C shall be for the purpose of reimbursing the Township for direct fees, costs, charges and expenses for administrative, clerical, technical, and maintenance costs of in-house staff and professional consultants such as legal, planning, and engineering and other professional fees, costs and expenses exclusively for the implementation of stormwater management plans and/or measures and their associated impact to existing and future municipal infrastructure, waterways, and watersheds.

B. The fees set forth under Schedule C shall be required prior to approval of any application for major development as defined within Code § 220-147 et seq. submitted to the Township, its boards, commissions or agencies.

C. In addition to the fees set forth within Schedule C, all development, which requires a stormwater management facility as determined under Code § 220-147 et seq. shall be required to post a fee or maintenance guarantee pursuant to the following provisions:

(1) All required maintenance, as set forth within this section, shall be in accordance with an approved maintenance plan as required under Code § 220-147 et seq.

(2) For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than two residential dwelling units, but less than 20 residential dwelling units, responsibility for maintenance for said stormwater facility shall be assigned to the Township. The maintenance fee for said stormwater facility shall be calculated as set forth under Subsection C(7) below and shall be for a period of 25 years.

(3) For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than 20 residential units, responsibility for maintenance of said stormwater management facility shall be assigned to a homeowners' association established for said development. The maintenance guarantee for said stormwater facility shall be posted on behalf of the homeowners' association and calculated in accordance with Subsection C(7) below for a period of 25 years.

(4) For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of one or more nonresidential uses, responsibility for maintenance of said stormwater management facility shall be assigned to the owner of the site. A maintenance guarantee for said stormwater facility shall be posted in accordance with Subsection C(7) below for a period of 25 years.

(5) Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property, with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the "responsible person."

(6) Prior to granting final approval to any project subject to review under this section, the applicant shall enter into an agreement with the municipality (or county) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Township Attorney and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

(7) An applicant seeking approval for construction of a detention facility shall provide the funds necessary to maintain the facility for a period of 25 years. The amount necessary to maintain the facility shall be calculated by the Planning Board Engineer and Director of Public Works based upon current estimates for maintenance with an annual increase of 4%. The Planning Board Engineer and Director of Public Works shall also assume that the investment will yield a return equal to the ninety-day certificate of deposit interest rate paid by the First Fidelity Bank or its successor on the date the calculation is made.

(8) The form of security for the maintenance of the facility shall be approved by the Municipal Attorney.

(9) In the event that the detention facility becomes a danger to public safety or public health or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may proceed to do so and shall bill the cost thereof to the responsible person.

A. Any appeal to the Zoning Board of Adjustment for a variance to allow a structure or use in a district restricted against such structure or use shall have three copies of all supporting documents and the application filed with the Planning Board's Administrative Officer.

B. The Planning Board shall review the material and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain, among other things, the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses elsewhere in the Township; land use, traffic and other data relevant to the application which the Planning Board has in its file; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.

A. A site plan approval is required for all site developments which do not meet the definition of an "exempt site plan" as defined in § 220-13B. No building permit for a building located on a site which requires site plan approval shall be issued until final site plan approval has been granted. The Planning Board may waive site plan approval of an application if it finds that the proposal does not noticeably affect items set forth in this chapter to be considered in site plan approval.

B. The Planning Board, on applications for development for minor site plans, may authorize the waiving of notice and public hearings for an application for development if the Planning Board, by majority vote of the members present, finds that the application for development conforms to the definition of a "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements.

(1) Minor site plan 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 site plan approval.

(2) Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal 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 approval by the County Planning Board by its failure to report thereon within the required time period.

(3) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.

The provisions of this chapter shall be held to be minimum requirements. Where this chapter establishes both minimum and maximum standards, both standards shall be met even though the combination of standards may not permit development to take advantage of all standards simultaneously. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of law, whichever provision(s) is most restrictive or imposes higher standards shall control.

A. No building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements, such as but not limited to excavation or construction of public or private improvements, shall be commenced except in conformance with this chapter, in accordance with plat approvals and the issuance of required permits.

B. It shall be unlawful to use or permit the use of any building or site or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, or which involves a change in use, until a certificate of occupancy shall have been issued by the Zoning Officer. No certificate shall be issued unless the land, building and use thereof comply with this chapter; unless all matters incorporated on the approved subdivision or site plan have been completed, certified by the Township Engineer and approved by the Planning Board, or until a performance guaranty approved by the Planning Board, acceptable to the governing body, in a form approved by the Township Attorney, in an amount determined by the Township Engineer to be sufficient to assure completion of all the remaining improvement(s) and in a form guaranteeing completion of the remaining improvements within a minimum of one year, is in hand; and unless the Building and Health Codes are complied with.

C. For building permits in conflict with Official Map or building permits for lots not related to a street, see § 220-9D.

[Added 10-20-2005 by Ord. No. 2005-44]

A. Two signed and sealed copies of individual plot plans shall be submitted to the Township Engineer to accompany any permit application for new residential or commercial construction and for any residential or commercial building addition. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.

B. The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required.

C. The Construction Official shall not issue a building permit until the Township Engineer approves the proposed individual plot plan.

D. Each individual plot plan shall be drawn to scale of not less than one inch equaling 50 feet, signed and sealed in accordance with N.J.A.C. 13:40-7.3 by a professional licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.

E. Individual plot plans shall include the following information:

(1) Bearing and distances.

(2) North arrow, written and graphic scale.

(3) Existing/proposed easement and dedications.

(4) Existing/proposed building, pool, decks, patios, porches, sheds and accessory structures dimensions.

(5) Existing/proposed sidewalks, driveways and retaining walls.

(6) Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board if (applicable).

(7) Street name, right-of-way width, pavement width and composition of the street(s) fronting the lot.

(8) The title block on the plot plan must include the property address, the block and lot number of the property in question and the name of the applicant.

(9) Limits of clearing and soil disturbance. Show number of trees over nine inches diameter to be removed.

(10) Existing trees to be protected and remain. Include tree replacement plan.

(11) Location of wetlands, floodplains, stream encroachment lines and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exists on the subject property.

(12) Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished floor, basement and garage floor elevations of the proposed structure; and sidewalk elevations. Adjacent dwellings, corner elevations and topography within 25 feet of property lines. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).

(13) Location of any storm drainage pipes within 25 feet of the property including pipe size, grade and invert.

(14) Lot grading shall be designed to provide positive runoff with grades at a minimum slope of 1.5%.

(15) Swales designed to convey surface runoff shall be designed with suitable subgrade material containing well draining sand or gravel, stone, sand mix topsoil or other material acceptable to the Township Engineer. A construction detail shall be included on the plan.

(16) Utility connections, including, but not limited to, water, sanitary sewer, gas, electric, telephone and cable.

(17) Elevations, cross sections and dimensions of driveways and retaining walls.

(18) Prior Board approval or waiver granted for construction in easements.

(19) Other items that may be required by the Township Engineer for proper construction of the site.

F. Plot plans of Planning Board approved projects shall match approved subdivision/site plans.

G. If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.

H. The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation and the actual floor elevations. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted. A revised grading plan shall be submitted to the Engineering Department.

I. The applicant shall submit a final as-built survey for new residential or commercial construction and residential or commercial building additions signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer.

J. Exemption from the requirements of this section for a residential building addition requires the approval of the Township Engineer, said exemption to be contingent upon:

(1) Proof that the subject addition is not in a flood hazard zone.

(2) A survey locating the existing dwelling and showing the proposed improvements.

(3) A site inspection by a Township engineering inspector to verify that the proposed addition will not create drainage problems.

K. Inspection fee; review fee. [Added 2-2-2012 by Ord. No. 2012-3]

(1) Single lot development inspection fee. There shall be a fee of $500 for inspections for each single lot redevelopment application to prevent grading and/or drainage-type issues relative to adjacent parcels.

(2) Building addition engineering review fee. There shall be a fee of $50 per review required for reviews of additions to existing structures as well as a fee of $50 per inspection. [Amended 2-25-2016 by Ord. No. 2016-4]