A. Submission required. When an applicant proposes an application that meets the definitional requirement for a major site plan and prior to the expiration of preliminary approval for the subject tract, final plans, application forms and other required documentation shall be submitted. The applicant may submit for final approval of the whole, or a section, or sections of the preliminary development plan. Final plans shall conform substantially to preliminary plans.

B. Minimum review time period. The applicant shall submit to the Administrative Officer an application and associated documentation at least thirty (30) days prior to a regularly scheduled meeting.

C. Review by professionals. The Municipal Engineer, Planner, and/or other professional shall review all aspects of the application and shall expeditiously report their findings to the Board.

D. Determination of completeness. The Board or its designee shall determine the completeness of the application in accordance with this Article. No application shall be scheduled for a public hearing unless it is determined to be complete.

E. Hearing. If the application is found to conform to the definition of a final site plan or subdivision and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Administrative Officer.

F. Developer's Agreement

1. The terms and conditions of the Developer's Agreement shall be applicable to an identified property, described by block and lots located within the Neptune Township Tax Map.

2. The Developer, in accordance with the approved map and requirements established by the Planning Board and/or Board of Adjustment of the Township of Neptune, shall install site work improvements in accordance with the specifications and ordinances of the Township of Neptune, as amended to date. All work shall be approved by the Township engineer as complying with the ordinances and other regulations and the requirements of the Township.

3. The Developer shall post with the Township performance guarantees and fees. The guarantees and fees include: Surety Guarantee, Cash Guarantee, Estimated Engineering Fees and any other fees. The cash guarantee shall represent ten percent (10%) of the total performance guarantee. The cash guarantee shall be the last amount of performance guarantee released by the Township in order that the surety guarantee might be reduced and released prior to the release of any cash guarantee required. The performance guarantees and fees shall be posted and/or paid as provided by the land use ordinance of the Township.

4. The improvements contemplated in the Developer's Agreement shall be performed within a period of two (2) years from the date of the Agreement, or such additional periods of time as may be granted by the Township Planning Board and/or Board of Adjustment in accordance with N.J.S.A. 40:55D-52. In the event of an extension, the Township may periodically review the amount of the performance guarantees with regard to their sufficiency to insure faithful completion of remaining required improvements, and if found insufficient, require the developer to increase the amount of performance guarantees. The issuance of a certificate of occupancy by the Township within the stated period shall not be deemed waiver for defects in site work improvements ascertained during said period or subsequent thereto. In the event the subdivision or any party thereof if sold or otherwise conveyed by this developer prior to installation of all improvements, this developer shall have the right to assign both the performance guarantees and Developer's Agreement to a subsequent developer who is determined by the Township in its sole discretion to be qualified, with the requirement that the subsequent developer assume the same, in writing, and in a form that is acceptable to the Township Attorney. In the event the subsequent developer renders new guarantees to the Township, they shall be reviewed by the Township Attorney as to form and content prior to acceptance and release of the developer's performance guarantees.

5. The Developer agrees that prior to the release of the signed final subdivision map or maps, it shall tender to the Township, by payment to the Township Clerk, the required engineering inspection fees, if not previously posted. The Township engineer shall keep records of inspections and related reviews, and the costs thereof, and upon the Developer's written request, said records shall be made available for inspection by the Developer or its representative, not more than quarterly, during the regular business hours of the Township Engineer.

6. The developer shall also comply with the following terms and conditions in connection with the final approval of the said plat or map:

(a) All requirements of the ordinances of the Township;

(b) All conditions and requirements of the approvals of the Township Planning Board and/or Board of Adjustment and the Monmouth County Planning Board, and the Developer shall pay all costs of improvements, if any, as may be required by the said Monmouth County Planning Board, including the posting of any bonds required by the said County of Monmouth Planning Board.

7. During the coarse of construction and until the time of final acceptance, the developer shall have full responsibility for all roads and all other improvements within the subdivision. The developer shall provide and pay for all street lighting and water hydrant service which any applicable authority requires to be installed and maintained in the subdivision, requires to be installed and maintained in the subdivision, and provide and pay for all snowing and plowing, and salt until the time of final acceptance. Final acceptance for purposes of this provision is deemed to be the date upon which the sidewalks, curbing, streets and street lighting are accepted by the Township and the maintenance guarantees for the same are posted with the Township. Acceptance shall not occur until all performance bonds are released and all conditions of the final released, including, but not limited to the posting and acceptance of maintenance guarantees, are satisfied. Said maintenance guarantees shall be posted with the Township in accordance with State and Township requirements. It is further agreed that in the event the developer fails to pay for fees for street lighting, water hydrant service, or like terms or fails to provide required snow plowing, sanding and salting or other repairs and/or maintenance, then, upon ten (10) days written notice by the Township to the Developer, the Township may withdraw from the cash portion of the performance guarantee such funds as are necessary to reimburse the agency supplying such service, and to continue to make such payments as necessary from said funds in order to ensure continued water, utility and snow plowing services. In addition, any amounts so expended from the cash portion of the performance guarantee shall be replaced by the Developer, and until such a time as the funds are replaced, the Township shall not be obligated to perform any inspections or issue building permits or certificates of occupancy for the property affected by the cash portion of the performance guarantee.

8. Model Homes: The Developer may construct a sales area, limited to one (1) model home of each style and a parking area, with a portion of a model home to be utilized as ended, it shall be converted to a dwelling and conform to all governmental regulations. All required improvements for that portion of the subdivision utilized as a sales area must be completed by the Developer prior to or contemporaneously with completion of the model area. Nothing within the Agreement shall be deemed to waive or reduce the Developer's obligation to construct all improvements in the location of the said sales area as well as in the entire subdivision in accordance with the approved subdivision map prior to final acceptance of said work and the release of the Developer's performance guarantees. The sales office shall be permitted, if otherwise qualified, the issuance of a temporary building permit and thereafter a temporary certificate of occupancy, if necessary, for which the Developer shall request extensions pursuant to the applicable Township ordinances.

9.Model Plans: In order to preserve the architectural and aesthetic quality of the proposed subdivision, the Developer agrees that at the time it submits an application for an initial building permit, it will at the same time, submit detailed architectural plans for all models (whether to be actually constructed as onsite model homes or not) for homes which it intends to construct in the subdivision. Thereafter, if the Developer, its representatives, successors, or assigns, desires to revise its plans for models or provide additional models or plans for models for homes which it intends to construct in the subdivision, it shall first submit revised or new detailed architectural plans for review and approval by the Construction Code Official. No revised or new plans shall be approved by the Construction Code Official if the home or homes to be constructed under such a plan would reduce by ten percent (10%) or more, the square footage of the average of model homes shown on any previously submitted and approved plan or plans, or if the new plans would in any manner contravene the Zoning Ordinance concerning uniformity of exterior design and appearance. The Developer further agrees on behalf of itself, its representatives, successors or assigns, that if any individual lot or lots are sold as vacant land, such sale shall be subject to the requirements of this provision and will be set forth as a restriction or condition in the deed of conveyance.

10. Sales and Leasing Signs: The size, number and location of sales and leasing signs shall be addressed in the developer's agreement and approved by the Township Committee.

11. Certificates of occupancy shall be issued to one or more housing units, in accordance with the ordinances and regulations of the Township upon the completion and acceptance by the Township of all required improvements that serve the specific housing unit group of housing units for which a certificate of occupancy is sought.

12. The Developer agrees to record the Developer's Agreement document and to provide the Township with a duly recorded copy of it.

13. If any terms or conditions of the within Agreement are deemed invalid by a court of competent jurisdiction, the remainder shall remain in full force and effect.

14. Within the Developer's Agreement, the Developer will attach a list setting forth the names and addresses of the individuals and/or entities each having an interest of ten percent (10%) or more in this development and certify the correctness of that list. The Developer will provide the Township with notice of any changes in this list, in writing, within thirty (30) days of the date of such occurrence. Such changes shall be separately certified, and the Township reserves the right to revise or rescind any or all terms of the within Agreement as the result of any such changes.

15. All notices required or permitted under the Developer's Agreement shall be in writing by certified mail, return receipt requested, to the addresses set forth or as otherwise designated by the parties in writing.

G. Board action on applications.

1. The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered. Final approval shall be granted if the detailed drawings, specifications, plans, estimates, and other documentation of the application conform to the standards established by this Ordinance and any other applicable ordinance for final approval and the conditions of preliminary approval.

2. The Board shall grant, grant with conditions, or deny the application for a final major subdivision or site plan within forty-five (45) days of the determination of completeness or within such time as may be consented to by the applicant.

3. The Board shall not act upon an application until it has determined that it is complete.

4. The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through -10i.

5. The Board may condition approval on terms ensuring the applicant's conformance to this Ordinance and any other applicable ordinance and shall condition approval on the approval of other agencies with development review powers over the subdivision or site plan application.

6. Whenever review or approval of an application for development by the Monmouth County Planning Board is required pursuant to N.J.S.A. 40.27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.

7.Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Administrative Officer as to the failure of the Board to act shall be issued on the request of the applicant.

H. Effect of approval.

1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or not, shall not be changed for a period of two (2) years after the date of final approval.

2. If the developer has followed the standards prescribed for final approval, the Board may extend such period of protection of rights for extensions of one year but not to exceed three such extensions. The granting of final approval terminates the time period of preliminary approval for the section granted final approval.

3.In the case of a subdivision or site plan for a planned unit development of fifty (50) acres or more; or, a conventional subdivision or site plan of 150 acres or more; or, of a nonresidential development of 200,000 square feet or more, the Board may grant these rights for a period of time longer than two years as shall be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under the final approval;

(b) Economic conditions; and

(c)The comprehensiveness of the development.

4.The applicant may petition the Board thereafter and the Board may grant an extension of final approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under the final approval;

(b) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c) Economic conditions; and

(d) The comprehensiveness of the development.

5. Whenever the Board grants an extension of final approval pursuant to this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.

6. The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before, 1), what would otherwise be the expiration date of final approval, or 2), the ninety-first (91 st) day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from otherwise granting an extension pursuant to this section.

I. Distribution. Upon the granting of site plan approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to:

1. Applicant;

2. Board file;

3. Municipal Engineer;

4. Municipal Planner;

5. Code Enforcement;

6. Construction Officer;

7. Tax Assessor;

8. Such other municipal, county or State agencies or officials as directed by the Board or in the resolution of approval.

A. Within the time period established by statute or by condition of the resolution of approval, the developer shall submit three prints for review for compliance with the conditions of approval to the Planning and Zoning Department. Once it has been determined that the plat meets the conditions of approval, the developer shall submit two mylars and one plat in digital form for the permanent records of the municipality and any other instruments to be recorded with the Monmouth County Clerk's Office. The format of the digitized plat shall be as directed by the Municipal Engineer. The Municipal Engineer may waive the requirement for the submission of the digitized plat under special circumstances. No plat shall be signed by the Township Clerk, Board Chair, Board Secretary or Municipal Engineer without first complying with required guarantees for on- and off-tract improvements as set forth in Article X of this Chapter.

B. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board of Jurisdiction may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. The Board of Jurisdiction may extend the ninety-five (95)-day or 190-day period if the developer proves to the reasonable satisfaction of the Board of Jurisdiction that:

1. The developer was barred or prevented, either directly or indirectly, from filing because of delays in obtaining legally required approvals from other government or quasi-governmental entities; and

2. The developer applied promptly for and diligently pursued the required approvals.

The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board of Jurisdiction. The developer may then apply for an extension either before or after the original expiration date.

C. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board of Jurisdiction as indicated on the instrument by the signature of the Chairman or Chairwoman and Secretary of the Board of Jurisdiction or a certificate issued in lieu of action by the Board in accordance with N.J.S.A. 40:55D-47, - 50, -56, -61, -67 or -76. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

D. It shall be the duty of the County Recording Officer to notify the Planning Board in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

Circulation Impact Studies, when required, shall conform to the following provisions:

A. When required. A circulation impact study shall be submitted for all general development plans, preliminary major subdivisions and preliminary major site plans.

B. Submission format. Circulation impact studies shall consist of two components, a planning report and a traffic impact report.

1.Planning report. The planning report component of the circulation impact study shall include the following:

(a) An introduction indicating the applicant, the location of the site in question, and a description of the site from a land use and transportation perspective.

(b) The extent to which any proposed street system meets requirements for street hierarchy, right-of-way and cartway width, and sidewalks.

(c) The extent to which the proposed circulation system conforms to the Circulation Element of the Master Plan.

(d) The extent to which internal circulation for vehicles, people and the movement of goods is adequate.

(e) The extent to which the safety of pedestrians, bicyclists and the traveling public is protected.

(f) The provisions made to provide connectivity to the street system, pedestrian generators, and the local and regional greenway network.

2.Traffic impact report. The traffic impact report component of the circulation impact study shall include the following.

(a) A description of the project phasing, access points, and connection to other existing or proposed developments.

(b) An analysis of existing conditions, including:

(i) A description of the study area and the rationale behind choosing this area;

(ii) A description of the study area's roadway facilities, including number of lanes, functional classification, condition, location and type of traffic signals, and location of other traffic control devices or signs;

(iii) The location of transit routes and stops and any transit facilities, including on-street, off-street, and private facilities, and service frequency;

(iv) The location of school bus routes and stops;

(v) The location of pedestrian crosswalks, sidewalks, and bicycle pathways;

(vi) Traffic volume data including turning movement counts at key intersections during the peak periods of the day, truck movements, pedestrian counts, and transit use;

(vii)Volume/capacity analysis and an assessment of existing conditions.

(c)Traffic characteristics of the site.

(i) Traffic generation of the Proposed uses in the development;

(ii) Traffic distribution.

(d)Future demands on the transportation system.

(i)Projection of non-site related traffic to the build-out year or years of the site (base conditions);

(ii)Projection of all traffic, including site traffic, to the build-out year or years of the site.

(e)Impact analysis and recommendations.

(i) Levels of service shall be computed for each analysis year both with and without the inclusion of site traffic;

(ii) Comparison of levels of service conditions with site traffic, and, with site traffic after recommended improvements are constructed;

(iii)Recommendations for automobile reduction techniques;

(iv)Schematic plan of any recommended improvements.

(f)Site plan analysis, if applicable.

(i) Location of access points;

(ii) Demand for parking and loading;

(iii)Sight distance analysis.