Application for approval of a final plat or final site plan shall be filed in accordance with Section 19-4 4 and shall contain all the information required herein (Ord #2-77, 19-4 1301)

Before final approval of all or any part of a plat, deeds and an affidavit of title and title commitment, if necessary, satisfactory to the Township Attorney, shall be received free and clear of all mortgages and encumbrances for all fee and other property interests to be dedicated to the Township After final approval, the subdivider shall submit to the Township Clerk the original tracing, two (2) translucent tracing cloth copies, and two (2) cloth prints of the final plat for certification of approval by the Planning Board Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required (Ord #2-77, 19-4 1302, Ord #16-92, 1)

The final plat shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one (1) or both of the following

a. Installed all improvements in accordance with the requirements of these regulations, or that

b. A performance guarantee has been posted with the Township Clerk in sufficient amount as determined by the Township Engineer to assure the completion of all required improvements (Ord #2-77, 19-4 1303)

If the Committee processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application, it shall so report to the Board and the Board shall schedule a hearing on the application pursuant to this Chapter If the application is found to be deficient in any respect, said Committee shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application (Ord #2-77, 19-4 1304)

After the Planning Board or Board of Adjustment, as the case may be, is satisfied that the proposed application, together with any conditions as imposed by said Board, meets all the conditions of preliminary approval, it shall grant final approval (Ord #2-77, 19-4 1305)

If final approval is granted, copies of the plat or site plan shall be signed by the Chairman and Secretary of the Board granting said approval and the Secretary shall file the approved plans with the following

a. Applicant.

b. Township Clerk.

c. Township Engineer (two [2] copies)

d. Building Inspector

e. Tax Assessor

f. Planning Board Secretary (Ord. #2-77, 19-4.1306, Ord, #9-81, 13)

a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 19-4 804 of this Article, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted, provided that in the case of major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period required herein If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 19-4.804 for the section granted final approval

b. Whenever the Planning Board grants an extension of final approval pursuant to paragraph a of 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 developer may apply for the extension either before or after what would otherwise be the expiration date

c. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer 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 developer applied promptly for and diligently pursued these approvals A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the ninety-first (91st) day after the developer receives the last legally required approval from other governmental entities, whichever occurs later An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraph a of this subsection (Ord. #2-77, 19-4 1306, Ord #9-81, 15, Ord. #16-92, 1)

a. Final approval of a major subdivision shall expire ninety-five (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 Morris County Clerk's Office The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat

b. The Planning Board may extend the ninety-five (95) day or one hundred ninety (190) day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that 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 Planning Board The developer may apply for an extension either before or after the original expiration date. (Ord #2-77, 19-4.1308; Ord. #16-92, 61)

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to Chapter 291, Laws of NJ. 1975 The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Sections 19-4.9 and 19-4 10 If the Morris County Recording Officer records any plat without such approval, such recording shall be deemed null and void (Ord #2-77, 19-4 1309)

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 municipal approval is required by ordinance pursuant to this Chapter, such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars and each lot disposition so same may be deemed a separate violation (Ord. #2-77, 19-4 1309)

In addition to the foregoing, the municipality may institute and maintain a civil action

a. For injunctive relief, and

b. 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.

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 (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded (Ord #2-77, 19-4.1311)

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 a subdivision three (3) years preceding the effective date of the Municipal Land Use Act may apply in writing to the Township Clerk of the municipality, 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 Township Clerk shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor The 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. Whether there exists in the municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act

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 requirement of approval as provided in this act.

d. The Township Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in NJ S A 54.5-14 and 54-5-15 The fees so collected by such official shall be paid by him to the municipality. (Ord #2-77, 19-4 1312, Ord #7-80, 17; Ord #4-84, 1 7)