The following additional documents shall be provided during the hearing process:

1. A written statement from the applicant's engineer indicating: a) Type of structure to be erected. b) Nature of business, if commercial or industrial. c) Approximate date of start of construction. d) Sequencing of construction. e) Estimated number of lots for which final approval will be requested by phases.

An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the Secretary of the Approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall be administratively reviewed and recommendations provided to the approving board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the Secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.

At the completeness hearing, the approving board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving board shall determine that the application is incomplete, the Secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.

In the event that the approving board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.

Nothing herein shall be construed as diminishing the applicant's obligation to prove In the application process that he or she is entitled to approval of the application. The approving board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.

The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.

The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving board prior to the first public hearing of the application.

At the time when the approving board determines that the application is complete and ready for public hearing, the approving board shall set a date for the public hearing and notify the applicant of said date. After such notification by the approving board, the applicant shall follow the procedures established by this Ordinance and the Municipal Land Use Law with respect to the notice of hearing.

Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving board, the approving board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving board. The time within which the approving board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this ordinance, the approving board shall be obligated to act on the original application. If, at the discretion of the approving board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.

If the approving board approves a plat conditioned upon County Planning Board approval, or that of any other governmental agency or official (including those of the municipality), and, in meeting any conditions of County Planning Board or other governmental approval, a substantial change is required in the design, access, circulation, drainage or improvement, the revised plat shall be resubmitted to the township approving board for reapproval.

1. Before the approving board shall give preliminary approval to any plat wherein is proposed the extension of any sanitary sewer or public water system, or wherein the approving board requires an extension of a sanitary sewer or public water system, the approving board shall first require a resolution of the Governing Body of the Township of Roxbury approving and authorizing said sewer or public water system extension.

2. If approval is required by any other officer or public body (including those of the municipality), the same procedure as applies to submission and approval by the County Planning Board shall apply.

The approving board shall approve, conditionally approve or deny the preliminary major subdivision application of ten (10) lots or less within forty-five (45) days of the determination by the approving board that the application is complete unless the Applicant shall extend the period of time within which the approving board may act. The approving board shall approve, conditionally approve, or deny the preliminary major subdivision application of more than ten (10) lots within ninety-five (95) days of the determination by the approving board that the application is complete unless the applicant shall extend the period of time within which the approving board may act. Failure of the approving board to act within the time prescribed shall constitute preliminary major approval and a certificate of the Administrative Officer as to the failure of the approving board 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 accepted by the County Recording Officer for purposes of filing subdivision plats. The approving Board shall include findings of fact and conclusions based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.

Approval or "conditional approval" confers upon the applicant the following rights for a three (3) year period from the date on which the resolution of preliminary approval or conditional approval is adopted:

1.That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that such general terms and conditions of preliminary approval shall be deemed modified to the extent required to comply with any subsequently adopted requirements of this Ordinance or other Township ordinances as relate to public health and safety.2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

3. That the applicant may apply for, and the approving board may grant, extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years; provided that if any applicable design standards set forth in Article V Sideyards. No building shall be constructed within 20 of any side lot line, except where adjoining a pond where a 10' sideyard shall be maintained.

3. That the applicant may apply for, and the approving board may grant, extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years; provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the currently existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.

4. In the case of a subdivision of an area of fifty (50) acres or more, the approving board may grant the rights referred to in paragraphs 1, 2, and 3 above for such period of time, longer than three (3) years, as shall be determined by the approving board to be reasonable, taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under preliminary approval, b) Economic conditions, and c) The comprehensiveness of the development.

The applicant may apply for thereafter, and the approving board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving board to be reasonable, taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under preliminary 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.

Provided that if any applicable design standards set forth in Article VIII of this Ordinance have been revised since the granting of the preliminary approval, the board may condition its extension of the preliminary approval upon compliance with some or all of such revised design standards; and provided further that the board may deny any extension of a preliminary approval where it finds that such an extension would be inimical to the intent and purpose of the currently existing zone plan and/or zoning regulations as reflected in this Ordinance and/or the Master Plan.

Whenever the approval board grants an extension of preliminary approval pursuant to subsections 13-3.409.3 or 4 above and preliminary 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 an extension either before or after what would otherwise be the expiration date.

The approving board shall grant an extension of preliminary approval for a period determined by the board, but not exceeding one 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 the required approvals, The developer shall apply for the extension before 1) what would otherwise be the expiration date of preliminary approval or 2) the 91st day after the developer receives the last legally .required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the approving board from granting an extension pursuant to subsections 133.409.3 and 4.

If the approving board favorably acts on a preliminary plat, the Chairperson, Secretary and the Engineer of the approving board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return same to the applicant for compliance with final approval requirements. Where conditional approval is granted, the Chairperson and the Secretary of the approving board shall not affix their signatures to the plat until all conditions required for approval have been complied with.

After the approval or denial of a preliminary major subdivision, copies of the signed plat and/or resolution of memorialization shall be distributed to the following, where appropriate:

1. Township Clerk

2. Township Engineer

3. Zoning Officer

4. Tax Assessor

5. Secretary of the Approving Board

6. Morris County Planning Board

7. Morris County Soil Conservation District

8. Applicant

9. Construction Official

The applicant shall submit eighteen (18) copies of the application together with eighteen (18) legible prints containing all information required by the checklist, together with all appropriate fees, at least three weeks before the date of the regular meeting of the approving Board at which the application is to be considered.

The Secretary of the approving Board shall forward copies of the application, or relevant portions thereof, to the following officials for review and comment, where appropriate:

1. Township Engineer

2. Morris County Planning Board

3. Zoning Officer

4. Tax Assessor

5. Approving Board Consultant

6. Approving Board Attorney

7. Environmental Commission

8. Morris County Soil Conservation District

9. Township Planner

In appropriate cases the approving board shall have the authority to approve a final major subdivision without the necessity of any specific referrals. The approving board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.

An application for final major subdivision approval must be filed within three (3) years of the grant of preliminary major subdivision approval, or within the additional period of any extension thereof granted by the approving board pursuant to Subsections 13-3.409.3 and/or 13-3.409.4.

**Webmasters Note: The previous section has been added as per Ordinance No. 16-03.

The following additional documents shall be provided during the hearing process or as a condition of approval:

1. Township Engineer. A written statement from the Township Engineer indicating: a) That the Engineer is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed. b) That the applicant has either completed the installation of all improvements in accordance with the requirements of this Ordinance or posted with the Township Clerk a performance guarantee in an amount sufficient to cover the cost of all improvements as required by this Ordinance, or uncompleted portions thereof, as estimated by the Township Engineer, and assuring the installation of such improvements on or before an agreed date. c) That all times and amounts required for the maintenance guarantee have been provided for the improvement installed. d) That the final plat conforms to the preliminary plat as submitted and approved with changes as noted in affidavit from applicant. e) That all items required by the checklist for final approval have been provided.

An application for development in the form that the applicant intends to be a complete application, together with all required fees and deposit for escrow, shall be provided to the Secretary of the Approving Board by the applicant in a single submission. All items on the checklist of requirements shall be submitted with the application unless the applicant submits a written request seeking waiver of the omitted checklist requirements with reasons supporting the proposed completeness waiver. Upon submission of the application for development, the application shall- be administratively reviewed and recommendations provided to the approving board by the Municipal Planner or his designee describing the status of completeness of the application. If the Municipal Planner deems the submission to be insufficient to perform his/her administrative review, he/she may require that the applicant resubmit or supplement its application documents. Upon submission of an application deemed by the Municipal Planner to be administratively sufficient, the application shall be filed and assigned a docket number by the Secretary and scheduled for a public hearing to determine completeness within forty-five (45) days of filing. Requests for completeness waivers shall be considered at the time of the completeness hearing.

At the completeness hearing, the approving board shall determine whether the application is complete or incomplete in accordance with the requirements of the checklist and after consideration of any written requests that any one or more of the checklist requirements be waived. If the approving board shall determine that the application is incomplete, the Secretary shall advise the applicant or its attorney, in writing, of the reasons why the application is incomplete within forty-five (45) days of the filing of the application for development. In the event that the approving board does not certify the application to be incomplete or complete within forty-five (45) days of the date of filing of an application for development, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for approval or denial of the application pursuant to this Ordinance.

In the event that the approving board determines that the application is incomplete, the applicant shall not have to pay a new application fee as long as the incomplete items are submitted within sixty (60) days of the determination of incompleteness. Otherwise, the application process shall begin as in a new filing. Where the board has determined the application is incomplete, an applicant wishing to make supplemental submissions to the original application within the sixty (60) day time period allowed shall make such supplemental submission at one time with all intended supplemental material filed simultaneously. The resubmission shall retain the original application docket number and shall be reviewed administratively and placed on the agenda before the board for a determination of completeness as in the case of a new application, and all procedures for determination of completeness shall be followed as in the case of a new application.

Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving board may subsequently request the submission of checklist items waived for purposes of application completeness and/or the correction of any material found to be in error. The approving board may require submission of additional information not specified in the ordinance and/or such revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of an application for development have been satisfied. The board shall also have the authority to refer any application plans or documents to other agencies or individuals for comment or recommendations.

The Municipal Planner may, under appropriate circumstances, make a preliminary determination of completeness for the purpose of expediting the designation of a hearing date for the application, provided that any such determination shall be provisional in nature and shall be subject to confirmation by the Board at the public hearing of the applicant.

The officials and agencies to whom application plans or documents have been forwarded for review pursuant to this section shall forward their comments and recommendations in writing to the approving board prior to the first public hearing of the application.

At the time when the approving board determines that-the application is complete and ready for public hearing, the approving board shall either proceed forthwith with the public hearing of the application, provided that all applicable notice requirements have been satisfied, or set a date for a subsequent public hearing and notify the applicant of said date. After such notification by the approving board, the applicant shall follow the procedures established by this Ordinance and the Municipal Land Use Law with respect to the notice of hearing. If no further public notice is required, the approving board may directly proceed with the public hearing of the application after determining completeness.

Where, after an application is complete, the applicant proposes changes in the application, or accepts changes suggested by the approving board, the approving board may require the submission of an amended application which shall proceed as in the case of the original application for development, except that additional application/escrow fees and/or completeness review may be waived at the discretion of the approving board. The time within which the approving board shall review the amended application and make its determination shall commence as of the date of the filing of the amended application, or the date the amended application is determined to be complete, if additional completeness review is not waived. If the applicant fails to submit an amended application within the original time for review authorized by this ordinance, the approving board shall be obligated to act on the original application. If, at the discretion of the approving board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.

The approving Board shall approve, conditionally approve or deny the final major subdivision application within forty-five (45) days of the determination by the approving board that the application is complete unless the applicant shall extend the period of time within which the approving board may act. Failure of the approving board to act within the time prescribed shall constitute final major subdivision approval and a certification of the Administrative Officer as to the failure of the approving board to act shall be issued on request of the applicant; and it shall be accepted by the County Recording Office for purpose of filing subdivision plats. The approving board shall include findings of fact and conclusion based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.

1. The applicant shall provide four (4) translucent copies and eight (8) legible prints of the approved final plat showing all revisions and signatures. The Applicant must prepare a sufficient number of copies so that same are available to make the following distribution after filing: County Clerk - two translucent copies and one paper copy; Approving Board Secretary - two translucent copies marked "Filed" by the County and five paper copies also marked "Filed" by the County.

2. 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 county recording officer. The approving 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. The approving board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of the approving 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 entitles and (2) that the developer applied promptly for and diligently pursued 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 approving board. The developer may apply for an extension either before or after the original expiration date.

3. No subdivision plat shall be accepted for filling by the county recording officer until it has been approved by the approving Board as indicated on the instrument by the signature of the Chairperson and Secretary of the approving Board and Township Engineer The signatures of the Chairperson, Secretary of the approving Board and Township Engineer shall not be affixed until (a) the developer has posted the guarantees required by this Ordinance as verified by the Township Clerk, and (b) the Lot Line Revision Fee has been paid pursuant to Section 13-2.402A It the county records any plat without such approval such recording shall be deemed null and void, and upon request of the municipality the plat :hall be expunged from the official records.

**Webmasters Note: The previous subsection (3) has been amended as per Ord. No. 18-02.

4. It shall be the duty of the county recording officer to notify the approving 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.

5. If the applicant does not install all improvements required as precondition of final approval and elects to post a Performance Guarantee in accordance with Section 13-4.2, then in that event before the final map is filed in the Office of the Clerk of the County of Morris it shall have imprinted thereon the following: "All improvements required as a condition for final subdivision approval have not been completed as of the date of the filing of this map and a Performance Guarantee has been posted by the Developer of the property shown on this map in accordance with the provisions of N.J.S.A. 40:55D-53. Therefore, all purchasers of property shown hereon are notified that the issuance of a Building Permit and a Certificate of Occupancy for any house and/or structure to be constructed on any lot shown hereon is limited and subject to the terms and conditions of a Builder's Agreement on file with the Office of the Clerk of the Township of Roxbury. This notice shall remain effective until such time as the conditions of the Builder's Agreement are satisfied and notice prepared by the Mayor and Council of the Township of Roxbury-is filed by-the-developer in the Morris County Clerk's Office as to such conditions having been met."

At such times as all utilities and public improvements have been installed and constructed, reproducible as-built plans for such utilities and public improvements shall be filed with the Township Engineer. Public improvements shall not be accepted by the Township until such plans are presented and approved by the Township Engineer.

1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 was adopted; provided that in the case of a major subdivision the rights conferred by this Section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for in final approval and has duly recorded the plat with the county recording officer, the approving 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 Ordinance, the granting of final approval terminates the time period of preliminary approval pursuant to this Article.

2. In the case of a site plan for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, the approving Board may grant the rights referred to in paragraph 1 of this Section for such period of time, longer than two (2) years, as shall be determined by the approving Board to be reasonable, taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under final approval, b) Economic conditions, and c) The comprehensiveness of the development.

The developer may apply for thereafter, and the approving Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the approving Board to be reasonable, taking into consideration: a) The number of dwelling units and nonresidential floor area permissible under final approval, b) The number of dwelling units and nonresidential floor area remaining to be developed, c) Economic conditions, and d) The comprehensiveness of the development.

Whenever approving board grants any extension of final approval pursuant to Section 15-3.510 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 extension date. The approving 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 developer proves to the reasonable satisfaction of the approving 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 an extension before (1) what would otherwise be the expiration date of final approval, or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the approving board from granting an extension pursuant to 13-3.510.

If the approving board favorably acts on a final plat, the Chairperson and the Secretary of the approving board shall affix their signatures to the plat when all conditional required for approval have been complied with.

After the approval or denial of a final major subdivision, copies of the signed plat and/or resolution of memorialization shall be distributed as follows, where appropriate:

1. Township Clerk

2. Township Engineer

3. Zoning Officer

4. Tax Assessor

5. Secretary of the Approving Board

6. Morris County Planning Board

7. Morris County Soil Conservation District

8. Applicant