A.Consistent with the provisions of this chapter, the Municipal Council with the assistance of the municipal agency and other appropriate township departments, shall, prior to the imposition of any conditions on a development application, determine whether the off-site, off-tract improvement is to be constructed by the township as a general improvement, as a local improvement or whether such development is to be constructed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than those of the developer

B. Once the foregoing determination has been made, the municipal agency shall estimate, with the aid of the Township Engineer and such other persons having pertinent information or expertise, the cost of the improvement and the amount by which all properties to be serviced thereby, including the developer's property, will be specially benefitted therefrom

C. Following the aforesaid determinations by the municipal agency, the developer may be required to provide, as a condition for approval, a bond or cash deposit to ensure payment to the township of one (1) of the following amounts

(1) If the improvement is to be constructed by the township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the developer's property, will be specially benefitted by the improvement

(2) If the improvement is to be constructed by the township as a local improvement, then, in addition to the amount referred to in Subsection C(1), the estimated amount by which the developer's property will be specially benefitted by the improvement.

(3) If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement

D. The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the township following the completion of the improvement to ensure that the developer shall pay only his appropriate share of the cost thereof

E. Should a developer pay under protest the amount which has been determined as his pro rata share, legal action shall be instituted within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount

A.The township shall assess all properties, other than the property of the developer specially benefiting from installation of any off-site or off-tract improvements, based upon the actual cost thereof, as provided in § 4-35 of Chapter 4, Administration of Government, and pursuant to the provisions of the Revised Statutes of New Jersey However, principal amounts received by the township from such assessments, together with interest from property owners who have elected to pay for said assessments over a period of years, shall, in the case where the developer is the installer of the off-site or off-tract improvements, he credited to the real estate account of the applicant's property In the case where there has been an apportionment of cost against the township for the required off-site or off track improvements and the developer is the installer of the off-site or off-tract improvements, then the township shall pay its portion of cost to the developer not more than three (3) months after the completed installations have been approved by the Township Engineer

B. In the event of any default in payment of an assessment levied by the township pursuant to Subsection A above, then the township shall exercise its remedies elsewhere provided, and, if thereafter the balance of principal and interest due upon the subject assessment has not been fully satisfied by payment to the township and credit thereof given to the real estate account of the developer's property, then the township shall forthwith pay said balance to the developer or his then successor in interest

In the event that the developer shall not be required to install off-sue or off-tract improvements virtue of the provisions of this chapter, then and in that event there shall be paid to the Township Treasurer the amount of the developer's share of the finally determined cost of the off-site or off-tract improvement All moneys received by the township in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose If the improvements are not initiated within a period of fifteen (15) years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest

A. The sales office of all major subdivisions consisting of ten (10) or more lots, as shown on the developers' preliminary plats, shall display at all times within the development sales office or a model home located on the premises the following maps of the township

(1) Official Map of Parks

(2) Official Map of Roads

(3) Township Zoning Map

B. Each map shall clearly show the location of the developer's subdivision

The rules, regulations and standards contained in this Article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the township Any action taken by the municipal agency under the terms of this Article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is unpracticable or will exact undue hardship, the municipal agency may permit such variations or modifications as may be reasonable and within the general purpose and intent of the roles, regulations and standards established by this chapter

[Amended 9-21-1988 by Ord No 54-1988]

A. If, before final approval for a subdivision has been granted, any person who transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required pursuant to this Chapter, such person shall be subject to a penalty as indicated in § 1-15, violations and penalties.

B. Final approval of any subdivision approved by the appropriate Approving Authority under the provisions of this Chapter and any conditions thereof shall be binding upon the developer/applicant and upon any subsequent heirs and/or assigns. Said approval shall not be amended or altered in any manner without prior Township approval. Failure to adhere to an approved final subdivision plan or conditions of approval shall be deemed a violation of this Article.

C. This section shall be enforced by the Municipal Planner or his designee. Notice detailing any violation due to noncompliance with prior approvals shall be served upon the appropriate agent for the development and said violations shall be abated within ten (10) days.

D. In the event that the violation is not abated within the days of service, the Municipal Planner or his designee shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging a violation of this Article and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this Article.

E. The penalty for violation shall be a fine not less than five hundred dollars ($500.) nor more than one thousand dollars ($1,000.) for each day of violation.

F. In the event of on-going construction, the Municipal Planner or his designee shall notify the Township Construction Official who is hereby authorized to issue a stop-work order in order to halt construction until compliance is achieved.

**Webmasters Note: Section 134-94 has been amended as per Ord. No. 47-1999.

In addition to the penalty set forth in § 134-94 above, the township 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 Section 44 of the Municipal Land Use Law

In any such action taken pursuant to § 134-95 above, the transferee, purchaser or grantee shall be entitled to a hen 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, it unrecorded

A.corporation or partnership applying for permission to subdivide a parcel of land into six (6) or more lots shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be

If a corporation or partnership owns ten percent (10 %) or more of the stock of a corporation or ten percent (10%) or greater interest in a partnership subject to disclosure pursuant to § 134-97, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or of ten-percent-or-greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent-ownership criterion established in this Act have been listed

The municipal agency shall not approve the application of any corporation or partnership which does not comply with this Act

Any corporation or partnership which conceals the names of the stockholders owning ten percent (10%) or more of its stock or of the individual partners owning a ten-percent-or-greater interest in the partnership, as the case may be, shall be subject to a fine of one thousand dollars ($1,000 ) to ten thousand dollars ($10,000