§12-5.11 Approval



a. Approval of any application shall be conditioned on certification by the Sussex County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of Chapter 251, L. 1975.



b. if the planning board acts favorably on a preliminary plat, the chairman of the planning board shall affix his signature to the plat with a notation that it has received tentative approval and returned to the subdivider for compliance with final approval requirements



c. A copy of the action taken by the planning board shall be forwarded to the township clerk



§12-5.12 Rights Granted by Approval



Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three year period from the date of such approval



a. 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 nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety,



b. 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. No application for final approval will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a major subdivision, except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the Governing Body or to a Court of competent jurisdiction, until a determination in any manner of such appeal or proceeding.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2005-

18.



c. That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards shall govern.



d In the case of subdivision for an area of 50 acres or more the planning board may grant the rights referred to in a, b, and c above for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development, provided that if the design standards have been revised such revised standard shall govern



§12-5.13 Installation of Improvements Prior to Final Approval



a Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in section 12-7 under the supervision and inspection of the township engineer, except that the planning board may accept a performance guarantee approved by the township attorney in an amount equal to 120 percent of the estimated cost of the improvement of which 10 percent of the total amount shall be in cash or a certified check for the later installation of the following improvements only



1 . The final surface course of the street pavement



2 Sidewalks



3 Monuments



4 Street signs



5 Shade trees



The amount of the performance guarantee may be reduced or released in accordance with the provisions of C 40 55D-53.



b Inspection by township engineer All of the improvements required shall be subject to inspection and approval by the township engineer. The subdivider shall notify the engineer, at least 24 hours prior to the commencement of construction of the required improvements No underground installation shall be covered until inspected and approved by the engineer.



§12-5.14 Submission of Final Plat of Major Subdivision



a. The final plat shall be submitted to the secretary of the planning board for final approval within the time specified in subsection 12-5 12 and in accordance with the provisions of the "Land Use Procedures Ordinance of Wantage Township"



b The original tracing, one translucent tracing, two cloth prints, 14 black or blue-on-white prints and three copies of the completed application shall be submitted to the secretary In addition, the subdivider shall provide five black or blue-on-white prints of "as built" drawings which show the location of all improvements including, underground utilities, storm drains, under drains and water mains and shut-off valves Any of the above listed improvements which are not installed at the tune of a request for final approval, shall be included on and in the "as built" drawings prior to road acceptance by the township.



c The application shall be accompanied by a fee of two hundred ($200.00) dollars plus twenty ($20. 00) dollars for each proposed lot shown on the final plat, paid to the township clerk or secretary of the planning board.



d In addition to the fees required in subparagraph c above, the subdivider shall also pay all reasonably necessary inspection fees in connection with the construction of any improvements required under this chapter, as may be established by resolution of the township committee Such fees shall be paid to the township engineer or other inspecting official, unless otherwise directed by the planning board



e Distribution of copies, copies of the final plat shall be forwarded by the secretary of the planning board to the following



1 Subdivision committee



2 County planning board



3 Township engineer



4 Such other officials or agencies as directed by the planning board.



§12-5.15 Letters Required Prior to the Final Approval



Prior to final approval the planning board shall have received the following



a. A letter containing a list of all items to be covered by a performance guarantee (cash or certified check), the quantities of each item, the cost of each of them and the total amount of all items



b A letter from the township engineer stating that the required improvements have been installed to his specifications, and that the performance guarantee is adequate to cover the cost of remaining improvement, in accordance with subsection 12-5 13



c. A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat as submitted and approved



§12-5.16 Time Allotted for Approval



Final approval shall be granted or denied, within the time specified in subsection 15-1 8 of the "Land Use Procedures Ordinance of Wantage Township". Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the secretary of the board as to the failure of the planning 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 so accepted by the county recording officer for purposes of filing final subdivision plat



Whenever review or approval of the application by the county planning board is required the township 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.



§12-5.17 Distribution of Copies.



After final approval, one translucent tracing and one cloth print shall be filed with the township clerk The original tracing and one cloth print shall be returned to the applicant Copies of the final plat shall also be filed with the planning board and with the following



a Township clerk.



b Township engineer.



c. The board of education of the local district.



d. Construction official



e. Tax assessor.



f County planning board



g Official issuing certificates for approved lots



§12-5.18 Filing With County Recording Officer



a Within 95 days of final approval, the final plat shall be filed by the subdivider with the county recording officer in accordance with the provisions of C 40 55D-54 For good and sufficient reasons, the planning board may extend the time for filing for an additional period not to exceed 190 days from the date of signing of the plat



b No plat shall be offered for filing to the county recording officer unless it has been duly approved by the township planning board and signed by the chairman, secretary and township engineer.



c. Wherein an application has been acted upon by the planning board as a major subdivision because the subdivision in question cannot meet the definition of "minor subdivision" as herein defined, but otherwise appears to be a minor subdivision, but must be acted upon by the planning board as a major subdivision for this technical definition reason and for no other, the planning board may waive the requirement that the applicant submit maps prepared for filing as required in paragraph b hereof and permit the applicant to make this filing with the county clerk by deed should the applicant request that the planning board waive the requirement for the filing of maps then the applicant must file a proposed deed of the subdivision as required in 12- 5 1 (a)