The Secretary of the review board shall distribute the site plan application for reviewing and report and approval where required as follows:

A. One (1) copy to the Borough Clerk.

B. One (1) copy to the Municipal Engineer.

C. One (1) copy for the permanent files of the board's Secretary.

D. One (1) copy to the Building Inspector.

E. One (1) copy to the Fire Inspector.

F. One (1) copy to the Secretary of the Board of Health.

G. Three (3) copies to the Site Plan Committee of the Planning Board.

H. One (1) copy forwarded to the Borough Tax Assessor upon the adoption of a resolution for preliminary approval by the review board.

A. Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for ten (10) acres of land or fewer, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of the submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

B. Upon the submission of a complete application for a site plan of more than ten (10) acres, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the applicant.

C. Upon submission of any application for development to the Planning Board which also requests relief pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny preliminary approval of the application within one hundred twenty (120) days of the date of submission of a completed application or within such further time as may be consented to by the applicant. [Amended 8-23-1995 by Ord. No. 95-17]

D. Failure of the reviewing board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.

E. If the reviewing board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The reviewing board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.

F. Nothing herein shall be construed to limit the right of a developer to submit a sketch plan to the reviewing board for informal review, and neither the reviewing board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plan and the time for the reviewing board's decision shall not begin to run until the submission of a complete application.

A.public hearing shall be held on all applications for site plan approval.

The reviewing board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for-site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such exception and the factual basis therefor shall be set forth in the resolution granting preliminary approval.

Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary 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; natural resources to be preserved on the site; vehicular and pedestrian circulation; parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the 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 site plan.

C. That the applicant may apply for and the reviewing 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 the design standards have been revised by ordinance. such revised standards may govern.

A. The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval, provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

B. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the reviewing board as to failure of the reviewing board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

C. A complete application for final approval shall be submitted to the Secretary of the Planning Board not later than fourteen (14) days prior to the monthly meeting of the Planning Board and shall consist of the following:

(1) A properly completed final site plan approval form.

(2) The required fee.

(3) A site plan in final form, including all the information shown on the preliminary plan, conditions of preliminary approval, plus the following:

(a) Plans and profiles of sewers and plans and specifications for all off-tract improvements.

(b) A certification from the Borough Tax Collector that all taxes and assessments on the real property being developed have been paid in full.

(c) Such other items as the reviewing board may require in writing.

A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §163-9 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing 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 §163-9 of this chapter for the section granted final approval.

A. As a condition of final site plan approval, the reviewing board may require and shall accept, in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed one hundred twenty percent (120%) of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping, provided that no more than ten percent (10%) of the total performance guaranty shall be in cash and the balance shall be in the form of a bond from a bonding company approved by the governing body. The Municipal Engineer shall review the improvements required by the reviewing board which are to be bonded and itemize their cost.

Said itemization shall be the basis for determining the amount of performance guaranty and maintenance guaranty required by the reviewing board. The Municipal Engineer shall forward his estimate of the cost of improvements to the applicant within thirty (30) days of the date of receipt of a request sent by certified mail for said estimate.

(2) The furnishing of a maintenance guaranty to be posted with the governing body for a period not to exceed two (2) years after final acceptance of the improvement in an amount not to exceed fifteen percent (15%) of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

B. The amount of any performance guaranty may be reduced by the governing body by resolution when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution.

C. If the required improvements are not completed or corrected in accordance with the performance guaranty the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvement.

D. When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer.

Thereupon the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

E. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said reviewing board with relation thereto not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.

F. If any portion of the required improvements is rejected, the reviewing board may require the obligor to complete such improvements, and upon completion, the same procedure of notification as set forth in this section shall be followed.

G. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.

The reviewing board may, as a condition for approval of a site plan, require the developer to pay his pro rata share of the cost of providing reasonable and necessary future improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development necessitated or required by the construction or improvements within such development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to Subsections 19b(4) and 19b(5) of the Municipal Land Use Act, respectively; provided, however, that such share shall be fair and reasonable in relation to other developers and owners of property within the related and common area. The reviewing board shall fix the amount of such share only after a hearing with every party in interest having notice and an opportunity to be heard.

Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the township in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within ten (10) years of deposit, all moneys and interest shall be returned to the applicant.

A. An applicant shall be responsible to reimburse the municipality for:

(1) All expenses of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency, such as but not by way of limitation:

(a) Charges for reviews by professional personnel of applications and accompanying documents.

(b) Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by applicant.

(c) Charges for any telephone conference or meeting requested or initiated by applicant, his attorney or any of his experts.

(d) Review of additional documents submitted by applicant and issuance of reports relating thereto.

(e) Review or preparation of easements, developments, agreements, deeds, resolutions or the like.

(f) Preparation for and attendance at special meetings.

(2) The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of the applicant's experts, provided that the municipal agency gives prior notice to applicant of its intention to obtain such additional expert advice or testimony and affords applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof.

B. No applicant shall be responsible to reimburse the municipality for attendance by the municipality's professional personnel at any regularly scheduled meeting of the municipal agency; provided, however, that the municipality shall be entitled to be reimbursed for attendance of its professional personnel at special meetings of a municipal agency which were requested to be called by the applicant for the applicant's convenience.

C. The term professional personnel or professional services, as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to ensure an application meets performance standards set forth in this chapter and other experts whose testimony is in an area of which the applicant has presented expert testimony.

D. No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bids for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been approved by the governing body, unless the applicant shall have deposited with the Municipal Clerk an amount agreed upon by the applicant and the municipal agency which is likely to be sufficient to cover all reimbursement items, and upon posting and said deposit with the Municipal Clerk, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency.

E. No professional personnel submitting charges to the municipality for any of the services referred to in Subsection AM of this section shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner that would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the municipal salary ordinance. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.

F. Deposits received from any developer pursuant to Subsection C of this section shall be deposited in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred dollars ($100.) for the year. If the amount of interest exceeds one hundred dollars ($100.), that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than thirty- three and one-third percent (331/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses.