For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a development.

DAYS - Calendar days.

DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT - The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this Act.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this Act.

MINOR SUBDIVISION - The subdivision of land that does not involve the creation of more than three (3) lots, any new street or extension of any off-tract improvement. A "minor subdivision" shall not include any subdivision which. in the opinion of the reviewing board, is intended as the first step in a series of "minor subdivisions," the total effect of which would constitute a major subdivision.

OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than ten percent (10%) of the total performance guaranty in cash.

RESUBDIVISION :

A. The further division or relocation of lot lines or any lot or lots within a subdivision previously made and approved or recorded according to law.

B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

REVIEWING BOARD - The Planning Board. [Amended 8-23-1995 by Ord. No. 95-17]

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created:

A. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five (5) acres or larger in size.

B. Divisions of property by testamentary or intestate provisions.

C. Divisions of property upon court order.

D. Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term resubdivision.

Approval of subdivision plats shall be required as a condition for the filing of such plats with the county recording officer.

In reviewing any proposed subdivisions:

A. The reviewing board shall require that all lots within a proposed subdivision be consistent with the requirements of Chapter 197, Zoning.

B. The reviewing board shall require that all streets within or providing access to all lots within the proposed subdivision be of such width, grade, suitability, location and construction to accommodate all prospective traffic and to provide access for fire-fighting and emergency equipment. Such streets shall be coordinated so as to compose a convenient system consistent with the Official Map, if any, and the circulation element of the Master Plan, if any; provided that no street of a width greater than fifty (50) feet within the right-of-way lines shall be required unless such street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width or already has been shown in greater width on the Official Map.

C. The reviewing board shall require water supply and sanitary sewage disposal systems adequate to service the lots within the proposed subdivision and all purposes to which such lots may be devoted. The same shall be described in the subdivision application and, whenever appropriate, shall be reviewed and approved by the Borough Engineer, Building Inspector, Fire Inspector and Board of Health. The subdivision plat shall show the location of all fire hydrants, fire lanes and similar facilities.

D. The reviewing board shall require utilities adequate to service the lots within the proposed subdivision, insofar as practical, such service shall be provided as part of an underground system. Where existing utility lines, set ontract or off-tract, require relocation, the reviewing board shall require that such relocation be accomplished so as not to create any hazardous conditions or to cause undue inconvenience.

E. If the Master Plan or Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed subdivision, before approving the subdivision, the reviewing board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) year after the approval of the final plat or then for such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough of Kenilworth shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest, in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservation shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by a subdivision or land development and required for final approval thereof.

F. The reviewing board shall require that each subdivision application submitted set forth measures proposed to protect and conserve soil from erosion by wind or water or from excavation or grading.

G. The reviewing board shall review pedestrian and vehicular traffic movement within and adjacent to the proposed subdivision with particular emphasis on the provision for access and parking. Access to the proposed subdivision from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress to and egress from the site.

H. Where curbing is on streets within the proposed subdivision, the reviewing board shall provide that the developer install curbing along the extent of all property fronting public and private streets in accordance with standards and specifications laid down by the Borough Engineer.

I. The reviewing board may, as a condition for approval of preliminary subdivision, 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 subdivision but necessitated or required by construction or improvements within the subdivision. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements area to the constructed pursuant to the circulation and comprehensive utility service plans included in the Borough Master Plan. The developer's share shall be fair and reasonable in relation to that of other developers and owners of property similarly situated and shall be fixed by the reviewing board only after a hearing with every party in interest having notice and opportunity to be heard.

A. Except as to minor subdivisions, the applicant shall submit twelve (12) copies of his complete application to the Secretary of the reviewing board. The time for the board's review shall not begin to run until the submission of the complete application with the required fees. The complete application shall be filed not later than thirty (30) days before the date of the monthly meeting of the board. The application shall be deemed complete for purposes of commencing the applicable time period for action by the Planning Board when the Board certifies, in writing, that it is complete. In the event that the Board does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of such forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the Board's checklist and provided to the applicant, and the Board has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of its submission. [Amended 5-8-84 by Ord. No. 84-7-,2- 2586 by Ord. No. 86-5]

B. A complete application for preliminary approval of a major subdivision shall consist of the following:

(1) A properly completed subdivision application form.

(2) The required fee.

(3) A subdivision plot plan on which the following is set out:

(a) A key map of the subdivision showing all surrounding areas and existing streets within five hundred (500) feet of the site.

(b) Scale, not to exceed one (1) inch equals one hundred (100) feet.

(c) Dimensions of lots, setbacks. front yards, side yards and rear yards and size, kind and location of all fences. The plan shall indicate bearings and distances of property lines.

(d) Zone district in which the subdivision is located and zone district of adjoining properties and all properties within a two-hundred-foot radius of the subdivision.

(e) Names of owners of all lands within a two hundred-foot radius of the site.

(f) The outside dimensions of all existing and proposed buildings and accessory structures.

(g) Storm drainage plan showing locations of inlets. pipes, swales, berms and other storm drainage facilities, including roof leaders. The plan should indicate existing and proposed runoff calculations.

(h) Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses.

(i) Significant existing physical features, including streams. watercourses, rock outcrops and swampy soil.

(j) All driveways and streets within a two-hundred foot radius of the site, all existing proposed curbs and sidewalks and all existing and proposed utility lines within and adjacent to the site.

(k) Existing and proposed sanitary sewage disposal system. If a percolation test has been made, location of test holes, results and soil log data should be shown.

(l) Water supply system.

(m) Method of solid waste disposal and storage.

(n) Existing and proposed contours of site at two foot intervals for areas of less than five-percent grade and at ten-foot intervals for areas above five-percent grade.

(o) Location of all existing trees or tree masses, indicating general sizes and species of trees.

(p) A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24- 39 et seq.

(q) Any other pertinent information as may be required by the board.

C. Application for preliminary approval of a major subdivision shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. The applicant shall furnish proof of such submission at the time of the submission of his application to the municipal reviewing board by presenting a copy of his subdivision application with an indication from the county that it has been filed with them. Any application for subdivision approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the subdivision at the time of preliminary approval of applicant's application, such preliminary approval shall be conditioned on approval of said subdivision by the County Planning Board.

D. No application for subdivision approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq. or proof that such a plan is not required by said statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of preliminary approval of the applicant's subdivision, preliminary approval shall be conditioned on certification of the applicant's erosion plan.

E. Nothing herein shall be construed to limit the right of a developer to submit a sketch plat 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 subdivision or site plan approval shall not be limited by his submission 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.

The Secretary of the reviewing 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 to be forwarded to the Borough Tax Assessor upon the adoption of a resolution for preliminary approval by the reviewing Board.

A. Specific time limits.

(1) Upon the submission to the Secretary of the reviewing board of a complete application for a subdivision of ten (10) or fewer lots, other than a minor subdivision, as herein defined, the reviewing 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 subdivision approval also involves an application for a variance, the reviewing board shall grant or deny preliminary approval within ninety-five (95) days of the date of 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.

(2) Upon the submission of a complete application for a subdivision of more than ten (10) lots, the reviewing 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 developer.

B. Failure to reach decision within time limits. Failure of the reviewing board to reach a decision within the specified time periods of extensions thereof shall result in the approval of the subdivision as submitted.

A.public hearing shall be held on all applications for preliminary approval of a major subdivision.

Preliminary approval of a major subdivision shall be contingent upon the following rights for a three-year period from the date of 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, except that nothing herein shall be construed to prevent the Borough of Kenilworth 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.

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 this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960. c. 141,3 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 condition 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 approving authority as to failure of the approving authority 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 consist of the following where applicable:

(1) A properly completed final subdivision approval form.

(2) The required fee.

(3) A subdivision plat conforming with the Map Filing I Act, P.L. 1960, c. 141.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §174-8 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 §174-8 of this chapter for the section granted final approval.

A. As a condition of final subdivision 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 the 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 of the Borough of Kenilworth 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 borough for the reasonable cost of the improvements not completed or corrected, and the borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

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 Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough 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. 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 Borough 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. When 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 borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.