A. The Planning 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 and construction approval and the standards prescribed by the Map Filing Law, RL. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). Applications shall be completed in accordance with § 90-6.1 of this chapter. [Amended 2-1-88]
B. Pursuant to time limitations set forth according to law and other requirements of this chapter concerning installation of improvements for major subdivisions, an applicant may, within such time limitations and after required improvements are installed, apply for final plat approval of a major subdivision.
C. Not more than twenty-one (21) days nor less than fourteen (14) days prior to a regular meeting of the Planning Board, the applicant shall file with the Secretary of the Planning Board the original cloth or Mylar tracing, one (1) duplicate tracing on cloth or Mylar, two (2) black-on-white cloth prints and twelve (12) black- or blue-line white prints of the final plat, which has been certified by a land surveyor licensed by the State of New Jersey, together with three (3) completed applications for final approval, the required fees and all materials set forth below.
D. The final plat shall be drawn in ink on cloth or Mylar at a scale of one (1) inch equals one hundred (100) feet It shall meet all statutory requirements for map filing with the county recording officer. The final plat shall show or be accompanied by the following information and certification:
(1) The tract name, Tax Map sheet, block and lot numbers, date, reference meridian, written and graphic scales and the names and addresses of:
(a) The record owner or owners.
(b) The subdivider.
(c) The person who prepared the map.
(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) The purpose of any easement or land reserved or dedicated to public use shall be designated. and the proposed use of a site other than residential shall be noted.
(4) The Tax Map sheet, block and lot numbers assigned by the proper authority.
(5) Minimum building setback lines on all lots and other sites.
(6) Location and description of all monuments and location and elevation of a permanent benchmark, accessibly placed, together with a notation as to the datum from which it was established.
(7) The names of owners of adjoining land.
(8) Certification by a licensed engineer or licensed surveyor that he prepared the plat.
(9) Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(10) When approval of the plat is required by an officer or body of the municipality, county or state, approval shall be certified on that plat.
(11) A certificate from the Tax Collector that all taxes are paid to date.
(12) One (1) original Mylar or cloth tracing and six (6) black or blue-line paper prints of as-built plans and profiles, showing streets, curbs, sidewalks, storm drains, sanitary sewers, water mains and gas, electric and telephone utilities, including individual building or lot connections for all required development improvements.
(13) Certification by the developer's engineer that all required on- and off-tract improvements have been indicated on the final plat.
(14) Certification by the Township Clerk that a performance guaranty for bondable improvements, as hereafter set forth, has been furnished.
(15) Certification by the Township Clerk that a maintenance bond, not to exceed 15% of the cost of the improvements, has been posted with the governing body for all on-tract improvements. This maintenance guaranty shall be posted for a period not to exceed two years after final acceptance 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 a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements. [Amended 6-3-1991 by Ord. No. 8-91]
(16) Certification by the Township Clerk that all inspection fees have been paid.
(17) Certification by the Township Clerk that the developer's prorated cost of reasonable and necessary off-tract improvements has been posted.
(18) Certification by the Township Clerk that all assessments have been paid, if applicable.
(19) All certifications required by P.L. 1960, c. 141.13
(20) An as-built drawing shall be submitted showing all utilities as constructed; all conservation areas shall be described by metes and bounds, as shall other easements required by the Board. [Added 8-7-1989 by Ord. No. 6-89]
(21) A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then-effective standards. [Added 2-1-1988]
(22) At least one monument shall be located at the conjunction of a property corner and a public street. Said monument shall be inscribed with the elevation at the top of the monument relative to MSL. [Added 12-7-2000 by Ord. No. 2000-11]
E. Prior to the granting of final approval or the recording of the final subdivision plan, the subdivider shall have installed all improvements or shall have furnished a performance guaranty to ensure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed 120% of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The capital fee for cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter, Chapter 53, Driveways, or such other standards as may apply and shall be based on documented construction costs for public improvements prevailing in the general area of the township. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty. If any portion of any required improvements is rejected by the township and the township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law. [Amended 8-7-1989 by Ord. No. 689; 6-1-1992 by Ord. No. 15-92; 10-6-1997 by Ord. No. 97-14]
**Webmasters Note: The previous subsections, D(12) through E., have been amended as per a supplement dated 5-1-2001.
F. In regard to performance guaranties, the following procedures shall be followed:
(1) 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 Township 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 said body by resolution.
(2) 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 improvements.
(3) 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 Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a written report 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.
(4) The governing body shall either approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvement. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for the portion adequately sufficient to secure provision of the improvement-- not yet approved. Failure of the governing body to send or provide such notification to the obligor within 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.
(5) If any portion of the required improvements are rejected, the approving authority 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.
(6) Nothing herein, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination of the governing body or the Township Engineer.
(7) The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
G. Before the final subdivision plat is recorded, a maintenance guaranty shall be posted by the developer with the governing body for a period not to exceed two years after final acceptance of all improvements, in an amount not to exceed 15% of the costs of the improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256.4 In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements, except that the developer shall submit to the Municipal Engineer approvals from said public utilities. If any correction or reconstruction of any such improvement is necessary and is to be performed by the township with the proceeds of any maintenance guaranty, the costs thereof shall be subject to public bidding requirements under the Local Public Contracts Law. [Amended 8-7-1989 by Ord. No. 689; 6-1-1992 by Ord. No. 15- 92]
H. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the developer.
I. The effect of final approval of a major subdivision shall be as follows:
(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 90-8, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection J of this section. If the developer has followed the standards prescribed for final approval and his duly recorded the plat as required for final approval and has duly recorded the plat as required in Subsection J of this section, the Planning 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 the Municipal Land Use Law. The granting of final approval terminates the time period of preliminary approval pursuant to § 90-8 for the second granted final approval.
(2) In the case of a conventional subdivision, the Planning Board may grant the rights referred to in Subsection I(1) of this section for such period of time longer than two (2) years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development.
J. 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 Planning 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 the signing of the plat. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed to the final plat until the developer has posted the guaranties required pursuant to this section.
(1) The Planning Board may also extend the ninety-five-day or one-hundred-ninety-day period if a developer proves to the reasonable satisfaction of the Planning Board 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 entities and that the developer applied promptly for and diligently pursued the 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 Planning Board. The developer may apply for an extension either before or after the original expiration date. [Added 6-1-1992 by Ord. No. 15-92]
(2) The zoning rights applicable to the preliminary approval fast 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. Extensions of final approval may be granted pursuant to the provisions of NJ.S.A. 40:55D-52. [Added 6-1-1992 by Ord. No. 15-92]
K. Transfer or sale of land.
(1) If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to the Municipal Land Use Law, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.
(2) In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and 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 Subsection L below.
(3) In any such action, the transferee, purchaser or grantee shall be entitled to a lien 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 to 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 if unrecorded.
L. Certificate of approval.
(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three (3) years preceding the effective date of this chapter may apply, in writing, to the administrative officer of the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2) The administrative officer shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a 'certificate as to approval of subdivision of land" and shall certify.
(a) That there exists in the Township of Liberty a duly established Planning Board and that there is an ordinance controlling subdivision of land.
(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(3) The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:514 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
M. Acquisition of interest in land; addressing of application.
(1) Any person who shall acquire, for a valuable consideration, an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of Subsection KM of this section.
(2) If the administrative officer designated to issue any such certificate fails to issue the same within fifteen (15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to Subsection K(1) of this section.
(3) Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the game extent as though the same was addressed to the designated official.
A. Site plan approval shall be required prior to the issuance of any permit for development, with the exception of permits for one- and two-family homes. [Added 3-6-1995 by Ord. No. 3-95]
B. Submission of plans. [Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89; 3-6-1995 by Ord. No. 3-95]
(1) At least twenty-one (21) days prior to a regular meeting of the Board, the applicant shall file with the Secretary of the Planning Board a site plan which will consist of twelve (12) copies of the required data, together with three (3) copies of a completed application form and required fee. Applications shall be completed in accordance with § 90-6.1 of this chapter. Amendments to site plans shall be filed fourteen (14) days prior to a regular meeting of the Board.
(2) The Secretary of the Planning Board shall forward one (1) copy of the application to each of the following: the Township Clerk, the Township Engineer, the Township Planner, the Chairman of the Subdivision and Site Plan Review Committee and the Warren County Planning Board, and shall request that each file a written report of findings and recommendations forthwith for submission to the Planning Board at its next regular meeting.
(3) Submission of minor site plan. Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development, as provided in Chapter 72, Land Use Procedures and Fees, of this Code, and classified as a minor site plan, as defined in § 90-3 of this chapter, an application for minor site plan shall be filed with the Secretary of the Planning Board or Board of Adjustment ('Board") as appropriate.
(a) Required information. A minor site plan application shall contain all the data and information indicated below:
[1] Name, address and telephone number of the owner and applicant.
[2] Plans, depicting the proposed alterations to the site, including the following:
[a] Block and lot of property.
[b] Preparer of plans, date of preparation, scale and North arrow.
[c] Location of all existing and proposed structures, roads, parking, lighting and other relevant features within two hundred (200) feet of the proposed alterations.
[d] Area of disturbance.
[f] Zone and zoning requirements.
(b) Waiver of site plan. The Board may, upon a finding that the proposed change of use, alteration or other activity leading to the requirement for site plan approval is de minimis, waive any or all requirements for a site plan. Said waiver may be for a set period of time [e.g., six (6) months] or be a permanent waiver.
C. The applicant shall comply with the notice and hearing requirements of this chapter.
D. If the application is found to be incomplete, the developer shall be notified, in writing, within forty-five (45) days of submission of such application or it shall be deemed to be properly submitted. [Amended 8-7-1989 by Ord. No. 6-89]
E. Plan details. Each site plan submitted shall be prepared by a licensed architect or engineer and shall be at a scale sufficient to clearly delineate the plan details and the following data and information:
(1) The Tax Map block and lot number and Tax Map sheet and zone district in which the property is located. [Amended 8-7-1989 by Ord. No. 6-89]
(2) A North arrow and reference meredian. [Amended 8-7-1989 by Ord. No. 6-89]
(3) A scale of no less than one (1) inch equals fifty (50) feet. [Amended 8-7-1989 by Ord. No. 6-89]
(4) Existing and proposed street names, if any.
(5) Title of plan.
(6) A key map, in accordance with § 90-8F(1). [Amended 8-7-1989 by Ord. No. 6-89]
(7) The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land, as shown by the most recent municipal tax records, within two hundred (200) feet of any boundary of the site.
(8) The lot dimensions to the nearest hundredth of a foot, bearings to the nearest second. [Amended 8-7-1989 by Ord. No. 6-89]
(9) The location of all existing and proposed structures, outside dimensions and elevations.
(10) Topography, showing existing and proposed contours at two-foot intervals, based on United States Geological Survey datum. A reference bench mark shall be clearly designated. For all land with slopes in excess of fifteen percent (15%), contours shall be shown at five-foot intervals. [Amended 8-7-89 by Ord. No. 6-89]
(11) All existing physical features, including streams, watercourses, wooded areas where there exist trees greater than five (5) inches in caliper, measured at a height of four and one-half (41/2) feet above ground level, indicated in general location on the plan and area marked in the field, and significant soil conditions, such as swamp or rock.
(13) Parking, loading and unloading areas, including the number of places, dimensions, traffic patterns, access aisles and curb radius.
(14) Improvements, such as roads, curbs, bumpers and sidewalks, with cross-sections, design detail and dimensions.
(15) The location and design of existing and proposed water systems, sanitary waste disposal systems, water mains and appurtenances and the method of refuse disposal and storage. Two (2) soil logs and two (2) percolation tests shall be submitted in accordance with § 90-10E(23). [Amended 8-7- 89 by Ord. No. 6-89]
(16) A landscaping and buffering plan, showing what will remain or be removed and what will be planted, indicating types of plants, trees and dimensions. Where a commercial use abuts a residential zone or use, buffering shall screen the commercial use from such residential properties. [Amended 8-7-89 by Ord. No. 6-89]
(17) Lighting details, indicating type of standard, location, radius of light and intensity of footcandles.
(18) Locations, dimensions and details of signs.
(19) Renderings or drawings of front facade, as well as the building materials to be used.
(20) A soil erosion and sedimentation control plan, which shall contain all the data set forth in § 90-8 of this chapter.
(21) A surface water runoff control plan, which shall contain all the data set forth in this chapter under requirements for preliminary approval of a major subdivision.
(22) A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event, the developer shall adhere to those then effective standards. [Added 2-1-88]
(23) Where a public sewerage system is not available and individual sewage disposal facilities must be utilized, the developer shall perform two (2) percolation tests no closer than twenty (20) feet to each other and no further than forty (40) feet from each other with rates of no greater than sixty (60) minutes and two (2) soil logs no closer than twenty (20) feet to each other and no further than forty (40) feet from each other with no evidence of seasonal high-water table of less than twenty-four (24) inches, the same to be witnessed by the Warren County Health Department for each lot in question, including the remainder following the provisions of P.L. 1954, c. 199, and amendments, and shall submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with established requirements of P.L. 1954, c. 199, for design and construction of an individual sewage disposal system shall not be approved for building purposes. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. The developer shall submit a plan showing the proposed location of individual systems and shall also submit typical designs and layouts for individual sewage disposal systems. [Added 2-1-88]
(24) For site plans on lots in excess of ten (10) acres, an environmental impact statement (EIS) as defined in § 9014I shall be submitted. Where the Board finds it appropriate, an EIS may be required on sites fewer than ten (10) acres. [Added 8-7-89 by Ord. No. 6-89]
F. Upon submission of a complete application for a site plan for ten (10) acres of land or less, 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. 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 developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
G. If the Planning Board required 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.
H. Conferral of rights.
(1) Preliminary approval of a site plan act shall, except as provided in Subsection H(2) below, 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; off-tract improvements; and any requirements peculiar to site plan approval pursuant to the New Jersey Municipal Land Use Act; 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 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, as the case may be.
(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 (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.
(2) In the case of a site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in Subsection H(l)(a), (b) and (c) above for such period of time longer than three (3) years as shall be determined by the Planning Board to be reasonable, taking into consideration economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable.
