A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of seven residents of the Township of Colts Neck, appointed by the Mayor, to serve terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed. The Zoning Board of Adjustment shall, furthermore, consist of two alternate members, who shall be appointed by the Mayor and who shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2, respectively. The individual first appointed as Alternate No. 1 shall serve for a term of one year. The individual first appointed as Alternate No. 2 shall serve for a term of two years. Thereafter, both Alternate No. 1 and Alternate No. 2 shall each serve for terms of two years.

No member of the Zoning Board of Adjustment may hold any elective office or position under the Township.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69), from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there is the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and the zoning provisions of this chapter.

The Zoning Board of Adjustment shall have such powers as are granted by law to:

Whenever an applicant shall request a variance under Subsection B(2)(d) of this section, the Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restriction as the Planning Board, subdivision, site plan or conditional use approval in conjunction with its action on the variance and may impose restrictions on the subdivision, site plan or conditional use application in the same manner as the Planning Board. The developer may elect to submit a separate application requesting approval of the variance and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance shall be conditioned upon the granting of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zoning plan and the zoning provisions of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this subsection for the approval in question, and the special vote pursuant to Subsection B(2)(d) of this section shall not be required. Whenever a variance is granted pursuant to this subsection along with subdivision and/or site plan approval, the period of time to commence the development approved by the Zoning Board shall be the same as the period of time for other rights conferred upon the applicant by such subdivision or site plan approval.

Whenever an application for development requests relief pursuant to this subsection, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application and certification of the same as complete by the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive application, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in these development regulations.

Public notice for a variance public hearing under this subsection shall list all of the approvals requested, including, but not limited to, site plan, subdivision and/or conditional use.

Request for relief under Subsection B(2)(a), (b) (c), (e) and (f) of this section: three copies of each required document.

Requests for relief under Subsection B(2)(d) of this section: four copies of each required document.

Request for relief under Subsection F of this section: four copies of the application plus the number of copies of supporting documents and plats as required by this chapter for the types of applications and developments involved.

Professional office buildings may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following.

Purpose.

Yard, building and site plan requirements.

Purpose. The purpose of permitting flex space is to fulfill a need that serves local small businesses with a low-intensity use without detriment to surrounding properties.

Flex space may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following.

Purpose. The purpose of permitting indoor recreational and training facilities in the D Distillery and Bottling Plant District is to fulfill an active recreational need while complementing the existing outdoor recreational facilities located at adjoining Dorbrook Recreational Area. The intent is to promote an adaptive reuse of the existing structures and facilities to minimize environmental impacts to the Swimming River Reservoir, a Category 1 water body resulting from increased impervious surfaces. The goal is to provide a year-round recreational practice and training facility to support the recreational activities occurring at Dorbrook Recreation Area on a seasonal basis. Emphasis must be placed on minimizing traffic impacts to Laird Road and County Route 537. A small-scale practice and athletic training facility with limited competitive games is encouraged. A large-scale recreational facility with multiple games and children's parties occurring simultaneously or consecutively on the same day is not envisioned.

Indoor recreational and training facilities may be permitted as a conditional use in the D Distillery and Bottling Plant District, provided that the use and/or structures shall adhere to the following:

The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of five acres in the A-1 and A-3 Zones and 10 acres in the AG Zone.

The property must have a minimum lot frontage of 300 feet.

The property must have a minimum lot depth of 300 feet.

No building, structure, access aisle or parking area shall be closer than 75 feet to the side line of any adjacent property and subject to § 102-87, Note 1. These 75 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in § 102-90 where the lot lines abut residential uses or zone boundaries.

No building, structure, access aisle or parking area shall be closer than 75 feet to the rear line of any adjacent property and subject to § 102-87, Note 1. These 75 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in § 102-90 where the lot lines abut residential uses or zone boundaries.

No building or structure shall be closer than 100 feet to any front street property line in the A-1 and A-3 Zones, 200 feet in the AG Zone and subject to § 102-87, Note 1, nor less than 20 feet from any other structure.

No building or structure shall be higher than 55 feet above the ground level except as provided by § 102-61.

The property shall not exceed 10% maximum building coverage.

One off-street parking space for every 1,000 square feet of gross floor area; places of worship shall further provide one additional off-street parking space for:

No parking shall be permitted between the front building line and the street right-of-way.

The site shall have direct access to major collector, secondary arterial or primary arterial road designated in the Colts Neck Master Plan, as amended.

A narrative statement must be submitted by the applicant setting forth the reasons that the proposed installation must be provided in the particular location proposed. The statement must show that the installation in the location proposed is necessary for the efficiency and effectiveness of the public utility system and for the provision of service to the general public or the neighborhood impacted by the installation.

For above-grade installations, a statement must be submitted setting forth the reasons that the proposed installation must be provided aboveground.

The design of any building in connection with such facility must conform to the general character of the area.

Adequate and attractive fencing and other safety devices shall be provided.

A minimum fifty-foot buffer shall be required along all lot lines and any building, apparatus or installation on the site. Sufficient landscaping, including shrubs and trees to create a solid screen, shall be provided and shall be periodically maintained.

The public utility and lot shall meet all the applicable Schedule of Limitations (§ 102-87 or § 102-114) for the district in which it is located, including height, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot, and a paved parking area is required.

Public utility buildings shall provide one parking space for each company vehicle station at the building, plus one parking space for each employee, but in no case less than two parking spaces.

Building or mounted lighting fixtures may be utilized, provided shielding is provided to prevent the spillover of illumination onto adjacent properties. Motion-sensitive lighting is encouraged.

Appropriate safety devices shall be provided at the public utility facility to ensure public safety.

A conditional use permit shall not be required for underground public utilities.

The location of the electrical generating facility is to be wholly within the D-1 Light Industrial District with no structures to be located within 500 feet of any residential zone.

Fuel for said facility is to be limited to piped natural gas as the primary fuel and Number 2 fuel oil and kerosene as backup fuels.

On-site storage of fuel is to be limited to fuel oil tanks with a total capacity not exceeding 25,000 gallons and separated from public streets and adjoining properties in accordance with the criteria established pursuant to 24 CFR Part 51, Safe Separation Standards for Hazardous and Flammable Material.

A water supply source capable of meeting the worst case supply/demand situation is to be secured prior to preliminary approval.

Cooling towers are to be located so as to minimize icing conditions on or adjacent to public streets.

Electric generating facilities will be allowed to have a height of 75 feet to accommodate an exhaust stack, related inlet filter structures and lattice structures for transmission lines consistent with sound engineering and environmental design.

Exhaust stacks shall be designed to comply with U.S. Environmental Protection Agency Good Engineering Practice (GEP) regulations to ensure that ambient air quality standards are maintained.

Off-site electrical transmission lines situated within or adjoining public street rights-of-way are to be mounted on structures not exceeding 75 feet in height, except at crossings of intersections and where required by the Board of Public Utility Commissioners or other regulatory agencies where the maximum height shall not exceed 100 feet. Alternatives are to be routed and designed to minimize any adverse impact on public safety, property value or utilization, street widenings or realignments and aesthetic character.

Service stations (with or without convenience stores) shall be located on a lot meeting the following requirements:

Service stations (with or without convenience stores) shall adhere to the following:

There shall be no counters, tables or seating for the consumption of food or beverage items either within the building or outside of the building.

Minimum off-street parking. Service stations shall provide at least five spaces for the first and three spaces for each additional lift, wheel alignment pit, bay or similar work area in the service station and one space per employee on the largest work shift, which space shall be separated from the driveway and general apron areas and shall not obstruct access to any such facilities. Convenience stores shall provide one space per 200 square feet of gross floor area in the convenience store. Large size parking (10 feet by 40 feet) shall be provided for convenience stores in addition to the required number of off-street parking spaces. The number of large size vehicle spaces shall be approved by the Board through the site plan process but in no event shall be less than three large size vehicle parking spaces.

Service station (with or without convenience store) building design requirements.

A maximum of two colors shall be used for signs. Background colors that match the building color or neutral colors are encouraged. A high level of contrast between the sign message and the background works well for legibility.

The fuel islands and gasoline fueling canopy shall not be located between State Highway Route 34 or Monmouth County Route 537 and the service station building and/or convenience store.

Service stations (with or without convenience stores) shall provide public restroom facilities.

There shall be no outdoor display or storage of merchandise, product, stock or similar goods.

Service stations (with or without convenience stores) shall be equipped with emergency generators to ensure continued operation during periods of a state of emergency.

No service station (with or without a convenience store) shall have an entrance or exit for vehicles within 200 feet of an entrance or exit along the same side of a street or across the street from any firehouse, public or private school, park, playground, institutional use, hospital or public building, except where such property is in another block or abuts another street from the subject lot. No service station (with or without a convenience store) shall be within 2,500 feet of another service station (with or without a convenience store), measured from the shortest distance from property line to property line along the street right-of-way and, where measurements cross the street right-of-way, perpendicular to the street right-of-way. Driveways, aprons, parking areas and other portions of the site traveled by motor vehicles shall be located and paved in accordance with the off-street parking provisions of this chapter. Access to all service stations shall be in conformance with the Route 34, Colts Neck, Highway Access Management Plan.

All appliances, pits, storage areas, equipment and accessory items displayed, other than gasoline filling pumps, air pumps, vacuum machines or electric charging stations, shall be within a building. All repair work shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.

The operation of a service station (with or without a convenience store) shall adhere to the following:

No vending machines shall be permitted outdoors.

No inoperable or wrecked motor vehicle or part thereof or not more than four motor vehicles incapable of normal operation upon the highways or unregistered vehicles shall be permitted on the premises of any service stations not within a closed and roofed building; except, however, that an additional number, not exceeding six motor vehicles, may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, provided that said motor vehicles are awaiting repair by the owners thereof.

Veterinarian offices for large farm animals as an accessory use to an agricultural use.

Veterinarian offices for large farm animals shall be located on a lot meeting the following requirements:

Veterinarian offices for large farm animals shall provide at least six spaces or a minimum of one space for each 400 square feet of gross floor area, whichever requires the most parking.

Zoning Officer.

Township Engineer. It shall be the duty of the Township Engineer to monitor all development activities concerned with approved subdivisions and site plans; in case of any ordinance and/or plan violations, to promptly report to and require prompt corrective action by the developer; and to keep the Planning Board promptly and fully informed of such violations and corrective action so that further legal action may be taken if required.

The Planning Board shall have the right to revoke site plan or subdivision approval previously given when the applicant, property owner, successor property owners, their contractor(s) or other agent(s), servant(s) and/or employee(s) deviate in a material and/or substantial manner from the standards, conditions and/or requirements of site plan or subdivision approval in the construction, maintenance and/or development of the property, land or site or a portion of the same.

Notice of such deviation shall be given to the Chairman of the Planning Board by the Zoning Officer or Municipal Engineer who shall thereafter cause written notice of the change to be served upon the developer and/or property owner at the address shown by the tax assessment records of the Township. The notice shall state that the Planning Board shall hold a hearing in order to determine whether site plan or subdivision approval should be revoked because of the deviation from the standards, conditions and/or requirements of site plan or subdivision approval. The developer and/or property owner may appear personally and participate at such hearing and may be represented by an attorney at law. The hearing may be scheduled not earlier than seven days after receipt of the written notice by the Chairman and not later than 45 days after such receipt, provided that the property owner and/or developer shall have at least five days' notice of such hearing. Service by mail of the notice upon the developer and/or property owner shall be deemed to have been made upon deposit of a properly addressed notice in the United States Mail.

Subdivision fees.

Site plan fees.

Other.

Conditional uses: $350 per application.

Variances.

Escrow payments shall be for the purpose of reimbursing the Township for the costs of any professional fees incurred for reviews, inspection charges and actual out-of-pocket expenses associated with applications on behalf of the Township, including applications for development and variance applications involving the review of applications, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law and for such costs incurred for professional services of outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. Said reviews shall include but not be limited to analysis of all application documents, maps, plans, reports and exhibits, preparation of written reports, meeting attendance, oral testimony, inspections and/or other services rendered in connection with the application under the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Escrow payments shall be in addition to the nonrefundable application fees required above. All escrow payments shall be placed in an escrow account pursuant to the following schedule. The Township shall be responsible for all payments to its professionals for services rendered.

Each applicant shall make a deposit toward anticipated municipal expenses for professional services. The deposit shall be placed in an escrow account by the Township Treasurer pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-53.1). The amount of the deposit required shall be reasonable in relation to the scale and complexity of the development in accordance with the following schedule. All payments charged to the escrow account shall be pursuant to vouchers from the professionals identifying the personnel performing the service and, for each date the service was performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. If the salary, staff support and overhead for a professional are provided by Township staff, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professionals on the review of the application or on the inspection of the applicant's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the Township. The Township shall open the account, administer the account, close out the account, return-inspect funds and resolve any disputes in accordance with the procedures set forth in N.J.S.A. 40:55D-53.1.

No submission shall be deemed complete and no action to approve or conditionally approve an application shall be taken until such time as the applicant shall have posted with the Township, by cash, certified check or money order, the amount of all escrow sums required to be deposited pursuant to this section, calculated as shown below.

If, during the processing of the application, the funds remaining in the escrow account are depleted below a sum equal to 25% of the original deposit or $500, whichever is greater, the applicant shall deposit additional funds to bring the escrow account equal to the larger of either $500 or 40% of the original deposit before the application shall continue to be processed by the approving authority and prior to action on the application. By mutual agreement, the applicant and the approving authority may agree to another payment schedule where the size and scope of the application may warrant it. The approving authority may dismiss an application in the event that an applicant does not replenish the escrow account or does not post sufficient escrow fees to continue the processing of an application.

Schedule of payments (any unspent funds from previous stages of a development shall be credited against the fee for subsequent applications). The escrow to be posted for preliminary plats per the type and scale of the development application shall be as follows (interpretations and concept, sketch and final plat applications shall pay 1/2 of these amounts):

The administrative officer shall review the submission to determine whether the escrow amount complies with the above schedule. In the event that the administrative officer and the applicant agree that the complexity of the plan or the need for additional expertise may be required and that a greater escrow deposit would be more appropriate for the application, a larger dollar amount may be deposited. In the event that subsequent replenishment of the escrow fund is needed, the percentage deposits set forth above shall be the minimum payment required.

If moneys expended for professional services on an application exceed the posted escrow amount, the applicant shall pay such moneys within 14 calendar days from the mailing of notification of such deficit. Payment of such money shall be a mandatory condition of approval of all action taken by the Township. No construction permit or certificate of occupancy shall be issued until all such fees are paid. Any required escrow payment that has not been paid within 30 days of notification shall be turned over to the Township Attorney for collection and may include the placement of a lien on the property.

Refunds for completed, dismissed or withdrawn applications. Upon completion, dismissal or withdrawal of an application, the applicant will be responsible for any and all professional fees accrued to date. The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bills for services from the relevant municipal professionals.

The owner and developer shall execute a written agreement with the Township in a form approved by the Township Attorney to ensure the payment of all fees, charges and expenses pursuant to this subsection. This agreement must be executed by the applicant and included as an attachment to the development application at the time of filing. The application for development shall not be deemed complete until this requirement is satisfied. In addition to all other enforcement remedies which are otherwise provided by law, the escrow agreement shall provide that the Township may record the escrow agreement as a lien upon the premises in the event of default on the part of the applicant.

Residential development fees. Residential development that is not subject to the growth share provisions of § 102-46.6 shall be subject to an affordable housing development fee as follows:

Residential development fees. Eligible exactions, ineligible exactions and exemptions for residential development:

Nonresidential development fees within all zoning districts. Nonresidential developers, except for developers of the types of development specifically exempted, shall be subject to an affordable housing development fee of 2 1/2% of the equalized assessed value (EAV) of the land and improvements, for all new nonresidential construction as follows:

Eligible exaction, ineligible exaction and exemptions for nonresidential development. The following shall be exempt from payment of development fees pursuant to this subsection:

Determination and collection of fees.

Housing trust funds. There are hereby created four separate interest-bearing housing trust funds in a named bank or depository to be named by resolution by the Township Committee for the purpose of receiving development fees from residential and nonresidential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this article shall be deposited in one of these funds. No money shall be expended from the housing trust funds unless the expenditure conforms to a spending plan approved by COAH or the Court as applicable. The four housing trust fund accounts in which collected fees are to be deposited include the following:

Use of funds.

Monitoring. Colts Neck shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Colts Neck's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or approved by the court. All monitoring reports shall be completed on forms designed by COAH.

Ongoing collection of fees. The ability for Colts Neck to impose, collect and expend development fees shall expire with its judgment of compliance unless Colts Neck has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If Colts Neck fails to renew its ability to impose and collect development fees prior to the expiration of judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its housing trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L.1985, c.222 (N.J.S.A. 52:27D-320). Colts Neck shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Colts Neck retroactively impose a development fee on such a development. Colts Neck shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

The performance guarantee and safety and stabilization guarantee shall consist of the performance guarantee estimate and either an irrevocable standby letter of credit, a certified check, a cashier's check, cash, a surety bond, a bid bond or any combination thereof, covering 90% of the total performance guarantee in a form acceptable to the governing body and in conformance with applicable provision of P.L. 1975, c. 291, (N.J.S.A. 40: 55D-1 et seq.) and 10% cash in the form of either a certified check or bank check. At the option of the developer, additional cash in the form of a certified or bank check up to the amount of the total performance guarantee may be provided. The Township Treasurer shall cause the certified check(s) to be deposited in a bank approved by the governing body in the name of Colts Neck Township. The letter of credit or certified check are to be retained as security for completion of all requirements and are to be used by Colts Neck Township to pay the cost and expense of obtaining completion of all requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Township or within the stipulated time, the obligor and/or co-obligor, as provided by law, for the performance guarantee, shall be liable thereon to the Township for the reasonable costs of the bonded improvements or of the uncompleted portion thereof, including engineering, legal and administration costs, and upon authorization by the governing body, the Township Attorney or Township Clerk shall take the necessary steps to obtain such funds to cover the costs from the obligor and/or co-obligor.

Notwithstanding the foregoing, the governing body may accept a letter of credit as a performance guarantee for up to 90% of the cost estimate provided for in Subsection C(3) of this section, where the governing body has found that said letter of credit meets the standards set forth in N.J.S.A. 40:55D-53.5 and set forth with particularity is § 102-16O, infra.

Performance guarantee and safety and stabilization guarantee.

In the event of default, the 10% cash fund herein mentioned shall be first applied to the completion of the requirements, and the cash, certified check or irrevocable standby letter of credit shall thereafter be restored to, if necessary, for the completion of the requirements. The cash performance guarantee or letter of credit may recite the foregoing provisions. The Township Engineer's certification that the principal/obligor has satisfactorily installed or has defaulted in meeting the required standards of construction and/or in providing all the required bonded improvements shall be the basis for governing body action which accepts or rejects the bonded improvements, withholds approval, institutes appropriate action to obtain cost and expenses from the obligor and/or co-obligor in cases of default or extends the time allowed for installation of the bonded improvements. The performance guarantee shall stay in full force and effect until released by resolution of the governing body. The initial term of this guarantee shall be for one year. At the end of the initial or any subsequent guarantee term, upon request of the governing body, in writing, by certified mail, with copies to the Planning Board and Township Engineer, the applicant may request an extension of the guarantee interval.

After a review by the Township Engineer of the cost of uncompleted bonded improvements and the potential cost to repair defective installed improvements, the governing body may increase or decrease the amount of the original performance guarantee, may require a new or modified performance guarantee to be provided by the applicant, may extend the guarantee interval or may deny the request for an extension if the subdivision or site plan approval resolution did not specifically grant a longer interval for completion of all bonded improvements. Notwithstanding the terms of any performance guarantee then in force, all bonded improvements in a total or portion of a major subdivision or site development as covered by the performance guarantee in question shall be completed by the applicant in a manner acceptable to the governing body within two years of issuance of the first certificate of occupancy in a major subdivision and within one year for a major site development, unless extended by the governing body for good cause.

Notwithstanding the foregoing, the governing body may accept a certificate of deposit as a performance guarantee and safety and stabilization guarantee for up to 90% of the amount of performance guarantee provided for in Subsection C(3) of this section, subject to the following terms and conditions:

Prior to beginning any site improvements, changes, grading, construction or any other site work covered by this chapter, the developer shall arrange for a preconstruction conference between the developer, contractors and Township Engineer. All improvements shall be inspected during installation by the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer 14 days in advance of the start of initial construction and five days in advance of all subsequent phases of construction if a time period of five days has lapsed since the date of the last inspection. The cost of said inspection shall be the responsibility of the developer.

Inspection fees.

Improvement costs, as estimated in this section, shall be defined to include but not be limited to material, construction and installation, costs of grading, pavement, monuments, drainage structures, storm sewers, sanitary sewers and other means of sewerage disposal, water mains, fire protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract and off-tract improvements.

The Engineer and other agents of the Township shall bill the Township for their services in connection with the developer's project. In the event that the bills submitted to the Township as the work progresses exceed 75% of the amount initially deposited by the developer, then the Engineer shall submit a new estimate of the total construction inspection fee. If the new estimated total construction inspection fee is in excess of the initial amount provided by the developer, then the Planning Board shall forward a copy of the new estimate to the developer via certified mail, return receipt requested, and the developer shall then deposit additional moneys with the Township sufficient to cover the new estimated total.

At reasonable intervals, if requested by the developer, the Planning Board shall request the Engineer to submit reports which shall detail his or her services and charges provided to the Township regarding the developer's project, and the same shall be made available to the developer. When the engineering and other services regarding the developer's project are concluded, if the bills of the Township Engineer and other agents, servants and employees are in a sum less than the moneys deposited by the developer, the Township shall cause a refund to be made to the developer at such time as the developer has satisfied his or her obligations to the Township of Colts Neck pursuant to the provisions of this chapter. If the Engineer's bills are in a sum greater than the moneys deposited by the developer, then on notification the developer shall forthwith deposit additional moneys with the Township of Colts Neck which shall be in an amount sufficient to reimburse the Township of Colts Neck for all of its engineering and associated cost in connection with the developer's project.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the approving authority and the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which improvements remain uncompleted in the judgement of the developer. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by the developer's request and shall file a detailed list and report, in writing, with the Township Committee and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.

The list prepared by the Municipal Engineer shall state, in detail with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section. Payment of all outstanding construction inspection fees is a condition precedent to release of and/or reduction of performance guarantees. Attached to the approving authority's and Township Engineer's copies of final inspection request by the developer shall be provided two copies of a Final As-Built Survey of the improvements grading and utility plans and profiles installed, unless the Township Engineer determines that the approved plats are adequate.

The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guarantee and safety stabilizing guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the developer shall be release from all liability pursuant to its performance guarantee and safety stabilizing guarantee with respect to those approved bonded improvements, except that an amount equal to 15% of the cost of completed improvements to assure upkeep of these improvements until all improvements are completed and covered by a maintenance guarantee shall be withheld and except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee and safety stabilizing guarantee posted may be retained to ensure completion and acceptability of all improvements except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.

If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection K(1) of this section within 45 days from the receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the bonded improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of a reduction in the performance guarantee for the approval of complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection K(1) of this section; and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party.

In the event that the developer has made a cash deposit with the municipality or the approving authority as part of the performance guarantee then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee provided that if the safety and stabilization guarantee is included as a line item of the performance guarantee the municipality may retain cash equal to the amount of the remaining safety and stabilization guarantee.

The Township Engineer shall have certified, in writing, that the improvements in question are complete and that they comply fully with the requirements of this chapter and the approved plans and any conditions placed on approval and of other applicable local ordinances.

The developer has provided a maintenance guarantee in the amount not to exceed 15% of the cost of the installation of the improvements which are being released. The maintenance guarantee, upon the inspection and issuance of final approval by the Township Engineer shall also include an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined in accordance with Subsection C above. The maintenance guarantee shall be in a form and content acceptable to the governing body and shall stay in full force and effect until released by resolution of the governing body or for a term not to exceed two years whichever occurs first and shall automatically expire at the end of the two years term. 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 guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements. A municipality shall not require that a maintenance guarantee required pursuant to this section be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his or her option some or all of a performance guarantee in cash.

To obtain release of the maintenance bond, the developer shall, after all maintenance required has been completed, apply to the governing body, in writing, by certified mail, with copies to the approving authority and Township Engineer, for final inspection of the work; such request shall be accompanied by a current certification by the administrative officer stating that all construction inspection fee bills rendered to the developer have been paid. The Township Engineer shall, within 30 days of receipt of request for inspection, report, in writing, to the approving authority, indicating either approval, partial approval or rejection of the improvements from a maintenance viewpoint, with a statement of reasons for any rejection.

Upon recommendation of the approving authority, the governing body shall either approve or reject improvements and release of the maintenance bond or reduce the amount of the maintenance bond, following the same procedures as for a performance guaranty. Any unused construction inspection fees shall be returned to the applicant within 90 days of release of the maintenance guaranty.

If the required maintenance work has not been completed in accordance with the standards of the Township or within the stipulated time, the obligor and/or surety, as provided by law, for the bond shall be liable thereon to the Township for the reasonable cost of required maintenance work, including engineering, legal and administrative costs, and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and/or surety either prior to or after completion of the required maintenance work by the Township or its agents.

Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53);

Is issued by a banking or savings institution authorized to do and doing business in this state;

Is for a period of time of at least one year; and

Permits the municipality to draw upon the letter of credit if the developer fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

There is hereby established in the Township of Colts Neck, pursuant to the Municipal Land Use Law, as amended,[1] a Planning Board of nine members, consisting of the following four classes:

The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a Planning Board member as required by N.J.S.A. 40:56A-1, as amended, shall be a Class IV Planning Board member, unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class II member of the Planning Board.

Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members of nine-member Planning Boards. Alternate members shall be designated at the time of appointment by the Mayor as Alternate No. 1 and Alternate No. 2. No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

The term of the member composing Class I shall correspond with his or her official tenure. The terms of the members composing Classes II and III shall be for one year or shall terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or shall terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who is also a member of the Zoning Board of Adjustment or a Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided, however that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

The Planning Board, when reviewing development applications, may grant exceptions as noted in § 102-13, Exceptions, in Article IV, and shall have the power to grant variances to the same extent and subject to the same restrictions as the Zoning Board of Adjustment for the following.

The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 102-11, Conditional uses, in Article IV. The Board has the authority to review all aspects of a development plan simultaneously with a review for a subdivision and/or a site plan without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the public hearing shall include reference to the request for a subdivision or site plan.

Hearing notices and actions taken by the Planning Board when reviewing the site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variances shall be in accordance with § 102-24, Public hearings and notices, in Article IV.

In the event that the Planning Board disapproves a development plan, no construction permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedures as the original application.

The Planning Board shall have the authority to permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and zoning regulations.

Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or construction permit in conflict with the Official Map or for a lot not related to a street, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer and certification of the same as complete by the administrative officer or within such further time as may be consented to by the applicant.

The Planning Board Chairman may, from time to time and as may be appropriate, create committees of the Board in addition to the Technical Review Committee for such duration and purpose as may be appropriate in order to undertake research, submit findings and make recommendations to the Board and to perform such other advisory roles as may be needed. The Chairman shall appoint one or more members to serve on each committee.

Meetings of both the Planning Board and the Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process or other good cause.

Special meetings may be provided for at the call of the Chairperson or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present. All actions shall be taken by majority vote of the members of the approving authority present at the meeting, except as otherwise required by any provision of Chapter 291 of the Laws of New Jersey 1975, as amended.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, P.L. 1975, c. 231, as amended.[1]

Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., as amended, or of this chapter.

Oaths. The officer presiding at the hearing or such person as he or she may designate shall have the power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq., as amended), shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request by any interested party at his or her expense.

Certified Court reporter. If an applicant desires a certified Court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall also arrange for the reporter's attendance.

Voting. When any hearing before either the Zoning Board of Adjustment or Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meeting from which he/she was absent and certifies, in writing, to the Board that he/she has read such transcript or listened to such recording.

Each decision on any application for development shall be reduced to writing as provided in this section and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. The approving authority may provide such written decision and findings and conclusions either on the date of the meeting at which the approving authority takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the approving authority thereon.

An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above. The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the approving authority who voted for the action previously taken, and no other member shall vote thereon.

The vote on such resolution shall be deemed to be a memorialization of an action of the approving authority and not to be an action of the approving authority, except that failure to adopt such a resolution within the 45 days' period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by these regulations.

Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

Service of notice to adjacent property owners.

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 N.J.S.A. 40:55D-56, as amended.

A completed Colts Neck Township zoning application form and application fee pursuant to § 102-15.

A statement of the use or intended use or uses of the building, structure or land.

Two sets of elevations and floor plans drawn to scale of the building or structures to be erected, including signs to be placed thereon and their content and manner of construction.

Two copies of a plot plan drawn to scale showing the proposed land improvement as well as all existing site improvements, including buildings, signs, driveways, parking areas, pool, sheds, patios, etc., with their setbacks and yard distances in exact location to street and lot lines.

The proportion of existing and proposed lot coverage.

Applications involving a major development pursuant to § 102-46.4, Stormwater management, shall submit a grading and drainage plan for the Township Engineer's review and approval.

The developer shall file an application for submission with the administrative officer, at least 10 working days prior to the regular meeting of the approving authority, the fee, together with a minimum of 10 copies of said sketch plat, minor subdivision plat or minor site plan prepared in accordance with the provisions of this chapter, 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet; three copies of a land survey prepared by a licensed surveyor conducted no more than five years prior to the date of the application, three copies of a freshwater wetland delineation report, one copy of the sketch plat, minor subdivision plat or minor site plan reduced to an eleven-inch-by-seventeen-inch paper and together with three completed applications forms, W-9 taxpayer's identification number certification, developer's escrow agreement, erosion control agreement, disclosure statement, hold harmless form, Tax Collector's certification, a Checklist No. 1 or Checklist No. 2,[1] attached hereto for classification of a sketch plat or classification and approval of a minor subdivision plat or classification and approval of a minor site plan, as well as separate electronic PDF files for each item listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting and contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents.

If a minor subdivision plat or minor site plan is involved that is to be filed, one translucent tracing cloth master copy of the plat must be provided. In addition, separate deeds covering easements, dedications or restrictions contained in the approval may be required. Where the developer does not plan to file the approved plat, five copies of the lot deed(s), deed(s) for lands dedicated to the Township for road widening purposes and for any other required dedications and/or restrictions and/or easements covered by the approval shall be provided and filed by the applicant. The administrative officer shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats, etc., submitted for processing in conjunction with the subdivision of the lot.

Within five days of certification of a complete application, the administrative officer shall forward one copy of the plat to the following:

The applicant shall submit required plats and documents directly to the County Planning Board and any other county or state agencies as required by law.

The approving authority shall review the submission and take action on rejecting, classifying and/or approving it. If the application is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the approving authority or its authorized committee or designee(s) within 45 days of the submission, or it shall be deemed to be properly submitted as a complete application as of the 45 days' date. Within 45 days of the date an application is certified as complete or within such further time as may be consented to by the applicant, the approving authority shall classify the application as a minor subdivision or minor site plan or as a major subdivision or major site plan and, if submitted and classified as a combined sketch plat and minor subdivision plat or minor site plan, the approving authority shall waive any required notice and public hearing and shall approve, approve with conditions or deny the minor subdivision or minor site plan application. The decision shall be in writing and shall be sent to the applicant and his or her attorney, and a short statement concerning the decision shall be published as required by this chapter. The approving authority shall not grant approval of a minor subdivision or site plan until five copies of required deeds dedicating lands for street rights-of-way and for any other required dedications and/or easements covered by the approval are provided to the approving authority if approved plats are not to be filed. Such deeds are to be approved as to form and content by the Township Engineer and Township Attorney and proof of filing provided by the applicant.

Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action to approve the plat, shall either grant conditional approval in accordance with § 102-10, Conditional approval, in Article IV or shall grant approval if the time period in which the county must take action has expired.

Before any plat is approved as a minor subdivision or minor site plan, the developer shall provide the approving authority with sufficient copies of the plat to be approved to forward and a copy of the approved plat on a CD in a .dxf CADD format or an approved equivalent. The approving agency shall, after approval, forward one copy to each of the following, retaining one copy for its file:

Approval; expiration.

When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivision or development, will not create, impose, aggravate or lead to any such adverse effect(s).

If classified as a major development or site plan or approved as a minor subdivision or minor site plan, a notation to that effect, including the date of the approving authority's action, shall be made on copies of the plat and shall be signed by the Chairman and Secretary of the approving authority (or, in their absence, the Vice Chairman or Acting Secretary, respectively), except that the minor plats shall not be signed until all conditions are met and/or incorporated on the plat. All conditions on minor developments shall be complied with within 190 days of the meeting at which conditional approval was granted; otherwise, the conditional approval shall lapse unless the time limit is extended by the approving authority. If the plat is classified as a major development, sketch plat modifications are not required.

Conditions of approval. All approvals of a minor subdivision or site plan shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board or Board of Adjustment prior to the signing of the plat, start of construction and/or issuance of a building permit:

The developer shall file an application for submission with the administrative officer, at least 45 days prior to the regular meeting of the approving authority, 10 copies of the preliminary plat of the proposed development, prepared in accordance with the provisions of this chapter, 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet, three copies of a land survey prepared by a licensed surveyor conducted not more than five years prior to the application, three copies of the freshwater wetland delineation report, three copies of the site investigation and soil sampling report pursuant to § 102-71.1A, three copies of the preliminary assessment pursuant to § 102-71.1B, one copy of the preliminary subdivision plat or preliminary site plan reduced to an eleven-inch-by-seventeen-inch paper, three completed copies of the application forms and applicable checklist and three copies of any protective and/or restrictive covenants or deed restrictions applying to the land being developed. The application shall also be accompanied by three copies of the drainage calculations as prescribed in Part 3 and all other required documents, and the required fee(s) and escrow deposits, as well as separate electronic PDF files for all documents listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting and contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents.

The application shall be accompanied by three copies of the following: a completed application form, a completed and notarized indemnification and hold harmless form or a certificate of insurance rendering the Township and its officers and engineer harmless from any loss due to damage resulting from the grading, drainage or development of the property and any off-site improvements and from any liability during construction; a properly executed and dated Colts Neck Township erosion control agreement; a Tax Collector's certification, a W-9 taxpayer's identification number and certification; a developer's escrow agreement, a traffic engineer's study, if and as required by the approving authority, analyzing peak hour impacts related to total traffic, turning movements related to the site, the impact on nearby intersections, changes in the level of service on the abutting or nearby roads and intersections, the adequacy of off-street parking and other data as may be appropriate to the application, with conclusions for improvements, such as but not limited to, right-of-way or pavement widening, land channelization, traffic signal needs, traffic signage and sight distance improvements; a complete environmental impact report (EIR) in accordance with provisions of Part 3 of this chapter, together with any request of specific waivers; as well as separate electronic files for all documents listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting and contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. Any request(s) for waivers or an exemption of the entire EIR shall be accompanied by a written assessment supporting such request(s).

An application by a corporation or partnership shall be accompanied by ownership information per Subsection C, N.J.S.A. 40:55D-48.1 and 40:55D-48.2, as amended.

The approving authority shall review the submission for its completeness. If found to be incomplete, the applicant shall be notified, in writing, of the deficiencies therein by the approving authority or its authorized committee or designee(s) within 45 days of submission of an application, or it shall be deemed to be properly submitted as a complete application as of the 45 day's date.

Application requirements.

Upon certification of a complete application for a major preliminary subdivision and after holding a public hearing, the approving authority shall grant or deny preliminary subdivision approval within the following time periods or within such further time as may be consented to by the applicant. In the event that the escrow account has not been replenished as required in § 102-15B(4) and there are insufficient funds to proceed with the application in a timely manner and the Township has been denied professional expertise or other data deemed necessary by the approving authority as a result of insufficient funds, the approving authority may either deny or dismiss the application unless the applicant replenishes the escrow account as required and grants an extension of time within which to act in the event that an extension is needed to provide the time in which to obtain reports and other data using the recent escrow deposit.

Action on application.

If the approving authority requires or the applicant proposes any substantial amendment in the layout or improvements in either a site plan or subdivision as originally proposed by the developer, an amended application and additional fee for development shall be submitted and proceeded upon, as in the case of the original application for development.

The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been conducted and due consideration has been given to all reports received from other officials and bodies to which the application was referred. The decision shall be in writing and shall be sent to the applicant and his or her attorney, and notification shall be sent to the newspaper as required by § 102-24, Public hearings and notices, in Article IV. If the approving authority grants preliminary approval, its chairman and secretary (or vice chairman or acting secretary, in their absence, respectively) and Township Engineer shall sign the first page of the plat, indicating his or her approval. If the plat is conditionally approved, it shall not be signed until all temporary conditions of approval are complied with. If all temporary conditions of approval are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse, unless this time limit is extended by the approving authority.

Before approval of the plat, the developer shall provide the approving authority with sufficient copies of the plat to be approved, and the approving authority shall, after approval, forward one copy to each of the following and retain one copy for its files:

Preliminary approval shall, except as provided in Subsection B(8)(d) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void after the three-year interval, unless an extension is granted.

When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect(s).

The developer shall file an application for submission with the administrative officer, at least 10 working days prior to the regular meeting of the approving authority, and the fee, together with two translucent Mylar master copies of a final major subdivision plat and 10 paper copies; 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet; three copies of a land survey prepared by a licensed surveyor, conducted not more than five years prior to the date of the application; three copies of the Freshwater Wetland Delineation Report; one copy of the final subdivision plat or final site plan reduced to an eleven-inch-by-seventeen-inch paper and three completed application forms and Checklist No. 4,[1] attached hereto, for final major subdivision or major site plan plats for which approval is requested, together with a certificate from the Township Tax Collector stating that all real estate taxes levied against the property being developed have been paid to date; a W-9 taxpayer identification number and certification form; a developer's escrow agreement; an erosion control agreement; a disclosure statement pursuant to N.J.S.A. 40:55D-48.1; a hold harmless/indemnification form; separate electronic PDF files for each item listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents; and such other certificates of approval required by this chapter or by law. A Mylar master copy is not required for major site plan approval. All plats are to be prepared in accordance with provisions of this chapter. The developer shall pay the required fee. The developer shall also file 10 copies of the plats granted preliminary approval, reissued to show "For Final Approval" in the title and to show any changes since preliminary approval including updating of the index sheet, in detail. For both major final subdivision and site plans, separate deeds of easement or other deeds contained in the conditional approval may be required prior to full approval. All resubmissions, once an application is deemed complete for review, shall be filed at least 14 days prior to the regular meeting and shall contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents.

The approving authority shall review the submission for its completeness. If found to be incomplete, the applicant shall be notified, in writing, of the deficiencies therein by the approving authority or its authorized committee or designee(s) within 45 days of submission of an application, or it shall be deemed to be properly submitted as a complete application as of the 45 days' date.

The approving authority or its authorized committee or designee(s) shall, within five days of certification of a complete application of said final major subdivision or major site plan, forward a copy thereof to each of the following:

The approving authority shall grant final approval if the administrative officer finds that sufficient funds are on deposit to pay all outstanding construction inspection fees and if the detailed drawings and specifications of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., as amended, provided that in the case of any development, the approving authority 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 or other changes approved by the Township Engineer, without the developer being required to submit an amended application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after certification of a complete application by the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the chairman and secretary of the approving authority (or the vice chairman or acting secretary in their absence, respectively). Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the 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 evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, as amended, the Township approving authority may condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, as amended,[3] whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted. If the developer has followed the standards prescribed for final approval and requests a time extension, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval. See also Subsection B(8) and (9) of this section.

In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more or a site plan for development of a nonresidential floor area of 200,000 square feet or more, the approving authority may grant the rights referred to in the above subsection for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The developer may apply for, thereafter, and the approving authority may thereafter grant an extension of final approval for grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and the nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development.

Final approval of a major subdivision shall expire 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 approving authority may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat as provided by applicable law. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority, as indicated on the plat by the signatures of the Chairman and Secretary of the Planning Board, or a certificate has been issued as to the failure of the approving authority to act within the required time. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the approving authority, in writing, within seven days of the filing of any plat, identifying such plat by its title, date of filing and official number. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the 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.

Before approval of the plats, the developer shall provide the approving authority with sufficient copies of the plat to be approved and a copy of the approved plat on a CD in a .dxf CADD format or an approved equivalent. The approving authority shall, after approval, forward one copy to each of the following and retain one copy for its files:

Whenever the Planning Board grants an extension of final approval pursuant to Subsection B(4) or (5) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves, to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approval from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.

Submission of additional prints of the plat and attachments for distribution, as required.

In the event that any documents require execution in connection with the approval, such documents will not be released until all of the conditions of approval have been satisfied, unless otherwise expressly noted.

No taxes or assessments for local improvements shall be due or delinquent on the subject property.

The applicant shall pay to the municipality any and all sums outstanding for fees incurred by the municipality for services rendered by the municipality's professionals for review of the application for development, review and preparation of documents, inspection of improvements, and other purposes authorized by the Municipal Land Use Law.[4] The applicant shall provide such further escrow deposits with the municipality as are necessary to fund anticipated continuing municipal expenses for such professional services, if any, in connection with the application for development as may be authorized by the Municipal Land Use Law.

The applicant shall furnish such performance guaranties, inspection fees and/or maintenance guaranties as may be required pursuant to Article IV of this chapter and which have been accepted by the Township Committee for the purpose of assuring the installation and maintenance of on-tract/off-tract improvements.

No site work shall be commenced, or plans signed or released or any work performed, with respect to this approval until such time as all conditions of the approval have been satisfied or otherwise waived by the Board.

Any and all notes, drawings or other information contained on any approved plans shall be conditions of this approval.

Nothing herein shall excuse compliance by the applicant with any and all other requirements of this municipality or any other governmental entity.

In the event that any de minimis exception has been granted from the Residential Site Improvement Standards (RSIS) in connection with the application, the applicant shall send a copy of the resolution to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey 08625-0802, within 30 days of the date thereof. Said copy of the resolution shall be clearly marked on its face with the words "SITE IMPROVEMENT EXCEPTIONS."

In the event that the applicant and the approving authority have agreed that exceeding a standard of the Residential Site Improvement Standards is desirable under the specific circumstances of the proposed development, such agreement to exceed Residential Site Improvement Standards (RSIS) shall be placed, in writing, by the developer and transmitted forthwith to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey 08625-0802.

All special conditions shall be included as notes on the plans.

The applicant shall comply with the requirements of the municipal ordinances with respect to its affordable housing obligation by either providing the required affordable housing on site, providing affordable housing off site or making a contribution of an affordable housing fee pursuant to the applicable statutes and municipal ordinances.

The resolution does not constitute a permit for the construction of the approved improvements. The applicant shall be responsible for obtaining any and all other permits and approvals required prior to the commencement of any development activities, including, but not limited to, NJDOT, NJDEP, Monmouth County Planning Board, Freehold Soil Conservation District (Regional) in addition to any and all building and construction permits required by the municipality. All work performed shall be in accordance with, and shall not deviate from, the approved plans and all applicable federal, state, county and local laws, rules and regulations.

No development application shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information and complies with the provisions of N.J.S.A. 46:23-1 et seq., as amended.[1] All plats shall be drawn by a land surveyor, as required by law, licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions of Article V[2] are exempt from this requirement. All drawings of improvements shall be drawn to comply with the Route 34, Colts Neck, Highway Access Management Plan for developments located in the area included in that Plan, and shall be signed and sealed by a licensed professional engineer of the State of New Jersey if they are a part of an application requiring formal approval. All landscaping plans shall be prepared by a professional licensed landscape architect and/or engineer. Each such person shall affix his or her name, title, address and signature and seal to such plans. All landscaping shall fully comply with and be installed and planted in accordance with the Colts Neck Township Environmental Commission Planting Specifications, as well as in conformance with any conditions stated in the resolution approving a development.

All plats shall be submitted on one of the four following standard sheets sizes: 8 1/2 inches by 13 inches, 24 inches by 36 inches, 15 inches by 21 inches or 30 inches by 42 inches.

A minor subdivision plat shall be clearly and legibly drawn at a scale of one inch equals 30 feet or less for a tract up to five acres in size, one inch equals 50 feet or less for a tract between five acres and 40 acres in size, one inch equals 100 feet or less for a tract between 40 acres and 150 acres in size or one inch equals 200 feet or less for a tract of 150 acres or more and shall be titled as a plat for classification and minor subdivision approval. The plat shall be designed in compliance with the provisions of Parts 3 and 4 of this chapter and, in addition, shall show the following information:

The test locations, the date of testing and the weather conditions prevailing at the time of testing, as well as for the preceding 72 hours, and test results shall be recorded on the plat and signed and sealed by a licensed professional engineer of the State of New Jersey and shall state thereon "I hereby certify that the above tests were conducted and reported in accordance with N.J.A.C. 7:9, Chapter 9A of Standards For Individual Subsurface Sewage Disposal Systems, as amended January 1, 1990." Upon review of this data, the approving authority may require further tests on any or all lots.

To minimize the need for retesting, it is recommended that the applicant review the proposed testing program with the Health Officer prior to making initial tests. Upon request by the approving authority, the developer may be required to install, maintain and afford the Township access to groundwater depth monitoring wells for a reasonable length of time after initial tests; all tests and monitoring wells shall be at the developer's expense and liability.

The location of that portion which is to be subdivided in relation to the entire tract; general existing contour lines; all existing structures, freshwater wetlands, floodplains, riparian buffers and wooded areas within the portion to be subdivided and within 200 feet thereof; a tentative lot and street layout, together with minimum required and proposed lot area, lot dimensions and lot setbacks and maximum allowed and proposed building and lot coverage calculations; all existing and proposed streets or roads and driveways and their conformance with the Route 34, Colts Neck, Highway Access Management Plan for developments located in the area included in that Plan; streams, ponds and watercourses; all existing and proposed easements on site and within 500 feet of the subdivision; and all building setback lines in each proposed lot.

A key map showing the entire subdivision and its relation to surrounding areas, at a scale of not less than one inch equals 400 feet.

Sketch plat certification.

A key map showing the entire subdivision and its relation to surrounding areas, at a scale of not less than one inch equals 400 feet, and a North arrow and basis therefor.

A cover sheet identifying the tract name and Tax Map sheet, block and lot number; application number; the date; the meridian; written and graphic scales; the names, addresses and signatures of the owner and subdivider; the names of all property owners within 200 feet of the extreme limits of the subdivision; as well as a listing of all sheets in the set with the issue date, description and date of all revisions.

The acreage of the tract to be subdivided to the nearest tenth of an acre and the number, location and square footage, setbacks, maximum lot coverage, maximum building coverage and maximum building height of all new lots created, specifying the number and location of lots, as well as the number and location of units proposed for lower-income housing, if any.

A map showing existing and proposed contour lines over the entire area of the proposed subdivision and within 50 feet of the tract at consistent two-foot contour intervals, together with watercourses and an indication of the final disposal of the surface waters with arrows indicating the direction of surface water runoff. All elevations shall be related to United States Coast and Geodetic Survey datum. All areas having a steep slope as defined herein shall be shaded or otherwise clearly identified on the contour map. The map shall indicate spot elevations and the source and date of the data and shall be signed and sealed by a licensed land surveyor or engineer in the State of New Jersey.

The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas, and any extensive rock formations and street signs in accordance with § 102-78, Street signs, in Part 3.

All existing and proposed watercourses, including lakes, freshwater wetlands, special water resource protection areas, riparian buffers, floodplains and ponds, shall be shown and accompanied by the following information or data:

The location of individual trees with a DBH equal to or greater than 10 inches shall be identified by size and species. All areas intended for tree removal and each tree with a DBH equal to or greater than 10 inches to be removed shall be clearly labeled. A tree protection detail and/or limit of disturbance line detail shall be provided. The proposed location of shade trees to be provided by the subdivider in accordance with § 102-71, Shade trees, wooded areas and landscaping, in Part 3 shall also be shown. All landscaping plans shall be prepared in accordance with the provisions of this chapter and shall show the location, species (both botanical and common name), size, number of each type of tree or shrub, the location, type and amount of each type of ground cover, plant list and planting details for trees, shrubs and ground cover.

The names, locations and dimensions (paved width and width of right-of-way) of all streets and driveways, both existing and planned, so far as the latter can be ascertained, within the subdivision and within a distance of 500 feet from the boundaries of the subdivision, showing any connection from the proposed street in the subdivision to adjacent arterial, collector or local streets and the extent to which they conform to ordinance requirements, including compliance with the Route 34, Colts Neck, Highway Access Management Plan, as amended, for developments located in the area included in that Plan. Where future driveway locations are not yet known, the development plat shall identify locations where, under the Route 34, Colts Neck, Highway Access Management Plan, as amended, driveways are to be prohibited.

The name, location, width, purpose and extent of all easements, dedications and special areas, such as for conservation, landscaping, drainage, greenway, street rights-of-way, sight triangles, greenway access, wetlands, special water resource protection areas, riparian buffer, and/or floodplains, etc. Exact wording, as stated in the appropriate section of this chapter, shall be placed on the plats and referenced to the subject easement or dedication. A copy of any existing or proposed covenants and deed restrictions applying to the lands being subdivided shall be provided.

Locations of all existing structures, showing existing and proposed front, rear and side yard setback lines, and an indication of whether the existing structures or uses will be retained or removed and their current and proposed future use. All proposed lot lines, including existing lot lines to remain and those to be eliminated, with the dimensions thereof and the areas of all lots, shown in square feet, correct to one square foot, shall be shown. Any lot(s) to be reserved or dedicated to public use shall be identified, and the proposed use of lots for other than residential shall be shown.

Names, cross sections, center-line profiles and tentative grades of all proposed streets and existing streets internal to or abutting the subdivision based on the United States Coast and Geodetic Survey datum, together with full information as to the final disposal of surface drainage. At intersections, sight triangles and the radii of curblines shall be clearly indicated. Construction details of all streets (curbing and pavement sections) shall be provided.

Plans of proposed improvements and utility layouts (sewers, storm drains, water, gas, electricity, etc.), showing feasible connections to any existing or proposed utility system. If private utilities are proposed, they shall comply fully with the Township, county and state regulations. If service will be provided by an existing utility company for other than electricity, telephone, cable television and gas, a letter from that company will be sufficient, stating that service will be available before occupancy and that the service to be supplied will meet applicable Township, county and the state requirements. When on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township, county and state agencies. The location of all existing wells and septic systems on the property shall be shown.

The results of permeability tests, groundwater depth and soil boring tests and/or other tests required by the Board of Health are required on all lots, shall be made under the supervision of the Colts Neck Township Health Officer and shall be made in the area of the lot where the septic system absorption field is most likely to be located. The test locations, date of testing, the weather conditions prevailing at the time of testing and for the preceding 72 hours and the test results shall be recorded on the plat, and the following certification statement shall be recorded on the plat and signed and sealed by a licensed Professional Engineer of the State of New Jersey: "I hereby certify that the above tests were conducted and reported in accordance with N.J.A.C. 7:9, Chapter 9A of Standards for Individual Subsurface Sewage Disposal Systems, as amended January 1, 1990." Upon review of this data, the approving authority may require further tests on any or all lots. To minimize the need for retesting, it is recommended that the applicant review the proposed testing program with the Health Officer prior to making initial tests. Upon request of the approving authority, the developer may be required to install, maintain and afford the Township access to groundwater depth monitoring wells for a reasonable length of time after initial tests; all tests and monitoring wells shall be at the developer's expense and liability.

A copy of any existing or proposed covenants or other deed restrictions applying to the land being subdivided, including those deed restrictions required in relation to lower-income housing units in § 102-97D.

Zoning district(s). If there is more than one district, the plat should indicate the district lines.

The location and description of all monuments, markers and their symbols; see §§ 102-38D(17)(a)[12], 102-91B(5)(h), 102-62 and 102-69B(5).

The following notes and diagrams shall be added to preliminary plats [see also §§ 102-84I, 102-85I, and 102-86F(3)(b) and I]:

Upon recommendation of the Township Engineer and/or approving authority, an off-site traffic engineering report may be required if the location or intensity of the development may significantly effect traffic circulation.

All changes of the plat plan shall be consecutively numbered and bonded together on the left edge, and the first page shall contain a table showing the page number, title and latest issue date and all revision dates and a summary of reasons for reissuance for each sheet involved in the plat plans. The listing shall be updated each time a sheet is reissued. The name, signature, address, license number and embossed seal of all professionals who prepared the plat shall be provided on all sheets within the set of plans.

Plat certifications and signature blocks.

A complete set of the approved preliminary major subdivision plat reissued to show "Final Major Subdivision Plat" in the title and to show any changes since preliminary approval, including updating of the index sheet.

Tract boundary lines, exterior lines or streets, all easements and other rights-of-way, all locations where highway access is denied in conformance with the Route 34, Colts Neck, Highway Access Management Plan, street names, land reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and central angles of all curves based on an actual survey by a licensed New Jersey engineer or land surveyor. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall balance and close within a limit of error of 1:10,000 and of all lot lines to within 1:20,000.

Block and lot numbers in accordance with established standards in conformity with the Township Tax Map and approved by the Tax Assessor. Services of the Township Tax Assessor will be made available to the developer, upon request, to assist in the assignment of lot and block numbers.

Cross sections, profiles and established grades of all streets as approved by the Township Engineer.

Plans and profiles of all storm and sanitary sewers and water mains as approved by the Township Engineer.

The location and description of all monuments, markers and their symbols as required under § 102-62, Monuments, in Part 3 and elsewhere in this chapter. [See also § 102-38D(16).]

All field changes approved by the Township Engineer during construction.

A final major subdivision plat prepared in accordance with the provisions of Chapter 141 of the Laws of 1960, known as the "Map Filing Law,"[4] as amended and supplemented and containing the following information.

Plat certifications and signature blocks.

No development application shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All plats shall be drawn by a land surveyor, as required by law, who shall be licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions of Article V[1] and minor site plans are exempt from this requirement. All drawings of improvements shall be drawn to comply with the Route 34, Colts Neck, Highway Access Management Plan for developments located in the area included in that Plan and, except for minor site plans, shall be signed and sealed by a licensed professional engineer of the State of New Jersey if they are part of an application requiring formal approval. The plat shall be designed in compliance with the provisions of Parts 3 and 4 of this chapter and, in addition, shall meet the requirements of this section. All landscaping plans shall be prepared by a licensed landscape architect and/or engineer and shall be signed and sealed.

All plats shall be submitted on one of the four following standard sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches.

Provisions for refuse and garbage disposal with details.

The location of signs and drawn details showing the size, color, construction, height and content of all signs.

The location and size of all proposed loading areas.

Floor plans and building elevation drawings of any proposed structure or existing structures to be renovated. Building elevations shall specify the color and material of all exterior treatment.

Exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.

The location and dimensions of all parking areas, including handicapped facilities.

The location and dimensions of all driveways and access aisles showing traffic flow, control signs and fire lanes.

The location and details of all curbs, sidewalks and other pedestrian pathways.

Landscape and screening plans prepared in accordance with the provisions of the Colts Neck Development Regulations Ordinance and showing the location, species (both botanical and common names), size and number of each type of tree or shrub, the location type and amount of each type of ground cover to be utilized and plant list and planting details for trees, shrubs and ground cover.

Plat certification and signature block.

Each site plan submitted shall be so titled and shall be at a scale of one inch equals 30 feet or less for a tract up to five acres in size; one inch equals 50 feet or less for a tract between five acres and 40 acres in size; one inch equals 100 feet or less for a tract between 40 acres and 150 acres; or one inch equals 200 feet or less for a tract of 150 acres or more. For tracts of 40 acres or more, if grading and/or improvements are not clearly and accurately shown at this scale, then additional drawings at one inch equals 50 feet or larger shall be provided.

Each site plan submitted to the approving authority for approval shall have the following information shown thereon or to be annexed thereto:

The following notes and diagrams shall be added to preliminary site plans (see also § 102-85I):