Subdivision. Any owner of land lying within the Borough of Garwood shall, prior to the subdivision or resubdivision of land as defined by this chapter, and before conveying legal or equitable title to such subdivision or any part thereof, obtain final approval of a subdivision plat pursuant to the provisions of this chapter. Such approval shall be a condition for the filing of such plats with the county recording officer. Failure to obtain final subdivision approval as required shall subject the property owner to the provisions of N.J.S.A. 40:55D-54 and 40:55D-55.

Site plan. Any owner of land lying within the Borough of Garwood shall, except as hereinafter provided, prior to any change of use of land requiring a certificate of occupancy, or commencement or enlargement of any use requiring fencing or landscape screening pursuant to this chapter, or prior to any improvement of land involving excavation, removal of soil, clearing of any site, or placing of any fill on land contemplated for development, or before any construction or alteration of any structure or parking area which would extend the exterior dimensions of such area, or proposing a conditional use in any zoning district, obtain final site plan approval pursuant to the provisions of this chapter. Site plan approval is required for conversions of two-family dwelling units to three- or more family dwelling units. Site plan approval shall not be required for construction related to individual, detached one or two dwelling unit structures, occupancy certificates thereto or any uses or structures accessory thereto, or developments proposed by the Borough of Garwood.

Building permit. No building permit shall be issued for any structure or other construction activity until final approval has been granted to a site plan for such development or such development has been certified as exempt by the Construction Official pursuant to the provisions of § 106-70B of this chapter. Where no exemption is certified, no building permit shall be issued except in conformance with that final site plan approval and no building permit shall be issued until satisfactory proof has been submitted by the applicant that he has complied with all requirements of the approving authority and he has all necessary easements, rights-of-way, leases or other documents required to commence and complete the work requisite in the approved site plan.

Zoning permit. It is the intent of this chapter to utilize a zoning permit where a building permit or Board approval may not be required, but where regulatory oversight is necessary to insure proper and safe installation of site elements such as fences, swimming pools, sheds, and other site development or structures as seen fit by the Zoning Officer. No lot or lots shall be occupied, used, graded, cleared, fenced, or altered or improved in any way in whole or in part for any purpose whatsoever unless and until a zoning permit therefore shall have been issued by the Zoning Officer. A zoning permit shall be required for the use of any lot, or lots, which do not have upon them a structure. Whenever there shall be a change contemplated in the use of any lot or lots which do not have a structure upon them, a new zoning permit shall be required. The issuance of a building permit or certificate of occupancy shall be deemed to include the issuance of a zoning permit.

All applications for development, except sketch plats for major subdivisions, are required to provide the following exhibits regarding the site to be developed or subdivided at a minimum. The approving authority may request other such information as may be reasonably required. (Applicants should consult the Developer's Assistance Package identified in § 106-78B which further explains requirements and procedures.)

Preliminary subdivision plat. The following information is required in addition to that specified in § 106-71A.

Subdivision plat final approval. The following information is required in addition to that specified in § 106-71B.

Site plan for preliminary approval. The following information is required in addition to that specified in § 106-71A.

Site plan for final approval. The following information is required in addition to that specified in § 106-71A and D.

Any application to the Planning Board of the Borough of Garwood, for subdivision or site plan approval for the construction of 25 or more units of multifamily residential housing, single-family developments of 50 or more units, or any commercial, institutional, or industrial development proposal for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:

Prior to the issuance of a certificate of occupancy by the Borough of Garwood, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.

The order of precedence of applications for development shall be as follows:

The jurisdiction of the matter of greatest precedence shall apply, and the agency having jurisdiction over the application shall have jurisdiction over all types of development of lesser precedence as regulated by this chapter.

Action by Planning Board. Upon the submission of a complete application for development, the Planning Board shall grant or deny approval within the maximum number of days of the date of such submission as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.

Action by Planning Board. The Planning Board shall grant or deny approval within 120 days of the date of acceptance of a complete application for a variance pursuant to N.J.S.A. 40:55D-70d, or upon the filing of an appeal from a decision by the Zoning Officer. The Planning Board shall render decisions in all other development applications within the time periods as described above for the Planning Board.

Preapplication conference/informal review.

A Developer's Assistance Package which is a copy of all site plan and subdivision application forms, checklists and documents and the Borough Zoning Ordinance may be obtained from the Borough Construction Department during regular business hours. The fee for the Developer's Assistance Package and the Borough Zoning Ordinance is as per Article XII of this chapter. Applicants are encouraged to obtain a copy of each of these documents in order to avoid unnecessary delays due to the submission of incomplete applications.

All applicants shall submit one original and six copies of an application for development to the Zoning Officer pursuant to § 106-76 of this chapter. This includes the application documents, requisite plans or plats as per § 106-71 of this chapter, and the application fees as provided for in Article XII of this chapter.

An applicant may file an application for development with the Planning Board for action under § 106-54A and B without prior application to the Zoning Officer.

It is recommended that an applicant file a sketch plat of a major subdivision for preliminary discussion before the preliminary plat is prepared. The review of the sketch plat is designed to enable the approving authority and the applicant to discuss principles involved in the application before the applicant has gone to the expense of completing detailed engineering drawings. Any review or acceptance of a sketch plat is not tantamount to an approval and does not authorize subdivision approval, recording, or the commencement of construction.

Upon receipt of the information required under § 106-78C, the Zoning Officer shall distribute the application for review and reports to the following officials:

The Zoning Officer, in consultation with the Borough Engineer and Planning Advisor, shall determine the completeness of the application as per § 106-17 of this chapter and advise the applicant in writing as required. Upon the determination of a complete application, the applicant shall immediately submit nine additional copies of the application documents and plans/plats. Upon their receipt, the Zoning Officer shall forward all papers constituting the complete application to the Secretary of the Board having jurisdiction over the matter. The Board Secretary shall schedule a hearing under the provisions of Article I of this chapter. A hearing shall be held on all applications for development.

Approval shall be granted or denied in accordance with findings pursuant to § 106-80 of this chapter and within the time periods provided in § 106-77 of this chapter. Where the application involves a site plan or subdivision plat, such approval shall be deemed preliminary.

The proposed development is consistent with the Master Plan proposals adopted by the Planning Board.

The proposed use shall be compatible with surrounding uses.

The proposed use shall not have any injurious effect on surrounding property values.

The proposed use is so designed, located and proposed to be operated that the public health, welfare, safety and convenience of the citizens will be protected.

The interests of the public, and of the residents, occupants and owners of the proposed development are protected.

The proposed layout of the development is consistent with the requirements of Articles VIII and IX of this chapter.

The streets are of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide easy access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient and efficient system consistent with the Official Map and the circulation element of the Master Plan, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street or a street shown on the Official Map which is of greater width.

Adequate potable and fire water supplies, drainage, shade trees, sewerage facilities and other utilities necessary for essential service to residents and occupants are provided.

Off-tract water, sewer, drainage and street improvements which are necessitated by development are provided.

Development of lands designated as subject to flooding is designed so as to avoid danger to life and property.

Provision is made for protection and conservation of soils from erosion by wind, water, excavation or grading and from contamination by unsanitary fill or dumping.

The applicant has submitted evidence that no taxes or assessments for local improvements are due or delinquent on the property for which application is made.

Where deemed appropriate, that the proposed structures are suitably located.

Safe and efficient vehicular and pedestrian circulation, parking and loading is provided.

Exterior lighting is adequate for safety and security reasons.

Existing natural resources are to be preserved by the development.

The proposed development is suitably screened and landscaped.

The provisions of the Borough Recycling Ordinance are properly addressed by the proposed development.

The proposed development is in conformance with the State, County, and Borough Highway Access Management Codes adopted by the state, county and Borough with respect to state highways, county roads and municipal streets within the Borough.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan.

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

Whenever the Planning Board grants an extension of preliminary approval, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would 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 preliminary 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 approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant § 106-81C of this chapter.

Before granting of final approval for subdivision plats or site plans, or as a condition to the issuance of a zoning permit, the approving authority may require and shall accept the following in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

The Borough Clerk will forward a copy of the Council resolution and the performance and or maintenance bond to the Board Secretary and Borough Engineer.

The amount of any performance guaranty may be reduced by the Borough Council by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the Borough Council resolution. As a condition or as part of any extension of time, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law.

Upon substantial completion of all required site improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor shall notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy simultaneously to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed list and report, in writing, with the Borough Council, and simultaneously with the obligor, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection not later then 45 days after receipt of the obligor's request. The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each 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 Borough Engineer and appended to the performance guarantee as per above.

The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory to the Borough 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 relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after the receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guarantee, 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 posted may be retained to ensure completion of all improvements.

If the Borough Engineer fails to send or provide the list and report as requested by the obligor within 45 days from the receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the Borough Council fails to approve or reject the improvements determined by the Borough 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 Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approval complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.

The obligor shall reimburse the Borough for all reasonable inspection fees paid the Borough Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be made in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall deposit the remaining 50% of the reasonably anticipated fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be made in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall apply by stage or section.

To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to the site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the appropriate Borough officials.

Prior to the expiration of preliminary approval, the applicant may submit to the Secretary of the Board which granted such approval application for final approval. Such submission for final site plan approval is to include five sets of appropriate application forms, site plans, and required documents in addition to the fee as provided for in Article XII of this chapter. Submissions for final subdivision approval shall include five sets of the appropriate application forms, one original and five copies of the revised deed or plat, and required documents, in addition to the fee as provided for in Article XII of this chapter.

The approving authority shall grant final approval to the submittal if the detailed drawings, specifications and estimates of the application conform to the standards adopted by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law (N.J.S.A. 46:23-99 et seq.)

Final approval shall be granted or denied within 45 days after submission of a complete application to the zoning officer, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval and a certificate of the Zoning 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.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter or the Municipal Land Use Law, the granting of final approval terminates the period of preliminary approval.

Whenever the Planning Board grants an extension of final approval, and final approval has expired before the date on which the extension is granted, the extension shall begin on what otherwise would 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 approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to § 106-78A of this chapter.

Recording of final approval of subdivision.

Filing of all subdivision plats. It shall be the duty of the county recording officer to notify the approving authority and the Borough Tax Assessor in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon written request of the governing body the plan shall be expunged from the official records.