Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.

The following words and phrases in this Part 2 are used as defined in the Municipal Land Use Law but with reference to this Part 2 and appropriate provisions thereof: applicant, application for development, building, capital improvement, circulation, common open space, conventional, County Master Plan, County Planning Board, days, developer, development, development regulation, division, drainage, erosion, final approval, historic site, intersected party land, major subdivision, Master Plan, Mayor, municipal agency, nonconforming lot, nonconforming structure, nonconforming use, Official County Map, Official Map, off-site, off-tract, on-site, on-tract, open space, party immediately concerned, planned development, plat, preliminary approval, preliminary floor plans and elevations, public areas, public development proposal, public drainageway, public open space, quorum, resubdivision, sedimentation, structure, subdivision, variance and written notice.

Pursuant to P.L. 1975 c. 291 (N.J.S.A. 40:55D-1 et seq.), the Land Use Board, consisting of nine members, is hereby established. The Land Use Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a Planning Board and a Zoning Board of Adjustment as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). All applications for development and all powers granted to the Planning Board and Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-1 et seq., are hereby granted to the Land Use Board. All authority previously granted to the Planning Board and/or the Board of Adjustment by the Code of the Township of Holland and any ordinance shall now be vested in the Land Use Board.

Any reference to the Planning Board or Zoning Board of Adjustment in any existing Township of Holland ordinance shall be deemed to refer to the Land Use Board. The Land Use Board shall consist of four classes of members as follows:

The term of the member composing Class I shall correspond to his/her official tenure. The terms of the members composing Class II and Class III shall be for one year or 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 terminate at the completion of his/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 Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first consistent with N.J.S.A. 40:55D-23.

The terms of all Class IV members first appointed under this article 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 Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.

Alternate members shall serve for terms of two years; provided, however, that the initial terms of such members shall be for one and two years, respectively.

All terms shall run from January 1 of the year in which the appointment was made.

If a vacancy in any class shall occur otherwise than by expiration of the Land Use Board term, it shall be filled by appointment, as above provided, for the unexpired term. No member of the Land Use Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

Any member other than a Class I member, after a public hearing if one is requested, may be removed by the governing body for cause. "Cause" shall be deemed to include, but not be limited to, absence by a member, without reasonable excuse and prior notice thereof to the Chairman, from three consecutive regular or special meetings, or absence, without reasonable excuse and prior notice thereof to the Chairman, from three regular or special meetings within any six-month period.

The Land Use Board may annually appoint an Attorney and fix the compensation of or agree upon the rate of compensation of the Land Use Board Attorney, who shall be an attorney other than the Municipal Attorney.

The Land Use Board may also contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

Meetings of the Land Use Board 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. Special meetings may be provided for at the call of the Chairman 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 by majority vote of a quorum except where a specified portion of the full authorized membership is required by statute (N.J.S.A. 40:55D-34 and 55D-70d).

All regular meetings and all special meetings shall, as required by law, be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231 of the Laws of New Jersey 1975.

Rules. The Land Use Board 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., or of this chapter.

Oaths. The officer presiding at the hearing or such person as he may designate shall have 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, N.J.S.A. 2A:67A-1 et seq., shall apply.

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

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

A member of the Land Use Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

Prepare, adopt and from time to time amend or revise a Master Plan.

Exercise control over the review of subdivisions and site plans in accordance with Article VI of this chapter.

Exercise control over the granting of applications for conditional uses.

Whenever the proposed development requires approval of a subdivision, site plan or conditional use (but not a variance pursuant to N.J.S.A. 40:55D-70d), grant to the same extent and subject to the same restrictions as the Land Use Board:

Exercise such other duties as may be assigned to it by ordinance or resolution of the governing body and perform such other functions as may be authorized by P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), and other state statutes and administrative regulations.

Prior to the adoption of a development regulation or a revision or amendment thereto, the Land Use Board shall make and transmit to the governing body, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The governing body, when considering the adoption of a development regulation or a revision or amendment thereto, shall review the report of the Land Use Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Land Use Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Land Use Board.

The governing body may by ordinance provide for the reference of any matter or class of matters to the Land Use Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Land Use Board has submitted its report. Whenever the Land Use Board shall have made a recommendation regarding a matter authorized by this chapter to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

Class I: Mayor.

Class II: one of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member for purposes of this Part 2 in the event that there are among the Class IV members or alternate members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.

Class III: one of the members of the governing body appointed by it.

Class IV: six other citizens of the Township to be appointed by the Mayor as regular members and two other citizens of the Township to be appointed as alternates. The members of Class IV shall hold no other municipal office, position or employment, except that one such member may be a member of the Board of Adjustment. For the purposes of this section, membership on a Township board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office. If there is a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there are among the Class IV members or alternate 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 common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. Alternate members of Class IV shall be designated by the Mayor at the time of appointment "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussion 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 official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion or termination 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 terminate at the completion or termination of his term of office as a member of the Environmental Commission, whichever occurs first.

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

The terms of all Class IV members first appointed pursuant to this article shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; 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 expire at the end of a calendar year.

Any member, other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause. "Cause" shall be deemed to include, but not be limited to, absence by a member, without reasonable excuse and prior notice thereof to the Chairman, from three consecutive regular or special meetings, or absence, without reasonable excuse and prior notice thereof to the Chairman, from three regular or special meetings within any six-month period.

The alternate members of Class IV shall serve for terms of two years; provided, however, that the initial terms of the two Class IV alternate members shall be one and two years respectively.

Authority.

Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

Hearing notices and actions taken by the Planning Board when reviewing a site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variances shall be in accordance with § 100-145, entitled "Public hearing and notices."

In the event that the Planning Board disapproves a development plan, no zoning permit, industrial use permit, building permit or certificate of occupancy required prior to such development shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure 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 if the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Part 1, Zoning.

To make and adopt and from time to time amend a Master Plan for the physical development of the Township, including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

To assemble data on a continuing basis as part of a continuous planning process.

To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the governing body.

To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26a.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Part 1, Zoning.

Hear and decide, by majority vote, requests for interpretation of the Zoning Map or Part 1, Zoning, or for decisions upon other special questions upon which such Board is authorized by Part 1, Zoning, or this Part 2 to pass.

Variance.

Special cases.

Grant direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

Grant direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Appeals to the Land Use Board may be taken by any interested party affected by any decision of any municipal building or zoning official based on or made in the enforcement of the zoning regulations or the Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal with the official from whom the appeal is taken, together with the filing of three copies of said notice of appeal with the Secretary of the Land Use Board. Said notice of appeal shall specify the grounds of such appeal. The official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

A developer may file an application for development with the Land Use Board for action under any of its powers without prior application to any municipal building or zoning official. Applications addressed to the original jurisdiction of the Land Use Board without prior application to an administrative officer shall be filed with the Secretary of the Zoning Land Use Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Land Use Board. The applicant shall obtain all necessary forms from the Secretary of the Zoning Land Use Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

A public hearing shall be held on each application for development, other than for applications requiring only minor subdivision or minor site plan approval, or both. All public hearings shall be scheduled by the approving authority on reasonable notice to the applicant. All public hearings on applications for development shall follow the requirements of the Municipal Land Use Law,[1] which are in part as follows:

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.

Resolution or memorialization.

A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

All notices of hearings shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street addresses, if any, or by reference to lot and block numbers, as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents, for which approval is sought, are available for public inspection.

All of the following notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date established by the approving authority:

The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.

All the provisions of Part 1, Zoning, shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.

All developments which require subdivision or site plan approval shall comply with all the design and performance standards, including conditions imposed by the approving authority, as shown on the approved plat and/or included in the resolution adopted by the approving authority.

Filing fees. The developer shall, at the time of filing a submission, pay the following filing fees, as established in Chapter 83, Fees, to the Township by certified check, bank money order or good check. Proposals involving more than one use shall pay a filing fee equaling the sum of the filing fees for the component elements of the plat or submission. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a filing fee equal to the sum of the filing fees for each element:

Review fees.

Inspection deposits.

Administration of escrow deposits. The provisions of this Subsection D shall apply to both review fees and inspection deposits.

Payment of fees required. All permits, determinations, resolutions or certificates of approval are subject to the payment of all required fees, including the filing fee(s) stated above and the review fee (which is the aggregate of the finally determined review costs). No application shall be deemed complete until the required filing fee(s) and the required initial escrow deposit amounts have been paid to the Township. The full payment of the proper filing fee(s), the review fee(s) as finally determined, any fees required under §§ 100-147.1 and 100-147.2 and (where appropriate to the particular application) the construction and final escrow deposits are required conditions for the approval of an application for development, and action to approve such application shall not be taken until such full payment has been made.

The approving authority, when acting upon applications for approval of subdivisions and site plans, shall have the power, on written request from the applicant, to:

The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

No final plat shall be approved by the approving authority until all improvements (on-site, off-site and off-tract) for which a bond is required in the public interest have been installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law and the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. The performance guaranty cost estimate shall be based on the cost of installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be, except that for off-tract improvements, the performance guaranty cost estimate shall be calculated as provided in § 100-180C of this Part 2 and otherwise as provided in this section. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law if such wage would have to be paid by the Township or a party under contract with it were the Township to install the improvements on default of the obligor on the guaranty. The performance guaranty cost estimate shall take account of improvements installed prior to application for approval that do not meet the standards of this Part 2 or other regulations. With regard to subdivisions where excess excavated material will be exported to an off-site disposal area, or where borrow material will be imported from an off-site source, the cost of such exporting and importing shall also be included in the performance guaranty cost estimate.

A performance guaranty cost estimate shall be submitted to the approving authority by the Municipal Engineer as part of his report on preliminary and final plat review. The approving authority may request the Municipal Engineer to review and update this estimate from time to time as required.

The proposed performance guaranty required for final plat approval shall be submitted to the Municipal Engineer and municipal authority for recommendations as to accuracy and form and them to the governing body for approval and acceptance by resolution.

The Township Clerk shall immediately notify the approving authority and the Municipal Engineer when the performance guaranty has been approved and accepted by the governing body.

Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. All improvements and utility installations shall be inspected during the time of their installation by the Municipal Engineer or his representative to ascertain satisfactory completion. The Municipal Engineer shall be notified by the developer five days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall deposit with the Township, for all reasonable inspection fees to be paid to the Township Engineer for the inspection of improvements, a certified check or bank money order to the Township Clerk in the amount stated below. This deposit shall be in addition to the amount of the performance guaranty, and all application fees and shall be computed as follows:

A representative of the Municipal Engineer's office may, at the option of the Municipal Engineer, be present at the time all work is performed. No underground or undersurface installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work, road subgrade; curb and gutter forms, curbs and gutters; road paving (after each coat in the case of priming and scaling); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.

When improvements (on-site, off-site and off-tract) have been required to be made in conjunction with the approval of a development under this Part 2, no construction permit and no certificate of occupancy shall be issued for any dwelling or other structure designed or to be used for human habitation or occupancy in such development and no such dwelling or other structure shall be occupied or used until all such required improvements serving such dwelling or other structure, including but not limited to streets in the development (including the surface course of paving) which lead from the dwelling or other structure to existing public streets and all drainage facilities which would handle drainage from such dwelling or other structure, have been constructed or installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law. Notwithstanding the foregoing, shade trees need not be planted until all grading and earthmoving is completed, and seeding of grass areas shall be the final operation.

Inspection by the Municipal Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress or is completed, is not upon the Municipal Engineer.

After completing the construction of the improvements covered by the performance guaranty, the subdivider's engineer shall prepare two sets of plans of the improvements and utility plans and the profiles amended to read "as constructed," which shall be submitted to the governing body. Upon substantial completion of all required utility improvements, and the connection of the same to any public system, the obligor may notify the governing body in writing, by certified mail, addressed in care of the Township Clerk, of the completion or substantial completion of said improvements and shall send a copy of such notification to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements of which such notice has been given and shall, within 30 days of completing the inspection, report in writing to the governing body indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the content of said report and the action of said approving authority with relation thereto no later than 65 days after receipt of the required notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty for such improvements.

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

The approval of any plat under this Part 2 by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this Part 2, nor shall such plat approved obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by specific and appropriate action by the governing body.

The amount of any performance guaranty may be reduced by the governing body, by resolution, when particular items of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.

Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:

Proviso. Notwithstanding the foregoing, in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.

Before any permit shall be issued for a conditional use, applications shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing, but within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property and requirements of Part 1, Zoning, and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s) and shall conduct a public hearing on the application. The use for which a conditional use is granted shall be deemed to be a permitted use in its respective district, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant.

Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.

In the granting of conditional uses, the approving authority may condition the relief granted on the obtaining of a building permit or zoning permit, within one year or other reasonable time specified thereafter.

There is hereby established an Historic Preservation Commission for the Township, pursuant to N.J.S.A. 40:55D-107 et seq.

The Historic Preservation Commission shall consist of five regular and two alternate members.

The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Historic Preservation Commission or a Township employee.

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. 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. A quorum shall consist of three members of the Commission.

No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.

The Historic Preservation Commission shall have the responsibility to:

The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Committee. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts and grants, the amount appropriated by the Township Committee for the Commission's use.

In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Part 2 or any regulation made under authority conferred hereby, the proper local authorities of the Township or any interested party in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, with an owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Part 2, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Land Use Board and had adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.

Any person, firm or corporation violating any provision of this Part 2 (except for a violation of the sort described in Subsection B of this section) shall be punished by a fine of not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both; and each day that such violation continues shall constitute a separate offense.

Where an application for subdivision approval involves a lot fronting on a driftway as permitted by the section of Part 1, Zoning, entitled "Lots fronting on driftways,[1]" minor subdivision or final major subdivision approval may be granted only after the following have been complied with:

Subdivision approval under this section shall not be granted if the granting of it would result in more than three lots, which includes the remainder of the original lot being created within a twelve-month period.

An informal submission is optional. An informal discussion may be held at a meeting of the approving authority with reference to an informally prepared plat of sufficient accuracy to be used for purpose of discussion. The purpose of such a discussion will be to review overall development concepts in order to assist the applicant in the preparation of subsequent plans. No decisions will be made and no formal action taken on an informal discussion. Discussion and recommendations shall be informal and not be binding on the approving authority. The approving authority shall have the right to limit and control the extent, length and scope of such informal discussion, to regulate when it may occur, to require prior notice of a request for it and to conclude it in the interests of expediting other business or if the matters being presented, in the judgment of the approving authority, should be presented formally.

The data included on an informal submission of a site plan shall include sufficient basic data to enable the approving authority and the applicant to comment upon design concepts such as building location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria and the applicant's basic intent for water, sewerage and storm-drainage facilities. Informal submissions should be sketches to scale of possible plan(s) for development. They are not binding on the municipality or upon the developer. Accurate engineered drawings are not necessary.

An applicant for subdivision or site plan approval shall, prior to or at the time of filing an application for subdivision or site plan approval, file application for classification with the Secretary of the Planning Board, unless, pursuant to the Municipal Land Use Law[1] and the provisions of this Part 2 such subdivision or site plan application is to be reviewed by the Board of Adjustment in connection with an application for a variance pursuant to N.J.S.A. 40:55D-70d (use variance), in which case the application shall be filed with the Secretary of the Board of Adjustment. Such application shall be filed at least three weeks prior to the meeting of the municipal agency to which it is submitted. The application for classification shall include three completed copies of the application for classification form, 12 black-on-white copies of the sketch plat, one completed copy of the sketch plat check list and the applicable fee.

The municipal agency to which the application for classification is submitted shall review the application for its completeness as a submission for classification. If the application is complete, the municipal agency shall classify the development described therein as involving the major or minor subdivision or site plan review procedure under this Part 2 no later than its first regular meeting following the three-week period, if the municipal agency with which the application for classification has been filed would be the proper approving authority under such review procedure. If the application is incomplete, if the nature of the development request cannot be discerned sufficiently enough from the application to determine the proper review procedure or if another municipal agency would be the proper approving authority under the review procedure involved, the municipal agency shall reject the application, decline to classify the development and state its reasons for such action. No action on an application for classification shall be construed to be approval of an application for development, nor shall any action on an application for classification be construed as prohibited later rejection of an application for approval is subsequently submitted information discloses that the application has been improperly classified.

For the purposes of determining completeness of applications for development pursuant to N.J.S.A. 40:55D-10.3, the checklists set forth in Attachment 14 [being checklists designated Section A — Minor Subdivision, Section B — Preliminary Major Subdivision, Section C — Final Major Subdivision, Section D — Preliminary Major Site Plan, Section E — Final Major Site Plan, Section F — Minor Site Plan, Section G — Environmental Impact Assessment, and Section H — Use Variance, and Section I — Application for Highlands Resource Permit] are made part of this Chapter 100.[1] Nothing herein shall be construed as diminishing the obligation of an applicant for development to prove in the application process that he is entitled to approval of the application submitted, including the obligation to submit as part of the application approval process additional information required for his application by other sections of this Article XXII or other portions of this Chapter 100.

In addition to the foregoing checklist requirements, as to applications for development for property in this Township located wholly or partially within the Planning Area or Preservation Area of the Highlands Region, the requirements of § 100-163.2 shall also apply for the determination of completeness and consideration for review by the appropriate approving authority.

The following shall be required prior to approval of a minor subdivision:

The approving authority shall review the submission for minor subdivision approval for its completeness and take action on accepting or rejecting the submission as a complete application for minor subdivision approval following the three-week review period and within 45 days of the submission. Since a complete application for classification is part of the application for minor subdivision approval, no submission shall be deemed complete without a completed application for classification having been submitted to the approving authority. If incomplete, the application shall be rejected, and the approving authority shall state its reason for such rejection. If complete, the approving authority is authorized to waive notice and public hearing on the application for approval and shall approve or deny the application or approve it conditionally on terms ensuring the provision of improvements required by this Part 2. Approval as a minor subdivision shall be deemed final approval of the subdivision, provided that the approving authority may condition such approval upon terms ensuring the provision of improvements as stated above.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). All conditions upon which approval is granted shall be adequately noted on the plat or described in the deed prior to signing by such approving authority officials. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision plat as provided herein rather than record a deed therefor, such plat shall conform to the provisions of said Act.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.

Preliminary approval. Preliminary subdivision and/or site plan approval shall be obtained at or prior to the time final subdivision and/or site plan approval is obtained, as follows:

Preliminary approval rights. Preliminary approval shall, except as provided in Subsection B(4) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

Final approval. Final subdivision or site plan approval shall not be granted until or after the grant of preliminary approval for a proposed development. Final subdivision and/or site plan approval shall be obtained as follows:

Final approval rights.

Conditional use approval shall be obtained under the provisions of this Part 2, particularly the provisions of § 100-54, entitled "Conditional uses," and as provided by any rules and regulations adopted by the approving authority which are consistent with this Part 2 and the Municipal Land Use Law.[1]

Variances and directions for issuance of a permit for a building or structure in the bed of a mapped street, public drainageway, flood control basin or reserved public area or not related to a street shall be obtained under the provisions of this Part 2 and as provided by any rules and regulations adopted by the approving authority which are consistent with this Part 2 and the Municipal Land Use Law.

Variances in Flood Hazard District.

An approving authority shall grant or deny an application for development of the types referred to below within the number of days specified following the submission to the proper official of the approving authority of a complete application or applications for such development:

Notwithstanding the foregoing, the applicant may consent to further time within which decision of an application may be rendered, in which case decision on the application shall be rendered within such additional time. Furthermore, conditional approval may be given an application pursuant to the provisions of § 100-148, entitled "Conditional approval."

Failure of the approving authority to act within the time period prescribed above, including further time consented to by the applicant:

Plat conformity. No application for subdivision or site plan approval shall be accepted unless in plat form. Those aspects of the preparation of a plat (except a sketch plat submitted for classification only) which involve the practice of land surveying as defined by N.J.S.A. 45:8[1] shall be performed and certified by a New Jersey licensed land surveyor and which involve the design or streets, utilities and other engineering practice as defined by such statute shall be designed and certified by a New Jersey licensed professional engineer. Plats submitted to the approving authority should be folded with the title side out. Plat design shall conform to Article XXIII. Where soil permeability tests and results are part of the plat requirement, such tests shall be made pursuant to Chapter 200, Sewage Disposal Systems, Individual, of this Code by a licensed professional engineer or other person qualified to make such tests under state regulations and the result noted on the plat. At least 48 hours' notice shall be given to the Secretary of the approving authority of the performance of such tests, the notice to specify the time and the lot where the tests will be performed. Reports shall also be furnished to the approving authority indicating the results of each test, the date of the test, the type or types of soil encountered, together with the thickness of each layer, and all other features affecting test results. The approving authority may require additional tests if the required notice of performance of such tests has not been given or the tests have not been performed as specified in the notice. The approving authority may also require that the tests be conducted in the presence of the Township Engineer or other person designated by the Township Engineer and shall also have the right to engage the Township Engineer or other person qualified under state regulations to make such tests to perform additional tests on the lot if it feels such additional information is necessary. The approving authority may waive the requirements for such tests where the sanitary sewage disposal system of any structure which is or may be erected on said lot having such system would be required to be connected to a public system of sanitary sewers.

Subdivision sketch plat. The sketch plat for a proposed subdivision submitted for classification shall be based on Tax Map information or some other similarly accurate base and shall be of sufficient accuracy to be used for classification purposes. When the sketch plat is submitted for approval as a minor subdivision, the plat shall be based on an actual survey prepared by a land surveyor licensed in the State of New Jersey and shall have his seal affixed thereto and shall be drawn at a scale of not less than 200 feet to the inch and shall be of such size as to comply with the Map Filing Law.[2] All sketch plats shall show or include the following information:

Preliminary subdivision plat.

Final subdivision plat.

Site plan sketch plat for classification. A site plan sketch plat for classification shall include the same data as required for a subdivision sketch plat for classification except that the graphic scale shall be of one inch equals 100 feet or less. With the application for classification, there shall be submitted, at least in brief and, where applicable, in scaled sketch form, preliminary information called for in the appropriate preliminary site plan plat.

Preliminary site plan plat required in IND Zoning District. Every preliminary site plan plat required under § 100-35 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-35C, D and E and, where applicable, § 100-35H and I of said Part 1, Zoning. Preliminary plat engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said § 100-35C, D, E and H to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.

Preliminary site plan required in MFR of COM Zoning District. Every preliminary site plan plat required under § 100-73 or 100-91 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-73C, D, E and F and, where applicable, § 100-73H and I of said Part 1, Zoning. Preliminary plat engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said §§ 100-73 and 100-91 to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.

Preliminary site plan plat required in the R-1 and R-5 Residential Districts. Every preliminary site plan plat required under § 100-73, 100-91 or 100-154 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-73, 100-91 or 100-154 of such Part 1, Zoning, as the case may be. Preliminary engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said §§ 100-73, 100-91 and 100-154 to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.

Final site plan plat.

Purpose. The purpose of the environmental impact assessment is to provide a tool that will allow the approving authority to predetermine the potential impacts of a proposed development on the physical environment, particularly as to surface and groundwater quality and quantity, drainage, soil erosion, vegetation, scenic resources and ambient light levels. The focus of the environmental impact assessment shall be on the identification of the potential adverse impacts of the development so that they can be ameliorated by design modifications. To that end, the applicant is urged to gather available data regarding the site's physical characteristics and constraints and to prepare a preliminary environmental impact assessment consisting of the Phase I information identified in this section before presenting a concept plan for informal review rather than after the preparation of the preliminary plat or plan.

Applicability.

Review by Environmental Commission. Copies of all Phase I and Phase II environmental impact assessments required in connection with an application for development made to the approving authority shall be transmitted by the Board Secretary to the Township's Environmental Commission for review and comment. The Environmental Commission shall review the environmental impact assessment and submit its findings and recommendations to the approving authority within 45 days of receipt by the Environmental Commission. Failure of the Environmental Commission to submit a report within the forty-five-day period shall not extend the statutory time period for action by the approving authority. The report of the Environmental Commission shall not be binding on the approving authority.

Material to be covered in environmental impact assessment. An environmental impact assessment shall be organized as follows:

Inventory of existing environmental conditions. An inventory shall be presented of existing environmental conditions on the site proposed for development and in off-site areas likely to be impacted by the development. Such inventory shall be specific to the property under review. The contents of the inventory shall include the information set forth below. At the concept plan review stage, the preliminary environmental impact assessment need only contain the information identified as Phase I. When the final environmental impact assessment is prepared as part of the submission of an application for preliminary site plan or subdivision approval, all of the information for Phase I and Phase II shall be included.

Description of proposed development.

Assessment of anticipated project impacts.

Analysis of design alternatives. A description and analysis of one or more design alternatives that would ameliorate projected adverse environmental impacts to the development site and to the surrounding area. Such analysis shall be accompanied by appropriate maps, schedules and other explanatory materials so as to thoroughly explain each alternative and the rationale for the applicant's decision not to implement that alternative. The approving authority may request additional alternatives to be analyzed if the applicant's analysis is deemed to be superficial or insufficient.

List of required permits and other agency approvals. All municipal, county, state and federal permits and approvals required for the project shall be listed together with a statement of the status of the applicant's efforts to obtain such permits or obtain such approvals.

Bibliography, sources. All sources used in the planning of the development and the preparation of the EIA shall be cited.

Procedures. Twenty-one copies of the environmental impact assessment, complete with all maps and other supporting documents, shall be filed as part of the application to the approving authority. The Board Secretary shall transmit seven of these copies to the Environmental Commission for its review and comment.

Review criteria.

Waiver of requirements. The approving authority may waive any of the submission requirements set forth in Subsections D through J hereinabove as may be reasonable and within the general purpose and intent of the provisions of this section if the literal enforcement of one or more provisions of this section is impracticable or will exact undue hardship because of peculiar conditions pertaining to the subject property.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by applicable Part 1, Zoning, provisions and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks through the block may be required in locations deemed necessary by the approving authority. Such walkway shall be 10 feet wide and be straight from street to street.

For commercial, multifamily housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

The design of the drainage system shall conform to requirements set forth in the Chapter 100, Part 3, Stormwater Management, of the Code of the Township of Holland.

Pipes or conduits shall be designed using Manning's formula for velocity. The coefficient of friction for reinforced concrete pipes shall be n-0.013 and for corrugated metal pipes shall be n-0.024.

Whenever possible, the pipes shall be designed to maintain a self-cleaning velocity of three feet per second when flowing full.

The interval between manholes or inlets shall not exceed 400 feet. A manhole or inlet shall be provided whenever branches or drain lines are connected or sizes are changed and whenever there is a change in pipe alignment or grade.

Transitions of drain pipes through manholes or inlets shall be designed to allow a drop of at least 0.1 foot for pipes of equal size or of an amount at least equal to the difference in diameters for pipes of different sizes.

Horizontal and vertical alignment of pipes shall be in a straight line between manholes or inlets.

Swales or waterways shall be designed in accordance with standards set forth by the United States Department of Agriculture Soil Conservation Service and proper engineer practice.

When requested by the approving authority or the Township Engineer, plans shall be submitted to the United States Department of Agriculture Soil Conservation Service for their recommendations on erosion and sedimentation control measures.

A permit shall be obtained from the Division of Natural Resources, New Jersey, Department of Environmental Protection, for a structure, crossing or conducting a natural stream with a drainage area of at least 50 acres, or otherwise as required by state law.

Stormwater management system.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Municipal Engineer and in accordance with Fire Insurance Rating Organization standards.

Where no public water system exists or will be provided, and where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft an adequate supply of water for fire-fighting purposes. These facilities shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar facilities on site or off site, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer, Fire Inspector and Fire Company in accordance with Fire Insurance Rating Organization standards.

With respect to the nonresidential development in the COM Commercial, PCD/PSV Planned Commercial Development/Planned Senior Village Development and the IND Limited Industrial Districts and multifamily dwellings in the MFR Multifamily Residential District, the following shall apply:

Lot dimensions and areas shall not be less than the requirements of Part 1, Zoning.

Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Each lot must front upon a street as defined herein.

Where extra width has been dedicated for widening of existing streets, lot sizes shall be computed from such extra width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Once a subdivision has been approved by the approving authority, no extension or connection of any street within the approved subdivision to serve an adjoining property shall be permitted unless such extension or connection was specifically intended as part of such approval as evidenced by a temporary cul-de-sac or stub street connection shown and designated for such purpose on the approved plat.

The right-of-way width shall be a minimum of 50 feet for all arterial, collector, minor and marginal access streets.

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Township under conditions approved by the approving authority.

Subdivisions that adjoin or include existing streets that do not conform to widths, as shown on the Master Plan or Official Map should either or both be adopted, or to street width requirements, described in this section, may dedicate additional width along either one, or both, sides of said road. If the subdivision is along one side only, 1/2 of the required extra width may be dedicated.

Street intersections shall be as nearly right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 25 feet.

Minimum horizontal radii along street curves shall be 300 feet. A tangent of minimum length of 100 feet shall be provided between reverse curves.

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance. Maximum grade on any street shall not exceed 10%.

If a dead-end street is of a temporary nature, a turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

In large-scale developments, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned.

Where a subdivision or site plan is traversed by a watercourse drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision or site plan containing such features.

Streets shall be paved to conform to standards established by the Holland Township ordinance for streets or roads[1] to be taken over as public streets or roads, except when special circumstances warrant a permit pursuant to N.J.S.A. 40:55D-36.

Street signs shall be of approved design, size, color and material.

Curbs and gutters shall be installed where required for proper drainage. All curb and gutter construction shall be in accordance with current New Jersey State Highway Department Standard Specifications and supplements thereto, on file in the Township Engineer's office.

Sidewalks shall be provided, with respect to a principal use, other than farm, park, playground or other noncommercial recreational uses, from each principal building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways and other buildings on the site and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated. If repaired, sidewalks shall be constructed according to specifications of the Township Engineer. Sidewalks shall be required with respect to residential principal uses in instances where, in the judgment of the Township Engineer, prospective street or pedestrian traffic warrant the provision of them.

Streetlighting, if required, shall be installed in accordance with specifications to be prescribed by the Township Committee.

Stripping lot areas of all or a substantial number of trees will not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees.

Topsoil protection. No topsoil shall be removed from the site or used as spoil, except that removed from a roadbed. Topsoil moved during the course of construction, except that removed from a roadbed, shall be redistributed so as to provide cover to all areas of the subdivision and shall be stabilized by seeding or planting.

Monuments shall be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute.

Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

Such drainage controls and other improvements as may be necessary to comply with the resolution for control of drainage into county roads as adopted by the County Board of Freeholders shall be provided.

Shade trees shall be so located as not to interfere with utilities or sidewalks, shall be spaced at a minimum separation of 75 feet along all streets, shall have a minimum caliber of 2 1/2 inches and shall be of types approved by the Planning Board, Environmental Commission or Township Engineer.

Utilities shall be installed underground. No underground installation shall be covered until inspected and approved.

Improvements to be constructed at the sole expense of the applicant. In cases where no property other than the property which is the subject of the subdivision or development will receive a special benefit thereby, the approving authority may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvement(s) as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

Other improvements.

Performance guaranty. The applicant shall be required to provide, as a condition for final approval of the development application, a performance guaranty running to the Township based upon a performance guaranty cost estimate determined as follows:

Refund of deposit where improvements are not authorized within two years. In any case in which an applicant shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this Part 2 by the Township, the applicant shall be entitled to a full refund of such deposit of the governing body shall not have enacted an ordinance authorizing the improvement within two years after the date all other development improvements are completed.

Deposit of funds. All moneys paid by an applicant pursuant to this section shall be paid over to the Township Treasurer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements servicing the same purpose.

Time for applicant to construct. If the applicant is required to construct or install the off-tract improvement pursuant to this section, the approving authority may establish a reasonable time within which such improvements shall be constructed or installed, and such time period as well as the satisfactory construction or installation of such improvements according to all applicable laws and regulations, including those contained in this Part 2, shall be conditions of any performance guaranty.

Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this Part 2, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.

Standards for determining the proportionate or pro rata cost. The proportionate or pro rata cost of off-tract improvements shall be proportioned or pro rated pursuant to this section and the requirements prescribed by state law and also (with reference to particular types of improvements described below) as follows:

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.