Pursuant to the provisions of Section 28, P.L. 1975, c. 291 (N.J.S.A. 40:55D-37), approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the Office of the Burlington County Clerk. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, or change of use, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings and accessory buildings such as a private garage, toolhouse, private greenhouse incidental to residential uses shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 110-118D of this chapter.

Each application for subdivision approval, where required pursuant to N.J.S.A. 40:27-6.3 and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6 shall be submitted by the applicant to the Burlington County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or by its failure to report thereon within the required time period.

With respect to each applicable application, submission shall be made to the Pinelands Commission pursuant to § 110-21 of Article I of this chapter.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for the development. Fees and escrows for such submission are set forth in the section of this chapter pertaining to fees and escrows.[1] The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. In the event that the developer desires review of the application for development by the professional staff of the Township, the developer shall request same, and the plan shall be of sufficient detail to enable the professionals designated to make the review required. Neither the developer, the Township, the Planning Board or the Township professionals shall be bound by any such review with the exception that any design requirements shall be as close as possible to the approved sketch plat and shall be changed by the municipality only for environmental or engineering considerations or conflict with other laws, not considered at the time of sketch plat review or because of changes in the plan submitted by the developer, or matters brought before the reviewing authority as a result of the public hearing.

Complete application of rules of general applicability with respect to the completeness of all applications are found in § 110-12 of Article I. Specific rules with respect to subdivisions and site plans are set forth in the following sections.

Any owner of land within Shamong Township shall prior to subdividing and resubdividing land defined or classified as a minor subdivision submit 10 prints of the plat of the proposed minor subdivision to the Administrative Officer of the Planning Board together with the other requisite elements for a complete application at or prior to the work session before the next regular meeting of the Planning Board at which the applicant wishes to be heard. The Administrative Officer of the Board shall then immediately forward copies of the plan to the appropriate municipal officials as designated by the Planning Board. An original and the required number of copies shall be transmitted to the Burlington County Planning Board by the owner for consideration and report, which shall be submitted to the secretary of the Planning Board.

At the next regular meeting, the Planning Board may take final action on the plan or take the application under advisement but approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.

The Planning Board consultants shall submit their reports to the Planning Board at the regular meeting next following their receipt of a copy of the plan, provided that a reasonable time has been given to these officials to review the plan.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The Planning Board may, in appropriate cases, require the installation of such off-site, on-site, off-tract and on-tract improvements and design standards as necessary to protect the health, welfare and safety of the citizens of the Township. The owners shall have the option of installing such improvements or filing a performance guarantee, approved by the Township Solicitor, covering the costs of such improvements. No final approval shall be granted, nor shall any plan be signed, until either such improvements have been properly installed or the appropriate guarantees filed, as the case may be.

The applicant shall file a signed plan of such minor subdivision, in acceptable form, after approval with the Burlington County Planning Board.

The Secretary of the Planning Board shall then forward a properly signed copy of the plan to the Township Clerk, Township Engineer, Construction Code Official, Tax Assessor and Tax Collector, and also file the original and one copy of the plan in the Planning Board file for the particular application concerned.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with approval granted by the Planning Board and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the applicant with the Clerk of Burlington County, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairman and Secretary of the Planning Board prior to filing.

Information required on plat for minor subdivision application. The plat submitted by an applicant for a minor subdivision approval shall contain the following information:

Submission of sketch plat; informal discussion with Planning Board. Before preparing and submitting the preliminary plat, the developer is requested to submit a sketch plat of major subdivision and informally discuss the proposal with the Planning Board.

Time of initial contact with subdivider. It is the intent of the Board to establish initial contact with the subdivider of a proposed subdivision prior to the time the developer or subdivider finalizes the street and lot scheme for the subdivision. It is the express intention of the Board that the Board and the subdivider or developer shall be in substantial agreement on the design of the street system and the lotting patterns of the proposed subdivision prior to the start of the detailed engineering design work required at the preliminary plat stage.

The purpose of the preliminary plat. The purpose of the preliminary plat is to provide the Board with the detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives, who are charged with the responsibility of reviewing the plat, all the data and preciseness necessary for a detailed review.

Submission of preliminary plat for major subdivision for tentative approval.

Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of Article VII and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Board. For initial consideration by the Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:

Additional requirements to be submitted with preliminary plat. With submission of the preliminary plat, the developer shall submit:

Utility layouts. After the general terms and conditions have been agreed upon, but before tentative approval is granted, the subdivider must submit on one map plans of proposed utility layouts, (sanitary sewers, storm sewers and the drainage structures) showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewerage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. Any subdivision, or part thereof, which does not meet with the establishing requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

Preparation of preliminary plat by licensed engineer and licensed land surveyor. When the preliminary plat, which has been granted tentative approval, forms the basis upon which application for final approval will be made, such plat map and other accompanying engineering plans must be prepared by a licensed professional engineer and a licensed land surveyor in compliance with all the provisions of Chapter 358 of the Laws of 1953[1] before the required improvements of Article VI of this chapter are installed or the performance guarantees for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.

Issuance of building permits; final approval of plat required. No building permit for development of the subdivision proper shall be issued until final approval of the plat has been granted, excepting such permits as are necessary for the installation of the improvements.

Scale of plans. All plans submitted to the Shamong Township Planning Board for review shall be clearly and accurately drawn at a scale indicated in the chart below:

Required site plan approval. Site plan approval shall be required before any initiation or change of use or before any excavation, removal of soil, clearing of the site or placing of any fill on lands, construction of parking areas or ponds, commencement of forestry operations, continuation or commencement of resource extraction activities, and other land development except for agricultural purposes. Except as hereinafter provided, no building permit shall be issued for any building or use, or reduction or enlargement in size of any building, or change in use of any building unless a site plan is first submitted and approved by tie Planning Board of the Township, and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board.

Site plan approval not required. Site approval shall not be required for any subdivision or individual lot application for detached one- or two-dwelling-unit buildings or for such accessory uses as a private garage, toolhouse, gardens and private greenhouses incidental to residential use, nor shall site approval be required for any pole barn or temporary greenhouse erected in conjunction with a residential or agricultural use; but this shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in the Township ordinances.

Site plan waivers and change of use.

Minor site plan submission; definition and required data.

Site plan procedure and required data. A preliminary site plan as herein required shall be submitted in six copies to the Administrative Officer of the Planning Board at least 14 days prior to a scheduled meeting of the Planning Board. All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data. (Scale not less than one inch equals 50 feet regardless of the size of the land development and the plans shall conform to one of the following sizes: 8 1/2 feet by 13 feet, 15 feet by 21 feet, 24 feet by 36 feet or 30 feet by 42 feet.) All site plans submitted to the Shamong Township Planning Board shall contain or be accompanied by the following minimum information:

Site plan information. Each site plan shall have the following information shown thereon annexed thereto:

Purpose. The standards noted above shall be for the general purposes of enhancing the neighborhood; providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety or aesthetic purposes; preventing uses which violate applicable state and federal safety and environmental regulations; preserving floodways and flood hazard areas; and requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be housed or screened from residential uses.

Before approving a subdivision or site plan, the approving authority shall require that streets, public drainageways, flood control basins and public areas designated for reservation on the Master Plan or Official Map must be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of up to one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Official Map or Master Plan, the Secretary of the approving authority shall notify the Township Committee in writing of such application, and that the approving authority intends to grant approval for said development in the reserved area unless the Township Committee notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the Township Committee. The Township Committee shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation, or negotiate a purchase price for said reserved area. Upon the Township Committee arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.

Essential off-tract improvements.

Where the approving authority shall determine that off-tract improvements would be essential to the development, as set forth in Subsection A(1) and (2) above, the cost of said improvements shall be assessed or apportioned in accordance with the Municipal Land Use Law and the laws of the State of New Jersey against those properties especially benefited thereby.

The Township may, at any time and from time to time, accept the dedication of land for public use and maintenance, or any interest therein, required to be set aside, designated and reserved for the use and enjoyment of owners and occupants of land adjoining or neighboring such land as a condition of approval, but such dedication shall not be required by the approving authority.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a development, if said open space is not dedicated to the Township. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 65 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Committee shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the tax to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Site plans and conditional use applications.

Subdivision applications, other than minor subdivision.

Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.

Preliminary approval of a major subdivision or site plan except as provided in Subsection B of this section shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.

The reviewing Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval, and in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141, (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned development the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer of the approving authority, 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 of the application for final approval as submitted and a certificate of the Secretary of the approving authority as to failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, except for the requirements of § 110-21.

The approving authority, when acting upon application for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, except for the requirements of § 110-21.

All of the design criteria as set forth in Article VII of this chapter with the sole exception of that section dealing with conditions required for a conditional use shall be construed as being the proper subject for exception or waiver as is set forth above. Article VII is hereby expressly declared subject to the provisions of N.J.S.A. 40:55D-51, and the design criteria contained in Article VII shall not be construed as being part of the Zoning Ordinance, with the sole exception being § 110-106 which sets forth the criteria for conditional uses.

The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval. 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 pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

Notwithstanding the aforementioned exceptions, no such exception shall apply to Pinelands application requirements or development standards nor shall it affect the Township's compliance with the standards of the Comprehensive Management Plan.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 110-67 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 110-73 of this chapter. 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 in § 110-73 of this chapter, 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, the granting of final approval terminates the time period of preliminary approval pursuant to § 110-67 of this chapter for the section granted final approval.

In the case of a subdivision or site plan for a planned unit development or planned unit residential development, or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section, for such period of time, no longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration  the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The developer may apply for and the reviewing Board may, thereafter, grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions, and the comprehensiveness of the development.

The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

The furnishing of a maintenance guarantee in favor of the Township in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.

The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the Township Engineer.

The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the Township Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1 million, plus 1% of bonded improvement costs in excess of $1 million.

Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Township 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 incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall 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 Township Engineer and appended to the performance guarantee pursuant to this chapter.

The Township Committee, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township 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 or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall 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.

No notice or public hearing shall be required for an application for development which conforms to the definition of minor subdivision in § 110-4 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or a subcommittee of the Board may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this chapter.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board 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.

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, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) 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 Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said law.

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 as provided herein.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to § 110-71 of this chapter.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such person 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:

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Township Clerk shall make and issue such certificate within 15 days after receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

Each such certificate shall be designed a "certificate as to approval of subdivision of land" and shall certify:

The Township Clerk shall be entitled to demand and receive for such certificate issued by him or her a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Township Clerk shall be paid by him or her to the Township.