Site plan approval, when required. Prior to the issuance of a building permit, demolition permit, sign permit, zoning permit or certificate of occupancy for any development, a final site plan application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this Article, and all conditions precedent to said approval, including but not limited to the completion of required infrastructure improvements as set forth in § 102-58A, and/or the posting of performance guarantees for same, shall be complied with, and following same, the site plan shall be signed by the Chairman and Secretary of the Board. Furthermore, the Board may require, as a condition of any approval, the withholding of permits and approvals pending the satisfactory completion of required improvements as set forth in § 102-58B. Notwithstanding the above, the following developments shall be exempt from the requirement of site plan review and approval:

Subdivision approval, when required. Prior to the filing of any plat, deed or other recorded instrument for the subdivision of land with the County Recording Officer, a final subdivision application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this Article, and all conditions precedent to said approval, including but not limited to the completion of required infrastructure improvements as set forth in § 102-58A, and/or the posting of performance guarantees for same, shall be complied with. Furthermore, the Board may require, as a condition of any approval, the withholding of permits and approvals pending the satisfactory completion of required infrastructure improvements as set forth in § 102-58A.

Board jurisdiction. The resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to this chapter.

Conceptual site plan.

Conceptual subdivision.

Minor site plan.

Minor subdivision.

Preliminary major site plan.

Preliminary major subdivision.

Final site plan.

Final subdivision.

Applications for amended approval, as defined in § 102-4A, shall be classified as if the amendment(s) were a new application, and excluding those plan aspects to remain the same. By way of example, but not limitation, if amended approval is sought for a major site plan, but the plan aspects to be amended would alone meet the definition of a minor site plan, the application for amended approval shall be classified as a minor site plan.

An application for site plan or subdivision approval shall be filed with the Secretary of the Board having jurisdiction over the application. Required forms and checklists for the application shall be available in the office of the Secretary for the respective Board, and shall be provided to the applicant prior to formal submission of an application.

Applications must be accompanied by the required drawings, documents, fees and other data as required by the completeness checklists in this chapter. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

Any maps and documents for which approval is sought shall be determined complete in a minimum of 21 days before the date of the public hearing at which the application will be heard, in order to give the Board and its advisors sufficient time to review the application.

An application for development shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee.

The applicant shall be notified in writing whether the application has been determined complete or incomplete by the Board or its authorized committee or designee within forty-five (45) days of the date of submission of an application. An application shall be determined complete if all of the items required by the appropriate completeness checklists have been submitted.

In the event that the agency, committee or designee does not certify the application to be complete or incomplete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of said forty-five (45) day period.

The applicant may request that one or more of the submission requirements be waived. A written request, explaining the basis for such request(s) must be submitted for such waiver requests in order to be considered. The Board or its authorized committee shall grant or deny the waiver request within forty-five (45) days of receipt of the written request.

Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

After an application has been determined to be complete, the Secretary shall forward the application to the Planning Board or the Zoning Board of Adjustment for public hearing, depending on which board has jurisdiction. Hearings shall be conducted in accordance with the procedures outlined in this chapter.

After an application has been determined to be complete, or when the application has been scheduled for public hearing, whichever occurs sooner, the Secretary shall refer the application to the following persons or agencies for report and recommendation to the Board:

The Board shall grant or deny an application within the following time periods, or within such further time as may be consented to by the applicant. The time period required below for action shall begin on the date that an application is determined to be complete.

If the Board or any other governmental agency requires or the developer proposes, or is required to propose due to conditions beyond his/her control, any substantial amendments in the layout of improvements or of other aspects of the development proposed by the developer that have been the subject of a hearing, an application for amended approval shall be submitted and proceeded upon, as in the case of the original application for development.

If the proposed development complies with this chapter and the Municipal Land Use Law, the Board shall grant site plan and/or subdivision approval.

If an application for minor site plan approval is classified as other than a minor site plan, the applicant will be so notified. No further action by the Board will be required, and the applicant will be required to follow the procedures for filing an application for preliminary and final major site plan approval.

A minor site plan may, at the discretion of the Board, be reviewed by the full Board or may be approved by the Board based upon a review and favorable recommendation by the Site Plan Waiver Committee and/or Architectural Review Board; provided, however, that any minor site plan which requires any variances or exceptions shall be reviewed by the full Board, and a public hearing shall be held in accordance with the procedures set forth in this chapter. In the case of an application for amended approval that is classified as a minor site plan, the application shall be reviewed by the full Board at a public hearing if the original application was the subject of a public hearing.

Minor site plan approval shall be deemed to be final approval of the plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to § 102-25, § 102-58 and § 102-59, including but not limited to the posting of performance and maintenance guarantees and the withholding of permits and approvals as set forth in § 102-58. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by § 102-58B.

If the application is approved, the approved plan shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to § 102-25 and § 102-57, 2) all conditions precedent to approval have been complied with in accordance with § 102-53, and 3) the developer has submitted the number of plan copies required by § 102-48E below.

Prior to the Chairman and Secretary signing the plans, the applicant shall submit six (6) copies of the approved plan to the Secretary. Following signature of the plan copies, the Board shall return one copy of the signed plan to the applicant.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. The developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the ninety-first (91st) day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

If the required building and/or zoning permits for an approved minor site plan have not been issued within the period of protection set forth in Subsection F. above, the approval of said minor site plan shall become null and void.

If an application for minor subdivision approval is classified as other than a minor subdivision, the applicant will be so notified. No further action by the Board will be required, and the applicant will be required to follow the procedures contained herein for filing an application for preliminary and final major subdivision approval.

In reviewing a minor subdivision application, the 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 "Map Filing Law".

A minor subdivision may, at the discretion of the Board, be reviewed by the full Board or referred to the Subdivision Committee for review and recommendations; provided, that any minor subdivision which requires any variances shall be reviewed by the full Board, and a public hearing shall be held in accordance with the procedures set forth in this chapter.

Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition any such approval on terms ensuring the provision of improvements pursuant to § 102-25, § 102-58 and § 102-59, including but not limited to the posting of performance and maintenance guarantees, and the withholding of permits and approvals as set forth in § 102-58. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by § 102-58B.

If the application is approved, the deed or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to § 102-25 and § 102-57, 2) all conditions precedent to approval have been complied with in accordance with § 102-53, and 3) the developer has submitted the number of plan copies required by § 102-49F below.

Prior to the Chairman and Secretary signing the plans, the applicant shall submit six (6) copies of the approved plat or deed to the Secretary. Following signature of the plan copies, the Board shall return one (1) copy of the signed plan to the applicant.

Except as provided otherwise below, approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of Borough approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 102-54 or § 102-62.

The Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Board: 1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and 2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

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 (2) years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) all conditions precedent to approval have been complied with in accordance with § 102-53, and 2) the developer has submitted the number of plan copies required by § 102-50B below.

Prior to the Chairman and Secretary signing the plans, the applicant shall submit six (6) copies of the approved site plan or plat to the Secretary. Following signature of the plan copies, the Board shall return one (1) copy of the signed plan to the applicant.

Preliminary approval of a major site plan or preliminary major subdivision shall, except as provided otherwise below, confer upon the applicant the following right for a three (3) year period from the date on which the resolution of preliminary approval is adopted:

In the case of a preliminary major site plan or preliminary major subdivision for an area of fifty (50) acres or more, the Board may grant the rights referred to above for such period of time, longer than three (3) years, as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, 2) economic conditions, and 3) the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and 2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, 3) economic conditions and 4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern. Any such extension of approval for five (5) or more years shall require notice and public hearing pursuant to § 102-11I.

Whenever the Board grants an extension of preliminary major site plan or preliminary major subdivision approval as indicated above and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law". No final approval shall be granted unless all required infrastructure improvements pursuant to § 102-58A have been satisfactorily completed, or unless performance guarantees for same have been posted and accepted pursuant to § 102-25. Furthermore, the Board may require the withholding of permits and approvals as set forth in § 102-58B, pending the completion of required infrastructure and site improvements. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by § 102-58B.

In the case of a planned residential development, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by a change of conditions 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.

If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to § 102-25 and § 102-57 and 2) all conditions precedent to approval have been complied with in accordance with § 102-53. Prior to the signing and return of a final major subdivision plat or final major site plan, the applicant shall submit six (6) copies of the approved plat to the Secretary.

Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Board may for good cause shown extend the period of recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

The Board may extend the ninety-five (95) day or one hundred ninety (190) day filing period if the developer proves to the reasonable satisfaction of the Board 1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and 2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board.

The developer may apply for a filing extension either before or after the original expiration date.

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 102-54 and § 102-62. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to § 102-25 and § 102-57 and the developer has submitted the number of plan copies required by § 102-51C above.

The zoning requirements applicable to the preliminary approval first granted and all other right conferred upon the developer by preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted, provided that in the case of a major subdivision the rights conferred herein shall expire if the plat has not been duly recorded within the time period provided above.

Notwithstanding any other provisions of this chapter, the granting of final approval to the development or section of the development terminates the time period of protection for the preliminary approval granted to the same development or section of the development.

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 above, the Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions.

In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Board may grant the rights referred to in Subsection H. above for such period of time, longer than two (2) years, as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under final approval, 2) economic conditions and 3) the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under final approval, 2) the number of dwelling units and nonresidential floor area remaining to be developed, 3) economic conditions and 4) comprehensiveness of the development. Any such extension of approval for five (5) or more years shall require notice and public hearing pursuant to § 102-11I.

The developer may apply for an extension either before or after what would otherwise be the expiration date. Whenever the Board grants an extension of final approval pursuant to Subsection J. or K. above and the final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date.

Variation in density or intensity. The standards for permitting variation in intensity in a planned residential development shall be as set forth in the specific district regulations in Article XI of this chapter.

Open space ownership and maintenance. Any subdivision which involves planned residential development shall either dedicate any resulting open space land to the Borough or shall make provision for the establishment of an open space organization which shall own and maintain said open space for the benefit of owners or residents of the development. Any area to be dedicated to the Borough for open space purposes under the terms of this section shall be at a location and shape as approved by the Planning Board. If any open space areas are to be owned and maintained by an organization for the benefit of owners and residents of the development, then the following provisions shall apply:

Findings for planned residential development. Prior to the approval of any planned residential development, the Board must find the following facts and conclusions:

Time for compliance with conditions. Whenever any application for development is approved subject to specified conditions, said conditions shall be fulfilled within one (1) year of the date on which the resolution of approval was adopted, subject, however, to the following:

Procedure for demonstrating compliance. All conditions of approval shall be complied with in the following manner:

Effect of failure to comply. Only upon fulfillment of all conditions precedent of preliminary approval shall any infrastructure improvements required by § 102-58C and any off-tract improvements required by § 102-59, be permitted. Only upon fulfillment of all conditions precedent of final approval shall any subdivision map or site plan be signed and any required building permit, demolition permit, certificate of occupancy, zoning permit, sign permit or other required approval be issued, and any site clearing, grading, and construction of required on-tract improvements be permitted. Failure to comply with any and all specified conditions of approval shall have the following effects:

County Planning Board approval. Whenever review or approval of an application by the County Planning Board is required section 5 of P.L. 1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the 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.

Other governmental approvals. In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board, the Zoning Board of Adjustment or the County Planning Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Board shall make a decision on any application within the time periods provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.

Legal barrier to development. In the event that a developer submits an application for development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Borough agency shall process such application for development in accordance with the Municipal Land Use Law and this chapter, and, if such application for development complies with this chapter, the Borough agency shall approve such application conditioned on removal of such legal barrier to development.

The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to § 102-11.

The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

The applicant shall file an affidavit of proof of service and publication with the Board Secretary, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to § 102-62.

The Planning Board shall grant an extension of any site plan or subdivision approval for a period determined by the Board, but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals.

A developer shall apply for this extension before: 1) what would otherwise be the expiration, or 2) the ninety-first (91st) day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

An extension granted pursuant to this section shall not preclude the Board from granting any other extensions permitted herein or by any other law.

Completion of infrastructure improvements or performance guarantee required prior to final approval. All infrastructure improvements required in Subsection C below, except for the top course of street pavement and street trees, shall be installed and any required off-tract improvements shall be installed or a pro rata share of such off-tract improvements paid prior to final approval of any subdivision, site plan or variance; provided, however, that the developer may provide, and the Borough shall accept, a performance guarantee in accordance with § 102-25 for the required infrastructure improvements set forth in Subsection C below in lieu of the installation of said improvements prior to final approval.

Completion of improvements required prior to issuance of permits. The Board, in granting final subdivision, site plan or variance approval, may, in appropriate circumstances, condition the issuance of building permits, demolition permits, certificates of occupancy or zoning approvals, as applicable, upon: 1) the timely installation of required infrastructure improvements set forth in Subsection C below, notwithstanding any performance guarantee which may have been provided, and 2) upon the timely installation of required site improvements set forth in Subsection D below. In no case, however, shall a certificate of occupancy be issued for any development prior to the satisfactory completion of all required improvements set forth in Subsections C and D below; provided, however, that the Board may, in appropriate circumstances, authorize the issuance of a certificate of occupancy prior to the completion of the top course of street pavement, street trees and on-site landscaping if a performance guarantee for same is provided in accordance with § 102-25, provided, however, that any performance guarantee issued under such conditions shall be in the form of cash or a letter of credit. Letters of credit shall only be accepted under the terms set forth in § 102-25A(3).

Required infrastructure improvements. The following improvements shall be required for all major subdivisions and major site plans; provided that the Board may require any or all of the following for minor subdivisions, minor site plans and variances if, in the opinion of the Board, the improvements are necessary to provide adequate infrastructure to service the development. All of the following improvements shall be designed in accordance with the provisions in Article X of this chapter.

Required site improvements. All applications for site plan approval shall be required to provide any and all site improvements as necessary to comply with the provisions of this chapter, including but not necessarily limited to Articles X and XI.

Determination of required improvements. The Planning Board or the Zoning Board of Adjustment, as applicable, shall determine the nature of off-tract improvements to be required. Such determinations shall not be inconsistent with the Borough Master Plan circulation and utility elements, and may include street and related improvements, water, sewer and drainage facilities, and easements therefor.

Determination of total cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with advice of the Borough Engineer and appropriate Borough agencies.

General criteria in determining proportion of costs to be paid by applicant. The proportion of the total cost to be paid by the applicant for off-tract improvements shall be determined by the Board, with the assistance of the appropriate Borough agencies, based on any or all of the following criteria:

Criteria in determining proportion of costs to be paid by applicant for specific improvements. In addition to and notwithstanding the provisions of Subsection C above, the following criteria may be considered in determining the proportion of the total cost to be paid by the applicant for the following specific off-tract improvements:

Manner of implementation. After the estimated total cost of construction and the application's proportion of the total cost has been determined, the Borough Council shall determine whether the off-tract improvement is to be implemented by the Borough as a general or local improvement, or by the applicant under a formula providing for partial reimbursement by the Borough for benefits to properties other than the subdivision or site plan.

Deposit for improvements. When the manner of implementation has been determined by the Borough Council, the applicant may be required to provide a cash deposit or other deposit acceptable to the Borough, in accordance with the following:

Payment for applicant's share of the cost of improvement. The applicant's proportion of the total cost of off-tract improvements shall be paid by the applicant to the Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited, or for other improvements serving the same purpose. In the event that the amount of the deposit pursuant to Subsection F. above is less than the applicant's proportion of the total cost determined pursuant to Subsections C and D above, then the applicant shall be required to pay said proportion. In the event that the amount of the deposit pursuant to Subsection F. above is more than the applicant's proportion of the total cost determined pursuant to Subsections C and D above, then the Borough shall reimburse the applicant, or his or her successors or assigns, for the difference between the deposit and the applicant's proportion.

Refund of payments for failure of Borough to make improvements. If after a period of ten (10) years from the date of payment by an applicant for off-tract improvements to be constructed by the Borough, construction of such off-tract improvements has not been initiated, the Borough shall refund any and all deposits made by the applicant for such improvements, together with the accumulated interest or other income earned on the deposit, if any.

Dispute of amount of applicant's contribution. If the applicant and the Board cannot agree on the total cost or the applicant's proportion of the total cost of the off-tract improvement, or on the determination made by the officer or Board charged with the duty of making assessments as to special benefits, and if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted for the application. Where a developer pays the amount determined as his or her proportion of the total cost of the improvement under protest, he or she shall institute legal action within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

Assessments of properties. Upon receipt from the applicant of his or her proportion of the total cost of the off-tract improvement, the Borough may adopt a local improvement assessment ordinance for the purpose of construction of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed by the Borough against any property owners who benefit from the improvement. Any assessments made against the applicant or his or her successors or assigns for benefits conferred shall be first offset by a credit for the payment made by the applicant pursuant to Subsection G. above. The applicant or his or her successors or assigns shall not be liable for any part of any assessment for such improvements unless the assessment exceeds the credit for payment previously made, and then only to the extent of the deficiency.

Credit for work performed. In the event that the applicant, with the Borough's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Borough in the same manner as if the applicant had made a payment pursuant to Subsection G. above.

Installation of improvements by applicant. At the option of the Borough, and with the consent of the applicant, the Borough may enter into a contract with the applicant providing for the construction of off-tract improvements by the applicant upon contribution by the Borough of the remaining unallocated portion of the cost of the off-tract improvement. In the event that the Borough so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Borough shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

Compliance with design criteria. Should the applicant and the Borough enter into a contract for the construction and erection of the off-tract improvement to be done by the applicant, he or she shall observe all requirements and principles of this chapter in the design of such improvements.

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 Board Secretary shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor.

Each such certificate shall be designated a "certificate as to approval of subdivision of land", and shall certify the following:

The Board Secretary shall charge a fee for such certificate as provided in Article V of this chapter, which fee shall be paid by the Board Secretary to the Borough of Somerville.

The Board Secretary 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.

Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information contained therein shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of § 102-61.

If the Board Secretary fails to issue the same within fifteen (15) days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to § 102-61.

Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.

The corporation shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be.

If a corporation or partnership owns ten percent (10%) or more of the stock of a corporation, or ten percent (10%) or greater interest in a partnership, subject to disclosure pursuant to this section, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or of ten percent (10%) or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten percent (10%) ownership criterion established in this section have been listed.

The Planning Board, Zoning Board of Adjustment or Borough Council shall not approve any application of any corporation or partnership that does not comply with the provisions of this section.

Any corporation which conceals the names of the stockholders owning ten percent (10%) or more of its stock, or of the individual partners owning a ten percent (10%) or greater interest in the partnership, as the case may be, shall be subject to a fine of one thousand dollars ($1,000) to ten thousand dollars ($10,000) which shall be recovered in the name of the Borough of Somerville in any court of record in the State in a summary manner pursuant to "The Penalty Enforcement Law".