Union City Zoning Code
PART 5
Development Application Review
§ 170-2701 Subdivisions.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the subdivision or resubdivision of land, application for subdivision approval shall be submitted to and approved by the Planning Board or Zoning Board of Adjustment in accordance with the requirements of this Part 4. When reviewing an application for residential development, the Planning Board or Zoning Board of Adjustment shall comply with the procedures and standards contained in the New Jersey Residential Site Improvement Standards prepared in accordance with N.J.S.A. 40:55-40.4 and contained in the New Jersey Administrative Code under N.J.A.C. 5:21, effective June 3, 1997, which are hereby adopted by reference.
§ 170-2702 Site plans.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the issuance of a construction permit, certificate of occupancy, conditional use or other permit as may be required, application for site plan approval shall be submitted to and approved by the Planning Board in accordance with the requirements of this Part 4, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval. Specifically, site plan approval shall be required for any new building or conditional use, any addition to an existing building, any change in use and any off-street parking area or alteration of or addition to any existing parking lot. Site plan approval shall not be required for any change in use within the DC Zone, provided the proposed use is a permitted use within the zone. Site plan approval shall not be required for the installation and/or replacement of underground fuel and oil tanks when no additional site construction is proposed. The installation and/or replacement of said tanks shall require a construction permit and shall be constructed in accordance with all applicable regulations and codes.
§ 170-2703 Board of Adjustment review.
[Amended 8-23-2022 by Ord. No. 5739]
In the event that the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act in the same manner as the Planning Board as provided in this Part 4.
§ 170-2704 Submission of conceptual plan.
[Amended 8-23-2022 by Ord. No. 5739]
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 development. The developer shall not be required to submit any fees for such an informal review. 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.
§ 170-2705 Filing requirements; contents of application.
[Amended 8-23-2022 by Ord. No. 5739]
A.
The applicant shall submit one copy of the development application forms signed by the Zoning Officer and one set of plans, together with stormwater calculations and sanitary sewer developmental impact assessment form and a detailed narrative of proposed use, for completeness review. When advised, in writing, by the Planning Board Clerk that the application is complete, the following items must be submitted, at which time an application number and hearing date will be set.
B.
An application for development shall include the following:
(1)
Development application master form (all submissions).
(2)
Development application: major and minor subdivisions.
(3)
Development application: site plan approval.
(4)
Development application: variance relief. All variances must be listed by section number.
(5)
Development application: conditional use approval.
(6)
Stormwater detention calculation form.
(7)
Sanitary sewer developmental impact assessment form.
(8)
Twenty copies of plans: folded eight-and-one-half-by-eleven-inch packets with title block exposed and a copy of applications attached.
(9)
Detailed narrative of proposed use (principal points).
(10)
Documentation of compliance with the performance standards of Article 17 and design requirements of Articles 25 and 26.
(11)
Fees pursuant to Part 6.
(12)
Statement of ownership.
(13)
Proof of payment of taxes.
(14)
Proof of public notice publication two days prior to hearing.
(15)
Proof of public notice to property owners within 200 feet two days prior to hearing.
(16)
Approval of the Union County Planning Board: all site plans for projects location on county roads and all subdivisions.
(17)
A copy of any protective covenants or deed restrictions applying to the land to be subdivided or developed and certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(18)
An application for final approval shall also be accompanied by the following:
(a)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency and water company and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy.
(b)
A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
[1]
Installed all improvements in accordance with the requirements of this chapter; and/or
[2]
Posted a performance guaranty in accordance with § 170-3502 of this chapter.
(c)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 170-3504 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. If applicable, an as-built map showing the exact location of all improvements, including utilities and their elevation, may be required.
(d)
A deed conveying to the Township any drainage easement, sanitary sewer easement or utility easement which is required to be provided under the terms and conditions of preliminary approval.
(19)
Except as otherwise required, all information required above and such additional information studies and reports as may have been required by the Planning Board or Board of Adjustment, including but not limited to, traffic studies, economic studies, environmental impact studies and wetland surveys, shall be filed with the Board by the time notice of hearing is given, but in no event later than two weeks prior to the date of hearing.
§ 170-2706 Incomplete applications.
[Amended 8-23-2022 by Ord. No. 5739]
If the application for development is found to be incomplete, the developer shall be notified in writing by the administrative officer within 45 days of submission of such application, or it shall be deemed to be properly submitted. The application shall not be deemed incomplete for lack of any additional information or any revisions in the accompanying documents as may be required by the Planning Board. An application shall be certified as completed immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Planning Board and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Planning Board.
§ 170-2707 Conformity with state provisions regarding highway access.
[Amended 8-23-2022 by Ord. No. 5739]
Subdivision and site plan approvals are required to be in conformity with any state highway access management code adopted by the State Commissioner of Transportation under Section 3 of the State Highway Access Management Act, P.L. 1989, c. 32 (N.J.S.A. 27:7-91).
§ 170-2801 Distribution of submission materials.
[Amended 8-23-2022 by Ord. No. 5739]
At least 10 days prior to the first regularly scheduled monthly meeting of the Planning Board, the administrative officer shall retain one copy of all required submissions and shall then immediately distribute remaining materials in the following manner:
A.
Chairman of the Board: one copy of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
B.
County Planning Board: one copy of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
C.
Construction Code Official/Secretary of the Board of Adjustment: one copy of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
D.
Township Engineer: one copy of preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
E.
At the direction of the Board, additional copies shall be sent to other municipal, county and state agencies and officials.
§ 170-2802 Hearing.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
Upon determination that an application is complete, the Planning Board shall schedule a hearing on the application in accordance with the procedures set forth in § 170-506.
§ 170-2803 Action by Planning Board.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
A.
An application shall be granted or denied within the times of submission of a complete application prescribed below, or within such further time as may be consented to by the applicant:
Type of Application | Period of Time For Action By Planning Board (days) |
|---|---|
Minor subdivision | 45 |
Minor site plan | 45 |
Preliminary subdivision | |
10 lots or fewer | 45 |
More than 10 lots | 95 |
Preliminary site plan | |
10 acres of land or less | 45 |
10 dwelling units or fewer | 45 |
More than 10 acres of land | 95 |
Greater than 10 dwelling units | 95 |
Final subdivision | 45 |
Final site plan | 45 |
Applications as provided in § 170-311 | 95 |
B.
Failure of the Planning Board to act within the period prescribed for acting upon applications for final site plan or final major subdivision approval shall constitute final approval, and a certificate of the administrative officer 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.
§ 170-2804 Review by County Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
Whenever review or approval of an application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon the 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.
§ 170-2805 Notification of applicant.
[Amended 8-23-2022 by Ord. No. 5739]
The applicant shall be notified of the action of the Planning Board within one week of its action and shall be furnished with a signed copy of any plat or plan granted approval.
§ 170-2806 Distribution of approved plan.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
Upon approval of an application, copies of the plat or site plan be filed by the Planning Board with the following:
A.
Township Clerk.
B.
Township Engineer.
C.
Township Construction Code Official and Zoning Officer.
D.
Township Tax Assessor.
§ 170-2901 Site plans.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the issuance of a construction permit, certificate of occupancy, conditional use or other permit as may be required, application for site plan approval shall be submitted to and approved by the Planning Board in accordance with the requirements of this Part 5, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval. Specifically, site plan approval shall be required for any new building or conditional use, any addition to an existing building, any change in use and any off-street parking area or alteration of or addition to any existing parking lot. Site plan approval shall not be required for any change in use within the DT or DC Zone, provided the proposed use is a permitted use within the zone. Site plan approval shall not be required for the installation and/or replacement of underground fuel and oil tanks when no additional site construction is proposed. The installation and/or replacement of said tanks shall require a construction permit and shall be constructed in accordance with all applicable regulations and codes.
§ 170-2902 Filing requirements; contents of application.
[Amended 8-23-2022 by Ord. No. 5739]
A.
The applicant shall submit one copy of the development application forms signed by the Zoning Officer and one set of plans, together with stormwater calculations and sanitary sewer developmental impact assessment form and a detailed narrative of proposed use, for completeness review. When advised, in writing, by the Planning Board Clerk that the application is complete, the following items must be submitted, at which time an application number and hearing date will be set.
B.
An application for development shall include the following:
(1)
Development application master form (all submissions).
(2)
Development application: major and minor subdivisions.
(3)
Development application: site plan approval.
(4)
Development application: variance relief. All variances must be listed by section number.
(5)
Development application: conditional use approval.
(6)
Stormwater detention calculation form.
(7)
Sanitary sewer developmental impact assessment form.
(8)
Twenty copies of plans: folded eight-and-one-half-by-eleven-inch packets with title block exposed and a copy of applications attached.
(9)
Detailed narrative of proposed use (principal points).
(10)
Documentation of compliance with the performance standards of Article 17 and design standards of Part 4.
(11)
Fees pursuant to Part 6.
(12)
Statement of ownership.
(13)
Proof of payment of taxes.
(14)
Proof of public notice publication two days prior to hearing.
(15)
Proof of public notice to property owners within 200 feet two days prior to hearing.
(16)
Approval of the Union County Planning Board: all site plans for projects location on county roads and all subdivisions.
(17)
A copy of any protective covenants or deed restrictions applying to the land to be subdivided or developed and certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(18)
An application for final approval shall also be accompanied by the following:
(a)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency and water company and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy.
(b)
A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
[1]
Installed all improvements in accordance with the requirements of this chapter; and/or
[2]
Posted a performance guaranty in accordance with § 170-3502 of this chapter.
(c)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 170-3504 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. If applicable, an as-built map showing the exact location of all improvements, including utilities and their elevation, may be required.
(d)
A deed conveying to the Township any drainage easement, sanitary sewer easement or utility easement which is required to be provided under the terms and conditions of preliminary approval.
(19)
Except as otherwise required, all information required above and such additional information studies and reports as may have been required by the Planning Board or Board of Adjustment, including but not limited to traffic studies, economic studies, environmental impact studies and wetland surveys, shall be filed with the Board by the time notice of hearing is given, but in no event later than two weeks prior to the date of hearing.
C.
Waiver of site plan review.
(1)
An applicant seeking approval of a permitted change in use or modification of an existing conforming use, except where otherwise exempted under § 170-2702, may apply for a waiver of site plan review, provided that such change in use or modification of an existing conforming use would not involve any of one or more of the following:
(a)
Any structural alteration to the exterior of the building.
(b)
Any anticipated increase in the number of occupants beyond four.
(c)
Any storm drainage installation or need for the same as determined by the Township Engineer.
(d)
Any increase in the peak flow rate of stormwater runoff from the point of interest.
(e)
Redirecting of stormwater runoff.
(f)
A change in any vehicular traffic circulation patterns.
(g)
Any previous site plan approval with conditions of approval that would be affected by the proposed development.
(2)
An applicant meeting the requirements specified for waiver of site plan review may elect to apply for an expedited waiver of site plan (EWSP) to the Planning Board.
(3)
Expedited waiver of site plan (EWSP) procedure.
(a)
Administration of EWSP procedure.
[1]
The EWSP procedure shall be administered by a four-member EWSP Committee consisting of the following Township officials:
[a]
Zoning Officer;
[b]
Planning Board Chairperson;
[c]
Planning Board Attorney;
[d]
Township Engineer, who shall serve as the Committee Chairperson.
[2]
Should the Township Engineer also hold the position of Zoning Officer, then the fourth member of the Committee shall be appointed by the Chairman of the Planning Board. The member shall be part of the Planning, Construction or Zoning Department staff or a Class II or Class IV member of the Planning Board. In appointing said member, the Chairman shall consider the availability of the prospective member to attend EWSP meetings during normal business hours within the time periods hereinafter required. The term of the Committee member appointed by the Chairman of the Planning Board shall be made yearly at the reorganization meeting of the Planning Board.
(b)
The EWSP Committee will meet twice a month to review expedited waiver of site plan applications, unless there are no pending applications.
(c)
EWSP Committee approval/referral.
[1]
The ESWP Committee must convene with a quorum of three members, and an approval requires the affirmative vote of three Committee members.
[2]
Any approval shall be based on a determination that all of the requirements for waiver of site plan have been met. If the Committee determines that the application falls outside the scope of the procedure, denies the approval of the application or fails to grant unanimous approval, shall submit a site plan application to the Planning Board.
[3]
The Committee shall refer that application to the Planning Board if it determines that approval of the application is beyond its responsibility or authority.
[4]
Committee approval or referral to the Planning Board must be made within 10 working days after filing a complete application.
[5]
An EWSP application shall be deemed complete upon review and certification by the Township Engineer that the following have been submitted to the Planning Board Clerk:
[a]
A complete application form as provided by the Planning Board Clerk.
[b]
Certification of payment of taxes to date.
[c]
Payment of EWSP application fee.
[6]
The Planning Board Clerk shall maintain minutes of all EWSP Committee meetings and provide copies to the Planning Board.
§ 170-3001 Filing of applications; contents.
[Amended 8-23-2022 by Ord. No. 5739]
Application for minor subdivision or minor site plan approval shall be filed in accordance with Article 27 and shall contain all the data and information prescribed in § 170-3301 or 170-3302, as the case may be, and shall be designed in accordance with Article 25.
§ 170-3002 Approval or denial by Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board shall approve or deny the application within the time limit prescribed in § 170-2803. An approved plat shall be signed by the Chairman and the Secretary of the Planning Board. No further Planning Board approval shall be necessary.
§ 170-3003 Final approval.
[Amended 8-23-2022 by Ord. No. 5739]
Minor subdivision or minor site plan approval shall be deemed to be final approval by the Board, provided that the Board may condition such approval on terms ensuring the completion of improvements pursuant to Article 25.
§ 170-3004 Expiration of approval.
[Amended 8-23-2022 by Ord. No. 5739]
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. 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 Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.
§ 170-3005 Zoning requirements and general terms.
[Amended 8-23-2022 by Ord. No. 5739]
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted shall not be changed for a period of two years after the date of approval, provided that the approved minor subdivision shall have been duly recorded as provided in this Part 5.
§ 170-3006 Major subdivisions.
[Amended 8-23-2022 by Ord. No. 5739]
In the event it is determined that the application is a major subdivision, the plat shall be returned to the applicant for compliance with Articles 31 and 32.
§ 170-3101 Filing of applications; contents.
[Amended 8-23-2022 by Ord. No. 5739]
Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with Article 27, shall contain all information prescribed in § 170-3302 or 170-3305, as the case may be, and shall be in accordance with the design standards prescribed in Article 25 and, if applicable, Article 34.
§ 170-3102 Amended applications.
[Amended 8-23-2022 by Ord. No. 5739]
If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
§ 170-3103 Recommendations of other agencies.
[Amended 8-23-2022 by Ord. No. 5739]
The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted for review shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Municipal Professional Engineer approves the preliminary submission, such approval shall be noted on the plat.
§ 170-3104 Approval of plat or plan.
[Amended 8-23-2022 by Ord. No. 5739]
If the Board acts favorably on the preliminary plat or plan, the Chairman of the Board (or the Acting Chairman, in his absence) and the Secretary of the Board shall affix their signatures to at least 10 copies of the plat or plan, with a notation that it has been approved.
§ 170-3105 Rejection of plat or plan.
[Amended 8-23-2022 by Ord. No. 5739]
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan, and a resolution adopted setting forth the reasons for such rejections. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of such determination.
§ 170-3106 Rights conferred by preliminary approval.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Preliminary approval shall, except as provided in Subsection B below, confer upon the applicant the following rights for a three-year period of time from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to Article 13, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3)
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
B.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the 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.
§ 170-3201 Filing of applications; contents.
[Amended 8-23-2022 by Ord. No. 5739]
Application for approval of a final plat or a final site plan shall be filed in accordance with Article 27 and shall contain all the information prescribed in § 170-3303 or 170-3306, as the case may be. Said application shall be filed within the period prescribed in § 170-3205 and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
§ 170-3202 Other conditions to be met.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the grant of final approval, all provisions of Parts 4, 5, and 6 relating to installation of improvements, performance and maintenance guaranties, developer's agreement and other related conditions shall be met.
§ 170-3203 Amended applications.
[Amended 8-23-2022 by Ord. No. 5739]
If the applicant proposes any substantial amendment in the layout of improvements as shown on the preliminary plat or plan previously granted preliminary approval, an amended application shall be submitted and proceeded upon as in the case of the original application for preliminary approval.
§ 170-3204 Final approval.
[Amended 8-23-2022 by Ord. No. 5739]
In the event the Planning Board determines that the final plat or site plan complies with all the provisions of this chapter, the conditions of preliminary approval and all other applicable governmental requirements, it shall grant final approval, and the Chairman and Secretary of the Board (or the Acting Chairman and Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat, with a notation that it has been approved. The applicant shall furnish such copies to the Board for signing.
§ 170-3205 Rights conferred by final approval.
[Amended 8-23-2022 by Ord. No. 5739]
Final approval of a subdivision or site plan shall confer upon the applicant the following rights:
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Article 31, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that, in the case of a major subdivision, the rights conferred by this Part 5 shall expire if the plat has not been duly recorded within the time period provided in § 170-3206. 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 § 170-3206, the Planning Board 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 § 170-3106 for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board 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 thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board 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.
C.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
D.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.
§ 170-3206 Expiration of final approval; recording.
[Amended 8-23-2022 by Ord. No. 5739]
A.
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 Planning Board 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.
B.
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 by the administrative officer pursuant to § 170-3211 of this chapter. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 170-3211. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
§ 170-3207 Materials filed with Township Clerk.
[Amended 8-23-2022 by Ord. No. 5739]
After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the developer.
§ 170-3208 Final subdivision approval required prior to construction permit issuance.
[Amended 8-23-2022 by Ord. No. 5739]
No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and until said plat has been properly filed with the County Clerk within the time or extended time required by § 170-3206. Proof of filing shall be submitted to the Secretary of the Planning Board. The Construction Code Official shall not issue a construction permit until he has been notified by the Secretary of the Planning Board that proof of filing has been received.
§ 170-3209 Final site plan approval required prior to construction permit issuance.
[Amended 8-23-2022 by Ord. No. 5739]
A construction permit for any building or structure which is the subject of site plan review shall not be issued until final site plan approval is granted and all improvements completed or guaranties to insure completion have been posted in accordance with § 170-3502 of this chapter.
§ 170-3210 Certificates of occupancy.
[Amended 8-23-2022 by Ord. No. 5739]
No certificate of occupancy in connection with a site plan shall be issued until all improvements required as a part of final site plan approval by the Planning Board have been satisfactorily completed. The Township Engineer shall submit to the Planning Board and to the Construction Code Official or appropriate subcode official(s) a written report with respect to the installation of improvements relating to off-street parking, landscaping, storm waste disposal, sanitary sewage disposal and outdoor lighting, when such improvements have been installed in accordance with the plans therefor. The Construction Code Official or appropriate subcode official(s) shall submit a written report to the Planning Board when all other improvements have been installed in accordance with the plans therefor. No certificate of occupancy shall be issued for a period of 10 days after the Planning Board has received the foregoing reports. In the event that the Chairman or Secretary of the Planning Board shall, within such period of 10 days, notify the Construction Code Official that any improvement has, in the opinion of the Board, not be installed in accordance with the development plan, the Construction Code Official shall not issue a certificate of occupancy until the Planning Board authorizes its issuance.
§ 170-3211 Certification of certain subdivisions.
[Amended 8-23-2022 by Ord. No. 5739]
A.
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 the effective date of the Municipal Land Use Law may apply, in writing, to the Subdivision Certifying Officer 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.
B.
The Subdivision Certifying Officer shall make and issue such certificate within 15 days after the 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 office.
C.
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
Whether there exists in the Township a duly established Planning Board and whether there is an ordinance controlling the subdivision of land adopted under the authority of this act.
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in Chapter 291, Laws of New Jersey 1975.
§ 170-3301 Minor subdivision plats.
[Amended 8-23-2022 by Ord. No. 5739]
A minor subdivision plat shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal and license number and address of said professional engineer and/or land surveyor. The plat shall be drawn at a scale of not more than 50 feet to the inch on one of two standard size sheets, namely 18 inches by 24 inches or 24 inches by 36 inches, to enable the entire tract to be shown on one sheet and shall show or include the following information:
A.
A key map showing the entire tract and its relation to surrounding areas.
B.
The location of that portion which is to be subdivided in relation to the entire tract.
C.
All existing structures and wooded areas within the subdivision and within 200 feet thereof.
D.
The name of the owner of record of the tract to be subdivided and the name of the subdivider, if other than the owner.
E.
The Tax Map sheet, block and lot number of the tract to be subdivided.
F.
All properties within 200 feet of any part of the tract to be subdivided and the Tax Map sheet, block and lot numbers and owners thereof as disclosed by the most recent municipal tax records.
G.
All streets and roads and streams within 200 feet of the subdivision.
H.
The existing right-of-way and pavement width of any street abutting the property. Dedication of additional right-of-way, if specified in the Master Plan or Official Map, shall also be shown.
I.
Marshes, ponds and land subject to flooding within the subdivision and within 200 feet thereof.
J.
Such additional information as the Planning Board may reasonably require in order to make an informed decision on the application.
§ 170-3302 Preliminary subdivision plat.
[Amended 8-23-2022 by Ord. No. 5739]
A.
A preliminary subdivision plat shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest-adopted rules and regulations of the State Professional Boards and shall bear the signature, seal and license number and address of said professional person. The plat shall be drawn at a scale of not more than 50 feet to the inch on one of two standard size sheets, namely 18 inches by 24 inches or 24 inches by 36 inches. If one sheet is not sufficient to contain the entire property, the plat may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
B.
The preliminary plat shall show or include the following information:
(1)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 1,000 feet.
(2)
Title block:
(a)
Name of the subdivision, municipality and county.
(b)
Name and address of subdivider on the application form provided by Planning Board.
(c)
Name and address of the owner or owners of record and the names and addresses of all property owners (on the application form provided by Planning Board) within 200 feet of the extreme limits of the tract, as shown on the most recent tax list prepared by the Township Tax Assessor.
(d)
Name, address, signature and license number of the professional person who prepared the drawing.
(e)
Acreage of tract to the nearest 1/10 acre.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided, as they appear on the Municipal Tax Map, and the proposed block and lot numbers, as provided by the Township Tax Assessor, upon written request.
(6)
Subdivision boundary line (heavy solid line).
(7)
Zoning district boundaries affecting the tract.
(8)
The location, size and nature of the entire lot or lots in question and any contiguous to lots owned by the applicant or in which the applicant has a direct or indirect interest.
(9)
Dimensions of all existing and proposed property lines and the minimum front, rear and side yard setback line for each proposed lot.
(10)
Existing contours, with intervals of one foot where slopes are 3% or less, and two feet where slopes are more than 3%, referred to a known datum and to be indicated by a dashed line. Where any change in contours are proposed, finished grades should be shown as a solid line.
(11)
Locations of all existing and proposed structures, showing front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(12)
The proposed finished grade elevations at the corners of any structure or structures; and the lowest elevation within any proposed structure after its completion.
(13)
The location, size and nature of all existing and proposed drainage rights-of-way or easements and the location, size and description of any lands to be dedicated to the municipality or county.
(14)
The layout and size of existing and proposed public streets.
(15)
The locations and dimensions of existing and proposed easements, railroad rights-of-way, bridges and natural features, such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
(16)
The elevation of any existing or proposed pumping facilities.
(17)
The nature and extent of any construction alterations or repairs.
(18)
The locations and species of all existing trees or groups of trees having a caliper of eight inches or more, measured three feet above ground level, shall be shown. The proposed location of shade trees to be provided shall also be indicated.
(19)
All existing and proposed watercourses, including lakes and ponds, shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval of required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the subdivision.
(b)
Cross-sections of watercourse and/or drainage swales at any approximate scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses a boundary of the tract.
[2]
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any proposed and/or existing culvert or bridge within the tract and within 1,000 feet downstream of the tract.
[3]
At fifty-foot intervals up to 300 feet upstream and downstream of any point of the juncture of two or more watercourses within 1,000 feet of the tract.
[4]
At a maximum of 500-foot intervals at not less than two locations along each watercourse which runs through or within 500 feet of the tract.
[5]
When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown or accompany it.
[6]
The boundaries of the floodplains of all watercourses within or adjacent to the tract.
(c)
The total acreage in the drainage basin of any watercourse running through or adjacent to a tract in the area upstream of the tract.
(d)
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.
(e)
The location and extent of drainage and conservation easements and stream encroachment lines.
(f)
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
(20)
The application shall include plans and computations for any storm drainage systems, including the following:
(a)
All existing or proposed storm sewer lines within or adjacent to the tract, showing size and profile of the lines, direction of the flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water or soil conservation devices.
(21)
Proof of stream encroachment lines obtained from the Department of Environmental Protection.
(22)
The extent of filling of the land, if any.
(23)
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls and water retention facilities.
(24)
All the pertinent rainfall data, stream flow data, gaugings, etc., on which calculations were based.
(25)
Complete calculations, hydraulic profiles for normal, average and storm of record shall be submitted with the application.
(26)
Where required by the Planning Board, the developer shall furnish information in relation to subsurface conditions, based on percolation tests and soil borings or probes.
(27)
The location of existing utility structures such as water and sewer mains, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
(28)
Plans of proposed improvements and utility layouts, including sewers, storm drains, water, gas, telephone and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township and state agencies, and the results of percolation tests shall be submitted under conditions designated by the Township Board of Health.
(29)
Plans, typical cross-sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract, based on the vertical datum specified by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be so clearly indicated at intersections.
(30)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(31)
Proposed permanent monuments shall be shown.
(32)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area.
§ 170-3303 Final subdivision plat.
[Amended 8-23-2022 by Ord. No. 5739]
The final plat shall be drawn in accordance with the requirements of the Map Filing Law, Chapter 141 of the Laws of 1960. The final plat shall show the following:
A.
Name and location of the subdivision, name and address of the owner of record, name and address of the subdivider, if other than the owner, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, lot areas, bearings or deflection angles and radii, arcs and central angles of all curves.
C.
Each block shall be numbered, and the lots within each block shall be numbered in accordance with the chronological scheme employed by the Township Tax Map. This information shall be obtained from the Township Tax Assessor.
D.
The purpose of any easement or land reserved or dedicated to the public use and the proposed use of any sites for other than residential purposes.
E.
Minimum building setback line on all lots and other sites.
F.
Location and description of all monuments.
G.
Names of owners of adjoining lands.
H.
Certification by a licensed surveyor as to the accuracy of details of plat. All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of 1:10,000 and the dimensions of all lot lines to within 1:20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to United States Geological Survey (USGS) benchmarks with data on the plat as to how the bearings were determined.
I.
The final submission shall be accompanied by the following documents:
(1)
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(2)
Cross-sections, profiles and established grades of all streets, as approved by the Township Engineer.
(3)
Plans and profiles of all storm and sanitary sewer and water mains, as approved by the Township Engineer.
(4)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency and water company and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy.
(5)
A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify, in writing, to the Board that he has:
(a)
Installed all improvements in accordance with the requirements of this chapter; and/or
(b)
Posted a performance guaranty in accordance with § 170-3502 of this chapter.
(6)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 170-3504 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. If applicable, an as-built map, showing the exact location of all improvements, including utilities and their elevations, may be required.
§ 170-3304 Minor site plan.
[Amended 8-23-2022 by Ord. No. 5739]
Where applicable to the proposed use, a minor site plan application shall be accompanied by such information as required in § 170-3305 for a preliminary site plan in order to allow the Planning Board to make an informed decision of the application.
§ 170-3305 Preliminary site plan.
[Amended 8-23-2022 by Ord. No. 5739]
A.
A preliminary site plan shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest adopted rules and regulations of the state professional boards and shall bear the signature, seal and license number and address of said professional person. The plat shall be drawn at a scale of not more than 50 feet to the inch on one of two standard size sheets, namely 18 inches by 24 inches or 24 inches by 36 inches. If one sheet is not sufficient to contain the entire property, the plan may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
B.
Contents of preliminary site plan.
(1)
The preliminary site plan shall include such details as may be necessary to properly evaluate the application and determine compliance with this chapter, and, where applicable to the proposed use or construction, the following information shall be clearly shown:
(a)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 1,000 feet.
(b)
Title block:
[1]
Name of the development, municipality and county.
[2]
Name and address of the developer on the application form provided by the Planning Board.
[3]
Name and address of the owner or owners of record and the names and addresses of all property owners (on the application form provided by the Planning Board) within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
[4]
Name, address, signature and license number of the professional person who prepared the drawing.
[5]
Acreage of tract to the nearest 1/10 acre.
(c)
Scale and North arrow.
(d)
Date of original preparation and of each subsequent revision thereof.
(e)
Existing block and lot number(s), as they appear on the Municipal Tax Map, and proposed block and lot numbers, as provided by the Township Tax Assessor, upon written request.
(f)
Development boundary line (heavy solid line).
(g)
Zoning district boundaries affecting the tract.
(h)
Existing contours, with intervals of one foot where slopes are 3% or less, and two feet where slopes are more than 3%, referred to a known datum and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as a solid line. The plan shall also show the highest and lowest elevation of the finished grade at the foundation and at a distance of 15 feet from the foundation.
(i)
Locations of all existing and proposed structures, showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed.
(j)
The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
(k)
The locations and species of all existing trees or groups of trees having a caliper of eight inches or more measured three feet above ground level shall be shown. The proposed location of shade trees to be provided shall also be indicated.
(l)
All pertinent watercourse, storm drainage facilities and calculations, grading and other related information applicable to the site plan as described in § 170-3302B(11) through (30).
(m)
All dimensions necessary to confirm conformity to this chapter, such as structure, setbacks, structure heights and yard areas.
(n)
The proposed location and direction of illumination, power and type of proposed outdoor lighting, including size and height of fixtures.
(o)
A preliminary screening, buffering the landscaping, including a landscaping plan.
(p)
The location, size and description of all proposed signs.
(q)
The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers, and make-ready parking spaces and electric vehicle supply/service equipment (EVSE).
(r)
All means of vehicular access and egress to and from the site on the public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation. The right-of-way lines of all public streets abutting the property shall be shown. Right-of-way lines of state highways shall be as provided by NJDOT. Sight triangle design criteria shall be incorporated for all ingress and egress driveways and driving aisles where said driveway and driving aisles intersect with pedestrian sidewalks or walkways.
(s)
Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.
(t)
Tentative building floor plans and front, rear and side building elevations showing building heights and building materials, drawn by an architect or professional engineer licensed by the State of New Jersey. The plans shall be at a scale of not less than 1/8 inch equals one foot. Building height shall be expressed in terms of elevation in relation to ground elevations as shown on the site plan.
(u)
Specification for and location of proposed surface paving and curbing.
(2)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information may include but not be limited to drainage calculations and traffic analyses.
C.
Contents of architectural plan.
[Added 10-8-2024 by Ord. No. 5829]
(1)
Architect shall provide depictions of the front, side and rear elevations of the structure along with the floor plan of each story and provide the overall building height.
§ 170-3306 Final site plan.
[Amended 8-23-2022 by Ord. No. 5739]
Except as provided below, the site plan and related drawings, including front, rear and side building elevations, which were granted preliminary approval by the Planning Board shall satisfy the application requirements for final approval of a conventional site plan unless modifications, approved by the Township Engineer were made subsequent to preliminary approval. In such instances, revised drawings shall be submitted with the final site plan application. When final approval of only a section of a site plan is being sought, a final site plan of the section, showing all applicable details prescribed in § 170-3305, shall be submitted. These provisions shall not be construed as exempting the applicant from filing the required application forms and fees. Notwithstanding the foregoing, an application for final site plan shall include the following:
A.
Final architectural drawings, showing floor plans and front, rear and side building elevations.
B.
A detailed landscaping plan, showing the location, size and species of all plantings.
C.
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
D.
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency and water company and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy.
E.
A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify, in writing, to the Board that he has:
(1)
Installed all improvements in accordance with the requirements of this chapter; and/or
(2)
Posted a performance guaranty in accordance with § 170-3502 of this chapter.
F.
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 170-3504 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. If applicable, an as-built map, showing the exact location of all improvements, including utilities and their elevation, may be required.
§ 170-3401 Exceptions.
[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions herein, if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 170-3402 Sales prior to final approval.
[Amended 8-23-2022 by Ord. No. 5739]
A.
If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, 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.
B.
In addition to the foregoing, the Township may institute and maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of the Municipal Land Use Law (N.J.S.A. 40:55D-56). In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
