The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment and subject to the same extent and restrictions of the Zoning Board of Adjustment on the following matters when the Planning Board is reviewing applications for approval of subdivision plans, site plans or conditional uses. Whenever relief is requested pursuant to this subsection, public notice shall be given and shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or uses on a lot shall not require site plan approval; except that the use of any existing or proposed principal or accessory building for a "Home Occupation" as defined and permitted by this chapter shall require "Minor Site Plan" approval prior to the issuance of a construction permit or Certificate of Occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other Ordinances.

Any change of use from one permitted category of non-residential use to another permitted category of non-residential use shall not require site plan approval if:

Permitted accessory structures to residential and agricultural/horticultural uses shall not require site plan approval.

Building alterations shall not require site plan approval if the following conditions apply as determined by the Construction Official during the review of an application for a construction permit:

Permitted fences not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit.

Permitted signs not included as part of a site plan application shall not require site plan approval, but shall require the issuance of a zoning permit except as exempted in § 35-512 of this chapter.

An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to by-pass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.

At the request of a developer, and prior to the submission of an application for development, the Planning Board or a committee thereof appointed by the Planning Board Chairman with the concurrence of the Board, shall grant one informal review regarding a concept plan for a development for which a developer intends to prepare and submit an application for development.

The developer shall be required to pay a fee for an informal presentation of a concept plan in accordance with § 35-901 of this chapter, which fee shall be credited towards the fee for review of a development application, if subsequently submitted; moreover, no professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account also in accordance with § 35-901 of this chapter.

The developer shall not be bound by any concept plan for which the review is requested, and the Planning Board shall not be bound by any such review. Moreover, in accordance with applicable law, no formal action shall be taken by the Planning Board.

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least 30 days prior to the regular meeting of the Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

A key map showing the entire tract and its relation to the surrounding area at a scale of one inch equals not more than 2,000 feet.

Title block in accordance with the rules governing "title blocks" for professional engineers (N.J.S.A. 45:8-36), including:

North Arrow.

Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way).

Certification that the applicant is the owner of the land or his/her properly authorized agent, or certification from the owner that he or she has given his/her consent under an option agreement.

If the applicant is a partnership or a corporation, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation in accordance with N.J.S.A. 40:55D-48.1 et seq.

Approval signature and date lines:

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot number(s) as provided by the Township Tax Assessor upon written request.

Tract boundary line (heavy solid line), any existing and proposed subdivision or property line(s) within the tract, and the existing and proposed number of lots.

Zoning district(s) affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.

The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, and natural features such as treed areas, both within the tract and within 100 feet of its boundary.

The location and width of all existing and proposed utility easements and rights-of-way, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), the number of lots being created, structure setbacks, structure heights, yards and building and lot coverages.

Proposed buffer and landscaped areas and the location and identification of existing vegetation with an indication as to whether it is to remain or be removed.

Delineation of streams, ponds, flood plains, marshes, wetlands, wetland buffers and lands subject to flooding within the tract and within 100 feet thereof.

Contours as shown on U.S.G.S. topographic sheets and proposed grades.

The name of all adjacent property owners and adjacent block and lot numbers as they appear on the most recent tax list prepared by the Township Tax Assessor.

Certification from the Township Tax Collector that all taxes and assessments are paid to date, and certification from the Chief Financial Officer that all prior escrow fees have been posted.

Concerning minor subdivisions only, existing and proposed monuments.

Concerning minor site plans only, lighting details, sign details, circulation and parking details and drainage calculations and proposed drainage improvements and details.

Proposals for Soil Erosion and Sediment Control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Monmouth County Soil Conservation District.

No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be granted to the Township of Upper Freehold or other appropriate governmental agency.

Plans of proposed improvements and utility layouts.

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval and required signatures prior to filing with the County Recording Officer.

If the proposed lot(s) is (are) not served by a sanitary sewer, date of approval by the Township Board of Health of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s) and boring(s), soil logs, proposed location of the septic disposal areas, test results, soil types, percolation rates and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable Township Board of Health Ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.

A list of all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal government. Where approvals have been granted, copies of said approvals shall be submitted.

In addition to the plans required above, one copy must be submitted in either an AutoDesk AutoCAD (.DXF/.DWG) or ESRI ArcGIS (.shp) or Geodatabase format.

The electronic submission shall be prepared to be compatible with the Township's Geographic Information System (GIS). The drawing, prepared by a NJ Licensed Land Surveyor, and delivered on a 3.5 inches floppy disk or a compact disc (CD).

All required information as described in § 81-803 appearing on the final plat shall be included as separate layers or as informational attributes within the drawing.

The file must be drawn as its real NJ Plane Coordinate NAD83 (or the most current State plane coordinate system) positions and the view must be unrotated so that the NJPLS North points orthographically up (vertical) on the screen.

The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract. These monument markers shall be identified in US Survey Feet.

A waiver for electronic submission of Minor Subdivision Plats and Minor Site Plans may be requested from the Municipal Engineer for residents not having access to CAD of GIS technology.

The Board reserves the right to require additional information before granting 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 shall include, but not be limited to, an Environmental Impact Statement and/or Traffic Impact Statement, provided, however, that no application shall be deemed incomplete for the lack of such additional information.

In the case of minor subdivisions only, the applicant shall post the moneys required pursuant to Subsection 35-901A15 of this chapter to revise the Township Tax Map Sheets to indicate the approved subdivision.

The Township Engineer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Township Engineer fails to make a determination of completeness, as the case may be, the applicable time period within which the Planning Board or Zoning Board of Adjustment must act upon the application shall commence.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 35-801A2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed in Subsection 35-803C4 hereinabove unless said minor subdivision or minor site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and Subsection 35-702D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Upon request of the Board, members of the Board's professional staff shall review the submission to ascertain its conformity with the requirements of this chapter and shall offer recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be.

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

For any application that is heard by the Planning Board or Zoning Board of Adjustment, as the case may be, and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made upon the plan after review by the Township Engineer and a determination that the plan conforms to the terms of approval. Thereafter, at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Administrative Officer, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Administrative Officer shall forward the applicant, the Township Engineer and the Board Attorney an individual copy of the approved resolution, adopted in accordance with § 35-706F of this chapter, within 10 days of its adoption by the Board.

When a minor subdivision or minor site plan is disapproved by the Board, the Administrative Officer, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Administrative Officer shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 35-706F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Any resolution by the Board shall be deemed to include a contingency that all necessary approvals by other agencies having jurisdiction over any aspect of the proposed development are required as a condition of the Board's approval.

Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P.L. 190 c. 141 (C.46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer; provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance.

The Board may extend the 190-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Board:

The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan.

Before the Administrative Officer returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 1,000 feet.

Title block in accordance with the rules governing "title blocks" for professional engineers (N.J.S.A. 45:8-36), including:

North arrow.

Certification that the applicant is the owner of the land or his/her properly authorized agent, or certification from the owner that he or she has given his/her consent under an option agreement.

If the applicant is a partnership or a corporation, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation as required by N.J.S.A. 40:55D-48.1 et seq.

Approval signature and date lines:

Acreage to the nearest tenth of an acre (both within and without areas within public rights-of-way) and a computation of the area of the tract to be disturbed.

The name(s) and block and lot number(s) of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.

Tract boundary line (heavy solid line), any existing and proposed subdivision or property line(s) within the tract, and the existing and proposed number of lots.

Zoning district(s) affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development, and all zoning district(s) within 200 feet of the tract.

The location of man-made and natural features such as bridges, wetlands, treed areas, high points, marshes and depressions, both within the tract and within 100 feet of its boundaries. A Letter of Interpretation (LOI) from the State Department of Environmental Protection shall be submitted for all delineated wetlands.

The location and species of all existing individual trees or groups of trees having a caliper of six inches or more measured three feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development, indicating which trees are to remain and which are to be removed.

A Landscape Plan showing the proposed location of all proposed plantings, screening and buffering, a legend listing the botanical and common names, the sizes at the time of planting, a planting schedule, method of irrigation, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

If the proposed lot(s) is (are) not served by a sanitary sewer, date of approval by the Township Board of Health of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s) and boring(s), soil logs, proposed location of the septic disposal areas, test results, soil types, percolation rates and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable Township Board of Health Ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.

All existing and proposed water courses within the tract and within 200 feet of the tract shall be shown and be accompanied by the following information:

Existing and proposed contours with intervals of one foot where slopes are less than 5%; with intervals of two feet where slopes are shown between 5% and 10%; and with intervals of five feet where slopes exceed 10%. All contour information shall be related to U.S.G.S. datum and the local benchmark utilized on the subject site. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line.

Proposals for Soil Erosion and Sediment Control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Monmouth County Soil Conservation District.

Locations of all existing structures and their uses, both within the tract and within 100 feet of its boundary, 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.

Size, height and location of all proposed buildings (including grades), structures, signs and fences, including details for any signs, fences and trash enclosures.

All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), the number of lots being created, structure setbacks, structure heights, yards and building and lot coverages. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

The proposed location, height, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles, luminaries and the hours and time of lighting.

Existing and proposed street and lot layout, with dimensions correct to scale, showing that portion proposed for development in relation to the entire tract, and existing lot lines to be eliminated.

The location and design of any off-street parking or loading area, showing size and location of bays, aisles and barriers, curbing and paving specifications.

All means of vehicular access and egress to and from the site onto public streets, showing the size and the location of driveways, sidewalks, fire lanes and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

The application shall include plans and computations for any storm drainage system including the following as may be required by the Township Engineer:

The location and size of existing structures such as water and sewer mains, valves, hydrants, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.

Plans, profiles and details of proposed improvements and utility layouts and feasible connections to gas, telephone and electrical utility systems.

Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract including street names. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specified datum supplied by the Township Engineer, including curbing, sidewalks, street trees and planting strips, storm drains and gutters, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections. The width of cartway and right-of-way, location and width of utility lines, type and width of pavement and final design grades shall be included.

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

The names, location and width of all existing and proposed easements and rights-of-way, the use(s) for which they are intended to be limited, the manner in which the easements will be controlled, and to whom they are granted.

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.

Certification from the Township Tax Collector that all taxes and assessments are paid to date, and certification from the Chief Financial Officer that all prior escrow fees have been posted.

An Environmental Impact Statement in accordance with Subsection 35-804C of this chapter.

A Traffic Impact Statement in accordance with Subsection 35-804D of this chapter.

A disclosure statement indicating adjacent land uses and a "Right To Farm" statement in accordance with § 35-607 of this chapter.

Evidence of the submission of the application(s) for other agency approvals having jurisdiction over the application and/or required by the Township Engineer.

Concerning major site plans only, the proposed use and operations of the buildings, the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation open to public use.

Concerning major site plans only, detailed floor plans of the entire structure, existing and proposed, and signed and sealed, scaled architectural elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, showing the exterior facade and materials to be used in construction and any attached signage.

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 shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of such additional information.

General Provisions.

The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Township. Therefore, the requirements for an Environmental Impact Statement pertaining to different types of development applications are listed below:

Submission Format.

When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

Disposition By The Board.

The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

General Provisions.

The impact on the existing road systems generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. Therefore, all preliminary major subdivision applications resulting in the generation of more than 10 lots and/or all preliminary major site plan applications shall be accompanied by a Traffic Impact Statement unless specifically waived by the Board. Any application for subdivision approval where less than 10 lots are involved and all applications for minor site plan approval, either before the Planning Board or Zoning Board of Adjustment, as the case may be, shall not require a Traffic Impact Statement unless specifically requested by the Board.

The requirement for a Traffic Impact Statement may be waived totally or partially by the Board only if sufficient evidence is provided indicating that the proposed project will have a negligible traffic impact, or, alternatively, that a complete report need not be prepared and submitted in order to evaluate adequately the specific traffic impact to be generated by the proposed development. The burden of demonstrating the exceptions hereinabove stated shall at all times rest with the applicant who must affirmatively demonstrate the basis for a waiver request.

Content Of Report.

The Traffic Impact Statement shall contain the following information:

Disposition By The Board.

The Board shall review the information furnished in the Traffic Impact Statement in the context of the overall design of the proposed development and the traffic impact of the proposed development on the affected road system. The information is to be used to determine whether or not the proposed development will create any negative impact(s) upon the roadway system, adjacent properties or the zone plan of the municipality. The Traffic Impact Statement shall be forwarded to the Township Traffic Consultant and/or Township Engineer for review and comment.

The Township Engineer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Township Engineer fails to make a determination of completeness, as the case may be, the applicable time period within which the Planning Board or Zoning Board of Adjustment must act upon the application shall commence.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 35-801A2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Subsection 35-801A2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsections 35-804E4 and 35-804E5 hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and Subsection 35-702D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Upon request of the Board, members of the Board's professional staff shall review the submission to ascertain its conformity with the requirements of this chapter and shall offer recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be.

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

All hearings held on applications for preliminary major subdivision and/or preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see Subsection 35-706D).

For any application that is heard by the Planning Board or Zoning Board of Adjustment, as the case may be, and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

When a preliminary plat or plan is approved by the Board, a notation to that effect, including the date of approval, shall be made upon the plan after review by the Township Engineer and a determination that the plan conforms to the terms of approval. Thereafter, at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). The Administrative Officer, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Administrative Officer shall forward the applicant, the Township Engineer and the Board Attorney an individual copy of the approved resolution, adopted in accordance with § 35-706F of this chapter, within 10 days of its adoption by the Board.

Any resolution by the Board shall be deemed to include a contingency that all necessary approvals by other agencies having jurisdiction over any aspect of the proposed development are required as a condition of the Board's approval.

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 in accordance with Subsection 35-704F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

Preliminary approval shall confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:

In the case of a subdivision or of a site plan for an area 50 acres or more, the Board may grant the rights referred to in Subsection 35-804F1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:

Whenever the Board grants an extension of preliminary approval pursuant to Subsections 35-804F1c or 35-804F2 hereinabove 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 an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals.

All details stipulated in Subsection 35-804B of this chapter.

All additional details required at the time of preliminary approval shall be submitted including a copy of the signed preliminary plat or plan in conformance with the resolution of approval.

In the case of major subdivisions only, the subdivision plat shall include all information and data required by the Map Filing Law, N.J.S.A. 46:22-91 et seq.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data including:

Evidence that a duplicate copy(ies) of the application for development has been filed with any other agency having jurisdiction over any aspect of the proposed development.

The final submission shall be accompanied by the following documents:

The Township Engineer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete:

On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event that the Township Engineer fails to make a determination of completeness, as the case may be, the applicable time period within which the Planning Board or Zoning Board of Adjustment must act upon the application shall commence.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Board shall take action of final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Upon request of the Board, members of the Board's professional staff shall review the submission to ascertain its conformity with the requirements of this chapter and shall offer recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be.

When a final subdivision or final site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made upon the plan after review by the Township Engineer and a determination that the plan conforms to the terms of approval. Thereafter, at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies. The Administrative Officer, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Administrative Officer shall forward the applicant, the Township Engineer and the Board Attorney an individual copy of the approved resolution, adopted in accordance with § 35-706F of this chapter, within 10 days of its adoption by the Board.

For any application that is heard by the Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 10 days prior to the hearing at which the new material is to be considered by the Board.

Any resolution by the Board shall be deemed to include a contingency that all necessary approvals by other agencies having jurisdiction over any aspect of the proposed development are required as a condition of the Board's approval.

After approval of the final plat or plan by the Board, the Administrative Officer shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 35-706F of this chapter:

In accordance with N.J.S.A. 40:55D-54 of the Municipal Land Use Law, within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Monmouth County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the date of filing for an additional 95 days.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Administrative Officer, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection 35-805D1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:

Whenever the Board grants an extension of final approval pursuant to Subsection 35-805D1b or 35-805D2 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.

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

The applicant, including authorized representatives of all lands within the subject planned development tract, shall submit a "General Development Plan" for review and approval by the Planning Board prior to, or simultaneous with, any application(s) for preliminary and/or final site plan or subdivision approval(s) for any portion of the proposed development.

Each application for "General Development Plan" (GDP) approval shall include the following as part of the initial submission to the Planning Board:

The Planning Board shall take action on the submitted application for "General Development Plan" (GDP) approval in accordance with the applicable requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.).

The term of the effect of the "General Development Plan" (GDP) approval shall be determined by the Planning Board using the guidelines in N.J.S.A. 40:55D45.1c of the Municipal Land Use Law, but shall not exceed 12 years from the date upon which the "GDP" initially is approved by the Board.

The development shall be constructed in accordance with the "General Development Plan" (GDP) most recently approved by the Planning Board, except as follows in accordance with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.):

In the event that a developer who has "GDP" approval does not apply for preliminary approval for the planned development which is the subject of that "GDP" approval within five years of the date upon which the "GDP" has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

In accordance with N.J.S.A. 40:55D-45.8 of the Municipal Land Use Law, in the event that a development which is the subject of an approved "GDP" is completed before the end of the term of the approval, the approval shall terminate with the completion of the development.

Any interpretation of the meaning and intent of any provision of this subsection shall be in accordance with N.J.S.A. 40:55D-45.1 through N.J.S.A. 40:55D-45.8 of the Municipal Land Use Law."