Class I. The Mayor.

Class II. One official of the Township, other than a member of the Township Council, to be appointed by the Mayor. The Environmental Commission member shall be the Class II member only if the Class IV membership includes both a member of the Board of Education and a member of the Zoning Board of Adjustment.

Class III. A member of the Township Council appointed by it.

Class IV. Eight other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. A member of the Environmental Commission who shall also be a member of the Planning Board, shall be a Class IV member, unless the Class IV membership includes both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II Planning Board Member. Of the eight members, two shall be appointed as alternate members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2". In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote.

The term of the member constituting Class I shall correspond with his or her official tenure.

The term of the member constituting Class II shall be for one year, or terminate at such time as the member is no longer an official of the Township, whichever occurs first. If the Class II member is also a member of the Environmental Commission, that member's term shall be for three years or shall terminate at such time as the member is no longer a member of the Environmental Commission, whichever occurs first.

The term of the member constituting Class III shall be for one year or terminate at such time as the member is no longer a member of the Township Council, whichever occurs first.

The term of a Class IV member who shall also be a member of the Board of Education or the Zoning Board of Adjustment shall terminate whenever that member is no longer a member of such other body or at the completion of his or her Class IV membership as defined in paragraph e below, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by the Mayor at the time such initial appointments are made provided that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Except as hereinabove provided, all Class IV members, shall be appointed for terms for four years, all such terms running from January 1 of the calendar year in which the appointment is made.

Following member's absence from four consecutive meetings, that regular member's position on the Planning Board shall be declared vacant following written notice to the Mayor and Township Council provided that the Planning Board may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term.

The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Class IV, each to serve in such capacity for one year dating from January 1 of the calendar year in which elected. Individual Class IV members may not be elected to successive terms as Chairperson and Vice-Chairperson.

The Planning Board shall select a Secretary, who may be a member of the Planning Board or a municipal employee or such other person as the Board may decide upon. If the Board wishes to select a municipal employee, the Mayor shall provide that such employee be compensated for his or her services as secretary.

The Planning Board shall appoint an attorney of the State of New Jersey, in good standing, other than the Township Attorney, Assistant Township Attorney or Zoning Board Attorney, as Planning Board Attorney. Such appointment shall be for a one year term dated from January 1 of the calendar year in which such appointment is made. The Planning Board may fix the compensation or rate of compensation of the Planning Board Attorney; however, in no case shall the compensation provided exceed the amount appropriated by the Council in the municipal budget.

The Planning Board may also employ or contract for the services of experts and other additional staff and services as the Board shall deem necessary and proper to aid in the performance of its duties. The Board's expenditures for such staff and services, exclusive of gifts or grants, shall not exceed the amount appropriated by the Council in the municipal budget.

To prepare and after public hearing, adopt or amend a master plan or the component parts thereof in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the land subdivision chapter and site plan review ordinance of the Township pursuant to the provisions of those ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

To approve conditional use applications in accordance with the provisions of the zoning ordinance and N.J.S.A. 40:55D-67.

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment.

To consider and report to the Township Council within 35 days after referral as to any proposed development regulations submitted to it, pursuant to N.J.S.A. 40:55D-26a.

The Construction Official and Township Council are authorized pursuant to N.J.S.A. 40:55D-26b, to refer to the Planning Board any matter concerning land in the Township of West Orange, all contiguous municipalities and the County of Essex. Such reference shall not extend the time for action by referring authority. The Planning Board may choose to issue no report or it may make a recommendation concerning the matter referred to it. Whenever the Planning Board issues a recommendation to another municipal body pursuant to this paragraph, such recommendation may be rejected only by a majority or the full authorized membership of the other body.

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

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

To prepare a program of municipal capital improvement projects projected over a term of at least six years pursuant to N.J.S.A. 40:55D-20.

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

Preliminary Approval. Upon submission of a complete application for development of a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary subdivision, approval within 45 days of the date of such submission, or within such further time as may be consented to by the developer. Upon submission of a complete application for development of a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary subdivision approval within 95 days of the date of such submission, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of preliminary approval for the subdivision.

Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary power to grant a variance, as set forth in subsection 25-46.7d, the Planning Board shall grant or deny approval of the application for development within 95 days after submission by the developer of a complete application for development, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension to by the developer, shall constitute a grant of approval for the entire application for development.

Final Approval. The Planning Board shall grant or deny final subdivision approval within 45 days of the submission of a complete application therefor, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of approval for the entire application for development.

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

Five regular members to be appointed by the Township Council, same being one appointment by each member of the Township Council individually.

Two regular members to be appointed by the Mayor, without the requirement of advice and consent of the Township Council.

Four alternate members to be appointed as follows: Two by the Township Council as a whole and two by the Mayor with the advice and consent of the Township Council.

Any regular or alternate member of the Zoning Board of Adjustment is expressly prohibited from serving on the Board if he or she is:

As provided by State law, however, (N.J.S.A. 40:55D-69) the Zoning Board of Adjustment shall select a secretary who may or may not be a Board Member or a Township employee.

The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its members. Each shall serve in such capacity for one year, dated from January 1 of the calendar year in which elected. Members may not be elected to successive terms as Chairperson and Vice-Chairperson.

The Zoning Board of Adjustment shall elect a Secretary, who may be a member of the Zoning Board of Adjustment or a Township employee or such other person as the Board may decide upon. If the Board wishes to select a Township employee, the Mayor shall designate the employee and the Mayor and Council shall provide that the employee shall be compensated for his or her services as Secretary.

Hear and decide appeals where it is alleged that there is an error in the decision or refusal made by the Construction Official, Zoning Officer or any other administrative officer of the Township based on or made in the enforcement of the zoning provisions of this chapter.

Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter.

Where: 1. By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or 2. By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or 3. By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship. Where, in an application or appeal relating to a specific piece of property, the purposes of this act would be advanced by a deviation from the zoning regulations requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to those departures under this subsection, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this section.

In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations of this chapter to permit: 1. A use or principal structure in a district restricted against such use or principal structure; 2. An expansion of a nonconforming use; 3. Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; 4. Increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 5. An increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; 6. A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five members of the Zoning Board of Adjustment.

No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and zoning regulations.

An application for development under any provision of this section may be referred to any appropriate person or agency, for a report; provided that such reference shall not extend the period of time within the Zoning Board of Adjustment shall act.

The Board shall adopt, and make available to applicants requesting the same, rules and regulations to facilitate carrying the provisions of this chapter into effect. The Zoning Board of Adjustment shall be authorized to charge a reasonable fee for each copy of such rules and regulations. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.

The Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

The Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building not related to a street.

The Board shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-67 in conjunction with Zoning Board of Adjustment review of an application for approval of a use variance pursuant to this chapter.

The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of the zoning regulations in accordance with the general and specific rules contained herein, and with the general rules that equity shall be done in cases where the strict construction of the provisions of the zoning regulations would work undue hardship. The Board having derived its existence and powers from the enabling statute, the Board shall in all cases, follow all provisions of N.J.S.A. 40:55D-1 et seq., and all subsequent amendments applicable to it.

It is the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not limited to the authority, in connection with any case or proceeding before the Board, to interpret and construe the provisions, including any word, term, clause or sentence, of this chapter, the zoning regulations and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.

The Board shall have the power to grant a soil removal permit in connection with an application for variance approval.

Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer, appointed pursuant to the zoning regulations based upon or made in the enforcement of the zoning regulations or official map. Such appeal shall be taken within 65 days by filing a notice of appeal with the Zoning Officer.[1] The notice of appeal shall specify the grounds for the appeal. Upon receipt of the notice of appeal, the Zoning Officer shall forthwith transmit to the Secretary of the Zoning Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

An application for development may be filed directly with the Secretary of the Zoning Board of Adjustment for action under any of its powers without prior application to the Zoning Officer. Applicants shall file at least that number of copies of the application and the required fees as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Zoning Board of Adjustment shall inform applicants of the steps to be taken to initiate applications, and of the regular meeting dates of the Board.

An appeal to the Zoning Board of Adjustment constitutes an automatic stay of all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer certifies to the Secretary of the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey, upon notice to the Zoning Officer and on due cause shown.

Pursuant to N.J.S.A. 40:55D-75 the Zoning Board of Adjustment, in connection with appeals from the Zoning Officer, may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision interpretation or determination appealed from, and to that end shall have all the powers of the Zoning Officer.

A regular or alternate member may be removed from the Zoning Board of Adjustment by the Governing Body for cause. Any member sought to be removed shall be entitled to a public hearing if he or she so requests.

For purposes of this subsection absence by a regular or alternate member from four consecutive meetings of the Zoning Board of Adjustment shall be deemed to be a just cause for removal.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be held at the call of the Chairman or on the request, in writing, of any two Board members. Such meetings shall be held on notice to its members and the public in accordance with law.

Except as otherwise provided by N.J.S.A. 40:55D-1 et seq., all actions shall be taken by a majority vote of those members present at any meeting; provided that no action shall be taken at any meeting unless a quorum is present.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearance and addressing the Board and of persons appearing by attorney, the action taken by the Board, the findings and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party upon request may obtain a photocopy of such minutes upon payment of the usual fee charged by the Township Clerk for such services.

Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Upon the request of any interested party, and the payment of the costs therefore by such party, the Board shall furnish a transcript, or duplicate recording in lieu thereof, of any hearing before such Board.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer. The right to cross-examine witnesses shall be afforded to all interested parties through their attorneys, or directly if not so represented, subject to the discretion of the presiding officer and to reasonable limitations in accordance with due process of law.

The chairman of each Board, or such person as he or she may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of documents in accordance with the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq.

Public notice shall be given by publication in the West Orange Chronicle or the Star-Ledger at least 10 days prior to the date of the hearing.

Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by:

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to this section and N.J.S.A. 40:55D-1 et seq., to the owners of lands in the adjoining municipality which are located within 200 feet of the subject premises.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road or proposed road shown on the official County map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

Notice shall be given by personal service or certified mail to the Department of Community Affairs of a hearing on an application for development of property which shall exceed 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-16.

All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.

The Planning Board or Zoning Board of Adjustment shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:

A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the clerk, who shall make a copy of such filed decision available to any interested party upon payment of fee calculated in the same manner as those established for copies of other public documents in the ownership.

A brief notice of every final decision shall be published in the West Orange Chronicle or the Star-Ledger. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, respectively, every application for development shall be accompanied by proof that all taxes or assessments for local improvements are paid on the property which is the subject of such application through the tax quarter immediately preceding the filing of the application.

The Boards may further require that as a condition for any approval which is required pursuant to the provisions of this chapter that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.

In all instances where a conditional use, variance, or final site plan is granted, the building or construction permit sought shall be secured and issued or the authorized action taken within two years and one day after the date of the granting of the conditional use, variance or site plan in question. For good cause shown and upon written application, the Planning Board/Zoning Board may extend the time period for any of the time limits set in this section, provided that the applicant in the event of such application for extension shall be obligated to serve and publish notice of the application for such extension in conformity with the notice requirements of subsection 25-48.5.

In the event an application fails to comply with the time limits as fixed in paragraph a above, the approval shall be deemed null and void and of no further force or effect. Approval deemed null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application.

The time limits mentioned in paragraph a above, shall commence on the date of the publication of a notice of the granting of the conditional use, variance or site plan in the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township, provided that if the granting or denial of a conditional use, variance or site plan is the subject of an appeal or appeals, the time limit shall not commence until all such proceedings or review or appeal have been concluded in a manner favorable to the applicant and the time for appeal from the decision of the reviewing tribunal or appellate court has expired.

The provisions of this subsection shall be applicable notwithstanding the transfer, subdivision, resubdivision or other disposition of the premises therein concerned.

Nothing herein contained shall prevent the Planning Board/Zoning Board from fixing periods of time for appropriate actions which are in excess of (but not less than) those fixed by this subsection above provided that such action is taken by the Planning Board/Zoning Board at the time of and as an express condition or provision of the granting of the conditional use, variance or site plan.

Any conditional use within the Township which shall cease to be so used for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any conditional use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph f are intended to be applicable to all conditional uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

Any prior nonconforming use within the Township that has been abandoned for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any prior nonconforming use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph g are intended to be applicable to all prior nonconforming uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

It is the intention of the Township to ensure that all approvals and similar vested property rights remain in effect for at least the minimum period set forth in the Municipal Land Use Law or any successor statute. If any provision of this subsection shall be found to conflict with any provision of the Municipal Land Use Law and/or other statutes and regulations promulgated by a higher authority, then such approval shall expire one day after the minimum lawful vested time period for such approval.

The application lacks information indicated on the checklists required by this chapter.

The Planning Director has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. In determining the deficiencies the Planning Director shall take into consideration those requirements that are not applicable. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Director shall grant or deny the request within 45 days, or defer the decision to the applicable board. Upon receipt of the notification from the Planning Director regarding the application deficiencies, the applicant may request waivers from the applicable Board for all or part of the deficiencies listed in the Planning Director's written notice. The Board shall hear and decide the waiver requests at the hearing on the application. The Board, in determining whether a waiver should be granted, shall consider the following:

Properly completed application forms (one original and 19 copies 20 in total).

Plans, maps and construction details as required (See appropriate checklist) (one original and 19 copies - 20 in total)

Fees and escrow deposits paid (See Section 25-55).

Payment of taxes, liens and assessments.

Site inspection authorization form.

Compliance with legal notice requirements.

Corporation or partnership form.

Affidavit of ownership/authorization form.

Copies of approvals of other government/agencies as may be required or an affidavit indicating that application has been made to such agencies.

A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests.

If the site is located within a community or development in which any bona fide board or association exists, the written proof that the board or association has received notice of the application for development is required.

All plans and legal documents for compliance with all West Orange COAH Ordinances included in Chapter 25, Section 25-18 must be submitted to the Township.

The entire tract including the proposed lots to be created as well as the remainder of the subject property, drawn at a scale of not less than one inch equals 100 feet. The boundary data shall be based on the most accurate information that is reasonably available such as tax map data, deeds or surveys.

The zoning district in which the subject property is located as well as all zoning district boundaries within 200 feet.

Key Map showing a sufficient number of natural and man-made features so that the subject property can be located in the field.

Tax Map Sheet Number(s) and filed map data, if applicable.

Existing and proposed block and lot numbers. (Proposed numbers). (Proposed numbers should be verified by tax assessor).

Zoning district dimension, setback and area requirements and the relationship of the subject proposal to those requirements.

Bearing and distance data for all existing and proposed lot lines as well as any lines to be deleted.

North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature.

Date of map preparation and any revision dates.

Sewage disposal information for all proposed lots including the remainder of the tract.

The name of the owner of the subject property and all property owners within 200 feet.

All existing structures and wooded areas within the subject property as well as within 200 feet of same.

All roadways within 500 feet of the subject property showing the right-of-way limits as well as approximate pavement locations.

All waterways within 500 feet of the subject property showing the location, size and direction of flow.

The location of all easements, within the subject property and within 100 feet of same.

Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8.5-inch by eleven-inch paper within an area not to exceed 7.5 inches in width and eight inches in height.

No preliminary subdivision application shall be considered complete unless it fully conforms to this section. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of the professional engineer. The preliminary plat shall be drawn at a scale not less than 100 feet to the inch for subdivision up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size, shall be drawn on standard sheet of 24 inches by 36 inches and shall show or be accompanied by the information specified below.

Title Block. The title block shall appear on all sheets and include the following:

Detailed Information.

Date of map preparation and revision dates.

Title, name of owner, name of preparer of map together with that individual's embossed seal, license number and original signature.

Graphic scale.

Boundary lines of tract and individual lots within the tract together with bearing and distance data.

Right-of-way lines of street, easements, other right-of-way and lands to be dedicated or reserved for public use.

Street widths.

Curve dots, radii, lengths, tangents and central angles.

Block and lot numbers.

Location and description of monuments.

All setback lines.

Names of adjacent property owners.

Signature blocks for Township Clerk, Planning or Zoning Board Chairman, Planning or Zoning Board Secretary and Township Engineer.

Developer's Agreement.

Final construction plans which comply with the following items:

Existing and proposed grading at two-foot contour intervals or five-foot intervals if the grade is more than 15% with spot elevations at all building corners and critical locations.

The finished floor elevation with all building floors with direct access to the outside.

(Reserved)

A proposed planting plan and planting schedule indicating the location, the species' common and botanical names, size, quantity and planting instructions for all plant material to be installed including trees, shrubs, and ground covers prepared by a professional landscape architect.

All areas to be seeded and/or sodded.

The location and construction details of all proposed retaining walls, fencing and earthen berms.

All buffer areas proposed to separate land uses and to screen unsightly areas.

The location and all proposed construction details for all proposed and existing signs.

The location and identification of all proposed open spaces, parks or recreation areas and facilities.

A copy of a tree removal permit or application for same if applicable, as required by Section 25-27.

The zoning district in which the subject property is located as well as all zoning district boundaries within 200 feet.

Key Map showing a sufficient number of natural and man-made features so that the subject property can be located in the field.

Lot, block and property owner information.

Zoning district dimension, setback and area requirements and the relationship of the subject proposal to those requirements.

Bearing and distance data for all lot lines.

North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature.

Date of map preparation and any revision dates.

All existing structures and wooded areas within the subject property.

The location and design of all new or expanded buildings, sidewalks, driveways and parking areas.

The location of all easements within the subject property.

Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8.5 inch by eleven-inch paper within an area not to exceed 7.5 inches in width and eight inches in height.

Basic Data.

Building Data.

Grading, Landscaping and Environmental Data.

Utilities and Drainage Data.

Verification that all of the conditions of the preliminary approval have been met.

A map or maps which comply with this chapter depicting that portion of the project for which final approval is being requested.

A developer's agreement if required by the preliminary approval.

A statement indicating the reasons for any deviations from approved preliminary site plan.

Any off-tract improvement contributions if required.

Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8 1/2 inch by eleven-inch paper within an area not to exceed 7 1/2 inches in width and eight inches in height.

A notation indicating the section of this chapter that allows the conditional use as proposed.

A listing of the conditional use standards that apply to the subject proposal.

A map, either in conformance with subsections 25-51.3, 25-51.4, 25-51.5, 25-51.6 and 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e., setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based.

A statement or legal brief which clarifies why the "c" variance should be granted. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70c, applicable case law and relevant Township Ordinances and N.J. Statutes.

A map, either in conformance with subsection 25-51.3, 25-51.4, 25-51.5, 25-51.6 or 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e. setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based.

A statement or legal brief which clarifies why the "d" variance should be granted and the "special reasons" that pertain to the subject proposal. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70d, applicable case law and relevant Township Ordinances and N.J. Statutes.

A planning report prepared by a licensed Professional Planner and a traffic report prepared by a licensed Professional Engineer. The Board may waive the provision of such reports at its discretion.

A map prepared by the applicant or a professional architect, engineer, planner or surveyor which clarifies, in sufficient detail, the nature of the appeal or interpretation.

Any documentation, form(s) or correspondence which explains the nature of the appeal or interpretation.

A graphic or written description of the area surrounding the subject property.

A statement or legal brief which clarifies the position of the applicant.

A map, signed and sealed by a professional architect, engineer, planner or surveyor which contains the following:

A statement describing the proposed project, its scope, size value as to the community and other pertinent details.

A graphic or written description of the area surrounding the subject property.

A description of other alternatives that have been considered or might be available.

A listing of anticipated variance and waiver requests connected with the proposal.

Establishment. There is hereby established a Site Plan Review Advisory Board to assist the Planning Board, the Zoning Board of Adjustment and site plan applicants. This Committee shall be comprised of:

Review. The Site Plan Review Advisory Board shall review all applications that require major site plan approval. The applicant shall be notified, in writing not less than seven days before, of the date on which the application shall be reviewed by the Site Plan Review Advisory Board. The applicant shall be invited to attend, either alone or accompanied by an attorney, architect, engineer and any other experts the applicant chooses. The Site Plan Review Advisory Board shall issue its recommendations on every application, in writing. These recommendations shall be filed with the secretary of the proper board and a copy shall be mailed to the applicant.

Post Approval Review. A request by an applicant to change one or more aspects of a site plan previously approved by the Planning Board or Zoning Board of Adjustment shall be reviewed by the Site Plan Review Advisory Board to determine whether such changes are considered substantial. Any changes determined to be substantial shall require amended site plan approval from the Board that granted the original approval.

Time for Decisions. Referral of an application to the Site Plan Review Advisory Board shall not extend the time within which the Planning Board or Board of Adjustment must act upon such application pursuant to the MLUL.

The Township shall incorporate the current version of "Leadership in Energy & Environmental Design Rating System," which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council.

The Sustainability Checklist form shall incorporate proposed green energy and water conservation measures including:

For each of the items listed on the Sustainability Checklist form applicants must indicate the extent to which they are incorporating such a measure in the project or, alternatively, indicate the reason(s) why the measure is not being incorporated in the project.

Subject to the provisions of paragraph b hereof, each applicant shall prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions prescribed by Resolution.

Within 30 days after the filing of an application for development the Planning Board and/or Zoning Board of Adjustment as the case may be, shall, in conjunction with appropriate representative of the staff of the Township, review the application for development to determine whether the escrow amount set forth in paragraph a above is adequate. In conducting such review the Board shall consider the following criteria.

This paragraph adopts and creates a payment schedule for consultants and/or employees for special Planning Board or Zoning Board meetings paid out of escrow funds paid by the applicant who is heard at said special Planning or Zoning Board Meeting. The schedule will be prescribed by Resolution at the approval of the Township Council.

Any tenant who receives a notice of eviction pursuant to section 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g of section 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.10), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.

In addition to the liability for the payment of relocation assistance set forth in paragraph a of this section, the Municipal Court may impose an additional fine for a zoning code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the municipality by the owner-landlord of the structure.

In addition to the penalties set forth above in paragraphs a and b of this section, for a second or subsequent violation for an illegal occupancy, and only after affording the offending owner-landlord an opportunity for a hearing on the matter, the Municipal Court may impose on the owner-landlord a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "the penalty enforcement law," N.J.S.A. 2A:58-10 through 12. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure. Also for the purposes of this section, a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.

Maximum Penalty. For violation of any provision of this chapter, the maximum penalty shall include the penalties provided for in Section 1-5.

All other provisions of subsections 1-5.1 through 1-5.5 and Section 25-59(b) shall remain in full force and effect and apply fully for any violation of Chapter 25.

Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.