Forwarding copies of application.

The Subdivision or Site Plan Committee shall review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board at its next regular meeting.

If the Planning Board concludes upon review of the application that additional information is required to determine the suitability of the tract for the proposed subdivision or site development or the effect that the proposed subdivision or site development will have on the development of any portion of the subject property or adjoining property, or to establish that the proposal is not in conflict with any provision or portion of the Master Plan or this chapter, such additional information will be requested from one or more of the Planning Board advisors (the advisors include specialists in engineering, town planning and law). The applicant is responsible for any consulting costs thus incurred, which will be billed at the rate most currently established by contract between the Planning Board and its advisors. The applicant may state on his application the maximum such expenditure for which said applicant may be billed. No subdivision application may be approved until all amounts due to the Township, i.e., property taxes, consulting costs pertaining to the subdivision application and other lawful fees pertaining to the property, have been paid.

The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant.

Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, provided that the applicant has complied with the requirements of N.J.S.A. 40:55D-10.4. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified of the Planning Board's action within one week of its action.

Whenever review or approval of an application by the County Planning Board or Soil Conservation District is required, the Planning Board shall condition any approval it may grant upon timely receipt of a favorable report on the application by such county agencies or approval by such county agencies due to their failure to report thereon within the required time period.

Prior to returning the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following:

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. This step is optional and is recommended by the Planning Board. The concept plan is designed to enable the Planning Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for further processing of the development application.

The Planning Board shall be authorized to establish reasonable criteria for the subsequent submission of an application for development and, notwithstanding any other provisions of this chapter, waive, for good cause, to the extent felt appropriate on the basis of the concept plan, any site plan or subdivision details required under § 160-63 of this chapter for the processing of the applications for approval of the subsequent site plan or subdivision application for development. The Planning Board shall act within 45 days on the concept plan, classify it and, if satisfactory, grant nonbinding approval, with or without appropriate conditions for subsequent submission of the site plan or subdivision application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Approval is intended to enable the applicant to proceed with the submission of the subsequent subdivision or site plan application for development on a reasonable, expeditious and sound basis and shall not be construed as authorization for any construction.

If classified and approved as a minor subdivision pursuant to the processing procedures of the Planning Board's bylaws and ratified by the Board, the Chairman and Secretary of the Planning Board shall sign said minor subdivision within 30 days of such ratification, and said approval shall be deemed to be final approval. Said minor subdivision, after approval, shall be returned to the subdivider within one week following the signing of said plat by the Chairman and Secretary.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer and the Planning Board Secretary. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the approved minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Planning Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing of a major subdivision.

If classified and approved as a minor site plan by unanimous action of the Site Plan Committee, a notation to that effect will be made on the minor site plan. The Chairman of the Site Plan Committee shall then forward one copy of the signed minor site plan to the Planning Board for its files. Said approval shall be noted in the minutes of the next regularly scheduled meeting of the Planning Board following receipt of the Site Plan Committee report. The Chairman and Secretary of the Planning Board shall sign said minor site plan if approved by the Site Plan Committee, and said approval shall be deemed to be final approval of the site plan, provided that the Site Plan Committee or the Planning Board may condition such approval on terms ensuring the provision of improvements pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Said minor site plan, after approval, shall be returned to the applicant within one week following the signing of said site plan by the Chairman and Secretary.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

If the application for a minor site plan is classified as a major site plan by the Site Plan Committee, the applicant shall be so notified. No further Planning Board action on the application shall be required, and the applicant shall follow the procedures contained herein for processing approval of a preliminary and final application of a major site plan.

If the Committee processing the application finds that said application is in substantial compliance with the provisions of this chapter, it shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be not in compliance, it shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and processed, as in the case of the original application. After the Planning Board is satisfied that the proposed application, together with any conditions as imposed by the Board, meets all of the conditions of this chapter, it shall grant preliminary approval.

Preliminary approval shall, except as provided in Subsection C(4) of this section, confer upon the applicant the following approval:

Prior to granting approval to a preliminary plat, the applicant shall furnish the Planning Board with the following certifications:

Installation of subdivision and site plan improvements.

Indemnification and hold harmless. If an applicant requests that a temporary or conditional certificate of occupancy be issued, the applicant and prospective owner of the property or unit for which the temporary or conditional certificate of occupancy will be issued must both agree in a form acceptable to the White Township Planning Board and White Township Committee to indemnify and hold harmless White Township, its officials and its professionals for any accident, injury or other occurrence of liability which may occur as a result of the issuance of a conditional or temporary certificate of occupancy prior to the applicant's installation of all required site improvements.

Off-tract improvements. As a condition of final subdivision or site plan approval, the applicant shall pay its pro rata share of the costs of any off-tract improvements necessitated by its development as determined in accordance with the requirements of § 160-65. Full payment must be made within 30 days of the memorialization of the resolution of final approval. No final subdivision or site plan plats will be signed, nor will conditional or permanent certificates of occupancy be issued, nor will zoning permits be issued until payment is made.

Performance guaranty. The performance guaranty for the later installation of those improvements referred to in Subsection A shall be fixed by the Planning Board. The furnishing of a performance guaranty in favor of White Township shall be in an amount not to exceed 120% of the costs of installation of improvements the Planning Board deems necessary or appropriate. The applicant shall submit its estimated costs of the installation of improvements to the Township Engineer for his review and acceptance. Performance guaranties shall be either an unconditional letter of credit issued by a financial institution acceptable to White Township; all cash; or a bank certification of deposit or savings passbook assigned to White Township with the consent of the issuing institution. In the event that cash is not posted, 10% of the performance guaranty shall be in the form of cash or a certified check made payable to the "Township of White." All proposed forms of guaranty must be entirely acceptable to the White Township Committee.

Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Township Committee upon recommendation by the Planning Board by resolution for an additional period not exceeding 18 months. In the event that an applicant posts a performance guaranty for nonessential improvements as set forth in Subsection A, all nonessential improvements must be completed within six months of the posting of the performance guaranty. Additional time to complete the nonessential improvements shall be granted by the Planning Board only upon the showing of exceptional circumstances.

Reduction of performance guaranty. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements. However, in no event shall the Township be required to complete the improvements.

Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township Committee in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The Township Committee shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.

If any portion of the required improvements are rejected, the Township Committee may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Township of White incorporating all of the terms and conditions of approval imposed by the Planning Board and in accordance with any applicable regulations of White Township.

Inspection fees. The agreement shall also provide for the deposit with the Township of fees for engineering inspection of the construction and installation of all improvements required by the Planning Board and based upon the cost of such improvements, as determined by the Township Engineer, all fees to be in accordance with Article VII of this chapter.

Notification of Township Engineer. At least two weeks prior to the start of construction the applicant shall notify the Township Engineer in writing, with a copy to the Clerk of the Planning Board, of the date when construction and installation of the required improvements will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Township Engineer, all such procedures to be in accordance with Chapter 223, Road Construction, of the Code of White Township and any other applicable regulations of White Township. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements. The Township Engineer and the Planning Board shall review the performance guaranty and it shall be reviewed by the Township Attorney as to sufficiency of form and execution and approved by the Township Committee.

Maintenance guaranty.

Restoration guaranty. A restoration guaranty shall be required for any and all improvements that the applicant plans to construct but will not ultimately be owned or maintained by the Township following completion of the development. The restoration guaranty for these improvements, also referred to in Subsection A and § 160-64, shall ensure the restoration of the property in the event that the construction of the improvement is completely stopped or abandoned for longer than six months. The furnishing of a restoration guaranty in favor of White Township shall be in an amount set forth by the sliding scale below:

Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 160-62 and shall contain all the information prescribed in § 160-63C or F, as the case may be. Said application shall be filed within the period prescribed in § 160-62B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

Following report from the Subdivision or Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures of Article VI of this chapter.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.

Effect of final approval.

Recording of final plat.

Filing and return of prints. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the subdivider.

No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the county recording officer within the time or extended time required by Subsection E. Proof of filing shall be submitted to the Planning Board Secretary prior to issuance of a construction permit.

Construction permits for site plans. A construction permit in connection with a site plan may be issued prior to final approval, but only after the installation of those improvements as the Planning Board, upon advice of the Township Engineer, may find necessary as pertinent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Planning Board.

Temporary certificate of occupancy.