Twelve completed copies of the Borough minor subdivision application form.

Twelve copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle.

Twelve copies of any deed for any land offered to the Borough.

Twelve copies of the plat of the proposed minor subdivision. A reproducible copy shall be submitted upon approval.

Twelve copies of a key map.

A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made.

The applicant shall have the right before submitting a formal application hereunder to request and obtain an informal conference before the Board.

All lots being subdivided, together with the boundary and acreage of the entire original tract, and the number of new lots being created. The area of each lot shall be shown correct to within one square foot.

All existing and proposed property lines within and immediately adjoining the tract and all lot lines to be eliminated. All lot lines shall be shown correct to 0.01 of a foot in length and one second in angular measurement. Minimum front, side and rear building setback lines on each proposed lot and the remaining lot shall be shown.

All existing buildings and structures and their uses, wooded areas, rock outcrops, and isolated trees with a diameter of six inches or more measured 4 1/2 feet above ground level. All streams, lakes, drainage rights-of-way and streets within the limits of the tracts being subdivided, including the location, width and direction of flow of all streams, brooks, drainage structures and drainage rights-of-way. Any existing features to be removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps within the tract shall be shown. A general drainage system shall be shown.

The shortest distance from any existing buildings to any proposed and existing lot line.

The existing and proposed rights-of-way of all easements and all streets within and adjoining the premises, with dimensions, together with existing driveways, street names and the purpose for any easement. Sight triangles shall be shown.

The name of the owner and all adjoining property owners as disclosed by most recent Borough tax records.

The Tax Map sheet, block and lot number for the tract and all adjacent lots; written and graphic scales; north arrow; and space for the subdivision application number; the name of the Borough; the name of the subdivision; and the date of preparation and most recent revision.

Zoning districts and if the property lies in more than one zoning district, the plat shall indicate all the zoning district lines.

The name, address, phone number and signature of the owner, subdivider and person preparing the plat.

Such other information or data as may be required by the Board in order to determine that the details of the subdivision are in accord with the standards of applicable ordinances.

The Board may waive any of the details required by this subsection if it determines that the subdivision conforms to the standards of good planning, will have no deleterious effect on neighboring properties and if it is provided with adequate data to assure the protection of the health, safety and welfare of the residents of the Borough. The plat shall be certified as to the accuracy of the engineering details by an engineer licensed in New Jersey, and shall bear his signature, seal, license and address.

The applicant shall submit a key map with north arrow showing the entire subdivision and its relation to surrounding areas, at a scale of not less than 2,000 feet to the inch. The key map shall be presented on sheets not greater than 30 inches by 42 inches or less than 8 1/2 inches by 13 inches. The key map shall show not less than the following information:

The key map shall be certified as to the accuracy of the details by an engineer or surveyor licensed in New Jersey, and shall bear his signature, seal, license and address.

The key map may be set forth on the plat.

At the meeting of the Board at which the application is to be considered, the Board shall first determine that the application conforms to the definition of a minor subdivision as set forth in § 219-6. If the application does not so conform, the Board shall deny the application; however, such denial shall not be deemed to preclude a subsequent application for a major subdivision involving the same tract.

If the application does conform to the definition of a minor subdivision, but is not complete in accordance with § 219-48N, the Board shall notify the applicant of the incompleteness, in accordance with the provisions of § 219-48O.

If the application does conform to the definition of a minor subdivision and is complete, the Board shall waive notice and public hearing for the application.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Board, or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute minor subdivision approval. A certificate of the Secretary of the Board as to the failure of the Board to act shall be issued on request of the applicant, and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and may be so accepted by the County Clerk for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board, or approval by the County Planning Board by its failure to report thereon within the required time period.

Prior to the commencement of any construction, final detailed engineering plans shall be submitted to and approved by the Borough Engineer. The applicant shall deposit with the Borough Clerk such fee for engineering review as is provided in § 219-60.

No building permit shall be issued for excavation or construction in any area approved for subdivision until such plat or deed has been filed.

Twelve completed copies of the Borough major subdivision application form.

Twelve copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed, in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle.

Twelve copies of any deeds for any lands offered to the Borough.

Twelve copies of the preliminary plat of the proposed major subdivision. A reproducible copy shall be submitted upon preliminary approval.

Twelve copies of a key map.

A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made.

A certification from the State Department of Environmental Protection, pursuant to N.J.S.A. 58:11-23 et seq., if applicable.

Twelve copies of the environmental impact report, if required by § 219-59H.

The applicant shall have the right before submitting a formal application hereunder, to request and obtain an informal conference before the Board as provided in § 219-59J.

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than 100 feet to the inch, on sheets of equal size and a maximum size of 30 inches by 42 inches. It shall be prepared and sealed by a land surveyor licensed by the State of New Jersey, with design and improvements prepared by a professional engineer licensed by New Jersey.

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

A key map, at a scale of one inch equals 2,000 feet, showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all streets and any Borough boundary which is within 500 feet of the site.

The names of all owners of the property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the township.

The plat shall be based on a current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map.

Existing one-foot interval contours based on United States Coast and Geodetic Survey datum (MSL-O) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used. The source of elevation base datum shall be noted.

All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Borough borders within 200 feet of the subdivision.

All existing structures, an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain.

The boundaries, nature and extent of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed subdivision.

The layout of the proposed subdivision, drawn in compliance with the provisions of this chapter.

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.

The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

All proposed lot lines and the areas of all lots in square feet.

A north arrow and written and graphic scales.

A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided, or certification that none exists.

Preliminary utility layouts showing methods of connection and sources of service.

The proposed location and area, in acres or square feet, of all required or proposed open space areas.

The preliminary plat shall indicate the zone and tract acreage and shall show the required minimum lot areas, front, side and rear yard setback lines and the lot line dimensions and areas of each lot being created by the proposed subdivision.

Preliminary construction, grading, drainage and utility plans and profiles, at a scale of one inch equals 100 feet horizontally and one inch equals five feet vertically, shall accompany the final plat and show the following information:

Sectionalization and staging plan. The plat may be accompanied by a preliminary sectionalization and staging plan showing the following: If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section. The staging of the various sections in the subdivision shall be such that, if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board. In no instance shall any single section of a subdivision include more than 100 lots. During construction of the development, the developer shall fully comply with the sectionalization and staging plan in accordance with the preliminary approval. If, for any reason, the developer does not fully comply with the approved sectionalization and staging plan, no building permits shall be issued until such time as the developer makes application to and receives approval from the Board for a revised staging and sectionalization plan. The Board may modify the plan and impose time restrictions or require the developer to construct the development in accordance with an approved staging and sectionalization plan.

The map must include certification for the signatures of the Joint Land Use Board Chairman, the Secretary and the Board Engineer.

Soil borings to a depth of 10 feet, indicating soil types and the seasonal high-water table elevations, along with percolation tests, shall be submitted (one for each five acres) for all subdivisions where on-site sanitary sewer disposal septic systems are proposed. The location of soil borings and percolation tests shall be indicated on the plat.

An affidavit setting forth the names and addresses of all record title owners or the land proposed to be subdivided by the map and the consent, in writing, of all such owners to the approval of such map shall accompany the plans or be shown.

All municipal boundary lines crossing or adjacent to the territory intended to be subdivided shall be shown and designated.

The names of adjoining subdivisions, if any, and the file number of the recording or the names of the owners of adjacent properties.

The applicant shall be required to submit certification, in writing, from the Wrightstown Municipal Utilities Authority indicating that the plans have been reviewed and approved or conditionally approved at their preliminary stage by the Municipal Utilities Authority.

The preliminary plat shall indicate the limits of land clearing and land disturbance of the proposed major subdivision.

In the Pinelands Area, such other information as may be required under the Pineland Comprehensive Management Plan.

The specific size and species of individual existing mature trees of a size of six inches in diameter at breast height (dbh) and masses of existing mature woodland [predominantly trees greater than four inches in diameter at breast height (dbh)] and any other significant natural vegetation or natural features. The plans must indicate all existing mature vegetation to be preserved, relocated (including the proposed location of transplanted trees) or removed and appropriate details and plans for tree protection fencing.

A preliminary landscape plan. The plan shall be prepared on halftone sheet of the Engineer's grading plan showing existing and proposed grades and shall indicate the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, ground cover and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of 10 years after installation, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root and quality for all proposed plantings. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. When appropriate or required, a graphic section illustration at a scale on one inch equals 10 feet or larger shall be provided to indicate the effectiveness of proposed or existing materials as a buffer in relation to the height of the area being screened.

Preliminary details of all proposed recreational areas, including details of both active and passive areas, and the lot in which the recreation area, if required, is to be located shall be included as an integral part of the preliminary plan submission.

Required documentation.

The final plat shall contain all general requirements, details and supporting data as required for the preliminary plat as specified in Subsection C.

It shall show the dimensions, bearings and curve data, including the lengths of tangents, radii, arcs, chords and central angles, for all center-line and right-of-way-line curves on streets sufficient to enable the definite location of all lines and boundaries shown thereon, including drainage easements, public easements and areas dedicated for public use.

Tangents, chord, arc, radius and central angle at all street corners.

All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000. Where feasible, the control points of the subdivision shall be referenced to three permanent coordinated monuments.

Any easement or land reserved for or dedicated to the public shall be designated, and the proposed use of sites other than residential shall be noted.

Each block and each lot shall be numbered in accordance with a scheme approved by the Tax Assessor.

The map shall clearly show all monumentation and property markers as required, including monuments found, monuments set and monuments to be set. An indication shall be made where monumentation found has been reset. All monuments, if required, shall be placed in compliance with the Map Filing Law.

Subdivision names and street names shown on the final plat shall not be the same or similar to any name of an existing subdivision or street in the Borough.

Subdivision of 10 lots or less. The Board shall grant or deny preliminary approval within 45 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant, if the application is for a subdivision of 10 or fewer lots.

Subdivision of more than 10 lots.

Performance bond. The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no building permits shall be issued unless the required improvements have been completed and accepted or a performance guaranty posted therefor.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat.

That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years; provided, however, that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of an application involving any area of 50 acres or more, the Board may grant the rights referred to in Subsections A, B and C hereinabove, for such period of time longer than three years, as shall be determined by the Board to be reasonable, taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

Prior to the commencement of any construction, final detailed engineering plans shall be submitted to and approved by the Borough Engineer. The applicant shall deposit with the Borough Clerk such fee for engineering review as is provided in § 219-60.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by Subsection L the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the Board to act shall be issued on request of the applicant. 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 Clerk for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the subdivision is subject to conditions as set forth in the minutes of the Board."

The applicant shall submit to the Clerk, at the time of submission of the application for final approval of a major subdivision, payment of such fee as established in § 219-60.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection J, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time provided in Subsection M. If the applicant has followed the standards prescribed for final approval, and has duly recorded the plat as required in Subsection M, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval shall terminate the time period of preliminary approval pursuant to Subsection K for the section granted final approval.

In the case of a subdivision for 150 acres or more, the Board may grant the rights referred to in Subsection L(1) herein for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by this chapter, such person shall be liable, in addition to any statutory penalty, for suit by the Borough:

In any such action, the transferee, purchaser or grantee shall be entitled to the statutory lien upon the portion of the land, from which the subdivision was made, that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years, if unrecorded.

Site plan approval is now governed by N.J.S.A. 40:55D-40.4 and by the regulations published in the New Jersey Administrative Code, Title 5, Chapter 21, dated 1-6-1997. Application and review procedures are governed by N.J.A.C. 5:21-2. An applicant desiring to proceed with a site plan approval shall file with the Clerk, at least two weeks prior to the date of a regular meeting of the Board, the following documents:

The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Board as provided in § 219-59J.

The Board may waive any of the requirements of this subsection in the event of an application for site plan approval by a nonprofit or religious corporation or association.

Preliminary site plan details shall include the following:

Final site plan details. The final site plan shall be clearly and legibly drawn or reproduced at a scale of not less than 50 feet to the inch on sheets of equal size and a maximum size of 30 inches by 42 inches. It shall be drawn and sealed by a land surveyor and/or professional engineer licensed by the State of New Jersey. The final site plan shall conform to the preliminary site plan as approved, shall be designed in compliance with the provisions of this section in addition to the following:

Site plan of 10 acres or less. The Board shall grant or deny preliminary approval within 45 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant if the application is for approval of a site plan of 10 acres of land or less.

Site plan of more than 10 acres.

Performance bond. The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no building permits shall be issued unless the required improvements have been completed and accepted or a performance guaranty posted therefor.

Conformance with standards. The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by Wrightstown Borough ordinance and the conditions of preliminary approval.

Time for approval. Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.

County Planning Board Approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Conditions of approval. Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the site plan is subject to conditions as set forth in the minutes of the Board."

The applicant shall submit to the Clerk, at the submission of the application for final approval of a site plan, payment of such fee as established in § 219-60.

The zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the applicant pursuant to Subsection G, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection G.

In the case of a site plan for 150 acres or more, the Board may grant the rights referred to in Subsection I(1) hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:

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

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

The total cost thereof shall be estimated by the Borough Engineer.

The Borough Council shall next consider the circulation plan and utility service plan elements of the Master Plan and shall ascertain:

The Borough Council shall determine such pro-rata share by establishing a ratio between the benefit accruing to the proposed subdivision or site plan and the total benefit accruing by reasons of improvements and/or facilities and applying it to the total cost.

The final cost of the completed improvements and/or facilities shall be ascertained by the Borough Engineer, who shall advise the Borough Council and the developer of the final cost. The estimated pro-rata share shall be modified by the actual final cost and appropriate adjustments made.

The standards established to determine such pro-rata share shall not be altered subsequent to preliminary approval to apply to such subdivision or site plan.

Where a developer pays the amount determined as his pro-rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

Such payment shall be made by a deposit of cash and the developer shall agree to make additional payment upon determination of the actual cost, if there be any. Such payment shall be made within 30 days of the determination of the Borough Council of the pro-rata share.

The developer and the Borough Council may enter into an agreement providing for payment of the full cost of the required off-tract improvements by the developer with a provision for future reimbursement for an agreed time as the improvements shall be utilized by others.

The Borough Council shall act within the applicable period for approval of the application by the Board, and the determination of the Borough Council shall be binding upon the Board.

If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after approval of the final plat or within such further time as may be agreed to by the developer. Unless, during such period or extension thereof, the Borough has entered into a contract to purchase or institute condemnation proceedings, according to law, for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood-control basins, or public drainageways necessitated by the subdivision or site plan and required for final approval. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and pro-rated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval, as the case may be, caused by the reservation.

In the event that the developer claims an entitlement to such just compensation, he shall present a claim therefor to the Board within 30 days after the Board has made such reservation. The Board shall then advise the Borough Council of the claim and recommend a just compensation figure. The Borough Council shall meet with the developer in an attempt to agree upon such figure and the method of payment. In the event that there is no such agreement, the Borough Council shall set forth its position in a resolution and the developer shall then be entitled to institute legal action for a judicial determination as to the amount of just compensation and/or the method of payment. In the event of agreement on such figure and the method of payment, the Borough Council shall adopt a resolution memorializing the agreement and implementing payment, and shall submit a copy of such resolution to the developer and the Secretary.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision on or before August 1, 1973, may apply in writing to the Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Secretary shall keep a duplicate copy of such certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

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

The Secretary shall be entitled to demand and receive for such certificate issued by him the fee established by N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Secretary shall be paid by him to the Borough.

Performance and maintenance guaranties required. Before recording final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the Board may require and Borough Council shall accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements, the following:

Reduction of performance guaranty. The amount of any performance guaranty may be reduced by the Borough Council, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by such body by resolution.

Performance by Borough. 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 Borough for the reasonable cost of the improvements not completed or corrected and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

Completion of improvements; inspection. When all of the required improvements have been completed, the obligor shall notify the Borough Council, in writing, by certified mail addressed in care of the Borough Clerk of the completion of such improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

Approval by Borough Council.

Inspection fees. The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.

Preparation of report. An environmental impact report shall accompany all preliminary plats of major subdivisions of 11 or more lots or greater than 10 acres, whichever may apply, and site plan applications for tracts of greater than 10 acres, in order to provide the information needed to evaluate the effects of a proposed development upon the environment. Such report shall include:

Submission of report; review by Borough. The Secretary shall submit the environmental impact report to the Borough Environmental Commission for review and report thereon to the Board. This report shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. Upon completion of all reviews and public hearing, the Board shall either approve or disapprove the environmental impact report as a part of its underlying function with respect to subdivision or site plan review. In reaching a decision, the Board shall take into consideration the effect of the applicant's proposed subdivision or site plan upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.

Exceptions to requirements. Notwithstanding the foregoing, the Board and Environmental Commission may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirements may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

Public and quasi-public projects. An environmental impact report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law and unless waived in accordance with the provisions of Subsection H(1)(c) herein.

Any person intending to submit an application for subdivision or site plan approval before the submission of the complete application, as appropriate, may request, at least two weeks before a regularly scheduled meeting of the Board, of the Secretary an informal conference and discussion with the Board in order to advise the Board of the general nature and conceptual approach of the proposed subdivision or site plan and to enable the Board to preliminarily express its views on any area of concern. There shall be no charge to such person for this informal hearing and discussion.

Any plans or other relevant documents should be simultaneously presented to the Board in this informal process, whether or not such plans may meet the requirements set forth in this chapter.

This provision shall be understood in accordance with its purpose, which is to encourage informal discussion of proposed plans for development prior to expenditures of time and money on the part of both an applicant and the Board in order to permit the Board to appropriately act within the prescribed time limitations.

The applicant, when required by the provisions of this chapter, shall pay to the Clerk fees as set forth in § 219-60.

Miscellaneous provisions.

A resolution adopted at a meeting held within the time period provided for in the Municipal Land Use Law for action by the Board on the application; or

A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filing and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the costs of the application, including attorney's fees, shall be assessed against the Borough.

The developer shall, at the time of filing an application for the development, pay a nonrefundable application fee by certified check, cash or bank money order and a separate escrow fee by certified check, cash or bank money order to the Borough of Wrightstown as set forth in the following schedule, with the exception that one nonbinding informal discussion or one informal filing and discussion of a concept plan with the Joint Land Use Board shall be free of charge.

The application charge is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal and other expenses connected with the review of the submitted materials, including any traffic engineering review or other special analysis related to the Borough's review of the submitted materials, or any necessary studies regarding off-tract improvements. Sums not utilized in the review process shall be returned to the applicant within 15 days of the issuance of a certificate of occupancy for the development. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days; should the applicant not add such sum to the escrow within said 15 days, the applicant shall indicate in writing, prior to any further consideration of the application by the Borough, why such sum is not being paid.

Where one application for development includes several approval requests, the sum of the individual required application and escrow fees shall be paid.

Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review must be paid before any approved plat, plan or deed is signed and all inspection fees must be paid before and construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment to a professional be delayed pending reimbursement from an applicant.

The Certified Municipal Finance Officer shall maintain an itemized account for each application and shall supply a copy of the account to an applicant upon request. The Finance Officer of the Borough shall periodically advise the Administrative Officer of the balance of all escrow accounts and when additional funds are required. It shall be the obligation of the Administrative Officer to notify the applicant of the amount needed and to notify the Joint Land Use Board of any refusal or failure to properly make any payment required.

If an applicant desired a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who shall arrange for the reporter's attendance.

The required inspection escrow fee shall be posted prior to the commencement of any construction.

At least one week prior to the beginning of construction or installation of any required improvements, the developer shall notify the Borough Engineer in writing of the developer's intention to commence such work. All improvements and utility installations shall be inspected during the time of their installation by the Borough Engineer or his designee to ensure satisfactory completion, and no underground installation shall be covered until inspected by the Borough Engineer or his designee. The cost of all inspections shall be the responsibility of the developer and he shall deposit the necessary inspection fee with the Joint Land Use Board Secretary upon making application for final approval under this chapter or prior to the start of any construction, whichever shall first occur. The inspection fee shall be in addition to the amount of any required performance or maintenance guaranties and shall consist of a sum equal to the following:

This fee shall be held in reserve by the Borough and used to pay the costs of inspecting the construction. It shall be the obligation of the developer to pay for the actual costs of inspecting the construction. Any excess moneys shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body, as provided for herein.

The required guaranties shall be posted with the Borough Clerk prior to the signing of the final plat, the issuance of any building permits or the commencement of any construction.

In the event that final approval of a development has been granted in stages or sections and hence the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages of sections.

The minimum inspection cost shall be $500. The inspection fee may be utilized to pay any engineering, legal or other professional fees incurred by the Borough in regard to the developer's obligation to properly install site improvements.

For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonable anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees.

For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees.

The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

All escrow fees paid and described herein shall be placed in an escrow account to be utilized by the Borough to pay for any fees it may incur through the use of its Attorney or Engineer in reviewing or preparing documents concerning the subject application. That portion of the escrow which remains unused after complete action has been taken on the application shall be returned to the applicant. The applicant shall be responsible for payment for any legal or engineering fees incurred by the Board in regard to the subject application and which are in excess of the escrow amount paid by the applicant.

Whenever the escrow fees paid and described herein shall exceed $5,000, it shall be deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the Borough on an annual basis or at the time the deposit is repaid or applied for the purpose it was deposited; provided, however, that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount which shall be in lieu of all other administrative and custodial expenses. In the event that the interest paid on a deposit for a year does not exceed $100, the same is to be retained by the Borough.

A code for the establishment of standards required for subdivision and site plan development design, including design standards regulating streets, blocks, lots, natural features and shade trees, topsoil protection, monuments, street signs and lights, curbs, sidewalks and driveways, is hereby established for the Borough of Wrightstown.

As required by N.J.S.A. 40:49-5.2, three copies of such code shall be on file in the office of the Borough Clerk and is hereby adopted and incorporated as if fully set forth herein.

The code herein adopted may be cited and referred to as the "Land Subdivision and Site Plan Design Standards Code of the Borough of Wrightstown."