For proposed lots for which an application for development is made and percolation tests are involved: A Witnessing Fee of eighty dollars ($80.) per lot shall be paid to cover the cost of observation and review of the percolation tests; provided, however, that where observation of percolation tests on any lot exceeds one (1) day's time, the additional fee for such lot to cover the cost of observation and review of such percolation test shall be eighty dollars ($80.) per day of such observation.

An applicant for approval of an application may request a special meeting. The approving authority may schedule such special meeting(s) at a date and time convenient to the applicant, the approving authority and the public. There shall be paid to the Township, prior to the meeting, a non-refundable special meeting fee of $100. In addition, the administrative officer may require an additional escrow deposit of up to $1,000. for each special meeting.*

**Webmaster's Note: The previous sections have been amended.

The applicant has the duty of compliance with reasonable conditions, consistent with law, laid down by the approving authority for design, dedication improvements and the use of the land. Where the County Planning Board review on approval is required of a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable and unconditional report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period If the county's report is negative or attaches conditions, the original action by the municipal approving authority shall be null and void

A. The approving authority, when acting upon applications for approval of subdivisions and site plans, shall have the power, on written request from the applicant, to:

(1) Grant such exceptions from Article XXIII, Design and Performance Standards, of this Part 2 as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one (1) or more provisions of this Part 2 is impracticable or will exact undue hardship because of peculiar conditions; and

(2) Waive requirements for the submission of information required by applicable provisions of this Part 2 and the Zoning Ordinance to be submitted on or with a plat required for such approval where sufficient credible evidence is supplied to the approving authority to support a conclusion by it that the proposed development will have no, or a negligible, impact or effect in the area where such information would be so required and that the proposed development can be adequately evaluated without such information.

B. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

Any appeal for a variance to allow a structure or use in a district restricted against such structure or use shall have three (3) copies of all supporting documents and the application filed with the administrative officer One (1) copy shall be forwarded to the Planning Board by the administrative officer together with a notice of the hearing date. The Planning Board shall review the material and may make recommendations to the Board of Adjustment at the public hearing on the application. The Planning Board's recommendations may contain, among other things, the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses elsewhere in the township; land use, traffic and other data relevant to the application which the Planning Board has in its files; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and Zoning Ordinance should the Board of Adjustment grant the variance

A.No final plat shall be approved by the approving authority until all improvements (on-site, off-site and off-tract) for which a bond is required in the public interest have been installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law and the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. The performance guaranty cost estimate shall be based on the cost of installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be, except that for off-tract improvements, the performance guaranty cost estimate shall be calculated as provided in § 100-180C of this Part 2 and otherwise as provided in this section In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law if such wage would have to be paid by the township or a party under contract with it were the township to install the improvements on default of the obligor on the guaranty. The performance guaranty cost estimate shall take account of improvements installed prior to application for approval that do not meet the standards of this Part 2 or other regulations. [Amended 4-15-80 by Ord. No. 80-6]

B. A performance guaranty cost estimate shall be submitted to the approving authority by the Municipal Engineer as part of his report on preliminary and final plat review. The approving authority may request the Municipal Engineer to review and update this estimate from time to time as required.

C. The proposed performance guaranty required for final plat approval shall be submitted to the Municipal Engineer and municipal authority for recommendations as to accuracy and form and them to the governing body for approval and acceptance by resolution

(1) The portion of the performance guaranty consisting of cash or certified check shall be deposited with the township by payment to the Township Treasurer. The Township Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on completion of all required work or, in the event of default on the part of the developer, to be used by the township to pay the costs of completing the requirements. If the required improvements are not completed or corrected in accordance with the performance guaranty and the standards of the township within the stipulated time, but no longer than two (2) years, the obligor and surety for any bond shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected, and, upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such cost from the obligor and surety. The township may, either prior to or after receipt of the proceeds of the performance guaranty, complete such improvements.

(2) The total performance guaranty shall equal one hundred twenty percent (120%) of the performance guaranty cost estimate and shall include a time limit, not to exceed two (2) years, for the proper and complete installation of the improvements for which the guaranty is given. Ninety percent (90%) of this total shall be in either cash, certified check or surety bond as specified above. The remaining ten percent (10%) shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid In the event of default the ten-percent cash fund herein mentioned shall be first applied to the completion of the requirements, and the additional cash, certified check or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The surety bond or document submitted and approved with the cash or certified check may recite the foregoing provision. The Municipal Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or extends the time allowed for installation of the improvements.

D. The Township Clerk shall immediately notify the approving authority and the Municipal Engineer when the performance guaranty has been approved and accepted by the governing bodyE. [Amended 4-15-80 by Ord. No. 80-6] Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. All improvements and utility installations shall be inspected during the time of their installation by the Municipal Engineer or his representative to ascertain satisfactory completion. The Municipal Engineer shall be notified by the developer five (5) days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall deposit with the township, for all reasonable inspection fees to be paid to the Township Engineer for the inspection of improvements, a certified check or bank money order to the Township Clerk in the amount stated below. This deposit shall be in addition to the amount of the performance guaranty, and all application fees and shall be computed as follows:

(1) The construction inspection fee deposit is to be calculated from the following tabulation based on the estimated cost of constructing the improvements (calculated in the same manner as a performance guarantee cost estimate) Which estimate is to be prepared and submitted by the applicant's engineer, and approved by the Municipal Engineer, with the concurrence of the approving authority

(2) Improvement costs, as estimated in this section, shall include construction and installation costs of grading, pavement, surveyors monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal and facilities, water mains, fire-protection features, streets, gutters, curbs, culverts, streetlighting, shade trees, parking areas, landscaping, street signs, erosion-control and sedimentation-control devices, public improvements of open space and other on-tract improvements and a portion, or all, of the cost of off-tract improvements corresponding to that portion, or all, of the cost thereof as to which a performance guaranty cost estimate is calculated under § 100-180C of this Part 2.

(3) The deposit shall be utilized to reimburse the township for all reasonable inspection fees billed by the Municipal Engineer for the inspection of improvements Prior to the utilization of any of such deposit for the reimbursement of such fees, the developer shall be notified in writing by the Township Clerk. If the developer objects to the amount of such fees as unreasonable, he shall notify the Clerk in writing of such objection within ten (10) days of the giving of such notice, otherwise he shall be deemed to have waived any right to object, to the amount of such fees In the event that the developer objects as aforesaid, his objections shall be heard by the governing body.

(4) Any of the aforesaid deposit not required for the reimbursement of such inspection fees, following the completion of the inspection of such improvements, shall be returned to the developer The developer shall reimburse the township, however, for the amount of such reasonable inspection fees over and above the amount of the deposit.

F. A representative of the Municipal Engineer's office may, at the option of the Municipal Engineer, be present at the time all work is performed No underground or undersurface installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work, road subgrade, curb and gutter forms, curbs and gutters, road paving (after each cost in the case of priming and scaling); drainage pipes and other drainage structures before backfilling, shade trees and planting strips, street name signs, and monuments.

G. When improvements (on-site, off-site and off-tract) have been required to be made in conjunction with the approval of a development under this Part 2, no construction permit and no certificate of occupancy shall be issued for any dwelling or other structure designed or to be used for human habitation or occupancy in such development, and no such dwelling or other structure shall be occupied or used, until all such required improvements, except the surface course paving of streets in the development, have been constructed or installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law. It is permissible that such streets in the development not receive surface course paving until all heavy construction is completed. Furthermore, notwithstanding the foregoing, shade trees need not be planted until all grading and earthmoving is completed, and seeding of grass areas shall be the final operation. [Amended 3-27-79]

H. Inspection by the Municipal Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claim suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress or is completed, is not upon the Municipal Engineer.

I.After completing the construction of the improvements covered by the performance guaranty, the subdivider's engineer shall prepare two (2) sets of plans of the improvements and utility plans and the profiles amended to read 'as constructed,' which shall be submitted to the governing body Upon substantial completion of all required utility improvements, and the connection of the same to any public system, the obligor may notify the governing body in writing, by certified mail, addressed in care of the Township Clerk, of the completion or substantial completion of said improvements and shall send a copy of such notification to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements of which such notice has been given and shall, within thirty (30) days of completing the inspection, report in writing to the governing body 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 [Amended 4-15-80 by Ord. No. 80-6]

J. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the content of said report and the action of said approving authority with relation thereto no later than sixty-five (65) days after receipt of the required notice from the obligor of the completion of the 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 thirty percent (30%) of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within sixty-five (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 [Amended 4-15-80 by Ord. No. 80-6]

K. If any portion of the required improvements is rejected, the approving authority 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

L.The approval of any plat under this Part 2 by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this Part 2, nor shall such plat approved obligate the township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement Acceptance of any street, drainage system or other improvement shall be implemented only by specific and appropriate action by the governing body.

M. The amount of any performance guaranty may be reduced by the governing body, by resolution, when particular items of the improvements have been certified by the Municipal 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 the governing body 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 one hundred twenty percent (120%) of the cost of installation as determined as of the time of the passage of the resolution. [Amended 4-15-80 by Ord. No. 80-6]

N. Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met

(1) The Municipal Engineer shall have certified in writing that all the improvements am complete and that they comply fully with the requirements of this Part 2 and of other applicable law.

(2) Except where waived as hereinafter provided, a maintenance guaranty has been posted with the governing body for a period of two (2) years after final acceptance of the improvement in the amount equal to fifteen percent (15%) of the cost of improvement. The requirement for a maintenance guaranty may be waived by the approving authority as to particular or all improvements where the Township Engineer has certified that such improvements have been in continuous use for such period of time, not less than one (1) year from the date of Township Engineer has certified the completion of such improvements to the approving authority, as gives assurance that such maintenance guaranty can be waived and that such improvements have been maintained during such period in a satisfactory manner

O. Provision Not withstanding the foregoing, 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 municipality for such utilities or improvements

A.site plan approval, where required under Part 1 of this chapter, is to be obtained in conformity to the provisions of this Part 2. Such site plan approval is to be obtained for all development, any part of which is within this township, which does not meet the definition of an exempt site plan as set forth in § 100-125. Site plan approval shall be required in any instance where a projected water supply demand in excess of twenty-five (25) gallons per day is involved (whether the same is projected to be demanded either in a structure or outside, as, for example, for watering vegetation, and whether or not there is a new principal use involved or an increase in water usage projected in connection with a preexisting use) and the principal use in connection with which the water supply demand is projected is not a use which is specifically exempted from the requirement of site plan approval by Part 1 of this chapter. Where site plan approval is required, final site plan approval shall be obtained prior to the issuance of a building permit, industrial use permit or a zoning permit for the development.

Subdivision approval under this Part 2 is required for any subdivision comprising or including land or premises within this township. No subdivision plat comprising or including any land within this township shall be filed, and no deed describing subdivided land within this township shall be recorded, with the county recording officer, until after required final subdivision approval has been obtained

A.Before any permit shall be issued for a conditional use, applications shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing, but within ninety-five (95) days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application Failure of the approving authority to act within the required time period shall constitute approval of the application In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property and requirements of the Zoning Ordinance" and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s) and shall conduct a public hearing on the application. The use for which a conditional use is granted shall be deemed to be a permitted use in its respective district and each conditional use shall be considered as an individual caw. In all requests for approval of conditional uses, the burden of proof shall be on the applicant.

B. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.

C. In the granting of conditional uses, the approving authority may condition the relief granted on the obtaining of a building permit or zoning permit, within one (1) year or other reasonable time specified thereafter

Any interested party may appeal to the governing body any final decision of a Board of Adjustment approving an application for a variance granted pursuant to N.J.S.A 40 55D-70d. Such appeal shall be made within ten (10) days of the date of publication of such final decision The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.

A.Site Plan Review Advisory Board may be created with membership of one (1) or more persons appointed by the Mayor for the purpose of making recommendations to the approving authority in regard to site plans, it shall have no power to vote or take other action required of the approving authority

A. There is hereby established an Historic Preservation Commission for the township, pursuant to N.J.S.A. 40:55D-107 et seq.

B.The Historic Preservation Commission shall consist of five (5) regular and two (2) alternate members.

(1) Each member of the Historic Preservation Commission shall qualify as a Class A, Class B or Class C member as set forth below, and the Historic Preservation Commission shall include at least one (1) regular member in each of the following classes:

(a) Class A persons who are knowledgeable in building design and construction or architectural history and who may reside either within or outside the township

(b) Class B persons who are knowledgeable of. or with a demonstrated interest in, local history and who may reside inside or outside the township.

(c) Class C persons who are citizens of the township and who are not designated as Class A or B and who hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment

(d) Alternate members shall meet the qualifications of Class C members.

(2) The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No 1" and "Alternate No 2."

(3) The terms of the members first appointed under this section shall be so determined that, to the greatest practicable extent, the expiration of their terms shall be distributed, in the case of regular members, evenly over the first four (4) years after their appointment, and in the case of alternate members, evenly over the first two (2) years after their appointment, provided that the initial term of no regular member shall exceed four (4) years and that the initial term of no alternate member shall exceed two (2) years. Thereafter, the term of a regular member shall be four (4) years, and the term of an alternate member shall be two (2) years.

(4) A vacancy occurring otherwise than by expiration of term shall be filed for the unexpired term only

(5) Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.

C. The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Historic Preservation Commission or a township employee

D. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No 1 shall vote A quorum shall consist of three (3) members of the Commission

E.No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest

F. A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause

G. The Historic Preservation Commission shall have the responsibility to(1) Prepare a survey of historic sites of the township pursuant to criteria identified in the survey report.

(2) Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements

(3) Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.

(4) In the event that a historic zoning district or districts, or historic site or sites, is designated on the Zoning or Official Map of the township or in any component element of the township's Master Plan

(a) Advise the Planning Board and Board of Adjustment on applications for development pursuant to N.J.S.A 40 55D-1 10, and

(b) Provide written reports pursuant to N.J.S.A 40 55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation

(5) Carry out such other advisory, educational and informational functions as will promote historic preservation in the township.

H. The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission

The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Committee. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts and grants, the amount appropriated by the Township Committee for the Commission's use

The provisions of this Part 2 shall be enforced by the Development Regulations Officer, who shall be appointed by the Township Committee for a one-year term

The provisions of this Part 2 shall be held to be minimum requirements. Where this Part 2 establishes both minimum and maximum standards, both standards shall be met even though the combination of standards may not permit development to take advantage of all standards simultaneously Where any provision of this Part 2 imposes restrictions different from those imposed by any other provision of this Part 2 or any other ordinance, rule or regulation or other provision of law, whichever provisions are most restrictive or impose the highest standards shall control

No site improvements such as. but not limited to, excavation or construction of public or private improvements shall be commenced except in conformance with this Part 2 in accordance with plat approvals and the issuance of required permits

A.In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Part 2 or any regulation made under authority conferred hereby, the proper local authorities of the township or any interested party in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, Conversion, maintenance or use; to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises

B. If, before final subdivision approval has been granted, any per-son transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, with an owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Part 2, such persons shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.

C. In addition to the foregoing, the township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and had adopted by ordinance standards and procedures in accordance with N.J.S.A. 40.55D-38.

D.Any person, firm or corporation violating any provision of this Part 2 (except for a violation of the sort described in Subsection B of this section) shall be punished by a fine of not exceeding five hundred dollars ($500 ) or by imprisonment for a term not exceeding ninety (90) days, or both; and each day that such violation continues shall constitute a separate offense.

A. Where an application for subdivision approval involves a lot fronting on a driftway as permitted by the section of the Zoning Ordinance entitled 'Lots fronting on driftways, minor subdivision or final major subdivision approval may be granted only after the following have been complied with(1) Proof, by deed or otherwise, satisfactory to the approving authority, has been submitted that the driftway (fulfilling the definition of "driftway" in this Part 2) existed prior to March 7, 1953, and continued to exist as such (fulfilling such definition) since that time, and also proof in the form of a document which is recorded or suitable for recording that the owner of the proposed lot, or owner of that lot and other lots using or having the right to use such driftway, assumes full responsibility for the maintenance of that portion of the driftway between the proposed lots and the public road and has an obligation to maintain such portion of the driftway in good and substantial condition and repair.

(2) Proof, satisfactory to the approving authority attorney [which shall generally be in the form of a title insurance commitment issued to the owner(s) of the lots to be subdivided] has been submitted to the approving authority establishing specifically that the owner(s) of all lots to be subdivided, using such driftway for ingress and egress to and from such lots and a public street, have a right, title and interest which is marketable and also insurable, by a title insurance company licensed to do business in New Jersey, to do the following

(a) Use such driftway for motor vehicle traffic, including emergency vehicles, to a width of at least forty (40) feet between such lots and a public street.

(b) Make improvements to such driftway as required by this Part 2 for the subdivision

(c) Erect and maintain at the junction of such driftway and the public street a sign stating that such driftway is a private road

(3) The right of ingress and egress over such driftway to and from the proposed lot(s) and a public street is incorporated in a deed(s) to such lot(s), and there is also incorporated in such deed(s) a statement satisfactory to the approving authority, to the effect that such driftway is a private and not a public street that there is no responsibility of the township to accept or maintain the driftway as such. There shall also be submitted to the approving authority proof that, as to all lands, other than the proposed lot(s), which would be crossed for ingress and egress between such proposed lot(s) and a public street and on which any driftway improvement, required for subdivision hereunder, would be constructed, there already exists and has been recorded an instrument granting the owner(s) of the proposed lots the rights described in Subsection A(2)(a), (b) and (c) above, or that in connection with the proposed subdivision, the applicant has obtained such instruments that they am in recordable form, duly executed and acknowledged, and will be recorded as a condition of the subdivision approval.

(4) Any proposed lot, including so-called remaining lands of any applicant for development shall have a lot area of at least five (5) acres and a continuous frontage along said driftway of at least five hundred (500) feet

(5) All of the driftway used or to be used as access to the proposed lots, including any so-called remaining lands, from its junction with a public street to any such proposed lot and any adjacent lands necessary to accommodate the improvement shall be improved, or in adequate performance guaranty as otherwise required by this Part 2 shall be furnished by the township for its improvement, as follows

(a) The traveled way, which is also sometimes hereinafter referred to as the road or roadway, shall be a minimum of eighteen (18) feet in width with a crown of three (3) inches and shall be a minimum depth of eight (8) inches of stone or light gravel on a graded and compacted subgrade. A graded shoulder of a minimum width of two (2) feet and slope of three percent (3%) shall be provided along both sides of the mad. Drainage shall be carried along the road either within parabolic swales or along the shoulder line unless existing drainageways are acceptable from a flow capacity and soil erosion standpoint Roadside cut or fill slopes shall not exceed one (1) vertical to three (3) horizontal unless such existing slopes have no evident erosion potential. Where it is deemed necessary by the Township Engineer due to the conditions, topography or course of the driftway and prospective traffic over it, a cul-de-sac may be required at the terminus of the driftway improvements with a right-of-way radius of at least sixty (60) feet and a roadway radius of at least fifty (50) feet. [Amended 7-6-82]

(b) Where required, parabolic swales shall be provided along the road and shall be in accordance with criteria established for storm sewers under the ordinance of the township governing stormwater runoff. They shall be of such width and depth which will control flow velocities so that the maximum permissible flow velocity for the given type of soil will not be exceeded. All swales shall be stabilized with pegged sod placed in the center of the swale at a width which will carry a five-year frequency design storm, except that a two-foot minimum width of sod shall be required. Swales may not be required along the downhill side of roads if it can be demonstrated that no adverse conditions will result due to runoff from the roadway. Where swales are required along the downhill side, they shall be properly bermed to prevent concentrated runoff from entering the lots. In cases where grades are less than five percent (5%) and where roadside flows do not exceed five (5) cubic feet per second for a fifteen-year-frequency design storm, the runoff may be carried along the shoulder line, provided that the shoulder width is increased to five (5) feet minimum

(c) All disturbed areas (shoulders, swales, roadside slopes, etc.) shall receive the following- Kentucky bluegrass, twenty-one (21) pounds per acre; Kentucky 31 fescue, sixty-seven (67) pounds per acre, Creeping Red fescue, twenty-five (25) pounds per acre; Redtop six (6) pounds per acre; inert. four (4) pounds per acre; limestone: four thousand (4,000) pounds per acre; fertilizer (10-10-10): six hundred (600) pounds per acre; and mulching either with unrotted straw or salt hay: one and one-half (1 1/2) to two (2) tons per am or with hydroseeding method using wood or paper fibre mulch: one thousand five hundred (1,500) pounds per acre.

(6) No maintenance guaranty as is otherwise provided in this Part 2 shall be required. The township shall have no responsibility to construct or maintain or have constructed or maintained any of the above-described improvements or any of the driftway.

(7) A hearing shall be held on such application in the same manner as is required for a major subdivision, and notice of such hearing (in addition to any notice required where the application is actually for major subdivision approval due to the number of proposed lots involved or otherwise) shall be given in the same manner as is required for a major subdivision to all owners of real property, as shown on the current tax duplicate, which touches or lies within two hundred (200) feet of any portion of the proposed lot(s) or of the involved driftway, including any portions beyond the proposed logs) [that is, portions of the driftway which will not be crossed for ingress and egress between the proposed lot(s) and a public roadway].

(8) Any document as to the maintenance or use of the driftway submitted in compliance with the provisions of Subsection A(1) or (2) shall have been duly executed by the appropriate parties and recorded in the County Clerk's office prior to, or as a condition of, approval of the application.

(9) Construction plans of the proposed driveway improvement shall be submitted. This plan shall be in sufficient detail so that, in the opinion of the Township Engineer, a performance cost estimate can be calculated and shall contain information and details as required in § 100168C(3)

(10) The applicant shall demonstrate to the satisfaction of the Township Engineer that no surface water drainage conditions detrimental to existing public streets would be created by existing driveways leading into the driftway or by the driftway itself after its improvement. The applicant may also be required to demonstrate to the satisfaction of such Engineer that a driveway could be constructed on lots utilizing the driftway where such lots do not now have a driveway without creating surface water drainage conditions detrimental to existing public streets.

(11) The applicant shall comply with all applicable laws, regulations and ordinance provisions regarding surface water management, soil erosion and sediment control.

(12) Even though an application under this section is classified as a minor subdivision, the applicant shall pay the fees as set forth in § 100-147D(l) of this Part 2 rather than the fees set forth in § 100-147B and C

(13) Unless provision has already been made for the private road sign required in Subsection A(2)(c) in connection with a prior subdivision application on a driftway, an agreement between the applicant and the township, in a form acceptable to the approving authority attorney and which is recordable, shall be executed by the appropriate parties prior to, or as a condition of, approval of the application. This shall obligate the applicant, his legal representatives and assigns to promptly erect and to maintain in good condition, perpetually or until sooner released from such obligation by the township, the sign required by Subsection A(2)(c)

B. Subdivision approval under this section shall not be granted if the granting of it would result in more than three (3) lots, which includes the remainder of the original lot being created within a twelve-month period