ARTICLE VI DEVELOPMENT APPLICATIONS PROCEDURES AND PLAT DETAILS
SECTION-6.1 APPROVAL REQUIRED

In all zones for ail proposed uses, subdivisions, site development or construction other than an "exempt development", site plan and or subdivision approval shall be required prior to:

A. Subdivision of land.

B. Issuance of a Development Permit.

C. The issuance of a Building Permit for any new structure or for any addition to or alteration of an existing structure.

D. The construction or alteration of any public facility, structure or building for which

Referral to the Planning Board for review and recommendation is required by

C. 40:55D-31.

SECTION 6.2 APPLICATION FOR DEVELOPMENT PERMIT

A. Application shall first be made to the Zoning Officer for issuance of a Development Permit by any person wishing to undertake any of the following:

1. Subdivision of land.

2. Construct a new building or structure.

3. Add to or structurally alter any existing building, except repairs as defined in this Ordinance.

4. Change of use for any nonresidential land, building or structure.

5. Construct, add to or alter any parking areas, lighting, drainage facility or any other site improvements above and/or below ground level.

6. Alter the existing condition of any parcel of land.

7. Nothing contained herein shall require a building permit or development permit for construction, alteration or repair to an existing residential structure where the cost or value thereof does not exceed $2,500.

B. If the Zoning Officer shall determine that the proposed undertaking is an "Exempt

Development" which conforms in all aspects to the requirements of this Chapter and does not require direction for issuance of a Building Permit pursuant to Section 25 or Section

27 of Chapter 291, P.L. 1975 (Municipal Land Use Law), he shall issue a Development

Permit and the applicant may then apply for a Building Permit and/or other permits that may be required, prior to commencing construction.

C. If the Zoning Officer shall determine that the proposed undertaking is an "Exempt

Development" but does not conform in all aspects to the requirements of this Chapter and/or requires direction for issuance of a Building Permit pursuant to Section 25 or 27 of Chapter 291, P.L. 1975, he shall instruct the applicant that Planning Board approval of an application for development for variance and/or direction for issuance of a Building

Permit is required before a Development Permit may be issued allowing the applicant to apply for a Building Permit and/or other permits that may be required prior to commencing construction.

D. If the Zoning Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board approval of an application for development is required. He shall further advise the applicant that the

Board has jurisdiction over the Application for Development and which of the following approvals are required.

1. Site Plan.

2. Subdivision

3. Variance

4. Conditional Use

5. Direction for issuance of a Building Permit.

E. The Planning Board shall hear and act upon any requests for granting of variances, conditional use-approval and/or direction for issuance of a Building Permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.



SECTION 6.3 PRELIMINARY DISCUSSION

Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the Planning Board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to establish general guidelines to be followed by the applicant in preparing the submission.

SECTION 6.4 APPLICATIONS FOR DEVELOPMENT

A. Submission Requirements: All applications for development shall be submitted in triplicate and shall be accompanied by at least fifteen (15) copies of the required plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the Zoning Officer unless the required fees accompany them as set forth in Article III, Section 3.4 of this Chapter, and completed checklists as set forth in

Appendix I of this Chapter.

B. Administrative Review: Upon receipt of an application for development, the Zoning

Officer shall retain the original of the application and forward the other thirteen (13) copies of the application and all plat maps, supporting attachments, exhibits and other information submitted to the Secretary of the Planning Board. The applicant shall make the following distribution of the application, plat maps and attachments:

Plat Maps & Attachments

Monmouth County Planning Board 2

Two Rivers Water Reclamation Authority 2

Borough Engineer 2

Shade Tree Commission 1

Environmental Commission 1

The Planning Board may determine that additional distribution of the application, plat map and attachments should be made to other agencies and in such cases, the applicant may be required to submit additional prints. The Planning Board may modify the requirements and distribution of plans for minor amendments and alterations to existing sites where in the discretion of said boards such requirements and distributions are not necessary.

C. Engineering Review: The Borough Engineer shall review site plans, subdivisions and conditional uses and shall advise the Planning Board and the applicant of any technical deficiencies, required changes and/or recommended changes. Eleven (11) copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative

Officer for further review.

D. Certificate of Completeness: When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been received from the Borough Engineer that the plans and attachments submitted are in technical compliance, the Secretary shall issue a Certificate of Completeness and schedule the application for development for public hearing before the Planning Board. The Applicant may request of the Secretary to appear before the Board for waivers from the condition and/or requirements that have deemed the application complete.

E. Conditional Approvals; After issuance of a Certificate of completeness/ail applications for development shall be acted upon by the Planning Board within the time limits set forth within Article III of this Chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received. If approval is granted conditioned upon the subsequent approval of another government agency and such government agency required revisions in the plat which alter the layout and/or design standards approved by the Planning Board to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board and pay the fees for such revised approval set forth in Article III, Section 3.4 of this Chapter.

F. Board Action: In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies with the following standards and regulations:

1. The proposed use is consistent with the Master Plan.

2. The Plat submission contains all of the information and data required by this Chapter.

3 . The details and improvement standards of the plat are in accord with the standards of this Chapter.

4. Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.

5. Adequate provision is made for safe and convenient pedestrian circulation.

6. Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.

7. Adequate provision has been made for the collection and disposal of storm water runoff and the proposed drainage facilities have been approved by the Borough Engineer.

8. Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.

9. Adequate provisions have been made for compliance with the Performance

Standards of this Chapter.

10. Adequate provision has been made to provide structures and uses of a quality and design, which will not produce adverse effects on existing developments in the surrounding area, or future uses designated for the surrounding area in the Master Plan.

11. The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.

3. Issuance of Development Permit: Approvals of all applications for development shall not be valid until all of the following have taken place;

1. The Zoning Officer shall certify that all conditions of approval have been satisfied.

2. In the case of applications for development for site plans subdivisions, the applicant shall submit the reproducible original and three (3) copies of the plat for signature of the Chairman and Secretary of the Planning Board, and in the case of minor subdivisions, the Borough Engineer.

3. The Zoning Officer shall receive three (3) copies of the signed plat and attachments. One (1) copy shall be retained in the files of the Administrative

Officer, one copy shall be retained in the files of the Borough Engineer and one copy shall be retained in the files of the Planning Board.

4. After signature, the Zoning Officer shall return the reproducible original of the plat and attachments to the applicant.

5. For all applications for development that receive minor or final plat approval, the

Zoning Officer shall issue a Development Permit after the plat has been signed. The date of the Development Permit shall be the date upon which the approval becomes valid. The date upon which approval of applications for development related to preliminary plats become valid shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date, which the Planning Board granted the approval.

SECTION 6.5 MINOR SUBDIVISIONS

A. Required Documents: Prior to the issuance of a Certificate of Completeness or scheduling of a minor subdivision for public hearing, the Board Secretary shall determine that the following have been submitted in proper form:

I.. A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or an authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

2. Borough Engineer's report.

3. Application for municipal and/or State wetlands approval, where required.

4. Other submittals that may be required by the Borough Engineer, Planning Board, or Federal, State or local law.

5. The application for development for a minor subdivision shall include a request for the granting of any variances required.

6. Required application fees.

7. Eleven (11) copies of a plat and attachments meeting the requirements set forth below. Upon approval, applicant shall submit, in addition two linen copies and two mylar copies prior to signature.

B. General Requirements: The Plat for a minor subdivision shall be drawn to a scale of not less than one hundred feet (100') to the inch, shall conform to the provisions of the Map

Filing Act, Chapter 141 of the Laws of 1960 of the State of New Jersey as amended and supplemented and shall include or be accompanied by the information specified below:

1. All dimensions both linear and angular, of the exterior boundaries of the subdivision, all lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one (1) part in ten thousand (10,000).

2. The minor subdivision shall be based upon a current boundary survey certified to the subdivider and prepared or recertified not less than twelve (12) months prior to the date of application.

C. Title Block: A title block shall appear on all sheets and include:

1. Title of "Minor Subdivision".

2. Name of the subdivision, if any.

3. Tax Map Sheet, block and lot number(s) of the tract to be subdivided as show on the latest Borough Tax Map, the date of which shall also be shown.

4. Acreage of the tract being subdivided to the nearest tenth of an acre.

5. Names and addresses of owner and subdivider so designated.



6. Date (of original and all revisions).

7. Name, signature, address and license number of the land surveyor who prepared the map and made the survey (the plat shall bear the embossed seal of said land surveyor).

D. Detailed Information:

1. A key map (at a scale of not less than one inch (1 ") equal one thousand feet

(1,000') 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 such streets and any zone boundaries and Borough boundary which is within five hundred feet (500') of the subdivision.

2. The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough.

3. All gone boundaries, Borough borders, soil types, existing public easements, tax map lot and block numbers, watercourses, floodways and flood hazard areas within two hundred feet (200') and both the width of the paving and the width of the right of-way of each street within two hundred feet (200') of the subdivision.

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

5. All proposed public easements or right-of-ways and the purposes thereof.

6. The existing system 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 (where required by the Board or Borough Engineer). All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.

7. North arrow.

8. Written and graphic scales.

9. A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exists. Such certification may be in a letterform signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in New Jersey.

10. Proposed lot and block numbers approved and signed by the Borough Tax

Assessor.

11. Such other information as the Board and/or Borough Engineer may require or request during the review of the application for classification and approval as a minor subdivision.

The Planning Board may waive Sections c, d, e, and f at their decision.

E. Conditions of Approval: Any approval of an application for development for a minor subdivision granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a Development Permit:

1. Installation of or posting of performance guarantees for the installation of any improvements required by the Board.

__ Payment of any outstanding real estate taxes.

Monmouth County Planning Board approval (if not previously granted).

4. Two Rivers Water Reclamation Authority approval or waiver of sewer requirements (if not previously granted).

5. Submission of additional prints of the plat map and attachments for distribution (if required).

6. Publication of a notice of the decision of the Board by the applicant.

7. Any other conditions which may be imposed by the Board or which may be required by Federal, State or local law.

F. Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:

Classified and approved as a minor subdivision by the Borough of Little Silver Planning Board on

Chairman Date

Secretary Date

Borough Engineer Date

This Plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Monmouth County on or before , which date is one hundred ninety (190) days after approval as a minor subdivision by the Borough of Little Silver Planning Board.

Secretary shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and the Borough Engineer (as to the map filing law certification) after they receive a certification from the Zoning Officer that the conditions of approval has been satisfied. After signature the plat shall be distributed as provided for in Section 6.4 of this Chapter and the signed original shall be returned to the applicant for filing.

G. Filing of Approved Plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the County recording officer a deed or the approved minor subdivision plat, drawn in compliance with the Map Filing Law, (Chapter 141 of the Laws of 1960), as amended and supplemented, within one hundred ninety (190) days from the date of approval by the Board. The applicant shall, within one (1) week after filing the subdivision, notify, in writing the Borough Engineer and Borough Tax Assessor of the date of the filing of the subdivision with the County recording officer, and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed, indicating thereon the filing date, shall be obtained from the County recording officer by the Borough who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire.

SECTION-6.6 PRELIMINARY PLAT OF A MAJOR SUBDIVISION

A. Required Documents. Prior to issuance of a Certificate of Completeness or scheduling of a preliminary plat of a major subdivision for public hearing, the Board Secretary shall determine that the following has been submitted in proper form:

1. Borough Engineer's Report.

2. Copy of application for granting of a CAFRA. Permit, where required and if submitted.

3. Application for municipal and/or State Wetlands Permit, where required.

4. Other submittals which may be required by the Borough Engineer, Planning

Board, or Federal, State or local law.

5. The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required.

6. Required application fees.

7. Eleven (11) copies of a plat and attachments meeting the requirements set forth below.

B. Plat Requirements.

1. General Requirements: All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than one (1) year years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than one hundred feet (100') to the inch for subdivisions up to one hundred (100) acres in size, and not less than two hundred feet (200') to the inch for subdivisions over one hundred (100) acres in size, and shall show or be accompanied by the information specified below.

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

a. "Preliminary Plat - Major Subdivision."

b. Name of subdivision/ if any.

c. Tax map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.

d. Date (of original and all revisions).

e. Names and addresses of owner and subdivider, so designated.

f. Name(s), signature (s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)

3. A key map (at a scale of not less than one inch (1 ") equals one thousand feet

(1,000') 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 such streets and any zone boundary or Borough boundary which is within five hundred feet (500') of the subdivision.

4. A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.

5. Zone boundaries, Borough borders, soil types and the names of all owners, lot and block numbers and property lines of parcels within two hundred feet (200') of the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough, or of the municipality of which the property is a part.

6. The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.

7. Contours:

a. Existing one foot (1') interval contours based on United States Coast and

Geodetic Survey datum (MSL=0) shall be shown extending a minimum of one hundred feet (100') 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 five percent (5%), a two foot (2') interval may be used, and if the slopes exceed ten percent (10%), a five foot (5') interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography,

a check profile shall be made on .the boundary line of the tract and certified by a New Jersey licensed land surveyor.

b. Ninety percent (90%) of elevations interpolated from contour lines will be within one-half (1/2) the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest one-tenth (0.1) foot and accurate to within three-tenths (0.3) of afoot.

c. Ninety percent (90%) of all planimetric features shown on the map will be within one-fortieth (1/40) inch of their true position and no planimetric features will be out of true position more than one-twentieth (1/20) inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.

8. All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within two hundred feet (200') of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street, within two hundred feet (200') of the subdivision.

9. 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.

10. The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within two hundred feet (200') thereof.

11. The layout of the proposed subdivision drawn in compliance with the provisions of the Chapter.

12. 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.

13. The existing system 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.

14. 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.

15. All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within minus zero percent (-0%) and plus four percent l+4%) [for example, a lot line specified as two hundred fifty (250) feet long should not be less than two hundred fifty (250) feet but may be as long as two hundred sixty (260) feet].

16. North arrow and basis therefor and written and graphic scales.

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

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

19. The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all cul-de-sacs, at all internal street intersections, along street tangents at intervals not exceeding five hundred (500) feet, and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus ten (10) feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider fifteen

(15) days notice of the date of any proposed site inspection by the Board, so the points can be set.

20. The tentative plat shall show, on the property to be subdivided and within two hundred (200) feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.

21. Preliminary on-site grading and drainage plan:

a. The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage including the approximate proposed grading contours at one foot intervals, except if slopes exceed five percent (5%), a two foot interval may be used, and if they exceed ten percent

(10%), a five foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL-0) and the source of datum shall be noted.

b. The plan shall outline the approximate area contributing to each inlet.

c. All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.

d. The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with the standards set forth in this Chapter.

22. Preliminary , off -site drain e plan The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:

a. The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

b. Pertinent off-site existing drainage, which received or discharges runoff from or onto the site, shall be noted by an engineering report. The Borough

Engineer may at his discretion require plats showing elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.

c. To the extent that information is available and may be obtained from the

County or Borough Engineer (s), any existing plans for drainage improvements shall be noted.

d. In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.

23. Boring Logs: Unless the Borough Engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analysis for borings made in accordance with the following requirements:

a. Borings shall be spaced evenly throughout the tract.

b. One (1) boring not less than fifteen feet (15') below the proposed grade or twenty feet (20') minimum depth shall be made for every five (5) acres, or portion thereof, of land within the tract where the water table is found to be ten feet (10) or more below the proposed or existing grade at all boring locations.

c. One (1) additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than ten feet (10') below the proposed or existing grade.

d. In addition to the above, in those areas where the water table is found to be five feet (5) or less below the existing or proposed grade, two (2) additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one (1) boring will be 1 located on each lot within the building setback lines.

e. Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth (0.1) of afoot.

f. Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet (2') of the existing surface of the land, or within two feet (2) of proposed grade, or all areas within which two feet

(2') or more of fill is contemplated or has previously been placed.

24. The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.

25. Sectionalization and staging plans: The preliminary sectionalization and staging plan showing the following:

a. If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each 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.

b.The sectionalization and staging plan shall identify for each lot or groups of lots in the subdivision those improvements that will be completed prior to application for Certificate of Occupancy. The plan should demonstrate that the staging of construction will minimise adverse affects upon occupied buildings in the subdivision and adjoining properties.

26. In addition to the requirements of the map filing act, if the Borough Engineer, Shade Tree Commission, Planning Board, or Environmental Commission determines that the existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper, and type be shown on the plat for the following:

a. Living deciduous trees having a trunk of six inches (6") diameter or more at breast height.

b.All living coniferous trees having a trunk of six (6") inches or more diameter at breast height.

c. All living dogwood (Corpus Florida) or American Holly (Ilex Opaca) trees having a trunk of one inch (1 ") or greater at breast height.

d.All native laurel (Kalraia Latifolia) shrubs having a root crown of three inches (3") or greater measured at the soil or surface level.

27. The location of proposed depressed pedestrian ramps and other facilities for the handicapped.

28. Such other information as the Board and/or Borough Engineer may require or request during the review of the preliminary plat.

Conditions of Approval: Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:

1. Submission of additional prints of the plat and attachments for distribution (if required).

2. Preliminary Monmouth County Planning Board approval (if not previously granted).

3. Preliminary Two Rivers Water Reclamation Authority approval (if not previously granted).

4. Publication of a notice of decision of the Board by the applicant.

5. Freehold Soil Conservations District approval.

6. Any other conditions which may be imposed by the Board or may be required by

Federal, State or local law.

7. Signature of Tax Assessor as to approval of new lot designations. The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.

D. Certification: In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:

Approved as a preliminary plat of a major subdivision by the Borough of Little Silver Planning Board on

Chairman Date

Secretary Date

Borough Engineer Date shall be endorsed as the preliminary plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman Secretary of the Board, and Board Engineer after they have received certification from the Zoning Officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in Section 6.4 of this Chapter and the signed original shall be returned to the applicant.

E. Applicants Ri is Upon Approval: Approval of a preliminary plat shall confer upon the applicant the rights set forth in C. 40:55D-49 and Section 3.1, J, 5 of this Chapter.

F. Improvements not to be Installed: Approval of a preliminary plat shall not Confer upon the developer the right to undertake any clearing, grading, and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning

Board and the Borough Engineer that (1) such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and (2) that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect oil tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.