(2) The Planning Board or Board of Adjustment 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.

C. Completeness review.

(1) [Added 12-13-1993 by Ord. No. 670] The borough shall utilize the following completeness checklists, which shall be available from the administrative officer (Planning Board Clerk or Board of Adjustment Secretary) and are hereby adopted:

(a) Informal Review Checklist (Exhibit A).

(b) Site Plan Waiver Checklist (Exhibit B).

(c) Minor Site Plan Checklist (Exhibit C).

(d) Preliminary Major Site Plan Checklist (Exhibit D).

(e) Final Major Site Plan Checklist (Exhibit E).

(f) Minor Subdivision Checklist (Exhibit F).

(g) Preliminary Plat of a Major Subdivision Checklist (Exhibit G).

(h) Final Plat of a Major Subdivision Checklist (Exhibit H).

(i) Variance Checklist (Exhibit 1).

(j) General Development Plan Checklist (Exhibit

J). [Added 12-9-1996 by Ord. No. 725]

(2) When all submission requirements have been fulfilled and, in case of major site plans, subdivisions and conditional uses, when completeness review reports have been received from the Borough Engineer certifying that the plans and attachments are in compliance with all submission requirements, the administrative officer (Planning Board Clerk or Board of Adjustment Secretary) will, if all other requirements have been met, deem the application complete and issue a certificate of completeness and forward the application to the municipal agency for hearing.

(3) An application for development shall be deemed to be properly submitted unless the administrative officer determines that it does not fulfill the criteria for a complete application pursuant to § 946.5, Minor subdivisions; § 94-6.6, Minor site plans; § 94-6.7, Variances; § 94-6.8, Preliminary plat of major subdivision; § 94-6.9, Preliminary plat of major site plan; § 94-6.10, Final plat of major subdivision; § 94-6.11, Final plat of major site plan; and § 94-6.12, Exempt development; and the administrative officer has done the following:

(a) Provided the applicant with a checklist indicating the criteria for a complete application; and

(b) Notified the applicant in writing of the deficiencies of the submitted applications within forty-five (45) days of such application.

D. Engineering review. The Borough Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning Board and/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes. 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 as required.

E. Conditional approvals.

(1) After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth in 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.

(2) If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment 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 or Board of Adjustment and pay the fees for such revised approval set forth in § 94-3.14 of this chapter.

F. [Amended 7-11-88 by Ord. No. 575] Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies to 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 stormwater 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 provision has 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.

(12) The proposed development is compatible with environmental and/or historical characteristics and conditions of the site and nearby parcels of land.

(13) In any B-1, B-2 or HC/PO Zone where sidewalks will be used by pedestrians, the planned location of a developer furnished litter receptacle may be required to be shown on the plat if no such litter receptacle exists within one-fourth (1/4) mile of the proposed site. Section 42-7 of this codification shall apply to the servicing of such litter receptacles.

F.1 [Added 11-13-1995 by Ord. No. 708] Planned developments. Site plans for planned developments shall conform to the requirements for conventional site plans in accordance with the requirements of Chapter 94, Zoning and Land Development, as written and as the same may hereafter be amended, as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede site plan requirements. Approvals shall be for a period not to exceed five years from the date of the resolution granting approval. The following additional requirements shall be satisfied prior to final approval:

(1) The staging proposals for any planned development shall ensure that each stage shall provide for completion of all streets, utilities and services necessary for the section whether located within or outside the section.

(2) The Planning Board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the borough.

(3) The legal documents proposed to provide for deed restrictions, cross access agreements and cross maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

(4) All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or residents of the development in accordance with N.J.S.A. 40:55D-43.

(5) Any areas designated as wetlands or wetland buffers shall be deed restricted except for those lands for which state approval for development has been granted,

G. Reproduction of final site plans and plats and issuance of development permit. Approvals of all applications for development shall not be valid until all the following have taken place:

(1) The Administrative Officer (Planning Board or Board of Adjustment Secretary) shall certify that all conditions of approval have been satisfied.

(2) In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary of the Planning Board or Board of Adjustment, Borough Engineer and/or borough surveyor as required herein.

(3) The applicant shall provide six (6) copies of the plat and attachments. After the signature, the Administrative Officer shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant. One (1) copy shall be retained in the files of the Administrative Officer, two (2) copies shall be retained in the files of the Borough Engineer, one (1) copy shall be retained in the files of the Construction Official and one (1) copy to the applicant.

(4) After signature and reproduction, the Administrative 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 Administrative 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 the approval of applications for development related to preliminary plats becomes valid shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.

(6) Waiver of requirements. The municipal agency may, upon specific written request of an applicant, consider and approve or deny requests for waiver of submission requirements or for any of the specific plat detail requirements set forth in this Article. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for the request of waiver. An application which meets all submission and detail requirements will be considered complete. If a request for a waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications and all time limits will recommence as for new applications.

A. Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the Planning Board Subdivision Committee or Board of Adjustment shall determine that the following have been submitted in proper form:

(1) 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 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) The Borough Engineer's report.

(3) An application for state wetlands approval, where required.

(4) Other submittals that may be required by the Borough Engineer, Planning Board or Board of Adjustment, or federal, state, county or municipal law.

(5) The application for development for a minor subdivision or minor site plan shall include a request for the granting of any variances required.

(6) Required application fees as set forth in § 94-3.14 of this chapter.

(7) Thirty (30) copies of a completed application form.

(8) Thirty-three (33) copies of a plat and attachments meeting the requirements set forth below. [Amended 12-13-1993 by Ord. No. 670]

(9) Proof of service of notice in conformance with § 94-3.3D of this chapter.

B. Plat requirements.

(1) [Amended 12-13-1993 by Ord. No. 670] General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than thirty (30) feet to the inch, shall conform to the provisions of the New Jersey Map Filing Law (N.J.S.A. 46:23- 9.9 et seq.) and shall include or be accompanied by the information specified below:

(a) 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 descriptions shall close within a limit of error of not more than one (1) part in ten thousand (10,000).

(b) The minor subdivision shall be based upon a current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys, certified to the subdivider and prepared or recertified by a licensed professional land surveyor.

(2) Title block. A title block shall appear on all sheets and include:

(a) A title to read "Minor subdivision."

(b) The name of the subdivision, if any.

(c) The 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) The acreage of the tract being subdivided to the nearest hundredth of an acre.

(e) The names and addresses of the owner and subdivider so designated.

(f) The date of the original and all revisions.

(g) The 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.

(3) Detailed information.

(a) A key map [at a scale of not less than one (1) inch equals one thousand (1,000) 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 such streets and any zone district boundaries and borough boundaries which are within five hundred (500) feet of the subdivision.

(b) 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.

(c) All zone district boundaries, borough borders, existing public easements, Tax Map lot and block numbers, watercourses, floodways and flood hazard areas within two hundred (200) feet and both the width of the paving and the width of the right-of- way of each street within two hundred (200) feet of the subdivision.

(d) 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.

(e) All proposed public easements or rights-of-way and the purposes thereof.

(f) 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, where required by the Board or Borough Engineer.

(g) 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.

(h) The North arrow.

(i) Written and graphic scales.

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

(k) Proposed lot and block numbers as assigned by the Borough Tax Assessor in accordance with the digitized lot-numbering system specifications promulgated by the New Jersey Division of Taxation.

(l) Such other information as the municipal agency may require or request during the review of the application for classification and approval as a minor subdivision.

C. Action on minor subdivision application.

(1) By the Planning Board. If an application is referred to the Planning Board, the Board will take action within forty-five (45) days of the date of submission of a complete application. Any referrals by the Subdivision Committee will be made in a timely manner so that the Board can take action within the time allowed.

(2) By the Zoning Board of Adjustment. If an application for classification and approval as a minor subdivision is before the Board of Adjustment, it may be classified and approved as a minor subdivision by a majority vote of a quorum of the Board, with or without conditions. [if such action is simultaneous with action on a variance pursuant to § 94-3.2K(1)(d) of this chapter or N.J.S.A. 40:55D-70d, an affirmative vote of at least two-thirds (2/3) of the full authorized membership of the Board is required.]

(3) Time limits for minor subdivision approvals. Minor subdivision approvals shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the Monmouth County Planning Board is required by N.J.S.A. 40:27-6.3, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period. Except as provided in Subsection C(5) below, approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer. [Amended 12-13-1993 by Ord. No. 6701

(4) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in Subsection C(3) above. [Added 12-13-1993 by Ord. No. 670]

(5) The Planning Board may extend the one-hundred ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C(3) if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after what would otherwise be the expiration date. [Added 12-13-1993 by Ord. No. 670]

(6) The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. [Added 12-13-1993 by Ord. No. 6701

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

(1) Installation of or posting of performance guaranties for the installation of any improvements required by the Board.

(2) Payment of any outstanding real estate taxes and property improvement assessments.

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

(4) Northeast Monmouth County Regional Sewerage Authority approval, 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 administrative officer (Planning Board Secretary or Board of Adjustment Secretary) within the time set forth in § 94-3.3E of this chapter.

(7) Any other conditions which may be imposed by the Board or which may be required by federal, state or municipal law.

(8) A condition setting forth the time within which all conditions must be satisfied as described in § 94-3.3F of this chapter.

E. Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in the following form shall be endorsed as the minor subdivision, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman, Secretary and Engineer of the Board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the subdivision plat shall be reproduced as provided in § 94-6.4G of this chapter, and the signed original shall be returned to the applicant.

Borough Engineer/Land Surveyor