A. Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing, the Planning Board Site Plan Committee or Board of Adjustment shall determine that the following has been submitted in proper form:

(1) The Borough Engineer's report.

(2) The application for state wetlands approval, if required.

(3) The application for a stream encroachment permit, where required.

(4) Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

(5) Other submittals that may be required by the Planning Board, Board of Adjustment or federal, state or local law.

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

(7) Twenty-seven (27) copies of a plat and attachments meeting the requirements set forth below.

(8) When required, five (5) copies of an environmental impact report (EIR) meeting the requirements of § 94-8.15.

B. Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled 'Final plat - major site plan."

C. Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board or Board of Adjustment, prior to the signing of the plat or issuance of a development permit:

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

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

(3) Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) within the time set forth in § 943.3E of this chapter.

(4) Final Monmouth County Planning Board approval, if not previously obtained.

(5) Final Northeast Monmouth County Regional Sewerage Authority approval, if not previously obtained.

(6) Final Monmouth Consolidated Water Company approval.

(7) Final Jersey Central Power and Light Company, New Jersey Natural Gas Company, Bell Telephone Company and Cable Television Company service agreements, if applicable.

(8) Certification of soil erosion and sediment control plans, if not previously obtained.

(9) Fire Department approval, if not previously obtained.

(10) Granting of state wetlands permit, if required.

(11) Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental protection, where required.

(12) Granting of a Coastal Area Facilities Review Act (CAFRA) permit, where required.

(13) Approval of any required riparian grants or licenses.

(14) Granting of any required construction permits.

(15) Posting of required performance guaranties.

(16) Payment of required inspection fees.

(17) Evidence of a comprehensive general liability insurance policy in an amount not less than three hundred thousand dollars ($300,000.) per occurrence indemnifying and saving harmless the borough and its agencies, employees and agents from any liability for any acts of the developer or his agents from any liability for any acts of the developer or his agents, contractors or employees in implementing of the approved site plan. The insurance policy shall provide for ten (10) days notice to the borough prior to cancellation. It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having a current valid evidence of insurance on file.

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

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

D. Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:

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 after they receive a certification from the Administrative Officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval have been satisfied. After the signature, the plat shall be reproduced as provided for in § 94-6.4G of this chapter, and the original shall be returned to the applicant.

E. Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with the New Jersey Map Filing Law, as amended and supplemented, within ninety-five (95) days from the date upon which said plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one (1) week after filing the subdivision with the county recording officer, notify in writing the Borough Engineer and Borough Tax Assessor of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the county recording officer by the Planning Board Clerk who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed ninety-five (95) days for good cause shown.

F. Final approval. Application for final site plan approval shall be granted or denied within forty-five (45) days of submission of a complete application to the administrative officer (Planning Board or Board of Adjustment Secretary) or within such further time as may be consented to by the applicant.

G. Effect of final approval. [Amended 12-13-1993 by Ord. No. 670]

(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A 40:55D- 49, whether conditionally or otherwise, shall not be changed for a period of two

(2) years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for an extension of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section granted final approval.

(2) In the case of a site plan for a planned development of fifty (50) acres or more, conventional site plan for one hundred (150) acres or more or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Planning Board may grant the rights referred to in Subsection GM above for such period of time, longer than two (2) years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(3) Whenever the Planning Board grants an extension of final approval pursuant to Subsection G(1) or (2) above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4) The Planning Board shall grant an extension of final 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 these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection GM or (2) above.

H. Combined preliminary and final major site plan approval.

(1) An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major site plan approval, provided that:

(a) The proposed development is not to be constructed in sections or stages.

(b) The applicant pays the application fees and provides all submissions required for both preliminary and final applications.

(c) Any notice of hearing requirements applicable to the preliminary plat stage are complied with.

(d) The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.

(e) The Board is satisfied that the scope of the project is not so large nor so complex as to require the additional review time which separate applications would provide.

(2) Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.

A. Required documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, the administrative officer (Board of Adjustment Secretary) shall, prior to issuance of a certificate of completeness or scheduling of the application for development for a public hearing before the Board of Adjustment, determine that the following has been submitted in proper form:

(1) Required application fees.

(2) Seven (7) copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested.

(3) Seven (7) copies of an area map showing the tax lot and block numbers of all properties located within two hundred (200) feet of the property for which the application is being made.

(4) Any other documents which the Board of Adjustment may request.

B. Conditions of approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:

(1) The applicant obtaining a construction permit or certificate of occupancy, where a construction permit is not required, within the time period stated in § 94-3.2 of this chapter.

(2) Any other conditions which the Board of Adjustment may impose.