a. The overall extent of regarding and/or stripping of native or existing vegetation on steep slopes on any tract of land which is the subject of an application for subdivision or site plan approval shall be limited by the following standards established in this paragraph. When granting preliminary minor subdivision or minor site plan approval or preliminary or final subdivision or site plan approval, the Planning Board shall establish the extent of allowable slope disturbance for each individual lot and parcel in such manner that the aggregate slope disturbance for all the individual lots and parcels comprising the development application does not exceed the allowable slope disturbance for the entire tract.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 26- 2006.

b. When granting preliminary subdivision approval, the Planning Board shall establish the extent of allowable slope disturbance for each individual lot in such manner that the aggregate slope disturbance for all of the individual lots does not exceed the allowable slope disturbance for the entire tract.

c. All construction activity on any lot created by subdivision approval where the Planning Board has fixed the extent of allowable slope disturbance when granting preliminary subdivision approval shall be conducted strictly in accordance with the limits of disturbance established for such lot and shown on the approved drawings.

d. All construction activity on any lot for which preliminary site plan approval has been granted shall be conducted strictly in accordance with the limits of disturbance established for such lot and shown on the approved site plan.

e. All construction activity on lots, created by subdivision approval or otherwise, for which the Planning Board has not fixed the limits of allowable slope disturbance when granting preliminary subdivision approval, shall be conducted so that such activity will not result in grading and/or stripping of natural or existing vegetation in excess of the limitation standards established in this section.

a. All boundaries of conservation easements, wetlands and transition areas shall be delineated with a sufficient number of permanent markers to clearly identify the boundaries of the easement, so that encroachment into the easement does not occur. All such markers shall be in accordance with Mendham -township Standard Detail G10.

b. To prevent adverse impacts on conservation easements and delineated wetlands and transition areas during construction, the following guidelines shall be employed:

1. All boundary markers shall be installed prior to the commencement of onsite construction.

2. A snow fence shall be installed in the area of disturbance outside of the conservation easement, wetlands or wetlands transition 9-rea boundary lines prior to the commencement of onsite construction, so as to prevent encroachment into these protected areas.

3. A silt fence and hay bales shall be, installed downslope from any construction disturbance adjacent to the wetlands and transition areas so as to prevent the transport of silt into these areas.

4. The applicant or developer of the property shall not encroach into state-regulated wetland and transition areas. All existing onsite vegetation within conservation easements, wetlands and transition areas shall be preserved.

**Webmasters Note: The previous section has been amended as per Ordinance No. 17-2006.

In the case of a subdivision or site plan for a planned development, including residential cluster, the planning board shall find the following facts and conclusions prior to granting subdivision or site plan approval.

a. Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards in Chapter XXI, Zoning Regulations, established in accordance with the provisions of Section 52e of the Municipal Land Use Law.

b. The proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

c. Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

d. The proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

e. In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

The arrangement and location of internal roadways, parking areas and garages shall be subject to approval of the. planning board and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.

All common open spaces shall be attractively landscaped with grass lawns, trees and shrubs. When appropriate, provision shall be made for the preservation of desirable existing trees and natural features.

Upon application the planning board may grant permission in connection with a development project for the temporary use of a trailer or a single-family dwelling as a construction office and/or a real estate sales office. in granting approval, the planning board may establish conditions deemed necessary for the protection of the environment and the use and enjoyment of residential properties in the neighborhood. Permission granted pursuant to this section shall not be for a period exceeding one (1) year. Such permission may be renewed annually upon re-application, but the total period of temporary use shall not exceed three (3) years.

Whenever work is undertaken upon any lot, one (1) sign may be maintained on that lot during such construction work. In the event of a subdivision only one (1) sign may be maintained on the same street frontage. No sign shall have an area greater than twelve (12) square feet, and no sign shall have a setback of less than ten (10) feet from the street right-of-way line The sign and its supports shall be removed upon the issuance of a certificate of occupancy for the building on the lot upon which the sign is located.

The planning board when acting upon applications for subdivision approval or for site plan approval shall have the power to grant such exceptions from the requirements for subdivision approval or site plan approval, as the case may be, as may be reasonable and within the general purpose and intent of the provisions governing such approvals if the literal enforcement of one or more of such provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

If before final subdivision approval has been granted any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000.00, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the township may institute and maintain a civil action:

For injunctive relief; and

To set aside and invalidate conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of the Municipal Land Use law.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded.