Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[Amended by Ord. No. 5-96]
Upon receipt of an application, the Town Clerk shall forward same to the Secretary of the Planning Board who, in turn, shall forward same to the Subdivision and Site Plan Committee and in addition shall send a copy to each of the following for report and recommendation: Tax Assessor; County Planning Board, if required pursuant to the County Land Development Standards; and such other municipal, County, State and Federal Officials and agencies as directed by the Subdivision and Site Plan Committee.
A. 
The Subdivision and Site Plan Committee shall review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board.
B. 
Action by Planning Board.
(1) 
The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below, or within such further time as may be consented to by the applicant.
Type of Application
Period of Time
For Action By
Planning Board
Minor subdivision
45 days
Preliminary plat: 10 lots or less
45 days
Preliminary plat: more than 10 lots
95 days
Minor site plan
45 days
Preliminary site plan: 10 acres of or less
45 days
Preliminary site plan: more than 10 acres of land
95 days
Final plat
45 days
Final site plan
45 days
(2) 
Failure of the Planning Board to act within the period prescribed shall constitute approval and a certificate of the Town Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or the Town Clerk as to the failure of the Planning Board to act shall be issued on 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. The applicant shall be notified in writing of the Planning Board's action within one week of its action.
C. 
Whenever review or approval of an application by the County Planning Board is required by the County Land Development Standards, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
Prior to returning the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following: Construction Official; Tax Assessor; County Planning Board; Secretary of the Planning Board; and such other agency or official as may be directed by the Planning Board.
E. 
No approved subdivision plat or site plan shall be signed until all municipal conditions in the resolution of approval have been met and verified. No permits shall be issued until the maps are signed by the Chairman and Secretary of the Board and the Town Engineer.
[Amended by Ord. No. 17-92]
A minor subdivision or minor site plan application shall be filed in accordance with Article VIII and shall contain all the information prescribed in § 300-43B or 300-44B as the case may be, as well as all information indicated on the checklist referred to in § 300-36.
A. 
Following report from the Subdivision and Site Plan Committee in accordance with § 300-38A, the Planning Board shall approve or deny the application pursuant to § 300-38B. Minor subdivision or minor site plan approval shall be deemed to be final approval by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Articles XI and XII.
B. 
The Chairman and Secretary of the Planning Board shall affix their signatures to any approved minor subdivision or site plan and it shall be returned to the applicant within one week following action or compliance with action by the Planning Board.
C. 
Except as provided in Subsection E below, approval of a minor subdivision shall expire 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 Town Engineer and the Town Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.
D. 
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 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 this section.
E. 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section if the developer proves to the reasonable satisfaction of the Planning Board:
(1) 
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
(2) 
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 the extension either before or after what would otherwise be the expiration date.
F. 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the board but not exceeding one 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:
(1) 
What would otherwise be the expiration date of minor subdivision approval; or
(2) 
The 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
G. 
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this Act or under any Act repealed by this Act, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
H. 
If it is determined that the application is a major subdivision or site plan, the applicant will be so notified. No further Planning Board action on the application shall be required and the subdivider shall follow the procedures contained herein for preliminary and final approval.
[Amended by Ord. No. 17-92]
Application for approval of a preliminary plat or site plan following classification shall be filed in accordance with Article IX and shall contain all information prescribed in Article X as the case may be, as well as all information indicated on the checklist referred to in § 300-36.
A. 
Following report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in compliance with this and all ordinances of the Town and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application following the procedures in § 300-7. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application which shall be proceeded upon as in the manner of the original application with the same time limitations and procedures.
B. 
Whenever after public hearing the Planning Board shall grant preliminary approval, the Board shall adopt a resolution with respect thereto, enumerating the plat and plans thereby approved and establishing the terms and conditions of approval and specifying the conditions which must be satisfied prior to final approval. A copy of the resolution shall be attached to the preliminary plat or plan, which shall be signed by the Chairman and Secretary of the Board.
C. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter together with any conditions imposed by the Board, grant preliminary approval.
D. 
Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in Subsection E of this section, confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted.
(1) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 300-47; except that nothing herein shall be construed to prevent the municipality for modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(4) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) through (3) above for such period of time, longer than three 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 preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary 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 and under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
E. 
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection D(3) or (4) of this section and preliminary 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.
F. 
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one 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:
(1) 
What would otherwise be the expiration date of preliminary approval of; or
(2) 
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 D(3) or (4) of this section.
[Amended by Ord. No. 17-92; Ord. No. 5-96]
A. 
Installation of improvements and/or posting of performance guaranty.
(1) 
Following preliminary approval, but prior to final approval, the applicant may elect to install all required improvements as specified in Article XI under the inspection of the Town Engineer, or he may post performance guaranties.
(2) 
Following installation of improvements and/or posting performance guaranties as provided above, the applicant shall be entitled to final subdivision plat approval and, after filing of the plat, shall be entitled to receive building permits in the development or section thereof for which final approval was obtained; provided, however, that no certificate of occupancy shall be issued until the complete installation of all required improvements except the following:
(a) 
The final surface course of the street pavement as set forth in ordinances governing the opening and improvements of streets.
(b) 
Monuments as required in § 300-46G.
(c) 
Shade trees as required in § 300-46H.
(3) 
All improvements covered by the performance guaranties shall be completed within 18 months of final approval unless an extension of time is granted by the approving municipal agency.
(4) 
Prior to the beginning of construction in connection with an approved subdivision or site plan, a preconstruction meeting between the developer and the Town Engineer shall be held. Said meeting shall be arranged by the developer with at least two weeks' notice to the Town Engineer. The purposes of the meeting shall be to review all pertinent conditions of approval, establish dates when construction is to commence, the schedule of construction, construction practices, inspection procedures and other applicable policies and procedures. Conditions of approval of outside agencies shall also be reviewed at the preconstruction meeting. In addition, the developer shall make available at the meeting copies of all outside agency approvals along with an affidavit that all required approvals have been obtained. All the above conditions shall be included in any resolution of approval.
B. 
Installation for site plans. Prior to the filing of an application for final site plan approval, the applicant shall have installed any public on-tract improvements described in § 300-47 or shall have posted performance guaranties, all as provided in Subsection A above. Also prior to the filing of an application for final site plan approval, the applicant shall have installed any on-site improvements specified in § 300-47 as the Planning Board may determine are necessary prior to building construction or the posting of performance guaranties. In the case of a site plan for multifamily housing, a certificate of occupancy for any dwelling unit shall not be issued until improvements associated with the development or the applicable section thereof, except final landscaping features, have been installed.
C. 
Off-tract improvements. Also in conjunction with the filing of an application for final subdivision or site plan approval, the applicant shall have installed or paid his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Article XII.
D. 
If improvements are required to be constructed as a condition of minor subdivision approval, the applicant shall complete all such improvements within one year from the date of approval of said minor subdivision. The applicant shall post a performance guaranty in accordance with the requirements applicable thereto for a major subdivision.
E. 
Performance guaranty. No performance guaranty shall be considered filed or accepted for filing with the Town unless and until the following conditions are met:
(1) 
Final construction plans and an estimate of the cost of construction have been filed with the governing body.
(2) 
The Town Engineer shall have certified in writing to the Planning Board that the amount thereof is sufficient to assure the completion of the improvements.
(3) 
The Town Attorney shall have approved the sufficiency of the form and execution of said performance guaranty. If the applicant elects to post performance guaranties pursuant to this subsection, the final plat shall contain the following statement in bold letters:
NOTICE
CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS IS TO BE COMPLETED WITHIN 18 MONTHS OF FINAL APPROVAL UNLESS AN EXTENSION OF TIME HAS BEEN OBTAINED FROM THE APPROPRIATE MUNICIPAL AGENCY. THE MUNICIPALITY HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED, NOR TO COMPLETE ANY IMPROVEMENTS COMMENCED BY THE DEVELOPER EXCEPT TO THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTIES POSTED BY THE DEVELOPER WITH THE MUNICIPALITY.
F. 
Phasing. Prior to the granting of final approval where the developer has elected to post performance guaranties for any improvements, the Planning Board shall establish a time schedule or phasing plan for the installation of improvements and a level of monetary guaranties coordinated with that schedule or plan in order to protect the town. Failure of the developer to meet any time limit or phasing deadline shall necessitate review by the Planning Board. Timing or phasing of improvements shall be established with consideration of the following factors:
(1) 
The estimated amount of time needed to install all improvements;
(2) 
Physical characteristics of the site;
(3) 
Current market and economic conditions;
(4) 
The estimated cost of improvements and the nature of the performance guaranties; and
(5) 
Representations of the developer relative to his ability to meet the deadlines to be established.
G. 
Any time schedule and phasing plan shall be incorporated into the developer's agreement referred to in § 300-41U. It shall be the responsibility of the Town Engineer to monitor progress of installation of improvements and the sufficiency of the performance guaranty as development progresses. In the event the Town Engineer determines, at any time, that guaranties are insufficient to cover the completion of improvements, he may, with the concurrence of the Town Attorney, adjust the limits of the guaranties to not more than 120% of the estimated cost of the improvements. Any determination by the Town Engineer may be appealed to the Zoning Board of Adjustment within 10 days of such determination. Failure of the developer to comply with the decision of the Town Engineer or to appeal said decision shall require immediate cessation of construction.
H. 
Conditions of the performance guaranty. The performance guaranty for the installation of improvements shall be in favor of the Town of Boonton in an amount equal to 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements which the approving authority may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor. At least 10% of the performance guaranty shall be in the form of cash or a certified check made payable to the Town of Boonton. The balance may be in the form of cash, a certified check, a letter of credit, a performance bond from a bonding company with an "A" or better rating or any combination of the foregoing.
I. 
Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the governing body following recommendation by the Planning Board by resolution for an additional period not exceeding 18 months.
J. 
Extension of time. 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 120% of the cost of the installation as determined as of the time of the passage of the resolution.
K. 
Any cash or certified check furnished as a performance guaranty in favor of the Town shall be held in escrow by the Town and deposited or invested in the manner prescribed by law, the principal amount shall be refunded to the obligor upon release from liability or reduction in the amount of the performance guaranty.
L. 
Liability. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Town for the reasonable cost of the improvements not installed or improperly installed and, upon receipt of the proceeds thereof, the Town shall install or correct such improvements. The cost of such improvements shall first be paid from the cash portion of the performance guaranty. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
M. 
Release of guaranties; inspection of improvements.
(1) 
Request for list.
(a) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the Mayor and Board of Aldermen, in writing, by certified mail addressed in care of the Town Clerk, that the Town Engineer prepare, in accordance with the itemized cost estimate prepared by the Town Engineer and appended to the performance guaranty pursuant to Subsection H of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Town Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Town Engineer shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the Mayor and Board of Aldermen, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b) 
The list prepared by the Town Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Town Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance, with the itemized cost estimate prepared by the Town Engineer and appended to the performance guaranty pursuant to Subsection H of this section.
(2) 
Approval of improvements.
(a) 
The Mayor and Board of Aldermen, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Town Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Town Engineer and appended to the performance guaranty pursuant to Subsection H of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Town Engineer. Upon adoption of the resolution by the Mayor and Board of Aldermen, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
(b) 
Failure to send list or approve.
[1] 
If the Town Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection M(1)(a) of this section within 45 days from receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the Town Engineer to provide the list and report within a stated time and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
[2] 
If the Mayor and Board of Aldermen fail to approve or reject the improvements determined by the Town Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Town Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Town Engineer and appended to the performance guaranty pursuant to Subsection H of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(c) 
In the event that the obligor has made a cash deposit with the Town or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
(3) 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this subsection shall be followed.
(4) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Mayor and Board of Aldermen or the Town Engineer.
(5) 
The obligor shall reimburse the Town for all reasonable inspection fees paid to the Town Engineer for the foregoing inspection of improvements. Prior to starting construction of the required improvements, the applicant shall deposit with the Town Chief Financial Officer, by cash or certified check, engineering inspection fees calculated as follows:
(a) 
The greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4 and Subsection Q of this section. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Town Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial account deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Town Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Town Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this subsection shall be applied by stage or section. When the project has been completed and the maintenance bond released, then the remaining balance in the engineering inspection escrow account shall be returned to the applicant.
(6) 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provisions of this subsection shall be applied by stage or section.
(7) 
To the extent that any of the improvements have been dedicated to the Town on the subdivision plat or site plan, the Mayor and Board of Aldermen shall be deemed, upon the release of any performance guaranty to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Town Engineer.
N. 
Maintenance guaranty.
(1) 
In the Developers Agreement referred to in Subsection U of this section there shall be provisions for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvements in an amount not to exceed 15% of the cost of the improvements. 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. The Town Engineer and the Planning Board shall review the maintenance bond; it shall be reviewed by the Town Attorney to form, sufficiency and execution and approved by the governing body.
(2) 
The Town shall not require that a maintenance guaranty required pursuant to Subsection N of this section be in cash or that more than 10% of a performance guaranty pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guaranty in cash, or more than 10% of a performance guaranty in cash.
O. 
Deposit with town: escrow interest. Whenever an amount in excess of $5,000 shall be deposited by an applicant for professional services employed by the Town to review applications for development, for engineering inspection fees or to satisfy the guaranty requirements of this subsection, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this subsection, shall continue to be the property of the applicant and shall be held in trust by the town. Money deposited shall be held in escrow. The Town shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Town shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Town shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Town annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Town shall retain for administrative expenses a sum equivalent to 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses.
P. 
Payments to professionals. The Town shall make all of the payments to professionals for services rendered to the Town for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the MLUL. If the Town requires of the developer a deposit toward anticipated municipal expenses for these professional services, the deposit shall be placed in an escrow account pursuant to Subsection O. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred. The Town shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter the Town shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the municipality, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.
Q. 
Estimated cost of installation. The cost of the installation of improvements for the purposes of Subsection H of this section shall be estimated by the Town Engineer based on documented construction costs for public improvements prevailing in the general area of the town. The developer may appeal the Town Engineer's estimate to the Mayor and Board of Aldermen. The Mayor and Board of Aldermen shall decide the appeal within 45 days of receipt of the appeal in writing by the Town Clerk. After the developer posts a guaranty with the Town based on the cost of the installation of improvements as determined by the Mayor and Board of Aldermen, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.
R. 
Letter of credit. The approving authority shall accept a performance guaranty or maintenance guaranty which is an irrevocable letter of credit if it:
(1) 
Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to Subsection H of this section;
(2) 
Is issued by a banking or savings institution authorized to do and doing business in this state;
(3) 
Is for a period of time of at least one year; and
(4) 
Permits the Town to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this subsection 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
S. 
Streetlighting. If an approving authority includes as a condition of approval of an application for development pursuant to the MLUL the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that:
(1) 
The streetlighting on a dedicated public street has been installed and accepted for service by the public utility; and
(2) 
That certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the Town shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Town with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.
T. 
Inspection of improvements and construction. All required improvements shall be installed under the supervision of the Town Engineer. No construction work covering the required improvements shall be commenced without the applicant first notifying the Town Engineer in writing at least one week before the commencement of such work that said construction work is about to take place. No required improvements shall be covered until inspected and approved by the Town Engineer.
U. 
Agreement. Following Planning Board approval and prior to any construction by the developer, there shall be drafted an agreement between the developer and the Town of Boonton incorporating all of the terms and conditions of approval imposed by the Planning Board and the Town ordinances. Said agreement shall be referred to as a Developers' Agreement.
V. 
Inspection fees. The Developers' Agreement referred to in Subsection U above shall provide that the applicant shall reimburse the Town for all reasonable inspection fees paid to the Town Engineer for the inspection of any improvements and construction as provided in § 300-41P which fees, if not paid, shall become a lien on any and all performance guaranties.
[Amended by Ord. No. 17-92]
Application for approval of a final plat or a final site plan shall be filed in accordance with Article VIII and shall contain all the information prescribed in Article X as the case may be, as well as all information indicated on the checklist referred to in § 300-36. No final plat shall be accepted, entertained or deemed complete unless all conditions of preliminary plat approval as contained in the resolution granting preliminary approval have been satisfied.
A. 
Following report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in compliance with this and all ordinances of the Town and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application following the procedures in § 300-7. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application which shall be proceeded upon as in the original application with the same time limitations and procedures.
B. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval. As a precondition of final plat execution, deeds must be received, free and clear of all mortgages and encumbrances, for all easements on private property to be conveyed to the town.
C. 
Distribution. If final approval is granted, copies of the plat or site plan shall be filed by the secretary with the following: Town Engineer; Construction Official; Tax Assessor; Town Clerk; and County Planning Board, if required.
D. 
Effect of final approval.
(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 years after the date on which the resolution of final approval is adopted, provided that in the case of a major subdivision the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Act, the granting of final approval terminates the time period of preliminary approval pursuant to 40:55D-49 for the section granted final approval.
(2) 
Granting of rights; extension of final approval.
(a) 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection D(1) of this section for such period of time, longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under final approval;
[2] 
Economic conditions; and
[3] 
The comprehensiveness of the development.
(b) 
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:
[1] 
The number of dwelling units and nonresidential floor area permissible under final approval;
[2] 
The number of dwelling units and nonresidential floor area remaining to be developed;
[3] 
Economic conditions; and
[4] 
The comprehensiveness of the development.
(3) 
Whenever the Planning Board grants an extension of final approval pursuant to Subsection D(1) or (2) above and the 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.
E. 
Recording of final plat.
(1) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the final plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period 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 the original expiration date.
(2) 
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to N.J.S.A. 40:55D-53. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the town, the plat shall be expunged from the official records.
F. 
Extension of final approval.
(1) 
The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one 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:
(a) 
What would otherwise be the expiration date of final approval; or
(b) 
The 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
(2) 
An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D above.
G. 
Certificates showing approval.
(1) 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this act, may apply in writing to the Secretary of the Planning Board, for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2) 
The Secretary of the Planning Board shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) 
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
(a) 
Whether there exists in the municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act.
(b) 
Whether the subdivision, as it relates to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval and any extension and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(c) 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.