The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Section 37 of Chapter 291 of the Laws of 1975,[1] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required in Section 42 of Chapter 291 of the Laws of 1975,[2] 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 chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Section 37 of Chapter 291 of the Laws of 1975[3] for the section granted final approval.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in § 540-50 of this article for such period of time longer than two 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.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the 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 shall approve all final subdivision plats as indicated thereon by the signatures of the Chairman and Secretary of the Board. Their signatures shall not be affixed until the developer has posted the guaranties required pursuant to Article XIV of this chapter.
