Each application for subdivision approval, where required pursuant to
Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), shall be submitted by
the applicant to the County Planning Board for review or approval, as required
by the aforesaid section,s and the Municipal 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.
Preliminary approval of a major subdivision pursuant to this chapter
shall, except as provided in Subsection D hereunder, confer upon the applicant
the following rights for a three-year period from the date of preliminary
approval:
A. 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; except that nothing
herein shall be construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as relate to public
health and safety.
B. 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.
C. That the applicant may apply for and the municipal agency
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.
D. In the case of a subdivision of an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsections
A,
B and
C above for such period of time, longer than three years, as shall be determined by the municipal agency 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 municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.