Application for approval of a final plat or a final site plan shall be filed in accordance with §
166-58 and shall contain all the information prescribed in § 166-85 or 166-88, as the case may be. Said application shall be filed within the period prescribed in §
166-58B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required.
If the application is in compliance with the general terms and conditions of the preliminary approval of said application, the Board shall schedule a hearing on the application pursuant to Article
VI of this chapter. If the application is found to be deficient in any respect, the Board shall so inform the applicant and shall require the filing of an amended application, which shall be processed as in the case of the original application.
After the Planning Board or Board of Adjustment,
as the case may be, is satisfied that the proposed application, together
with any conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
If final approval is granted, copies of the
plat or site plan shall be signed by the Chairman and Secretary of
the Board granting said approval, and the Secretary shall file the
approved plans with the following;
[Amended 12-11-1997 by Ord. No. 34-97]
A. The zoning requirements applicable to the preliminary
approval first granted and all other right conferred upon the developer
by preliminary approval, 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 herein shall expire if
the plat has not been duly recorded within the time period provided
herein.
B. 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 above, the Board may extend such period of protection
for extensions of one year, but not to exceed three extensions. The
developer may apply for an extension either before or after what would
otherwise be the expiration date. Whenever the Board grants an extension
of final approval 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.
C. 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 Board may grant the rights referred to in Subsection
A above for such period of time, longer than two years, as shall be determined by the 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the 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 comprehensiveness of the development.
D. Notwithstanding any other provisions of this chapter,
the granting of final approval to the development or section of the
development terminates the time period of protection for the preliminary
approval granted to the same development or section of the development.
Nothing contained in this chapter shall be construed
to permit the issuance of a building permit on any lot in a subdivision
or on any lot requiring site plan approval until final approval as
heretofore required is granted by the Planning Board or Board of Adjustment,
as the case may be, and properly filed by the county recording officer
in Morris County as herein required.