Preliminary approval of a site plan shall 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;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; exterior lighting both for safety reasons and streetlighting,
except that nothing herein shall be construed to prevent the borough
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health, welfare 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 site plan.
C. That the applicant may apply for and the reviewing
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 at the discretion
of the reviewing Board.
Where review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6, the
reviewing Board shall condition any approval that it grants upon the
timely receipt of a favorable report from the County Planning Board.
The absence of a report from the County Planning Board within the
review period shall be considered an approval by the County Planning
Board.
The Planning Board may grant final approval
at the time of preliminary approval if it finds that all of the requirements
for final approval are met at the time of preliminary approval.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant pursuant to §
163-11 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the Board finds that the applicant has followed the standards prescribed for final approval, the reviewing 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 §
163-11 of this chapter for the section granted final approval.