Upon the submission to the Secretary of the
Planning Board of a complete application for a site plan for 10 acres
of land or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer, except that
if the application for site plan approval also involves an application
for a relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of the
submission of a complete application to the Secretary of the Planning
Board, or within such further time as may be consented to by the applicant.
Upon the submission of a complete application
for a site plan of more than 10 acres, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
Upon the submission to the Secretary of the
Board of Adjustment of a complete application for site plan approval
pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant
or deny preliminary approval of the application within 120 days of
the date of such submission or within such further time as may be
consented to by the applicant.
Failure of the reviewing board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the site plan as submitted.
If the reviewing board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon, as in the case
of the original application for development. The reviewing board shall,
if the proposed development complies with this chapter, grant preliminary
site plan approval.
Nothing herein shall be construed to limit the
right of a developer to submit a sketch plan to the reviewing board
for informal review, and neither the reviewing board nor the developer
shall be bound by any discussions or statements made during such review,
provided that the right of the developer at any time to submit a complete
application for site plan approval shall not be limited by his submittal
of a sketch plan, and the time for the reviewing board's decision
shall not begin to run until the submission of a complete application.
A public meeting with the same notices as required
for a hearing on an application for development under the Municipal
Land Use Law[1] shall be held to discuss all applications for site plan
approval involving uses which, on the submitted complete application,
show five or more off-street parking spaces. A public meeting with
such notices is not required for all other site plan applications.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The reviewing board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
A.
Preliminary approval of a site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(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;
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 municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to the 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 site plan.
(3)
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.
B.
In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the reviewing 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 reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration:
(1)
The number of dwelling units and nonresidential floor
area permissible under preliminary approval.
(2)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(3)
Economic conditions.
(4)
The comprehensiveness of the development, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
