Approval of a minor subdivision shall expire 190 days from the
date of approval, unless within such period a plat in conformity with
such approval and the provisions of the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the
approved minor subdivision shall be filed by the applicant with the
Middlesex County Recording Officer, the Borough Engineer and the Borough
Tax Assessor. Any deed accepted for such filing shall have been signed
by the Board Chairman and Secretary. In reviewing an application for
a minor subdivision, the Board may be permitted to accept a plat not
in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), provided that if the applicant chooses to file
the minor subdivision as provided herein by plat rather than deed,
such plat shall conform with the provisions of said act. The zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted shall
not be changed for a period of two years after the date of minor subdivision
approval, provided that the approved minor subdivision shall have
been duly recorded as provided in this section.
Approval of a major subdivision or site plan application shall
be based upon whether such approval is preliminary or final, as specified
below. Any application for final approval shall first have received
preliminary approval which must still be valid at time of final approval.
If an application for development is approved as a combined preliminary
and final approval, then the provisions for final approval only shall
apply. Any minor site plan approval shall be deemed to be a combined
preliminary and final approval.
A. Preliminary approval of a major subdivision or site plan application
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; and, in the
case of a site plan, any site improvements; 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 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 development plan.
(3) That the applicant may apply for and the Board may grant extensions of 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 provisions of Part
IV of this chapter have been revised, such revised provisions may govern.
B. Final approval of a major subdivision or site plan application shall confer upon the applicant all zoning requirements and other rights applicable to the preliminary approval, whether conditionally or otherwise, for a period of two years from the date of final approval, provided that in the case of a major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded with the Middlesex County Recording Officer within 95 days from the date of signing of the plats. However, the Board may, for good cause shown, extend the period of recording for an additional time period not to exceed 190 days from the date of signing of the plats. If the applicant has followed the standards prescribed for final approval and, in the case of a major subdivision, has duly recorded the plat as required in this subsection, the Board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection
A above.
Approval of a conditional use application shall confer upon the applicant all of the rights of site plan approval, as prescribed in §
110-38 above.
Approval of a planned unit residential development application shall confer upon the applicant all of the rights of site plan approval, as prescribed in §
110-38 above.
Approval of any variance application shall expire one year from
the date of approval. However, the Board may extend the time period
of such approval for one period of one year. In the case of an application
where a subdivision or site plan approval is also involved, the rights
conferred to the applicant by the approval of the subdivision or site
plan application shall govern the variance approval.
Approval of a request for a permit pursuant to N.J.S.A. 40:55D-34
or 40:55D-35 shall expire one year from the date of approval.
In the event that, during the time period of approval for an
application for development, the applicant is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the applicant is otherwise
ready, willing and able to proceed with said development, the running
of the time period of approval under this article shall be suspended
for the period of time said legal action is pending or such directive
order is in effect.