The Secretary of the Land Use Board approving a final site plan
shall cause three full sets of such site plan, together with a copy
of the application, to be certified on each page with the following
information showing: the date of approval, the file number, and the
Chairperson and Secretary signatures. One set shall be forwarded to
the applicant, one to the Zoning Enforcement Official for his/her
use and one set shall be retained in the official files of the Land
Use Board.
Upon final approval, such approval shall have the following
effect:
A. All improvements shown on the final site plan approval plans shall
be installed in accordance with the plans.
B. All standard minimum design elements required by this chapter shall
be provided, whether or not they were specifically enumerated in the
site plan approval and whether or not the plan approved indicated
the standard minimum design elements specifically.
C. Performance and maintenance bonds may be required and shall be released
subject to approval by the Township Engineer and the Township Committee.
D. The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49, 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. If the developer has followed the standards
prescribed for final approval, the Land Use Board may extend such
period of protection for extensions of one year, but not to exceed
three extensions.
E. In the case of a site plan for a planned development of 50 acres
or more, conventional 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 Land Use Board may grant the rights referred to in paragraph
N.J.S.A. 40:55D-52a. above for such period of time, longer than two
years, as shall be determined by the Land Use 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 Land Use Board may thereafter grant, an extension
of final approval for such additional period of time as shall be determined
by the Land Use 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 the
comprehensiveness of the development.
F. Whenever the Land Use Board grants an extension of final approval pursuant to Subsection
D or
E of this section and 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. The developer may apply for the extension either before or after what would otherwise be the expiration date.
G. The Land Use Board shall grant an extension of final approval for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date, if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued these approvals. A developer shall apply for
the extension before what would otherwise be the expiration date of
final approval, or the 91st day after the developer receives the last
legally required approval from other governmental entities, whichever
occurs later. An extension granted pursuant to this subsections shall
not preclude the Land Use Board from granting an extension pursuant
to N.J.S.A. 40:55D-52a,b.
H. No changes shall be made with respect to any of the construction and implementation of all improvements shown on the site plan or required by ordinance or required by the terms and conditions of any site plan approval and by the terms and conditions, if any, of any variance granted. However, the Land Use Board may permit a deviation from the approved final site plan if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan or Chapter
550, Zoning.
I. Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit, zoning permit or certificate
of occupancy, as the case may be, shall be grounds for the revocation
of any building permit, zoning permit or certificate of occupancy,
as the case may be. A written notice of revocation sent by certified
mail by the Zoning Officer or Building Inspector, as the case may
be, shall specify the conditions of site plan approval which have
been violated and such revocation shall effectively terminate the
validity of any building permit, zoning permit or certificate of occupancy
theretofore issued.
J. Revision and amendment procedures shall be the same as specified for preliminary site plans in §
424-15 of this chapter.