If the submission is accepted as complete, a date for the public hearing shall be set and the applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provisions of Chapter
45, Land Use Procedures, and N.J.S.A. 40:55D-12. If the Land Use Board requires any substantial amendment in the layout of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.
Copies of the original preliminary and all revised plat shall
be forwarded by the Secretary of the Land Use Board prior to the hearing
to the following persons:
A. Township Planning Consultant.
C. Township Environmental Commission.
D. Such other Township, county or state officials as directed by the
Land Use Board.
E. If the property which is the subject of the development application
lies within 200 feet of another municipal boundary, a copy of the
plat shall be sent by the Land Use Board Secretary to the Secretary
of the Planning Board of the adjoining municipality. A written statement
shall be requested from the adjoining municipality indicating whether
the proposed subdivision in the Township of Fredon is also subject
to the joint jurisdiction of that adjoining municipality and whether
or not a formal application and review is required or requested by
that adjoining municipality. The Secretary of the Planning Board of
the adjoining municipality shall be informed of the date of the public
hearing and any communications received prior to this date shall be
considered in relation to the approval or disapproval of the plat.
Preliminary approval shall, except as hereinafter set forth,
confer upon the applicant the following rights for a three-year period
from the date on which the resolution of preliminary approval is adopted:
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, except that
nothing herein shall be construed to prevent the Township from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health 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 subdivision plat.
C. That the applicant may apply for, and the Land Use 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 shall govern, unless a waiver is granted by
the Land Use Board.
D. In the case of subdivision of an area of 50 acres or more, the Land
Use Board may grant the rights referred to in N.J.S.A.40:55D-49(d.)
above for such period of time, longer than three 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 preliminary approval; economic conditions; and the comprehensiveness
of the development. The applicant may apply for thereafter, and the
Land Use Board may thereafter grant, an extension of preliminary 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
preliminary approval; the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval; economic
conditions; and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern.
E. Whenever the Land Use Board grants an extension of preliminary approval
pursuant to N.J.S.A. 40:55D-49(e.) and preliminary 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.
F. The Land Use Board shall grant an extension of preliminary 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 the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of preliminary 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 section shall not preclude the Land Use Board from granting an
extension pursuant to N.J.S.A. 40:55D-49f.