[1]
Editor's Note: Former subsection 17-1.10a-m was renumbered as sections 17-29 through 17-41. Sources contained herein include portions of Ordinance Nos. 528, 556-80, 654-84, §§ 1, 2, 662-84, § 1, 686-85, §§ 3, 4, 695-85, 90-853, §§ 1, 2.
[Amended 9-5-2023 by Ord. No. 23-1811]
a. 
Every subdivision plat must be approved by the planning board (or by the board of adjustment if it has jurisdiction pursuant to section 17-53g) as a condition for the filing of the plat with the county recording officer.
b. 
Every use, other than those exempted below, or as qualified under Section 17-29.1, Administrative Waiver of Site Plan Review, shall receive site plan approval by the planning board (or by the board of adjustment if it has jurisdiction pursuant to section 17-53g) as a condition for the issuance of a building permit if the work to be done involves (i) a new structure, or a conditional use or use variance, or new parking area or new egress to a public right-of-way; or (ii) the alteration of a structure which would increase the total floor area or any outside dimension of the structure; or (iii) the alteration of a structure which would facilitate a change in the nature of the use resulting in different parking, drainage, and/or other design criteria as required by this chapter; or (iv) the alteration of a residential structure or its parking area or driveway in order to initiate or expand any home occupation or office or professional use of the premises. Except that planning board approval shall not be required for any work on premises which are to be used exclusively for agricultural purposes or exclusively for one-dwelling unit or two-dwelling unit residential purposes.
c. 
Sale of Land before Final Subdivision Approval. Any sale or transfer of land, or agreement to sell or transfer land, prior to the subdivision approval, shall be subject to the provisions of N.J.S.A. 40:55D-55.
d. 
Filing of subdivision applications (including lot line changes) shall be received for official processing by the township no later than 20 working days prior to the date of the meeting.
[Added 9-5-2023 by Ord. No. 23-1811]
a. 
Consideration for administrative waiver of site plan review shall be limited to uses and existing constructed improvements within the following commercial districts within the Township:
1. 
C-1: Neighborhood Retail Commercial.
2. 
SC: Shopping Center.
3. 
HBO District: Highway Business and Office.
4. 
O/CC: Office and Commercial Conversion.
5. 
SI: Special Industrial.
6. 
OP: Office Park.
7. 
IC District: Industrial/Commercial.
8. 
RO-1,2 and 3 Districts: Research/Office Districts.
9. 
SC1: Shopping Center District.
10. 
OLI: Office Light Industrial.
b. 
Consideration for administrative waiver of site plan review can be made through application to the Zoning Officer for planned improvements meeting the criteria contained within this section.
c. 
Administrative waiver of site plan review can be granted by the Zoning Officer for minor modifications to existing development within the eligible Zoning Districts that meet the following criteria:
1. 
The proposed modifications do not require any variances or alter any existing variances previously granted by prior approvals;
2. 
The existing use and constructed improvements have secured previous site plan approval for the current configuration of the existing constructed improvements;
3. 
The proposed modifications involve normal repair, maintenance, or replacement of components of the constructed improvements;
4. 
The proposed modifications are required as a part of improvements to accommodate occupancy of existing buildings by new users or tenants through fit-out or division of rental space within the structure;
5. 
Proposed modifications to buildings do not involve any increase to occupied floor area;
6. 
Adaptions to building perimeters do not affect vehicular traffic, circulation, or parking;
7. 
Adaptions to building perimeters involving modifications or addition of doors and/or windows, including overhangs or access stairs, do not increase floor area of the building;
8. 
Proposed modifications do not alter or affect existing pedestrian circulation, except for extensions of sidewalks or pedestrian circulation paths to new access points to buildings;
9. 
Proposed modifications do not affect existing site lighting. Any lighting modifications proposed shall be limited to those required by the International Building Code, IBC, New Jersey Edition currently in force and effect for egress lighting associated with new egress doors on existing buildings, and any and all lighting required shall be compliant with Section 17-90 of the Land Use and Development Ordinance;
10. 
Proposed modifications do not alter or affect existing drainage patterns on the site and do not impact stormwater management facilities or requirements.
11. 
For any properties considered major development, as defined in Section 17-82 of the LUDO, new impervious surfaces associated with permissible changes to pedestrian circulation shall include Green Infrastructure Stormwater Management facilities, in compliance with Section 17-82, and shall be subject to review by the Township Engineer;
d. 
The Township Engineer, or designee, shall review any application involving modification to the impervious coverage on the property permitted in this section and shall confirm compliance with Section 17-82 of the LUDO to the Zoning Officer as a part of the review for administrative waiver of site plan review.
e. 
All applications to the Zoning Officer for administrative waiver of site Plan Review shall include the following information:
1. 
Application form and fee as required by Subsection 10-7.1.
2. 
Written description of, and grounds for, waiver request.
3. 
Written description of proposed operation and use.
4. 
Copy of previously approved site plan, if one exists, along with the resolution for approval for said plan and a certification of current compliance with said site plan and approval, or, if no previously approved site plan exists, a plot plan of the property showing the location of all existing and proposed structures, with relationship to surrounding building(s) on adjoining properties, zoning setback, driveway(s), and existing and proposed utilities. The site plan and/or plot plan shall include the following items as applicable:
(a) 
Existing and proposed structures, with dimensional ties to property lines, a minimum of two ties per structure.
(b) 
Existing and proposed impervious surfaces (stone, paved, etc.), including delineation of parking stalls.
(c) 
Existing and proposed landscaping.
(d) 
Existing and proposed lighting.
(e) 
Existing and proposed floor plans, with the area(s) subject to change clearly defined.
(f) 
Bulk zoning regulations for applicable district in schedule form (showing required, existing and proposed conditions).
(g) 
Elevations and details for proposed new construction.
(h) 
Photographs showing existing conditions.
(i) 
Cut sheets and/or product literature.
The planning board when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval 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.
The planning board when acting upon an application which includes provisions for lower income housing, may waive those portions of the design standards that do not create health and safety concerns for the township or for the future residents of a development, provided such exemption from these standards will reduce construction costs so that the savings therefrom will be passed on to the buyers and renters of lower income housing in the form of reduced housing costs.
Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to section 17-53d, the planning board shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment:
a. 
Variances pursuant to section 17-53c;
b. 
Direction for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the official map; and
c. 
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit as the case may be.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
Whenever relief is requested pursuant to this article, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 17-31, the planning board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the township administrator or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the township administrator as to the failure of the planning board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute minor site plan approval.
The applicant shall be responsible for submitting a copy of the plat to the county planning board for review. Every subdivision which might affect a county road or drainage facilities and every site plan involving land along a county road shall be approved by the Mercer County Planning Board. The planning board may approve a subdivision or site plan subject to receipt of a favorable report by the county planning board, or approval by the county planning board by its failure to report within 30 days from date of mailing by certified mail or personal delivery of plans for such subdivision.
Every corporation or partnership applying for (a) permission to subdivide a parcel of land into six or more lots, or (b) a variance to construct a multiple dwelling of 25 or more family units or (c) approval of a site plan for a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning 10% or more of its stock in any class or 10% or more of the interest in the partnership. If any such stockholder or individual partner is a corporation or partnership, the names and addresses of all stockholders or individual partners owning 10% or more of its stock or 10% or more of the interest in the partnership shall be listed; and this requirement shall be followed for every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion, have been listed. No application subject to this section may be approved unless this section is complied with.
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the municipality in any court of record in the State in a summary manner pursuant to "The Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.).
a. 
The planning board or its subdivision committee is authorized to waive notice and public hearing for an application for development if the planning board or its subdivision committee find that the application for development conforms to the definition of "minor subdivision" except that the subdivision committee is not hereby empowered to act on applications involving variances which must be referred to planning board. Minor subdivision approval shall be deemed to be final approval of the subdivision by the board. The board or the committee may require, as a condition for approval, compliance with such of the standards for subdivisions set forth in Articles V, VI and VII as it deems appropriate.
b. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the township administrator, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the township administrator as to the failure of the planning board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
c. 
Approval of a minor subdivision shall expire 190 days from the date of municipal 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 (C. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the township engineer and the township tax assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the planning board, or the vice chairman or assistant secretary in their absence. In reviewing the application for development for a proposed minor subdivision the planning board may accept a plat not in conformity with the "Map Filing Act," P.L. 1960, c. 141 (46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision by plat rather than deed such plat shall conform with the provisions of such act.
d. 
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.
e. 
The approved plan shall be submitted for signature to the appropriate officers of the planning board within 30 days of the date of approval or within such additional period of time as the planning board may determine. Failure to submit the plan for signature within the above mentioned period of time shall render the approval void. Copies of executed preliminary plans shall be furnished by the applicant to the planning board secretary, tax assessor, the zoning officer, the construction official, the township engineer and the county planning board.
a. 
The developer shall submit to the township in tentative form for discussion purposes a site plan together with an application form containing the information prescribed by the planning board, the required fee and such other engineering documents and other materials as may be reasonably necessary, in the judgment of the planning board, to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. If architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If the application is part of the implementation of an approved general development plan, the preliminary site plan shall be prepared in conformance with the requirements and conditions of the approved general development plan.
Filing of the site plan application shall be received for official processing by the township no later than 20 working days prior to the date of the meeting.
b. 
Upon the submission to the township administrator of a complete application for a site plan, which involves 10 acres or less, and 10 dwelling units 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. Upon the submission of a complete application for a site plan, which involves more than 10 acres, or more than 10 dwelling units, 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 developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
c. 
If the planning board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended site plan shall be submitted and proceeded upon, as in the case of the original application. The planning board shall, if the proposed site plan complies with this chapter, grant preliminary site plan approval.
d. 
The approved plan shall be submitted for signature to the appropriate officers of the planning board within 30 days of the date of approval, or within such additional period of time as the planning board may determine. Failure to submit the plan for signature within the above-mentioned period of time shall render the approval void. Copies of the executed preliminary plans shall be furnished by the applicant to the planning board secretary, the tax assessor, the tax collector, the zoning officer, the construction official, the township engineer, and the county planning board.
a. 
The developer shall submit to the township administrator in tentative form for discussion purposes, a plat together with an application form containing the information prescribed by the planning board, the required fee and such other engineering documents and other materials as may be reasonably necessary, in the judgment of the planning board, to make an informed decision as to whether the requirements necessary for preliminary major subdivision approval have been met. If the application is part of the implementation of an approved general development plan, the subdivision plat shall be prepared in conformance with the requirements and conditions of the approved general development plan.
b. 
Upon the submission to the township administrator of a complete application for a major subdivision of 10 or fewer lots, 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. Upon submission of a complete application for a major subdivision of more than 10 lots, 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 developer. Otherwise, the planning board shall be deemed to have granted preliminary approval to the major subdivision.
c. 
If the planning 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 shall be submitted and proceeded upon, as in the case of the original application. The planning board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
d. 
The approved plan shall be submitted for signature to the appropriate officers of the planning board within 30 days of the date of approval, or within such additional period of time as the planning board may determine. Failure to submit the plan for signature within the aforementioned period of time shall render the approval void. Copies of executed preliminary plans shall be furnished by the applicant to the planning board secretary, the tax assessor, the tax collector, the zoning officer, the building inspector, the township engineer, and the county planning board.
Preliminary approval of a site plan or major subdivision shall confer upon the applicant the following rights for a three-year period from the date of the 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; 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 plat or site plan, as the case may be;
c. 
That the applicant may apply for and the planning 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.
d. 
In the case of a subdivision of, or site plan for, an area of 50 acres or more, the planning board may grant the rights referred to in paragraphs a, b, and c above for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
a. 
The developer shall submit to the township administrator the plans, containing such details as may be required by rules and regulations of planning board, an application form containing the information prescribed by the planning board and the other materials required by this section and a report by the township engineer certifying that he has received plans showing all utilities, roads, drainage facilities and other improvements in exact location and elevation and identifying the portions already installed and those to be installed, and either (i) that all improvements have been installed in accordance with ordinances and regulations and the terms of the preliminary approval or (ii) that appropriate performance and maintenance guarantees have been posted with the township administrator in compliance with section 17-42 and in sufficient amount to assure the completion of all required improvements, and specifying that amount. The developer may then request final approval by the planning board of all or part of a major subdivision or site plan which had received preliminary approval. The planning board shall grant final approval if all conditions, engineering plans and other requirements set forth in these ordinances and in the terms of the preliminary approval have been completed or fulfilled, the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees, and proof submitted that no taxes or assessments on the property are due or delinquent. For a major subdivision, the standards prescribed by the "Map Filing Law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.) shall be complied with. In the case of a planned unit development, planned unit residential development or residential cluster, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
b. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the township administrator, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the township administrator as to the failure of the planning board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Final site plans and final subdivision plans shall be submitted to the appropriate officers of the planning board for signature within 60 days from the date of final site plan or subdivision approval. Failure to submit the site plan or subdivision plan for signature within 60 days shall render the approval void.
c. 
Whenever review or approval of the application by the county planning board is required, the planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
d. 
Copies of executed final site plans and subdivision plans shall be distributed by the applicant to the planning board secretary, the tax assessor, the tax collector, the construction official, the township engineer, and the county planning board.
a. 
The furnishing of a performance guarantee in favor of the township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade tree, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. Such guarantees may consist of cash which shall be a minimum of 10% of the total performance guarantee as recommended by the planning board. Performance guarantees shall be approved by the township attorney as to form, sufficiency and execution.
1. 
A letter of credit shall be an acceptable form of performance guarantee if approved by the township attorney and only under the following conditions:
2. 
It is irrevocable for an initial period of at least one year with automatic one year renewal unless the bank notifies the township in writing by certified mail at least 90 days before the initial date of expiration or each anniversary of such date that it will not be renewed;
3. 
If the letter of credit is not renewed the township shall have the right to immediately draw a draft on sight if the developer's performance is not satisfactory as of that date, or to draw a draft 30 days after receipt of said notice if, after notification by the municipality that the letter of credit will not be renewed, the developer fails to submit a satisfactory replacement performance guarantee; and
The developer agrees to cease and desist all such work upon receipt of notification from the municipality that the letter of credit will not be renewed until such time as a satisfactory replacement performance guarantee is submitted; and
4. 
The developer shall execute any agreement(s) required by the township attorney confirming the conditions set forth herein prior to the township's acceptance of said letter of credit.
b. 
Provision for a maintenance guarantee to be posted with the township committee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other government agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the township for such utilities or improvements.
c. 
The amount of any performance guarantee may be reduced by the township committee by resolution, when portions of the improvements have been certified by the township engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by such body by resolution.
As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
d. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected and the township may either prior to or after the receipt of the proceeds thereof complete such improvements.
e. 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the municipal clerk of the completion, or substantial completion of improvements and shall send a copy thereof to the municipal engineer. Thereupon the municipal engineer shall inspect all improvements, of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements, as approved or rejected, shall be set forth.
f. 
The township committee shall either approve, partially approve, or reject the improvements, on the basis of the report of the municipal engineer and shall notify the obligor in writing, by certified mail, of the contents of such report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the township committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
g. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
h. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the township committee or the township engineer.
[Ord. #93-949, § 1]
a. 
The obligor shall reimburse the township for all reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements, as set forth in Chapter 10, "Fees and Permits" of the Revised General Ordinances of the Township of Hopewell (1978), provided the township may require of the developer a deposit for all or a portion of the reasonable anticipated fees to be paid to the municipal engineer for such inspection. In the event the obligor fails to reimburse the township within 30 days of receipt of a statement of professional fees paid by the township, interest shall accrue at the rate of 1 1/2% per month on the outstanding balance.
b. 
No work shall commence without prior notification of the engineer and all work shall be inspected and approved by the township engineer. No underground installation shall be covered until inspected and approved. The municipal engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips, street name signs; and monuments.
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40A:55D-38, the provisions of this section shall be applied by stage or section.
[Ord. #528]
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer by the preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; providing that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period required. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat, the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of law, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
b. 
In the case of subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the planning board may grant the rights referred to in paragraph a of this section for such period of time, longer than two years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and non-residential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
[Ord. #528]
a. 
In the event that during the period of approval heretofore or hereafter granted to an application for development the developer 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 developer is otherwise ready, willing and able to proceed with such development, the running of the period of approval under this chapter shall be suspended for the period of time such legal action is pending of such directive or order is in effect.
b. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, 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 and welfare, the application for development shall be processed in accordance with this chapter and, if such application for development complies with this chapter it shall be approved conditioned on removal of such legal barrier to development.
c. 
In the event that development proposed by the application for development requires an approval by a governmental agency other than the planning board or zoning board of adjustment or township committee such municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that a decision on any application for development shall be made within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the planning board as indicated on the instrument by the signature of the chairman or vice chairman and secretary or assistant secretary of the planning board or a certificate has been issued in lieu thereof as provided by law. The signature of the chairman or vice chairman and secretary or assistant secretary shall not be affixed until the developer has posted the required guarantees. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the township the plat shall be expunged from the official records.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The planning board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.