[Amended 8-23-2022 by Ord. No. 5739]
Application for approval of a final plat or a final site plan shall be filed in accordance with Article
27 and shall contain all the information prescribed in §
170-3303 or
170-3306, as the case may be. Said application shall be filed within the period prescribed in §
170-3205 and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to the grant of final approval, all provisions of Parts
4, 5, and 6 relating to installation of improvements, performance
and maintenance guaranties, developer's agreement and other related
conditions shall be met.
[Amended 8-23-2022 by Ord. No. 5739]
If the applicant proposes any substantial amendment in the layout
of improvements as shown on the preliminary plat or plan previously
granted preliminary approval, an amended application shall be submitted
and proceeded upon as in the case of the original application for
preliminary approval.
[Amended 8-23-2022 by Ord. No. 5739]
In the event the Planning Board determines that the final plat
or site plan complies with all the provisions of this chapter, the
conditions of preliminary approval and all other applicable governmental
requirements, it shall grant final approval, and the Chairman and
Secretary of the Board (or the Acting Chairman and Secretary, where
either or both may be absent) shall affix their signatures to at least
10 copies of the plat, with a notation that it has been approved.
The applicant shall furnish such copies to the Board for signing.
[Amended 8-23-2022 by Ord. No. 5739]
Final approval of a subdivision or site plan shall confer upon
the applicant the following rights:
A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Article
31, 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; provided that, in the case of a major subdivision, the rights conferred by this Part
5 shall expire if the plat has not been duly recorded within the time period provided in §
170-3206. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in §
170-3206, 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 this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to §
170-3106 for the section granted final approval.
B. In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or 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 Planning Board may grant the rights referred to in Subsection
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 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 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 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.
C. Whenever the Planning Board grants an extension of final approval pursuant to Subsection
A or
B 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.
D. The Planning 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 subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
A or
B of this section.
[Amended 8-23-2022 by Ord. No. 5739]
A. 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.
B. 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 and Secretary of the Planning Board, or a certificate has been issued by the administrative officer pursuant to §
170-3211 of this chapter. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to §
170-3211. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
[Amended 8-23-2022 by Ord. No. 5739]
After final approval, one translucent tracing and one cloth
print shall be filed with the Township Clerk. The original tracing
and one cloth print shall be returned to the developer.
[Amended 8-23-2022 by Ord. No. 5739]
No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and until said plat has been properly filed with the County Clerk within the time or extended time required by §
170-3206. Proof of filing shall be submitted to the Secretary of the Planning Board. The Construction Code Official shall not issue a construction permit until he has been notified by the Secretary of the Planning Board that proof of filing has been received.
[Amended 8-23-2022 by Ord. No. 5739]
A construction permit for any building or structure which is the subject of site plan review shall not be issued until final site plan approval is granted and all improvements completed or guaranties to insure completion have been posted in accordance with §
170-3502 of this chapter.
[Amended 8-23-2022 by Ord. No. 5739]
No certificate of occupancy in connection with a site plan shall
be issued until all improvements required as a part of final site
plan approval by the Planning Board have been satisfactorily completed.
The Township Engineer shall submit to the Planning Board and to the
Construction Code Official or appropriate subcode official(s) a written
report with respect to the installation of improvements relating to
off-street parking, landscaping, storm waste disposal, sanitary sewage
disposal and outdoor lighting, when such improvements have been installed
in accordance with the plans therefor. The Construction Code Official
or appropriate subcode official(s) shall submit a written report to
the Planning Board when all other improvements have been installed
in accordance with the plans therefor. No certificate of occupancy
shall be issued for a period of 10 days after the Planning Board has
received the foregoing reports. In the event that the Chairman or
Secretary of the Planning Board shall, within such period of 10 days,
notify the Construction Code Official that any improvement has, in
the opinion of the Board, not be installed in accordance with the
development plan, the Construction Code Official shall not issue a
certificate of occupancy until the Planning Board authorizes its issuance.
[Amended 8-23-2022 by Ord. No. 5739]
A. The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision or which
formed part of such a subdivision three years preceding the effective
date of the Municipal Land Use Law may apply, in writing, to the Subdivision
Certifying Officer for the issuance of a certificate certifying whether
or not such subdivision has been approved by the Planning Board. Such
application shall contain a diagram showing the location and dimension
of the land to be covered by the certificate and the name of the owner
thereof.
B. The Subdivision Certifying Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C. Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(1)
Whether there exists in the Township a duly established Planning
Board and whether there is an ordinance controlling the subdivision
of land adopted under the authority of this act.
(2)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board and, if
so, the date of such approval and any extensions and terms thereof,
showing that the subdivision of which the lands are a part is a validly
existing subdivision.
(3)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in Chapter 291, Laws of New Jersey 1975.