Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded pursuant to §
470-20D of this chapter:
A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §
470-17 of this chapter, whether conditionally or otherwise, shall not be changed.
B. If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
C. 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 Board may grant the rights referred to above for such period of time longer than two years, as shall be determined by the Board as prescribed in N.J.S.A. 40:55D-52b. In no case shall more than 10 years be granted from the date of preliminary approval if construction has not commenced without a rehearing of preliminary approval.
D. If an applicant fails to complete construction as per the site plan submitted within a two-year period or within an approved or statutorily required extension period from the date of final approval, the approval of said site plan and all variances granted with said site plan shall lapse and become null and void.
E. Conditional approvals.
(1) Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days or within an approved or statutorily required extension period of the date of conditional approval.
(2) The fulfillment of all conditions precedent shall be reported in writing to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be assigned or any required building permit, occupancy permit or zoning permit be issued.
(3) Conditions subsequent. Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such conditions within 190 days or within an approved or statutorily required extension period from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
(4) The fulfillment of all conditions shall be reported in writing to the municipal agency which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.