City of Bridgeton, NJ Article III Procedures

§ 311-6 Preapplication consultation.

A. Planning Board. Copies of this chapter shall be available upon request to any person desiring to subdivide a parcel of land. If shall be the right of any applicant to request a meeting with the Planning Board to review his development concepts and/or the applicability of the regulations of this chapter.

B. Cumberland County Soil and Water Conservation District. Prior to the preparation and filing of an application and sketch plan with the Planning Board and City Engineer, the applicant shall consult the Cumberland County Soil and Water Conservation District concerning plans for erosion and sediment control and to obtain a report on the soil characteristics of the site so that the Planning Board may determine the type and degree of development the site may accommodate because of the limitation of soils as related to basement and foundation construction, street and parking area construction and grading condition.

C. Department of Public Works. Prior to the preparation and filing of an application and sketch plan with the Planning Board and City Engineer, the applicant shall consult with the Department of Public Works in regard to the feasibility of connecting to its water and sewer lines. A signed statement, which in effect assures that sewerage treatment and water supply are available and that connection to their facilities is feasible and adequate to meet the demands of the proposed subdivision, shall be obtained from the Department of Public Works.

D. Legal status of preapplication review. Such data and concept plans as may be submitted during preapplication consultation shall be considered to be submitted for informal and confidential discussion between the subdivider and the Planning Board and shall not constitute a formal filing with the City.

§ 311-6.1 General development plan submission procedures.

[Added 7-3-2007 by Ord. No. 07-2]

A. Purpose and applicability.

(1) The purpose of this section is to permit and encourage the submission of conceptual general development plans that present a comprehensive plan for a proposed mixed-use development. The general development plan is intended to prompt an integrated approach to site planning that relates to the existing development patterns in the City.

(2) A developer of a parcel or parcels of land totaling more than 50 acres in size for which the developer is seeking approval of a planned development may submit a general development plan to the Planning Board prior to the submission of preliminary subdivision or site plans to the Planning Board.

(3) The general development plan shall set forth the proposed and permitted number of dwelling units and the residential density, and the amount of nonresidential floor space for the proposed development in its entirety according to a schedule which sets forth the timing of the various sections of the development.

(4) The general development plan shall be designed to promote and encourage the conservation of natural features and the efficient use of resources in subdivision and site design while remaining responsive to market demands for residential and nonresidential development. To the extent possible, a general development plan should be designed to reduce infrastructure and service costs over the long term and to provide a pedestrian-friendly environment.

B. Required submission items. The general development plan submission shall include the following:

(1) A general land use plan indicating the tract area and general location of land uses to be included in the planned development at a scale not smaller than one inch equals one hundred feet. The total number of proposed dwelling units and the amount of nonresidential floor area to be provided and the proposed land area to be devoted to residential and nonresidential uses shall be set forth.

(2) The proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each use shall be estimated, including the area to be devoted to parking and stormwater management, for the proposed uses.

(3) A circulation plan showing the general location and types of transportation facilities, including the relationship to public transportation and facilities for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development.

(4) An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands. The open space plan should include a calculation of the total area that will be available for public or semipublic use.

(5) A utility plan indicating the need for and showing the proposed location of sewer and water lines, and information regarding the available capacity for utility facilities. Additionally, storm drainage facilities, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities shall be included.

(6) A general stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site; stormwater calculations may be deferred to preliminary subdivision or site plan application.

(7) An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.

(8) A community facility plan indicating the scope and type of supporting community facilities which may include but not be limited to educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

(9) A housing plan outlining the number and type of housing units to be provided and the manner in which any affordable housing obligation will be fulfilled by the development, if applicable.

(10) A local service plan indicating those public services which the applicant proposes to provide and which may include but not be limited to water, sewer, gas/electric and solid waste disposal.

(11) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or the school districts as a result of the completion of the planned development. The fiscal impact report shall also include a projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided.

(12) A proposed timing schedule for the phasing of the project if it is anticipated that the development will be completed over a number of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

(13) A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the development.

C. Required findings by the Planning Board. Prior to approval of a general development plan, the Planning Board shall make the following facts and conclusions.

(1) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards that may be specific to a planned development.[1]

[1] Editor's Note: See Ch. 370, Zoning.

(2) That proposals for maintenance and conservation of the common open space are reliable, and that the amount, location and purpose of the common open space are adequate.

(3) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

(4) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(5) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(6) That the proposal is responsive to the natural features of the site and is designed in a manner that preserves valuable site characteristics identified in the environmental inventory.

(7) That the proposal advances the principles of smart growth by providing opportunities for vehicular and pedestrian interconnectivity, where feasible, by encouraging the efficient use of land, and by safeguarding the character of existing stable neighborhoods.

D. Approval process and duration.

(1) The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer.

(2) The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth below, except that the term of the approval shall not exceed 20 years from the day upon which the developer receives final approval of the first section of the planned development. In making its determination regarding the duration of the approval of the development plan, the Planning Board shall consider the following:

(a) The number of dwelling units or amount of nonresidential floor area to be constructed.

(b) Prevailing economic conditions.

(c) The timing schedule to be followed and likelihood of its fulfillment.

(d) The developer's capability of completing the development.

(e) The contents of the general development plan and any conditions which the Planning Board attaches thereto.

(3) In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing market and economic conditions, anticipated actual needs for residential units and nonresidential space within the City and the region, and the availability and capacity of public facilities to accommodate the proposed development.

(4) Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer and approval of the Planning Board. The exceptions are listed below:

(a) If a variation in land uses or increase in density or floor area ratio is proposed in response to a negative decision of or a condition of development approval imposed by the N.J. Department of Environmental Protection, and there is a valid environmental reason for such decision, the variation shall be approved by the Planning Board if the developer can demonstrate to the satisfaction of the Planning Board that the variation being proposed is a direct result of a determination by the Department of Environmental Protection.

(b) Planning Board approval is not required if the developer seeks to reduce the number of residential dwellings or reduce the amount of nonresidential floor space by no more than 15% without otherwise violating the terms and conditions of the general development plan approval.

(5) Completion, failure to apply and termination of approval.

(a) In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.

(b) If a developer does not complete any section of the development within one year of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the City shall notify the developer by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligation pursuant to the plan. The City thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If after such hearing the City finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

(c) In the event that a development which is the subject of a general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development.

§ 311-7 Submission of sketch plat.

A. Submission. The applicant shall submit an application and 12 black and white copies of a sketch plat and pertinent data to the City Engineer at least 14 days prior to a regularly scheduled Planning Board meeting, for purposes of discussion and classification.

B. City Engineer review. The City Engineer shall review the application and sketch plat and shall submit a written report to the Secretary of the Planning Board within 10 days of receipt by the Engineer of the application. The report shall assess the impact of the proposed subdivision upon existing streets, the public utility systems and drainage, and shall include any recommendations as appropriate for street improvements, utility installations, grading, flood control, erosion and sediment control.

C. Planning Board review. The Planning Board shall act upon a properly submitted sketch plat within 45 days of the regularly scheduled meeting by taking one of the following actions:

(1) The Planning Board may classify the application as a minor subdivision and conditionally approve it subject only to County Planning Board approval, by either a unanimous affirmative vote of the Subdivision Committee or by a majority vote of the full Board;

(2) The Planning Board may, by majority vote, disapprove the application and may request additional information; or

(3) The Planning Board may, by majority vote, classify an application as a major subdivision.

D. Approval as a minor subdivision. If classified as a minor subdivision and no flood hazard exists:

(1) A notation to that effect shall be made on the sketch plat, and the sketch plat shall be signed by the Chairman of the Planning Board and by the City Engineer. No further Planning Board or City Council approval shall be required.

(2) The City Engineer shall furnish four copies of the sketch plat and one copy of the application form to the County Planning Board.

(3) Upon notice of County Planning Board approval, or if the County Planning Board does not submit a report after 30 days from the submission of the plat to the County Planning Board, the City Engineer shall furnish copies of the sketch plat to the following:

(a) One copy to the Municipal Clerk.

[Amended 9-19-2017 by Ord. No. 17-20]

(b) One copy to the Division of Housing and Code Enforcement.

(c) One copy to the Tax Assessor.

(d) One copy to the Tax Collector.

(e) One copy to the Board of Health.

(4) Either a deed description or plat map drawn in compliance with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)[1] shall be filed by the applicant with the County Recording Officer within 90 days from the date of return of the approved sketch plat.

[1] Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L.2011, c. 217, § 2, effective 5-1-2012.

E. Disapproval by Planning Board. If approval is denied by the Planning Board, the City Engineer shall return the sketch plat together with a letter from the Chairman of the Planning Board stating the reasons for denial and listing any additional actions, information or documentation which will be required of the applicant prior to further consideration by the Planning Board.

F. Disapproval by County Planning Board. If, within 30 days of submission of the conditionally approved minor subdivision application to the County Planning Board, said Board submits a written report which disapproves the application, the Secretary of the Planning Board shall forward a copy of the County Planning Board report to the applicant. The applicant may then withdraw his application or resubmit his application as modified to satisfy County Planning Board requirements, in accordance with the regulations of Subsection A of this section.

G. Classification as a major subdivision. If classified as a major subdivision, a notation to that effect shall be made on the sketch plat which shall be returned by the City Engineer to the applicant for compliance with the procedural requirements of §§ 311-8 and 311-9 of this chapter.

H. Additional requirements for development in a floodplain. If the proposed subdivision is located in an area which is wholly or partly in a flood hazard zone, the following additional information shall be submitted by the applicant before the submission of preliminary plans and data in the case of major subdivisions and prior to submission to the County Planning Board in the case of minor subdivisions:

(1) The applicant shall prepare a contour map of the proposed area with such contour intervals as the City Engineer shall determine to be necessary and shall prepare plans for drainage or for flood control devices or plans to raise the level of land above the floodplain, satisfactory to the City Engineer whenever the Planning Board shall consider that such are necessary. No plat shall be approved for which the Planning Board finds that drainage or flood control protection is necessary until the City Engineer shall approve the plans for drainage, flood control, or for raising the level of land above the floodplain.

(2) Land subject to flooding and deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life or property, or aggravate erosion or flood hazard. Such land within the subdivision or land development shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

(3) To insure that residents will have sufficient flood-free land upon which to build a house, the Planning Board may require elevations and flood profiles. Each lot shall contain a building site which shall be completely free of the danger of floodwaters on the basis of available information.

(4) The Planning Board shall not approve streets subject to inundation or flooding. All streets must be adequately located outside the floodplain setback line.

§ 311-8 Submission of preliminary plat for preliminary approval.

A. Submission. At least two weeks prior to the regularly scheduled Planning Board meeting at which consideration is desired, all applicants desiring preliminary approval of a major subdivision shall submit to the City Engineer the following:

(1) Fourteen black-on-white prints of the preliminary plat meeting the specifications for plat details enumerated in this chapter.

(2) Fourteen application forms for tentative approval.

(3) A fee in conformance with § 311-44 of this chapter.

B. Distribution of preliminary plat. Immediately upon receipt of the documentation required under Subsection A of this section, the City Engineer shall forward copies of the preliminary plat and application for preliminary approval as follows:

(1) Two copies to the Secretary of the Planning Board.

(2) One copy to the Municipal Clerk.

[Amended 9-19-2017 by Ord. No. 17-20]

(3) One copy to the Division of Housing and Code Enforcement.

(4) One copy to the Secretary of the Board of Adjustment.

(5) One copy to the Tax Assessor.

(6) One copy to the Tax Collector.

(7) One copy to the Board of Health.

(8) Four copies to the Secretary of the Cumberland County Planning Board.

(9) Two copies retained by the City Engineer.

C. City Engineer review. The City Engineer shall, within 10 days of receipt of the preliminary plat, forward to the Secretary of the Planning Board a written report stating the adequacy of all proposed improvements, including but not limited to streets, utilities, grading, drainage, flood control, erosion control and sediment control, together with any recommendations for improvement or modification.

D. Planning Board review.

(1) If an application is found by the Planning Board to be defective, the developer shall be notified thereof within 30 days of submission of such application or it shall be deemed to be properly submitted.

(2) If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended plat shall be submitted and proceeded upon, as in the case of the original plat. The Planning Board shall, if the proposed subdivision complies with this chapter and is consistent with proper planning, grant preliminary approval of the plat.

(3) The Planning Board shall not act upon the preliminary plat prior to the expiration of the thirty-day period within which the County Planning Board may review the preliminary plat pursuant to the County and Regional Planning Enabling Act, N.J.S.A. 40:27-6.2 (L. 1968, c. 285). Failure of the County Planning Board to submit a report within the thirty-day review period shall be construed to constitute approval.

(4) The Planning Board shall recommend preliminary approval to a preliminary plat conditional upon changes, alterations or modifications. Any such changes, alterations or modifications as required by the Planning Board shall be construed as disapproval of the preliminary plat.

(5) Upon the proper submission to the City Engineer of a preliminary plat, the Planning Board shall recommend approval or disapproval within 45 days of the date of submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have recommended preliminary approval of the plat.

E. Disapproval of preliminary plat.

(1) If the preliminary plat is disapproved, the plat shall be returned to the applicant together with two copies of the County Planning Board report if the County Planning Board disapproved the plat, and/or two copies of a letter from the Chairman of the Planning Board stating the reasons for disapproval if the City Planning Board recommends disapproval.

(2) Copies of disapproval reports shall be forwarded by the Secretary of the Planning Board to all persons or agencies who were sent copies of the preliminary plat pursuant to Subsection B.

(3) The applicant may resubmit the preliminary plat for preliminary approval, in which case he shall do so in accordance with the requirements of Subsection A of this section, after modifying the plat to conform with the requirements of the disapproval report and/or letter.

F. Preliminary approval granted.

(1) If the Planning Board acts favorably on the preliminary plat, a notation to that effect shall be made on the plat signed by the Chairman of the Planning Board and the City Engineer and it shall be referred to City Council for final action.

(2) The Secretary of the Planning Board shall notify in writing all persons or agencies to whom copies of the plat were sent under Subsection B of the action taken by the Planning Board.

(3) City Council shall act within 20 days. Its action shall be noted on the plat, signed by the Mayor, and the plat returned to the subdivider for compliance with final approval requirements.

G. Effect of preliminary approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

[Amended 10-6-2003 by Ord. No. 03-5]

(1) That the general terms and conditions, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements on which preliminary approval was granted shall not be changed; except that nothing herein shall be construed to prevent the City of Bridgeton from modifying by ordinance such general terms and conditions as relate to public health and safety;

(2) That the applicant may submit on or before the expiration date of preliminary approval the whole or any part or parts of said plat for final approval; and

(3) That the applicant may apply for and the City Council, upon recommendation of 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 Subdivision Ordinance Design Standards have been revised, such revised standards may govern.

§ 311-9 Submission of final plat for final approval.

A. Submission.

(1) The final plat shall be submitted to the City Engineer for forwarding to the Planning Board for final approval within 18 months from the date of preliminary approval. The City Engineer shall immediately notify the Secretary of the Planning Board upon receipt of a final plat and shall forward the required copies of the final plat to the County Planning Board.

(2) The final plat submission shall include the original tracing, three translucent copies, eight black and white prints, one cloth copy duplicate print and four copies of the application forms for final approval.

(3) Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.

(4) The original tracing, two translucent tracing cloth copies, four black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board by the City Engineer at least five days prior to the date of a regular Planning Board meeting, together with additional documentation as required under Article IV of this chapter.

(5) Four black-on-white prints, one translucent copy, one cloth duplicate print and one copy of the application form for final approval shall be submitted to the Secretary of the Cumberland County Planning Board pursuant to Subsection A(1) above.

B. City Engineer review.

(1) The final plat shall be accompanied by a statement from the City Engineer that he has received a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:

(a) Installed all improvements in accordance with the requirements of these regulations; or

(b) A performance guarantee has been posted with the Municipal Clerk in sufficient amount to assure the completion of required improvements.

[Amended 9-19-2017 by Ord. No. 17-20]

(2) Compliance with Subsection B(1)(b) above shall not relieve the applicant of his responsibility to install such improvements as may be required by the County Planning Board or in posting guarantees therefor as provided by the Cumberland County Subdivision Review and Approval Resolution.

C. Planning Board review.

(1) The Planning Board shall act upon the final plat within 45 days after the date of submission for final approval to the City Engineer.

(2) Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the City Engineer shall issue a certificate to that effect.

(3) The Planning Board shall not act upon a final plat until the County Planning Board has submitted a report to the Secretary of the Planning Board or until 30 days have elapsed since submission of the final plat to the County Planning Board.

D. Disapproval of final plat. If, for any reason, the final plat shall be recommended for disapproval by the Planning Board, two copies of a Planning Board resolution disapproving the plat stating the reasons for disapproval shall be returned to the applicant, together with the final plat.

E. Approval of final plat.

(1) If the final plat is recommended for approval by the Planning Board, a notation to that effect shall be made on the plat and it shall be signed by the Chairman of the Planning Board and the City Engineer.

(2) The signatures of the Chairman and City Engineer shall not be affixed until the developer has posted the guarantees required pursuant to Subsection G of this chapter.

(3) If any person shall be aggrieved by the action of the Planning Board, appeal in writing to City Council may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be held on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the City Council may affirm or reverse the action of the Planning Board by a recorded vote of majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of City Council, and the applying party shall be given a copy.

(4) Upon final approval by the Planning Board or City Council, as the case may be, the applicant shall provide 10 additional black and white prints of the final plat which shall be filed by the applicant with the following:

(a) Municipal Clerk.

[Amended 9-19-2017 by Ord. No. 17-20]

(b) City Engineer.

(c) Division of Housing and Code Enforcement.

(d) Board of Adjustment.

(e) Board of Health.

(f) Tax Assessor.

(g) Tax Collector.

(h) County Planning Board.

(i) County Recording Officer.

F. Granting of building permits. No building permit shall be issued without proof of filing as provided by this section.

G. Guarantees required prior to filing of final plat.

(1) Before recording of final subdivision plats, the Planning Board shall require and accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of improvements, the following:

(a) The furnishing of a performance guarantee in favor of the City in an amount not to exceed 120% of the cost of installation for any or all of the following improvements it may deem necessary or appropriate: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)[1], water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices and public improvements of open space; and

[1] Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L.2011, c. 217, § 2, effective 5-1-2012.

(b) Provision for a maintenance guarantee to be posted with City Council 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 governmental 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 City for such utilities or improvements.

(2) The amount of any performance guarantee may be reduced by City Council, by resolution, when portions of the improvements have been certified by the City 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 said body by resolution.

(3) 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 City for the reasonable cost of the improvements not completed, and the City may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

(4) When all of the required improvements have been completed, the obligor shall notify City Council in writing, by certified or registered mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the City Engineer. Thereupon the City Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with City Council, indicating either approval, partial approval, or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

[Amended 9-19-2017 by Ord. No. 17-20]

(5) City Council shall either approve, partially approve or reject the improvements, on the basis of the report of the City Engineer, and shall notify the obligor in writing, by certified or registered mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 60 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. Failure of City Council to send or provide such notification to the obligor within 60 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.

(6) If any portion of the required improvements are rejected, the City Council 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.

(7) The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements.

H. Recording of final approval.

(1) Final approval of a major subdivision shall expire 90 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 City Council upon recommendation of the Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 180 days from the date of the signing of the plat.

(2) No plat shall be accepted for filing by the County Recording Officer until it has been approved by the City Council as indicated on the instrument by the signatures of the Planning Board Chairman, City Engineer and President of City Council, or a certificate has been issued pursuant to Subsection C(2) of this section.

I. Effect of final approval.

(1) After final approval of a plat has been duly recorded pursuant to Subsection H above, the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 311-8G of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the City Council upon recommendation by the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 311-8 of this chapter.

(2) In the case of a planned unit development or planned residential development or residential cluster development of 50 acres or more or subdivision of 150 acres or more, the City Council may grant the rights referred to in Subsection I(1) above for a reasonable period of time, longer than two years, but not more than four years, if mutually agreed upon. The developer may apply for thereafter, and the City Council may thereafter grant, an extension of final approval for an additional reasonable period of time mutually agreed upon.