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.
[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.
(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.
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:
(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.
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.
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:
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.
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.
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.
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:
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:
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.
