A.
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection B of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 7-21-1992 by Ord. No. O-27-92]
(1)
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;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to this chapter, 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.
(2)
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 subdivision plat or site
plan, as the case may be.
(3)
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 at the discretion
of the Planning Board.
B.
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 Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor areas permissible under preliminary approval, economic conditions and 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: the number of dwelling units and nonresidential floor areas permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or B of this section and preliminary 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.
[Added 7-21-1992 by Ord. No. O-27-92]
D.
The Planning Board shall grant an extension of preliminary 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 the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary 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(3) or B of this section.
[Added 7-21-1992 by Ord. No. O-27-92]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 175-83 of this chapter, 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 section shall expire if the plat has not been duly recorded within the time period provided in § 175-22C of this chapter. 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 § 175-22C, 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 § 175-83 for the section granted final approval.
[Amended 7-21-1992 by Ord. No. O-27-92]
B.
In the case of a 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 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 areas permissible under final approval, economic conditions and the comprehensiveness of the development. The applicant 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.
[Added 7-21-1992 by Ord. No. O-27-92]
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.
[Added 7-21-1992 by Ord. No. O-27-92]
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.
[Amended 9-23-2003 by Ord. No. O-43-2003]
The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site
plan approval was granted shall not be changed for a period of two
years after the date of minor site plan approval. Minor site plan
approval shall become null and void two years after the date of minor
site plan approval.
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 a 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 said development, the running of the period of approval under
N.J.S.A. 40:55D-1 et seq. or under any act repealed by said Act, as
the case may be, shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
