The final plat of a site plan or major subdivision shall be submitted to the Administrative Officer within three years from the date of preliminary approval. The applicant shall submit the required number of copies of the application, plat and such other information as specified in §§ 210-29 and 210-30 at least 21 days prior to the regular meeting of the Planning Board at which the applicant wishes to be heard. Unless the preliminary plat for subdivision or site plan approval was approved without changes, the final plat shall have incorporated all changes or modifications as were required by resolution of the Planning Board.
The final plat shall be accompanied by a statement
from the Borough Engineer that he is in receipt of a map showing all
utilities or extensions thereof in exact location and elevation, identifying
those portions already installed and those to be installed, and that
the applicant has complied with one or both of the following:
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to standards established by ordinance for
final approval, the conditions of preliminary approval and, in the
case of a major subdivision, the standards prescribed by the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that
in the case of a planned unit development, planned unit residential
development or residential cluster, the Planning Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
[Amended 7-13-1999 by Ord. No. 1073-99]
B.
Final approval shall be granted or denied within 45
days after notification that the application is complete, or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the Planning Board Secretary
as to the failure of the Planning Board to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other evidence of approval, herein required,
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
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.
Approved final plats shall be signed by the
Planning Board Chairman and Secretary.
A.
The zoning requirements applicable to the preliminary
approval first granted, 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. If the developer has followed the standard prescribed for
final approval and, in the case of a subdivision, has duly recorded
the plat as required, 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 N.J.S.A. 40:55D-49 for the section granted final approval.
[Amended 7-13-1999 by Ord. No. 1073-99]
B.
After Planning Board approval of a final site plan,
the plan shall not be subject to change except for minor engineering
changes approved by the Borough Engineer. Any change in site design
subsequent to approval shall be regarded as a separate plan, and site
development plans showing the proposed new design shall be submitted
under the requirements of this section and shall be separately approved
under the provisions set forth herein.
The distribution of approved plans shall be the same as specified in § 210-12.
