§ 26-69. FINAL APPROVAL OF MAJOR SUBDIVISION AND SITE PLAN REVIEW PROCEDURES.

26-69.1 Submission Requirements. No application for final major subdivision and no application for final site plan approval will be accepted unless it is submitted within three (3) years (plus any applicable extension as may have been granted pursuant to subsection 26-68.4c, d and f hereof) of the grant of preliminary approval of such major subdivision or site plan.

a.

Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist in subsection 26-74.3.

b.

The Secretary of the Board shall forward copies of the application to the following officials for review and comment where appropriate:

1.

Board Professional Staff;

2.

Construction Official;

3.

Tax Assessor;

4.

Borough Fire Department;

5.

Borough Police Department;

6.

Borough Sewer and Water Department.

c.

The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

(Ord. #637-99; Ord. #865-04, § 1)

26-69.2 Review by Other Borough Agencies and Officials. The officials and agencies cited in subsection 26-69.1 above shall forward their comments and recommendations in writing to the Board within fourteen (14) days after the receipt of the final application.

(Ord. #637-99)

26-69.3 Board Action.

a.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the "Map Filing Law" P.L. 1960, c. 141. In the case of a planned unit development, planned unit residential development or residential cluster, the 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.

b.

Final approval shall be granted or denied within forty-five (45) days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the County Register for purposes of filing.

c.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6, the Board shall condition its approval 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.

(Ord. #637-99)

26-69.4 Effect of Final Approval.

a.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, pursuant to subsection 26-68.3 above, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in subsection 26-69.6.a. below. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance with subsection 26-69.6.a. below, the Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 26-68.3 above, for any section of the development which is granted final approval.

b.

In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for the development of nonresidential floor area of two hundred thousand (200,000) square feet or more, the Board may grant the rights referred to in paragraph a. of this section for such period of time, longer than two (2) years, as shall be determined by the Board to be reasonable, taking into consideration:

1.

The number of dwelling units and non-residential floor area permissible under final approval;

2.

Economic conditions;

3.

The comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the following:

(a)

The number of dwelling units and nonresidential floor area permissible under final approval,

(b)

The number of dwelling units and nonresidential floor area remaining to be developed;

(c)

Economic conditions, and

(d)

The comprehensiveness of the development.

c.

Whenever the Board grants any extension of final approval pursuant to paragraphs a. or b. above, 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.

d.

The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one (1) 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 an extension before (1) what would otherwise be the expiration date of final approval, or (2) 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 section shall not preclude the Board from granting an extension pursuant to paragraphs a. or b. above.

(Ord. #637-99)

26-69.5 Conditions of Approval.

a.

Conditions Binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.

b.

Failure to Maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements in landscaping are to be installed by, and/or dedicated to and maintained by the Borough, County or another party, under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping, shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.

(Ord. #637-99)

26-69.6 Expiration of Final Major Subdivision Approval.

a.

Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the County Register. The Board may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. The Board may extend the ninety-five (95) day or one hundred ninety (190) day period if the applicant proves to the reasonable satisfaction of the Board (1) that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.

b.

No subdivision plat shall be accepted for filing by the County Register until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson, Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this chapter and has satisfied all other applicable conditions of final approval. If the County records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

(Ord. #637-99)