A. The zoning requirements granted on preliminary approval and all other rights conferred upon the developer pursuant to § 175-81, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, 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 § 175-20D 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 § 175-20D of this chapter, 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 act, the granting of final approval terminates the time period of preliminary approval pursuant to § 175-81 of this chapter for the section granted final approval.
B. In the case of a subdivision or site plan for a planned unit development or planned unit residential development 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 developer 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 areas permissible under final approval; the number of dwelling units and nonresidential floor areas remaining to be developed; economic conditions; and the comprehensiveness of the development.
[Amended 3-25-2002 by Ord. No. 12-2002]
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