(A) The applicant must comply with § 156.010 of this chapter regarding requirements for notice of a public hearing.
(B) The Planning Board shall take action on a preliminary major site plan application involving ten acres of land or less and ten dwelling units or less and/or a preliminary major subdivision application involving ten lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55-D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
(C) The Planning Board shall take action on a preliminary major site plan application involving more than ten acres of land or more than ten dwelling units and/or a preliminary major subdivision application involving more than ten lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Provided, however, that the Planning Board shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-60 within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed time period shall constitute approval of the application.
(D) The Zoning Board of Adjustment shall take action on a preliminary major site plan or subdivision application which includes a request for relief pursuant to N.J.S.A. 40:55D-70d. within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Zoning Board of Adjustment to act within the prescribed time period shall constitute approval of the application.
(E) The Board may condition preliminary major subdivision or site plan approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.
(F) When a preliminary major subdivision or site plan is approved by the Board, at least ten prints of the plat or plan shall be submitted to the Board by the applicant to be signed by the Chairman and Secretary of the Board and the Township Engineer. If the preliminary major subdivision or site plan application is denied by the Board, the Secretary of the Board shall notify the applicant of such denial and forward the applicant a copy of the resolution adopted in accordance with this chapter, setting forth the reasons for the denial.
(G) Effect of preliminary major subdivision or site plan approval.
(1) The preliminary approval of a subdivision or site plan shall, except as provided in subsection (d) of this section, confer the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:
(a) 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 N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;
(b) That the applicant may submit an application 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; and
(c) That the applicant may apply for, and the Planning Board may grant, an extension of the 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.
(d) 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 subsections (a), (b), and (c) of this section for a reasonable period of greater than three years, but not more than seven years. The applicant may apply for thereafter, and the Planning Board may thereafter grant an extension of the preliminary approval for not more than three additional one year periods, provided that if the design standards have been revised by ordinance, such revised standards may govern. The granting of this extended approval period shall be based upon the Planning Board's consideration of such factors as:
(1) The total number of dwelling units and/or square footage of non-residential area proposed;
(2) Economic conditions; and
(3) The comprehensiveness of the development.
(e) Whenever the Planning Board grants an extension of preliminary approval pursuant to § 156.021(G)(1)(c) or § 156.021(G)(1)(d) 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.
(f) 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 applicant proves to the reasonable satisfaction of the Board that he or she was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entitles and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.
(H) Concurrent preliminary and final subdivision and site plan approval.
(1) The Planning Board may, as its discretion, approve a request from an applicant to concurrently consider preliminary and final subdivision and/or site plan approval provided that:
(a) The application does not involve the construction of a new street.
(b) The application involves the creation of ten or fewer lots.
(c) The total square footage of non-residential construction involves less than 25,000 square feet of floor area and less than 30,000 square feet of impervious surface.
(2) The approval procedures for final approval shall be followed by the Planning Board as noted in § 156.022 below.
(Ord. 945-99, passed 9-13-99)