(A) The Planning Board shall take action on a final major site plan or subdivision application within 45 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.
(B) The Planning Board may condition approval upon compliance with any reasonable condition not in violation with the terms of this ordinance or other applicable local, state, or federal law.
(C) All final plans shall be revised to incorporate any conditions of approval and, when all such conditions have been met, ten copies of the revised final plat shall be submitted to the Administrative Officer to be signed by the Chairman and Secretary of the Planning Board.
(D) Final approval of a major subdivision shall expire 95 days from the date of signing of the plats unless within such period the plat shall have been filed by the applicant with the County Recording Officer, in conformity with the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The Planning Board may, for good cause, extend the time period for filing for an additional 190 days from the date of signing of the plats. The Planning Board may extend the 95 day or 190 day period if the applicant proves to the reasonable satisfaction of the Planning Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the 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 Planning Board. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(E) Effect of final approval.
(1) The zoning requirements applicable to the preliminary approval first granted and all other rights granted to the applicant pursuant to the preliminary approval, 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 the applicant has duly recorded the major subdivision plant as provided for in N.J.S.A. 40:55D-54.
(2) If the applicant has duly recorded the major subdivision plat as provided for in N.J.S.A. 40:55D-54, the Planning Board may grant an extension of the final approval for not more than three additional one year periods.
(3) Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of preliminary approval for the section(s) granted final approval.
(4) In the case of a subdivision or site plan for a planned development of 50 acres or more, a conventional subdivision or site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in § 156.022(E)(1) and 156.022(E)(2) above for a reasonable period of greater than two years, but not more than seven years. 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:
(a) The total number of dwelling units and/or square footage of non-residential floor area which is proposed;
(b) Economic conditions; and
(c) The comprehensiveness of the development.
(5) Whenever the Planning Board grants an extension of final approval pursuant to § 156.022(E)(1), § 156.022(E)(2) § 156.022(E)(4) 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.
(6) 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 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 entities and that he or she applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before (a) what would otherwise be the expiration date of preliminary approval or (b) the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.
(7) All final approvals are conditioned upon submission of required bonds or other surety of a form satisfactory to the township, as prescribed in § 156.30 below. If required street, utility, and similar improvements are not constructed, the township may call said bond or surety and use its proceeds to construct said improvements at the applicant's expense.
(Ord. 945-99, passed 9-13-99)