(A) If, after the approval of a GDP, the applicant wishes to revise the timing schedule, or wishes to make any variation in the location of land uses within the development, or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the development, the applicant shall be required to gain the prior approval of the reviewing board, except that the applicant may reduce the number of residential units or amount of nonresidential floor space by no more than 15%, or reduce the residential density or nonresidential floor area ratio by no more than 15% provided, however, that an applicant may not reduce the number of low and moderate income residential units to be provided, if any, without the prior approval of the reviewing board, and provided further there shall be no reduction in the level of improvements, off-tract contributions, or similar conditions of the GDP without prior approval of the reviewing board.
(B) A revision to the timing schedule shall be reviewed by the reviewing board and the granting or denial of any extensions of time shall be based on the degree to which matters are judged to be, or to have been, within the reasonable control of the applicant, or the degree to which matters may have been beyond the control of the applicant. The reviewing board shall also consider the items outlined in § 156.025(D) above as part of any revision to the timing schedule.
(C) Upon acquiring a certificate of occupancy for every residential unit and every nonresidential structure in each section of the development as set forth in the approved GDP, the applicant shall notify the Administrative Officer, by certified mail, as evidence that the applicant is fulfilling his obligations under the approved GDP. If the township does not receive such notification at the completion of any section of the development, the township shall notify the applicant, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
(D) If the applicant does not complete any section of development within eight months of the date provided for in the approved GDP, or if at any time the township has cause to believe that the applicant is not fulfilling his obligations pursuant to the approved GDP, the township shall notify the applicant, by certified mail, and the applicant shall have ten days within which to give evidence that he is fulfilling his obligations pursuant to the approved GDP. The township thereafter shall conduct a hearing to determine whether or not the applicant is in violation of the approved GDP. If after the hearing, the township finds good cause to terminate the approval, it shall provide written notice of same to the applicant and the approval shall be terminated 30 days thereafter.
(E) In the event that a applicant who has GDP approval does not apply for preliminary site plan or subdivision approval for the planned development which is the subject of the GDP approval within five years of the date upon which the GDP has been approved by the reviewing board, the township shall have cause to terminate the approval. For purposes of this chapter, the application for preliminary approval within the five year period as required herein will be satisfied by submitting one or more applications for one or more sections of a phased development within this five year period, and will remain in compliance provided subsequent preliminary plat submissions for further sections of the development are submitted in a timely manner consistent with the timing schedule approved as part of the GDP.
(F) In the event that a development which is the subject of an approved GDP is completed before the end of the term of the approval, the approval shall terminate and the development shall be considered complete on the date upon which the certificate of occupancy has been issued for the final residential and nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved GDP and the applicant has fulfilled all his obligations pursuant to the approval.