At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Submission of a concept plan is optional with the developer. Informal review of a concept plan is intended to enable the Board and the developer to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for formal plan review and approval. The procedures for filing, determination of completeness and review shall be as provided by this article. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to minor site plans:

A. If an application for minor site plan approval is classified as other than a minor site plan, the applicant will be so notified. No further action by the Board will be required, and the applicant will be required to follow the procedures for filing an application for preliminary and final major site plan approval.

B. A minor site plan may, at the discretion of the Board, be reviewed by the full Board, referred to the Site Plan Committee for review and recommendations, or may be approved subject to administrative review by the Village Engineer; provided, that any minor site plan which requires any variances shall be reviewed by the full Board, and a public hearing shall be held in accordance with the procedures set forth in this chapter.

C. Minor site plan approval shall be deemed to be final approval of the plan by the Board, provided that the Board or, in the case of administrative review, the Village Engineer, may condition such approval on terms ensuring the provision of improvements pursuant to S 190-25, § 190-54 and § 190-55.

D. If the application is approved, the approved plan shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guarantees that may be required pursuant to § 190-25 and § 190-57.

E. Prior to the Board returning the signed minor site plan to the applicant, the applicant shall submit six (6) copies of the approved plan to the Secretary. If the approved plan is larger than 11" x 17", the applicant shall also submit a translucent copy of the drawing suitable for making prints.

F. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor site plan approval. The Planning Board shall grant an extension of this period 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 the approvals. The developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the ninety-first (91st) day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

G. If the required building and/or zoning permits for an approved minor site plan have not been issued within the period of protection set forth in subsection F. above, the approval of said minor site plan shall become null and void.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to minor subdivisions:

A. If an application for minor subdivision approval is classified as other than a minor subdivision, the applicant will be so notified. No further action by the Board will be required, and the applicant will be required to follow the procedures contained herein for filing an application for preliminary and final major subdivision approval.

B. In reviewing a minor subdivision application, the Board may accept a plat not in conformity with the "Map Filing Law", provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the "Map Filing Law".

C. A minor subdivision may, at the discretion of the Board, be reviewed by the full Board or referred to the Subdivision Committee for review and recommendations; provided, that any minor subdivision which requires any variances shall be reviewed by the full Board, and a public hearing shall be held in accordance with the procedures set forth in this chapter.

D. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition any such approval on terms ensuring the § 190-54 and provision of improvements pursuant to § 190-25, § 190-55.

E. If the application is approved, the deed or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guarantees that may be required pursuant to § 190- 25 and § 190-57.

F. Prior to the Board returning the signed minor subdivision plat or deed to the applicant, the applicant shall submit six (6) copies of the approved plat or deed to the Secretary. If the approved plat is a drawing larger than 11" x 1711, the applicant shall also submit a translucent copy of the drawing suitable for making prints.

G. Except as provided otherwise below, approval of a minor subdivision shall expire one hundred and ninety (190) days from the date on which the resolution of Village approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Village Engineer and the Village Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 190-50 or § 190-59.

H. The Board may extend the one hundred and ninety (190) day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Board: 1) that the developer 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 developer 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 Board. The developer may apply for the extension either before or after what would otherwise by the expiration date.

I. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to preliminary major site plans and preliminary major subdivisions.

A. If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board.

B. Prior to the Board returning the approved preliminary subdivision plat or site plan drawings to the applicant, the applicant shall submit six copies of the approved site plan or plat to the Secretary. If the approved plan is larger than 11 inches by 17 inches, the applicant shall also submit a translucent copy of the drawing suitable for making prints.

C. Preliminary approval of a major site plan or preliminary major subdivision shall, except as provided otherwise below, confer upon the applicant the following right for a three-year period from the date on which the resolution of preliminary approval is adopted:

(1) 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 on-tract improvements required to be installed, except that nothing herein shall be construed to prevent the Village from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

(2) That the applicant may construct only those infrastructure improvements set forth in § 190-54B, provided that the same rights shall be conferred in the case of a site plan involving the infrastructure improvements set forth in § 190-54B. No other improvements may be constructed, and no other permits may be issued until final approval has been granted and all conditions precedent to approval have been satisfied;

(3) That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary major site plan or preliminary major subdivision, as the case may be; and

(4) That the applicant may apply for and the Board may grant extensions of such 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 preliminary major site plan or preliminary major subdivision for an area of 50 acres or more, the Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

E. Whenever the Board grants an extension of preliminary major site plan or preliminary major subdivision approval as indicated above and the 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 developer may apply for the extension either before or after what would otherwise be the expiration date.

**Webmasters Note: The previous section has been amended as per Ordinance No. 3242.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to final major site plans and final major subdivisions:

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 of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law".

B. In the case of a residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by a 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.

C. If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until the developer has posted any guarantees that may be required pursuant to §190-25 and § 190-57. Prior to the signing and return of a final major subdivision plat or final major site plan, the applicant shall submit six (6) copies of the approved plat to the Secretary. If the approved plat is a drawing larger than 11" x 17", the applicant shall also submit a translucent copy of the drawing suitable for making prints.

D. 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 developer with the county recording officer. The Board may for good cause shown extend the period of recording for an additional period not to exceed one hundred and ninety (190) days from the date of signing of the plat.

E. The Board may extend the ninety-five (95) day or one hundred and ninety (190) day filing period if the developer proves to the reasonable satisfaction of the Board 1) that the developer 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 developer 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 Board.

F. The developer may apply for a filing extension either before or after the original expiration date.

G. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 190- 50 and § 190-59. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to § 190-25 and 190- 57.

H. The zoning requirements applicable to the preliminary approval first granted and all other right conferred upon the developer by preliminary approval, 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 a major subdivision the rights conferred herein shall expire if the plat has not been duly recorded within the time period provided above.

I. Notwithstanding any other provisions of this chapter, the granting of final approval to the development or section of the development terminates the time period of protection for the preliminary approval granted to the same development or section of the development.

J. 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 above, the Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions.

K. 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 and fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Board may grant the rights referred to in subsection H. above 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 nonresidential floor area permissible under final approval, 2) economic conditions and 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 1) the number of dwelling units and nonresidential floor area permissible under final approval, 2) the number of dwelling units and nonresidential floor area remaining to be developed, 3) economic conditions and 4) comprehensiveness of the development.

L. The developer may apply for an extension either before or after what would otherwise be the expiration date. Whenever the Board grants an extension of final approval pursuant to subsection J. or K. above and the 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.

In addition to the procedures for filing, completeness determination and review provided by this article, the following provisions shall apply to applications which involve residential cluster:

A. variation in density or intensity. The standards for permitting variation in intensity in a residential cluster shall be as set forth in the specific district regulations in Article X of this chapter. In the case of cluster development, the maximum number of lots which may be permitted shall be computed by providing the Board with a plan which shows a subdivision concept layout of the property as it could be developed as a conventional subdivision in conformance with all the regulations of the Land Use Ordinance. This subdivision concept plan shall provide all the information required pursuant to § 190-67 and also include road profiles, a wetlands delineation pursuant to the Freshwater Wetlands Protection Act and a flood plain delineation pursuant to the most recent Federal Flood Insurance Rate Map. The cluster development shall be entitled to the same number of lots that the said conforming conceptual subdivision would be entitled to, taking into account good planning, zoning, and engineering principles as determined by the Board.

B. Open space ownership and maintenance. Any subdivision which involves residential cluster shall either dedicate any resulting open space land to the Village or shall make provision for the establishment of an open space organization which shall own and maintain said open space for the benefit of owners or residents of the development. Any area to be dedicated to the Village for open space purposes under the terms of this section shall be at a location and shape as approved by the Planning Board. If any open space areas are to be owned and maintained by an organization for the benefit of owners and residents of the development, then the following provisions shall apply:

(1)Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development. Thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Village of Ridgewood

(2)In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Planning Board may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. said notice shall include a demand that such deficiencies of maintenance be cured within thirty five (35) days thereof, and shall state the date and place of a hearing thereon. The hearing shall be held within fifteen (15) days of the notice.

(3) At the hearing on deficiencies in maintenance, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured.

(4) If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within thirty-five (35) days or any permitted extension thereof , the Village, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners.Œ

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(5) Before the expiration of the year in paragraph (4) above, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development shall show cause why such maintenance by the Village shall not, at the election of the Village, continue for a succeeding year.

(6) If at the hearing the Planning Board shall determine that such organization is ready and able to maintain said open space in a responsible condition, the Village shall cease to maintain said open space at the end of said year.

(7) If at the hearing the Planning Board shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Village may, at its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review.

(8) The cost of such maintenance by the Village shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

C. Findings for residential cluster. Prior to the approval of any residential cluster, the Board must find the following facts and conclusions:

(1) That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the zoning regulations authorizing such departures by residential clusters in Article X;

(2) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;

(3) That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

(4) That the proposed residential cluster will not have an reasonably adverse impact upon the area in which it is proposed to be established; and

(5) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

The Planning Board or the Zoning Board of Adjustment, in granting any approval, may require reasonable conditions designed to further the intent and purpose of this ordinance and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The following provisions shall apply to conditional approvals:

A. Time for. compliance with conditions. Whenever any application for development is approved subject to specified conditions I said conditions shall be fulfilled within one hundred and ninety (190) days of the date on which the resolution of approval was adopted, subject, however, to the following:

(1) Exempt from this requirement are those conditions pertaining to other governmental approvals as indicated in Subsections D and E below.

(2) Notwithstanding the above one hundred and ninety (190) day limitation, the Board may, in appropriate circumstances, specify a longer period of time within which any specific condition must be fulfilled.

(3) The applicant may, for good cause shown, apply for, and the Board may grant, extensions of time within which such conditions must be fulfilled as the Board may deem appropriate under the circumstances. Applications for such extension must be made prior to the expiration of the period within which conditions were previously required to be fulfilled.

B. Procedure for demonstrating compliance. All conditions of approval shall be complied with in the following manner:

(1) Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the Board.

(2) The fulfillment of all other conditions shall forthwith be reported in writing to the Board, which may cause such reports to be verified in an appropriate manner.

C. Effect of failure to comply. Only upon fulfillment of all conditions precedent of preliminary approval shall any site -clearing, grading, construction of required on-tract or off-tract improvements, or other development be permitted. Only upon fulfillment of all conditions precedent of final approval shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning approval or other required approval be issued. Failure to comply with any and all specified conditions of approval shall have the following effects:

(1) Conditions precedent. In the case of specified conditions intended to be fulfilled before the approval becomes effective, failure to fulfill any such condition within the required time period shall cause said conditional approval to lapse and become null and void.

(2) Conditions subsequent. In the case of specified conditions which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within the required time period shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any certificate of occupancy or any other approval until such conditions are fulfilled.Œ

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D. County Planning Board approval. Whenever review or approval of an application by the County Planning Board is required section 5 of P.L. 1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the Board shall condition any approval that it grants 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.

E. other governmental approvals. In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board, the Zoning Board of Adjustment or the County Planning Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Board shall make a decision on any application within the time periods provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.

F. In the event that a developer submits an application for development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Village agency shall process such application for development in accordance with the Municipal Land Use Law and this chapter, and, if such application for development complies with this chapter, the Village agency shall approve such application conditioned on removal of such legal barrier to development.

Failure of the Planning Board or the Zoning Board of Adjustment to act within the periods prescribed herein shall constitute an approval of the application, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, as required by the Municipal Land Use Law,,. and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The following provisions shall apply whenever an applicant wishes to claim approval of his application for development by reason of the failure of the Board to grant or deny approval within the time period provided herein:

A. The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to § 190-11.

B. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Village, if there be one, or in a newspaper of general circulation in the Village.

C. The applicant shall file an affidavit of proof of service and publication with the Board Secretary, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to § 190-59.

The following shall apply :to requests for extension of any approval from the Planning Board or Zoning Board of 'Adjustment due to delays in obtaining approvals from other government agencies:

A. The Planning Board shall grant an extension of any site plan or subdivision 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 the approvals.

B. A developer shall apply for this extension before: 1) what would otherwise be the expiration, or 2) the ninety-first (91st) day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

C. An extension granted pursuant to this section shall not preclude the Board from granting any other extensions permitted herein or by any other law,

In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare and the developer is ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive order is in effect.

Prior to any construction and coincident with the furnishing of the performance guarantee by the developer, the developer shall enter into a developer's agreement with the Village Council incorporating all of the terms and conditions of approval as required by the Planning Board. At the discretion of the Village Council, the developer may be required to provide a restoration guarantee as part of the agreement that can be used by the Village to restore the property to a safe condition in the event that the developer abandons the development project. The intent of such guarantee is to ensure that the property in its unfinished development state does not adversely affect the public safety or adversely impact the environment. No cutting of trees or vegetation, and no excavation, earth moving or installation of infrastructure shall be permitted until said developer's agreement is executed between the Village Council and the developer. No Village official shall sign an approved preliminary subdivision or site plan until the required developer's agreement has been executed.