§ 164-18. Procedure for preliminary site plan approval.
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A. Determination of completeness of application. Upon submission to the administrative officer of the Board of an application for preliminary site plan approval, such application shall be reviewed by the Board, together with all documents to be submitted with the application, and, if the application for development is found to be incomplete, the developer shall be notified, in writing, within 45 days of the original submission of such application of any deficiencies. In the event that no notification is given within 45 days, the application shall be deemed to be properly submitted.
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B. Time for approval.
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(1) Upon submission to the administrative officer of a completed application for preliminary site plan approval which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary site plan approval within 45 days of such completed submission or within such further time as may be consented to by the developer.
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(2) Upon submission of a completed application for preliminary site plan approval which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary site plan approval within 95 days of the date of such completed submission, or within such further time as may be consented to by the developer. In the event that there is no action taken by the Planning Board within the time period set forth herein, the Board shall be deemed to have granted preliminary site plan approval of the site plan.
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§ 164-19. Effect of preliminary site plan approval.
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A. Rights of applicant upon approval. Preliminary site plan approval of a site plan shall, except as provided herein, confer upon the applicant the following rights for a three-year period from the date of preliminary approval.
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(1) The general terms and conditions of the preliminary site plan approval shall not be changed, including, but not limited to, the use requirements; layout design and standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of any preliminary site plan approval as relate to the public health, safety and welfare.
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(2) 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 site plan, as the case may be.
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(3) The applicant may apply for, and the Planning Board, in its discretion, may grant extensions of preliminary site plan approvals 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 shall govern.
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(4) In the event there is preliminary site plan approval for an area of 50 acres or more, the Planning Board may grant the rights referred to above herein for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration.
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(a) The number of dwelling units and the nonresidential floor area permissible under preliminary approval.
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(b) Economic conditions.
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(c) The comprehensiveness of the development.
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(5) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or (4) 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 developer may apply for the extension either before or after what would otherwise be the expiration date.
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(6) 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 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 required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A(3) or (4) of this section.
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B. Extensions. 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 the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the 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 shall govern.
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§ 164-20. Procedure for final site plan approval.
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A. Conformance with standards and conditions. The Planning Board shall grant final approval of a site plan application if the detailed drawings and specifications conform to the standards established herein for final approval and the conditions for preliminary approval have been complied with.
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B. Time for decision. Final approval shall be granted or denied within 45 days after submission of a completed application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant.
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C. County approval. Whenever review or approval of an application for a final approval is required by the County Planning Board pursuant to N.J.S.A. 40:27-6.6, the Board shall condition any final approval upon timely receipt of a favorable report upon the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within its required time period.
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D. Proof of other required approvals and payment of taxes. All final site plan approvals granted by the approving authority are subject to the developer's providing the Board with evidence of receipt of all approvals by agencies having jurisdiction over the subject site. No final site plan shall be signed by the Board in certification of site plan approval unless all such evidence of approvals has been provided, performance guarantees have been posted, site improvement construction inspection fees and outstanding site plan review fees have been paid. Proof that all taxes have been paid shall also be supplied.
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