a. Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board within fifteen (15) working days of their receipt of the submission.
b. Upon the certification by the Secretary to the Board of the completeness of an application for final approval, the Board shall grant or deny final approval within forty-five (45) days of the date of such certification or within such further time as agreed to in writing by the applicant. In such case, the Secretary to the Board shall certify the submission date of the complete application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of formal action by the Board.
c. If the Board acts favorably on the final submission, the Chairman and the Secretary to the Board (or the acting Chairman and Secretary where either or both may be absent) shall affix their signatures to a reproducible copy of the development plan with a notation that it has been approved. The applicant shall furnish such reproducible copy to the Board for signing. In the case of final subdivisions only, the applicant shall also include at least two (2) mylar copies of the approved development plan.
d. In the case of a subdivision, within ninety-five (95) days of the date of signing the plat the developer shall file a copy of the approved final development plan or record a copy of the subdivision deed with the County Registrar. In the event of a failure to file within said ninety-five (95) days, the approval of the subdivision shall expire and further proceedings shall require the filing of a new development plan as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional one hundred ninety (190) days.
The Board may extend the ninety-five (95) day or one hundred ninety (190) day period if the developer proves to the reasonable satisfaction of the Board that (1) the developer was prevented from filing because of delays in obtaining other required governmental approvals and (2) he applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the delay caused by the wait for the required approvals. The developer may apply for an extension either before or after the original expiration date.
e. If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board (or acting Chairman in his absence) to that effect on the development plan and the resolution of memorializing shall set forth the reasons for such rejection. The resolution shall be returned to the applicant within seven (7) days of the date of decision.
f. Any final approval shall be conditional on the submission of "as built" drawings for those portions of a development completed under preliminary approval.
(Ord. No. 20-1993)
Final approval of a development plan shall confer upon the applicant the following rights for a two (2) year period from the date of final approval:
a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
b. If the developer has followed the standards prescribed for final approval, the Board may extend the protection for periods of one (1) year each, not exceeding three (3) such extensions.
c. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 30-307.8a, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in subsection 30-311.3d. 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 in subsection 30-311.3d, the Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) such extensions. Notwithstanding any other provisions of this chapter the granting of final approval terminates the time period of preliminary approval pursuant to subsection 30-307.8a, for the section granted final approval.
d. Whenever the Board grants an extension of final approval pursuant to paragraphs a. and b. above, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after the expiration date.
e. The Board shall grant an extension of the approval, not to exceed one (1) year from the date of expiration, if the developer proves to the reasonable satisfaction of the Board, that he was prevented from proceeding because of delays in obtaining other required governmental approvals, for which he applied promptly and diligently pursued. A developer shall apply for this extension either before the expiration date of the approval or before the ninety-first (91 st) day after the day on which he received the last of the required approvals, whichever occurs later.
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary to the Board to each of the following within ten (10) days from the date of decision:
Municipal Clerk (1)
Municipal Engineer (1)
Tax Assessor (1)
County Planning Board (1)
Board File (2)
Public Works Department (1)
Such other municipal, County or State agencies or officials as directed by the Board.
(Ord. No. 20-1993)
