A. The approving authority shall have the power to review and approve or deny conditional uses, site plans and/or subdivisions simultaneously without the developer being required to make further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever simultaneous review and approval of conditional use, site plan and/or subdivision is requested by the developer, notice of the hearing on the plat shall include reference to requests for all reviews and approvals requested.
B. Applications requiring approving authority action in accordance with the provisions of this chapter shall be submitted to the approving authority administrative officer.
[Added 3-28-2012]
A. For all applications for development, a Colts Neck Township zoning application shall first be made to the administrative officer (Zoning Officer) for issuance of a zoning approval by any person wishing to undertake any regulated activity.
B. If the administrative officer (Zoning Officer) determines that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35, the application for zoning approval shall be issued and the applicant may then apply for a building permit and/or other permits that may be required.
C. If the administrative officer (Zoning Officer) determines that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35, the applicant shall be instructed that Board of Adjustment approval of an application for zoning variance and/or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35 is required before zoning approval may be issued, allowing the applicant to apply for a building permit and/or other permits that may be required.
D. A Colts Neck Township zoning application shall be in writing by the owner or his authorized agent and include the following:
(1) A completed Colts Neck Township zoning application form and application fee pursuant to § 102-15.
(2) A statement of the use or intended use or uses of the building, structure or land.
(3) Two sets of elevations and floor plans drawn to scale of the building or structures to be erected, including signs to be placed thereon and their content and manner of construction.
(4) Two copies of a plot plan drawn to scale showing the proposed land improvement as well as all existing site improvements, including buildings, signs, driveways, parking areas, pool, sheds, patios, etc., with their setbacks and yard distances in exact location to street and lot lines.
(5) The proportion of existing and proposed lot coverage.
(6) Applications involving a major development pursuant to § 102-46.4, Stormwater management, shall submit a grading and drainage plan for the Township Engineer's review and approval.
E. The administrative officer (Zoning Officer) shall take action on a complete application for a development within 10 business days of its submission.
F. If the administrative officer determines that the proposed undertaking is not an exempt development, the applicant shall be instructed that Planning Board or Board of Adjustment approval of an application for development is required. The Zoning Officer shall further advise the applicant which board has jurisdiction over the application for development and which approvals are required.
G. The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, a minor site plan or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or final major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.
A. An informal submission is optional. Any person may appear at a meeting of the approving authority for informal discussion with reference to an informally prepared plat of sufficient accuracy to be used for purpose of discussion. The purpose of such a discussion will be to review overall development concepts in order to assist the applicant in the preparation of subsequent plans. No decisions will be made and no formal action taken on an informal discussion.
B. Informal submission includes sketches to scale of possible plan(s) for the development of an area. They are not binding on the Township or upon the developer and do not necessitate accurate engineered drawings. The data included on an informal submission of a site plan shall include sufficient basic data to enable the approving authority and the applicant to comment upon design concepts, such as structure location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria and the applicant's basic intent for water, sewerage and storm drainage facilities.
C. No fee shall be charged for an informal discussion.
If an informal discussion has not been held on a proposal as outlined above, a sketch plat submission is recommended for a major site plan or major subdivision. Whether or not an informal discussion was held on a minor site plan or minor subdivision, a sketch plat is required in order to record in the public record the plan's classification and to take final action on the application. For a minor subdivision or minor site, it is recommended that a plat meeting both sketch plat and minor subdivision or minor site plan requirements be submitted.
A. Filing procedure.
(1) The developer shall file an application for submission with the administrative officer, at least 10 working days prior to the regular meeting of the approving authority, the fee, together with a minimum of 10 copies of said sketch plat, minor subdivision plat or minor site plan prepared in accordance with the provisions of this chapter, 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet; three copies of a land survey prepared by a licensed surveyor conducted no more than five years prior to the date of the application, three copies of a freshwater wetland delineation report, one copy of the sketch plat, minor subdivision plat or minor site plan reduced to an eleven-inch-by-seventeen-inch paper and together with three completed application forms, W-9 taxpayer's identification number certification, developer's escrow agreement, erosion control agreement, disclosure statement, hold harmless form, Tax Collector's certification and a Checklist No. 1 or Checklist No. 2, attached hereto, for classification of a sketch plat or classification and approval of a minor subdivision plat or classification and approval of a minor site plan. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting. [Amended 3-28-2012]
(2) If a minor subdivision plat or minor site plan is involved that is to be filed, one translucent tracing cloth master copy of the plat must be provided. In addition, separate deeds covering easements, dedications or restrictions contained in the approval may be required. Where the developer does not plan to file the approved plat, five copies of the lot deed(s), deed(s) for lands dedicated to the Township for road widening purposes and for any other required dedications and/or restrictions and/or easements covered by the approval shall be provided and filed by the applicant. The administrative officer shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats, etc., submitted for processing in conjunction with the subdivision of the lot.
(3) Within five days of certification of a complete application, the administrative officer shall forward one copy of the plat to the following:
(a) Township Engineer.
(b) Tax Assessor.
(c) Board of Health.
(d) Environmental Commission.
(e) Shade Tree Commission (as applicable).
(f) Such other Township, county or state officials as directed by the Board.
(4) The applicant shall submit required plats and documents directly to the County Planning Board and any other county or state agencies as required by law.
B. Action by the approving authority.
(1) The approving authority shall review the submission and take action on rejecting, classifying and/or approving it. If the application is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the approving authority or its authorized committee or designee(s) within 45 days of the submission, or it shall be deemed to be properly submitted as a complete application as of the 45 days' date. Within 45 days of the date an application is certified as complete or within such further time as may be consented to by the applicant, the approving authority shall classify the application as a minor subdivision or minor site plan or as a major subdivision or major site plan and, if submitted and classified as a combined sketch plat and minor subdivision plat or minor site plan, the approving authority shall waive any required notice and public hearing and shall approve, approve with conditions or deny the minor subdivision or minor site plan application. The decision shall be in writing and shall be sent to the applicant and his or her attorney, and a short statement concerning the decision shall be published as required by this chapter. The approving authority shall not grant approval of a minor subdivision or site plan until five copies of required deeds dedicating lands for street rights-of-way and for any other required dedications and/or easements covered by the approval are provided to the approving authority if approved plats are not to be filed. Such deeds are to be approved as to form and content by the Township Engineer and Township Attorney and proof of filing provided by the applicant.
(2) Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action to approve the plat, shall either grant conditional approval in accordance with § 102-10, Conditional approval, in Article IV or shall grant approval if the time period in which the county must take action has expired.
(3) Before any plat is approved as a minor subdivision or minor site plan, the developer shall provide the approving authority with sufficient copies of the plat to be approved to forward and a copy of the approved plat on a CD in a .dxf CADD format or an approved equivalent. The approving agency shall, after approval, forward one copy to each of the following, retaining one copy for its file: [Amended 5-25-2005]
(a) Township Engineer.
(b) Construction Official.
(c) Tax Assessor.
(d) Board of Health.
(4) Approval; expiration.
(a) Approval of a minor subdivision shall expire 190 days from the date of the resolution of municipal approval unless within such period a performance guaranty which meets the requirements of Article IV of this chapter, including guaranties for off-tract improvements, if any, and which has been accepted by the Township Committee, and a plat in conformity with such approval, including any conditions imposed by the approving authority and in conformity with the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), as amended, or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer and copies of the filed deeds are provided to the approving authority, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority (or, in their absence, the Vice Chairman or Acting Secretary, respectively). [Amended 2-13-2013]
(b) The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this subsection if the developer proves to the reasonable satisfaction of the Planning Board 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 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(c) In accordance with N.J.S.A. 40:55D-54, as amended, the county recording officer shall notify the approving authority of the filing of any plat within seven days of the filing.
(d) The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted shall not be changed for a period of two years after the date of approval, provided that the approved minor subdivision shall have been duly recorded. The Planning Board shall grant an extension of this period 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 approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or before the 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.
(5) When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivision or development, will not create, impose, aggravate or lead to any such adverse effect(s).
(6) If classified as a major development or site plan or approved as a minor subdivision or minor site plan, a notation to that effect, including the date of the approving authority's action, shall be made on copies of the plat and shall be signed by the Chairman and Secretary of the approving authority (or, in their absence, the Vice Chairman or Acting Secretary, respectively), except that the minor plats shall not be signed until all conditions are met and/or incorporated on the plat. All conditions on minor developments shall be complied with within 190 days of the meeting at which conditional approval was granted; otherwise, the conditional approval shall lapse unless the time limit is extended by the approving authority. If the plat is classified as a major development, sketch plat modifications are not required. [Amended 2-13-2013]
(7) Conditions of approval. All approvals of a minor subdivision or site plan shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board or Board of Adjustment prior to the signing of the plat, start of construction and/or issuance of a building permit: [Added 2-13-2013]
(a) Submission of additional prints of the plat and attachments for distribution, as required.
(b) In the event that any documents require execution in connection with the approval, such documents will not be released until all of the conditions of approval have been satisfied, unless otherwise expressly noted.
(c) No taxes or assessments for local improvements shall be due or delinquent on the subject property.
(d) The applicant shall pay to the municipality any and all sums outstanding for fees incurred by the municipality for services rendered by the municipality's professionals for review of the application for development, review and preparation of documents, inspection of improvements, and other purposes authorized by the Municipal Land Use Law. The applicant shall provide such further escrow deposits with the municipality as are necessary to fund anticipated continuing municipal expenses for such professional services, if any, in connection with the application for development as may be authorized by the Municipal Land Use Law.
(e) The applicant shall furnish such performance guaranties, inspection fees and/or maintenance guaranties as may be required pursuant to Article IV of this chapter and which have been accepted by the Township Committee for the purpose of assuring the installation and maintenance of on-tract/off-tract improvements.
(f) No site work shall be commenced, or plans signed or released or any work performed, with respect to this approval until such time as all conditions of the approval have been satisfied or otherwise waived by the Board.
(g) Any and all notes, drawings or other information contained on any approved plans shall be conditions of this approval.
(h) Nothing herein shall excuse compliance by the applicant with any and all other requirements of this municipality or any other governmental entity.
(i) In the event that any de minimis exception has been granted from the Residential Site Improvement Standards (RSIS) in connection with the application, the applicant shall send a copy of the resolution to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey 08625-0802, within 30 days of the date thereof. Said copy of the resolution shall be clearly marked on its face with the words "SITE IMPROVEMENT EXCEPTIONS."
(j) In the event that the applicant and the approving authority have agreed that exceeding a standard of the Residential Site Improvement Standards is desirable under the specific circumstances of the proposed development, such agreement to exceed Residential Site Improvement Standards (RSIS) shall be placed, in writing, by the developer and transmitted forthwith to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey 08625-0802.
(k) All special conditions shall be included as notes on the plans.
(l) The applicant shall comply with the requirements of the municipal ordinances with respect to its affordable housing obligation by either providing the required affordable housing on site, providing affordable housing off site or making a contribution of an affordable housing fee pursuant to the applicable statutes and municipal ordinances.
(m) The resolution does not constitute a permit for the construction of the approved improvements. The applicant shall be responsible for obtaining any and all other permits and approvals required prior to the commencement of any development activities, including, but not limited to, NJDOT, NJDEP, Monmouth County Planning Board, Freehold Soil Conservation District (Regional) in addition to any and all building and construction permits required by the municipality. All work performed shall be in accordance with, and shall not deviate from, the approved plans and all applicable federal, state, county and local laws, rules and regulations.
Upon receipt of any application for site plan approval, the administrative officer shall submit a copy of each such application to the Police Department, Public Works Department, Fire Department and First Aid Company for review and recommendation.
Preliminary plats are required for all major site plans and major subdivisions.
A. Filing procedure.
(1) The developer shall file an application for submission with the administrative officer, at least 45 days prior to the regular meeting of the approving authority, 10 copies of the preliminary plat of the proposed development, prepared in accordance with the provisions of this chapter, 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet, three copies of a land survey prepared by a licensed surveyor conducted not more than five years prior to the application, three copies of the freshwater wetland delineation report, three copies of the site investigation and soil sampling report pursuant to § 102-71.1, one copy of the preliminary subdivision plat or preliminary site plan reduced to an eleven-inch-by-seventeen-inch paper, three completed copies of the application forms and applicable checklist and three copies of any protective and/or restrictive covenants or deed restrictions applying to the land being developed. The application shall also be accompanied by three copies of the drainage calculations as prescribed in Part 3 and all other required documents, as well as the required fee(s) and escrow deposits. [Amended 3-28-2012]
(2) The application shall be accompanied by three copies of the following: a completed application form, a completed and notarized indemnification and hold harmless form or a certificate of insurance rendering the Township and its officers and engineer harmless from any loss due to damage resulting from the grading, drainage or development of the property and any off-site improvements and from any liability during construction; a properly executed and dated Colts Neck Township erosion control agreement; a Tax Collector's certification, a W-9 taxpayer's identification number and certification; a developer's escrow agreement, a traffic engineer's study, if and as required by the approving authority, analyzing peak-hour impacts related to total traffic, turning movements related to the site, the impact on nearby intersections, changes in the level of service on the abutting or nearby roads and intersections, the adequacy of off-street parking and other data as may be appropriate to the application, with conclusions for improvements such as but not limited to, right-of-way or pavement widening, lane channelization, traffic signal needs, traffic signage and sight distance improvements; and a complete environmental impact report (EIR) in accordance with provisions of Part 3 of this chapter, together with any request for specific waivers. Any request(s) for waivers or an exemption of the entire EIR shall be accompanied by a written assessment supporting such request(s). [Amended 3-28-2012]
(3) An application by a corporation or partnership shall be accompanied by ownership information per Subsection C, N.J.S.A. 40:55D-48.1 and 40:55D-48.2, as amended.
B. Action by the approving authority.
(1) The approving authority shall review the submission for its completeness. If found to be incomplete, the applicant shall be notified, in writing, of the deficiencies therein by the approving authority or its authorized committee or designee(s) within 45 days of submission of an application, or it shall be deemed to be properly submitted as a complete application as of the 45 day's date.
(2) Application requirements.
(a) The administrative officer shall issue an application number, and thereafter it shall appear on all papers, maps, plats, etc., submitted for processing in conjunction with the application. Within five days of certification of complete application, the administrative officer shall submit copies of the plat and supporting data to each of the following:
[1] Township Engineer.
[2] Shade Tree Commission.
[3] Board of Health.
[4] Environmental Commission.
[5] Tax Assessor (two).
[6] Any other agency or person, as directed by the approving authority for their review or action.
(b) The applicant shall apply directly to the Monmouth County Planning Board for preliminary major subdivision or preliminary major site plan approval and to the Freehold Soil Conservation District for certification of plans pursuant to the Soil Erosion and Sedimentation Control Act, Chapter 251 of the Public Laws of 1975, as amended.
(c) If the proposed development requires New Jersey Department of Environmental Protection or other county, state or United States government certification, approvals, permits or other documents for water supply and/or sewerage facilities, stream encroachment, freshwater wetlands or other matters, the application shall not be approved until the applicant has provided the approving authority with copies of the required documents; the approving authority conditions its approval on receipt of such required documents; or applicable time limits have expired.
(d) For those applications requiring approval within 45 or 95 days of certification of a complete application, the approving authority shall not grant preliminary approval until a report, in writing, has been received from the County Planning Board and Freehold Soil Conservation District or the thirty-day period in which it is required to act has expired. For those applications requiring approval within 95 days of certification of a complete application, the approving authority shall not grant preliminary approval until the approving authority either receives a report, in writing, from those to whom copies of the plat have been forwarded or until the following time period expires. Each shall have 30 days from referral of the plat to report to the approving authority, unless otherwise stated herein. If the report recommends changes in the developer's proposal, such report shall state the reasons therefor. If any agency or person fails to report to the approving authority within the thirty-day period or such other period stated herein, the Planning Board is released from the requirement to have such a report before taking action on the application. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the applicant, the thirty-day period for the County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the approving authority is required to act.
(3) Upon certification of a complete application for a major preliminary subdivision and after holding a public hearing, the approving authority shall grant or deny preliminary subdivision approval within the following time periods or within such further time as may be consented to by the applicant. In the event that the escrow account has not been replenished as required in § 102-15B(4) and there are insufficient funds to proceed with the application in a timely manner and the Township has been denied professional expertise or other data deemed necessary by the approving authority as a result of insufficient funds, the approving authority may either deny or dismiss the application unless the applicant replenishes the escrow account as required and grants an extension of time within which to act in the event that an extension is needed to provide the time in which to obtain reports and other data using the recent escrow deposit.
(a) A subdivision plat involving 10 lots or fewer: within 45 days of the date of certification of a complete application.
(b) A subdivision plat involving more than 10 lots: within 95 days of the date of certification of a complete application. Otherwise, the approving authority shall be deemed to have granted preliminary subdivision approval.
(4) Action on application.
(a) Upon certification of a complete application for a major site plan and after holding a public hearing, the approving authority shall grant or deny preliminary site plan approval within the following time periods or within such further time as may be consented to by the applicant. In the event that the escrow account has not been replenished as required in § 102-15B(4) and there are insufficient funds to proceed with the application in a timely manner and the Township has been denied professional expertise or other data deemed necessary by the approving authority as a result of insufficient funds, the approving authority may either deny or dismiss the application unless the applicant replenishes the escrow account as required and grants an extension of time within which to act in the event that an extension is needed to provide the time in which to obtain reports and other data using the replenished escrow deposit.
[1] A site plan which involves 10 acres of land or less and 10 dwelling units or less: within 45 days of the date of certification of a complete application.
[2] A site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date of certification of a complete application.
(b) Otherwise, the approving authority shall be deemed to have granted preliminary site plan approval.
(c) Action shall be taken on a preliminary site plan without a public hearing unless, in the opinion of the approving authority, the proposed use, proposed intensity of development, location of the tract, traffic conditions, environmental concerns or any other aspect covered by review are of sufficient concern that the approving authority desires to receive the public's comments. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing, and the scheduling and notification for the hearing shall be in accordance with this chapter for public hearings.
(5) If the approving authority requires or the applicant proposes any substantial amendment in the layout or improvements in either a site plan or subdivision as originally proposed by the developer, an amended application and additional fee for development shall be submitted and proceeded upon, as in the case of the original application for development.
(6) The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been conducted and due consideration has been given to all reports received from other officials and bodies to which the application was referred. The decision shall be in writing and shall be sent to the applicant and his or her attorney, and notification shall be sent to the newspaper as required by § 102-24, Public hearings and notices, in Article IV. If the approving authority grants preliminary approval, its chairman and secretary (or vice chairman or acting secretary, in their absence, respectively) and Township Engineer shall sign the first page of the plat, indicating his or her approval. If the plat is conditionally approved, it shall not be signed until all temporary conditions of approval are complied with. If all temporary conditions of approval are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse, unless this time limit is extended by the approving authority.
(7) Before approval of the plat, the developer shall provide the approving authority with sufficient copies of the plat to be approved, and the approving authority shall, after approval, forward one copy to each of the following and retain one copy for its files:
(a) Shade Tree Commission.
(b) Township Engineer.
(c) Tax Assessor.
(d) Township Board of Health.
(e) Construction Official.
(f) The developer, for compliance with final approval requirements.
(g) Such other Township, county or state officials as directed by the Board.
(8) Preliminary approval shall, except as provided in Subsection B(8)(d) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void after the three-year interval, unless an extension is granted.
(a) 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 any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety, which shall then become applicable to the approved preliminary application. No site work shall be commenced, or any work performed, with respect to the preliminary approval until such time as final approval is granted and all conditions of final approval have been satisfied or otherwise waived by the Board. [Amended 2-13-2013]
(b) 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 plat; however, all sections must be submitted by the expiration date; and
(c) The applicant may apply for and the approving authority may grant extensions on 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. The effect of preliminary approval shall be that preliminary approval of a major subdivision or of a site plan shall, except for a subdivision or site plan for an area of 50 acres or more, confer upon the applicant the rights set forth in this subsection for a three-year period from the date on which the resolution of preliminary approval is adopted. See also Subsections B(8)(f) and (g) of this section.
(d) In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units permissible under preliminary approval and the potential number of dwelling units of the section(s) 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) Preliminary plat approval shall not be transferable or assignable to an individual, partnership or corporation without the consent of the approving authority and upon a review of the terms and conditions of the proposed subdivision; such consent shall not be unreasonably withheld.
(f) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(8)(c) or (d) 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.
(g) 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 B(8)(c) or (d) of this section.
(9) When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect(s).
