§211-113 8 Status of plan after tentative approval.
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A. Within five (5) working days after the adoption of the written resolution provided for in § 211-113.7G of this Article, it shall be certified by the Township Clerk and shall be filed in his office, and a certified copy shall be mailed to the landowner Where tentative approval has been granted, the same shall be noted on the Zoning Map maintained in the office of the Township Clerk.
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B. Tentative approval of a plan shall not qualify a plat of the planned unit development for recording nor authorize development or the issuance of any building permits A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified, revoked or otherwise impaired by action of the township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of tune specified in the resolution granting tentative approval.
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C. In the event that a plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon part of or all of said plan and shall so notify the Planning Board in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the plan for which final approval has not been given shall be subject to those township ordinances applicable thereto, as they may be amended from time to time, Find the same shall be noted on the Zoning Map in the office of the Township Clerk and in the records of the Township Clerk
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§211-113.9. Application for final approval.
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A. An application for final approval may be for all the land included in a plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Township Planning Department within the time or times specified by the resolution granting tentative approval The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth by written resolution of the Planning Board at the time of tentative approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required provided the plan, or the part thereof, submitted for final approval is in substantial compliance with the plan theretofore given tentative approval.
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A. A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not vary the proposed gross residential density or intensity of use by more than five percent (5%); involve a reduction of the area set aside for common open space nor the substantial relocation of such area, nor increase by more than five percent (5%) the total ground areas covered by buildings nor involve a substantial change in the height of buildings. A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of stormwater and sanitary sewage
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C. A public hearing shall not be held on an application for final approval of a plan when said plan as submitted for final approval is in substantial compliance with the plan as tentatively approved The burden shall nevertheless be upon the landowner to show the Planning Board good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the resolution of tentative approval, the Planning Board shall, within forty-five (45) days of such filing, grant such plan final approval; provided, however, that in the event the plan as submitted contains variations from the plan given tentative approval but remains in substantial compliance with the plan as submitted for tentative approval, the Planning Board may, after a meeting with the landowner, refuse to grant final approval and shall, within forty-five (45) days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one (1) or more of said variations fire not in the public interest In the event of said refusal the landowner may file his application for final approval without the variations objected to by the Planning Board on or before the last day of the time within which he was authorized by the resolution granting tentative approval to file for final approval, or within thirty (30) days from the date he received notice of said refusal, whichever date shall last occur, or treat the refusal as a denial of final approval and so notify the Planning Board.
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D. Noncompliance with plan for tentative approval
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(1) In the event the plan as submitted for final approval is not in substantial compliance with the plan as given tentative approval, the Planning Board shall, within forty-five (45) days of the date the application for final approval is filed, so notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance
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