§211-113 8 Status of plan after tentative approval.

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.

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.

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

§211-113.9. Application for final approval.

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.

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

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.

D. Noncompliance with plan for tentative approval

(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



(2) The landowner may:

(a) Treat said notification as a denial of final approval, or

(b) Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or

(c) File a written request with the Planning Board that it hold a public hearing on his application for final approval.

(3) If the landowner shall elect either alternative (b) or (c) above, he may refile his plan or file a request for a public hearing, as the case may be, 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 thirty (30) days from the date he received notice of said refusal, whichever date shall last occur Any such public hearing shall be held within thirty (30) days after request for the hearing is made by the landowner, and notice thereof shall be given and the hearing shall be conducted in the manner prescribed in § 211-113 7E of this Article Within forty-five (45) days after the conclusion of the hearing, the Planning Board shall by resolution either grant final approval to the plan or deny final approval to the plan The grant or denial of final approval of the plan shall, in cases axising under this Subsection D, be in the form and contain the findings required for a resolution on an application for tentative approved set forth in § 211-113.7G of this Article.

E. In the event the Planning Board fails to act, either by grant or denial of final approval of the plan within the time prescribed, the landowner may, after twenty (20) days' written notice to the Planning Board, file a complaint in the Superior Court, Law Division. Upon showing that the Planning Board has failed to act either within the time prescribed, or subsequent to the receipt of the written notice provided for in this Subsection E and that the landowner has complied with the procedures set forth in this section of this Article, the plan shall be deemed to have been finally approved, and the court shall, upon a summary proceeding, enter an order directing the County Clerk to record the plan as submitted for final approval without the approval of the Planning Board A plan so recorded shall have the same force and effect as though that plan had been given final approval by the Planning Board

F. A plan, or any part thereof, which has been given final approval by the Planning Board shall be so certified without delay by the Township Clerk and shall be filed of record forthwith in the office of the County Clerk before any development shall take place in accordance therewith. Upon the filing of record of the plan all other ordinances and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion within five (5) years of said planned unit development or of that part thereof, as the case may be, that has been finally approved, no modifications of the provisions of said plan, or part thereof, as finally approved shall be made nor shall it be impaired by act of the township except with the consent of the landowner

G. In the event that a plan, or a section thereof, is given final approval and thereafter the landowner shall abandon said plan or the section thereof that has been finally approved and shall so notify the Planning Board in writing, or in the event the landowner shall fail to commence the planned unit development within eighteen (18) months after final approval has been granted, then and in that event, such final approval shall terminate and be deemed null and void unless such time period is extended by the Planning Board upon written application of the landowner

§211-113.10. Severability; conflict with certain provisions.

A. If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Article. The township governing body hereby declares that it would have passed the Article and each section and subsection thereof irrespective of the fact that any one (1) or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.

B. Should any section of this Article be in conflict with the provisions of the Municipal Planned Unit Development Act (1967), this Article shall be interpreted so as to be consistent with the Municipal Planned Unit Development Act (1967).