Upon receipt of the application for site plan review together with the accompanying exhibits, as required by this chapter, the secretary of the reviewing board shall distribute the site plan application and accompanying documents to the following for their review and report to the reviewing board

a. To the township planning consultant

b. To the township engineer.

c. To the township board of health (where required)

d. To such other municipal, county or State officials, as directed by the reviewing board

a Upon the submission to the secretary to the planning board of a complete application for a site plan for ten acres of land or less, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for a relief pursuant to RS 40 55D-60, the planning board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the secretary of the planning board, or within such further time as may be consented to by the applicant

b Upon the submission of a complete application for a site plan of more than ten acres, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant

c. Upon the submission to the secretary of the board of adjustment of a complete application for site plan approval pursuant to RS 40 55D-75b, the board of adjustment shall grant or deny preliminary approval of the application within 120 days of the date of such submission or within such further time as may be consented to by the applicant

d. Failure of the reviewing board to reach a decision within the specified time periods or extension thereof shall result in the approval of the site plan as submitted.

e If the reviewing board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development The reviewing board shall, if the proposed development complies with this chapter grant preliminary site plan approval

f. Nothing herein shall be construed to limit the right of a developer to submit a sketch plan to the reviewing board for informal review, and neither the reviewing board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plan and the time for the reviewing board's decision shall not begin to run until the submission of a complete application

After a hearing, as required by RS 40 55D-10, the reviewing board shall

a Grant preliminary site plan approval, if the proposed development complies with the requirements of this chapter

b If the site plan is denied, such denial shall be noted on the preliminary site plan

c The reviewing board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval in this chapter where the literal enforcement of one or more provisions of the chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question, or relating to the proposed use

d If the reviewing board acts favorably on the preliminary site plan, the chairman and secretary shall affix their signatures to the site plan

e The reviewing board shall, by resolution, set forth its findings of fact and conclusions of law in support of the action taken.

The secretary of the reviewing board, approving a preliminary site plan, shall cause two full sets of such site plan, together with a copy of the application, to be certified on each page with the following information showing the date of approval, the file number and the chairman and secretary signatures One set shall be forwarded to the applicant and one set shall be retained in the official files of the reviewing board,

Under Preliminary Approval Preliminary approval of a site plan, except as provided in subsection 16-9.4, shall confer upon the applicant the following rights for a three year period from the date of the preliminary approval

a That 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, natural resources to be preserved on the site, vehicular and pedestrian circulation, parking and loading, screening, landscaping and location of structures, exterior lighting both for safety reasons and street lighting, 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 the public health and safety

b That 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. No application for final approval will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a site plan, except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the Governing Body or to a Court of competent jurisdiction, until a determination in any manner of such appeal or proceeding.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2005-

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c That the applicant may apply for and the reviewing board 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

d. In the case of a site plan for a area of 50 acres or more, the reviewing board may grant the rights referred to in subsections a, b, and c above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.

The reviewing board shall grant or deny final approval within 45 days after submission of a complete application to the township clerk or within such further time as may be consented to by the applicant Failure of the reviewing board to act within the period prescribed shall constitute final approval and a certification of the board secretary as to the failure of the reviewing board to act, shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval

a The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval and the conditions of preliminary approval have been met, provided that in the case of a planned development, the reviewing board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval

b If final approval is denied, a notice to the effect shall be made on the site plan.

c If the reviewing board grants final approval on the final site plan, the chairman and secretary shall affix their signatures to the site plan

d The reviewing board shall, by resolution, set forth its findings of fact and conclusions of law in support of the action taken

The secretary of the reviewing board approving a final site plan shall cause three full sets of such site plan together with a copy of the application, to be certified on each page with the following information, showing the date of approval, the file number and the chairman and secretary signatures One set shall be forwarded to the applicant, one to the zoning enforcement official for his use and one set shall be retained in the official files of the reviewing board

a The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 16-9 2, whether conditionally or otherwise, shall not be changed for a period of two years after the final approval If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year but not to exceed three extensions Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to section 16-9 2 for the section granted final approval

b In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant the rights referred to in subsection 16-9 9a for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development The developer may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development