a. Applications for approval of a final plat shall be submitted to the Central Planning Board by the developer within three (3) years following the date of preliminary approval. The final subdivision plat submission requirements shall be the same as required for the preliminary subdivision plat requirements under Chapter 5 of this Title. The Central Planning Board shall grant or deny final approval within forty-five (45) days of the date of submission by the developer or within such further time as may be consented to by the developer.

b. The final plat shall conform to the preliminary plat as given tentative approval, except that it may consist of one section of the whole.

c. In the case of Planned Unit Development, Planned Unit Residential Development, or Residential Cluster the Central Planning Board may permit deviations from the conditions of the approved preliminary plat if there has been a change of conditions beyond the control of the developer without requiring the developer to submit another application for final approval.

d. The final plat shall be accompanied by a written statement by the Director of the Department of Engineering that he/she has received a map showing all improvements, both proposed and existing, in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with either or both of the following requirements:

1. Installed all improvements in accordance with the requirements of this section and/or Chapter 8 of this Title.

2. Posted a performance guarantee with the Central Planning Board, in an amount determined by the Director of the Department of Engineering to assure the completion of all required improvements.

e. If the Central Planning Board approves the final plat, a statement to that effect shall be made on the plat and it shall be signed by the Chairperson and the Secretary to the Board. Failure of either Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary to the Board as to the failure of the Central Planning Board to act shall be issued on request of the applicant.

f. Whenever County approval is required for a subdivision, the Central Planning Board shall condition its approval upon timely receipt of approval by the County Planning Board or approval by its failure to act within the prescribed time period.

(Ord. 6 S+FB, 2-17-82 § 6.1)

Before consideration of a final subdivision plat, the Central Planning Board shall require the posting of adequate performance guarantees to insure the installation of the improvements required by the Central Planning Board pursuant to Chapter 8 of this Title or the developer shall have installed the improvements. The Central Planning Board shall also require the posting of adequate maintenance guarantees. (Ord. 6 S+FB, 2-17-82 § 6.2)

a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, pursuant to N.J.S. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of three (3) years after the date of final approval. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the Essex County Recording Officer, Director of the Department of Engineering and the Tax Assessor of the City of Newark, N.J.

The Central Planning Board may for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. Upon satisfying filing requirements and the standards for final approval, the Central Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions.

b. In the case of a subdivision for planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, the Central Planning Board may grant the rights referred to in N.J.S. 40:55D-52a for such period of time, longer than two (2) years, as shall be determined by the Central Planning Board, to be reasonable, taking into consideration (1) number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development.

(Ord. 6 S+FB, 2-17-82 § 6.3)

The developer may apply for thereafter and the Central Planning Board may thereafter grant an extension of final approval for such period of time as may be determined by the Central Planning Board to be reasonable, taking into consideration (1) the 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) the economic conditions and (4) the comprehensiveness of the development. (Ord. 6 S+FB, 217-82 §6.4)

a. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Central Planning Board may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

b. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Central Planning Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Central Planning Board or a certificate has been issued pursuant to N.J.S. 40:55D, Sections 35, 38, 44, 48, 54 or 63 of the Municipal Land Use Law. The signatures of the Chairperson and Secretary of the Central Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to N.J.S., 40:55D, Section 41 of the Municipal Land Use Law. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

c. It shall be the duty of the County Recording Officer to notify the Central Planning Board in writing seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

(Ord. 6 S+FB, 2-17-82 § 6.5)

a. The prospective purchaser, prospective mortgages, or any other person interested in any land which forms part of a subdivision, or which formed part of a subdivision three (3) years preceding the effective date of N.J.S. 40:55D-1 et seq. may apply in writing to the Secretary to the Central Planning Board for the issuance of a certificate attesting whether or not such subdivision has been approved. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof

b. The Secretary to the Central Planning Board shall make, and issue such certificate within fifteen (15) days after receipt of such written application and the fee of three ($3.00) dollars. The Secretary to the Central Planning Board shall keep a duplicate copy of each certificate consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in his/her office.

c. Each certificate shall be designated a "CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND" and shall certify:

1. Whether there exists in the municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S. 40:55D-37.

2. Whether the subdivision, as it relates to the land shown in the application, has been approved by the Central Planning Board and, if so, the data of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

3. Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.

d. The fees collected by the Secretary to the Central Planning Board shall be paid by the applicant to the City of Newark. (Ord. 6 S+FB, 2-17-82 § 6.6)

a. Any person who shall acquire for a valuable consideration an interest in the land covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of Section 43, N.J.S. 40:55D-55.

b. If the Secretary to the Central Planning Board fails to issue such certificate within fifteen (15) days after receipt of an application and the proper fee, any person acquiring an interest in the land described in such application shall hold any interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to Section 43, N.J.S. 40:55D-55.

c. Any such application addressed to the Secretary to the Central Planning Board shall be deemed to be addressed to the proper designated officer and the municipality shall be found thereby to the same extent as though the same was addressed to the designated official.

(Ord. 6 S+FB, 2-17-82 § 6.7)