Milltown City Zoning Code
§ 34-15.6
Submission of Final Subdivision Plat.
[Ord. No. 919 Art. XI, F]
a.
The applicant shall submit to the Administrative Officer, at least 21 days prior to the public hearing of the Approving Authority, 15 blue- or black-on-white copies of the final plat, together with 15 completed copies of the Standard Development Application form. The Approving Authority 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, the conditions for preliminary approval and the standards prescribed by the Map Filing Law.
b.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute final approval. Whenever review or approval of the application by the County Planning Board is required, the Approving Authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. After its approval, an applicant shall file the final subdivision plan which conform to the Map Filing Law, clearly describing the approved subdivision, with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. It shall also be filed by the applicant with the Middlesex County Clerk within 95 days of such approval; otherwise such approval shall expire, unless the Approving Authority extends the time for filing for an additional period, not to exceed 190 days from the signing of the plat, and the final plan is so filed within such period of time.
c.
Where the final approval contains conditions, if all conditions are not complied with within 180 days from the date of final approval, or within such additional time as the Approving Authority shall allow, the final approval shall lapse.
d.
Effect of Final Approval.
1.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and in the case of a subdivision, has duly recorded the plat as required, the Approving Authority may extend such period of protection by extensions of one year but there shall not be more than three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
2.
In the case of a subdivision for a planned development of 50 acres or more or major conventional subdivision or site development plan for 150 acres or more, the Approving Authority may grant the rights referred to herein for such period of time, longer than two years, as shall be determined by the Approving Authority to be reasonable taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) economic conditions, and (c) the comprehensiveness of the development. The applicant may apply for thereafter, and the Approving Authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Approving Authority to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) the number of dwelling units and nonresidential floor area remaining to be developed, (c) economic conditions, and (d) the comprehensiveness of the development.
3.
Whenever the Approving Authority grants an extension of final approval pursuant to paragraphs 1 or 2 above and final 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.
4.
The Approving Authority shall grant an extension of final approval for a period determined by the 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 these approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of final approval, or (b) 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 Approving Authority from granting an extension pursuant to paragraphs 1 or 2 above.