Milltown City Zoning Code
§ 34-15.11
Submission of Final Site Plan.
[Ord. No. 919 Art. XI, K]
a.
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority 15 blue- or black-on-white copies of the final site plan; 15 completed copies of the Standard Development Application form; three completed copies of the final site plan checklist; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
b.
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
c.
The Approving Authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval established by this section for 1. final approval, 2. the conditions for preliminary approval, and 3. the standards prescribed by the Map Filing Law.
d.
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 thereon within the required time period.
e.
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.
f.
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 on which the resolution of final approval is adopted. If the applicant has followed the standards prescribed for final approval, the Approving Authority may extend such period of protection by extensions of one year provided there not be more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for that section of the subdivision that has been granted final approval.
2.
In the case of a site plan for a planned development of 50 acres or more, site plan for 150 acres or more, or a site plan for development of a nonresidential floor area of 200,000 square feet 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: (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.
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 Board 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 Planning Board from granting an extension pursuant to paragraphs 1 or 2 above.