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Rockaway Township City Zoning Code

§ 54-21.12

Final major site plans and final major subdivisions.

[Ord. No. 95-24 § 54-52]
In addition to the procedures for filing, completeness determination and review provided by this section, the following provisions shall apply to final major site plans and final major subdivisions:
A. 
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law."
B. 
In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by a 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.
C. 
Final approval of a major subdivision shall expire 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 Board may for good cause shown extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat.
D. 
The Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Board 1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and 2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board.
E. 
The developer may apply for a filing extension either before or after the original expiration date.
F. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer by preliminary approval, 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, provided that in the case of a major subdivision the rights conferred herein shall expire if the plat has not been duly recorded within the time period provided above.
G. 
Notwithstanding any other provisions of this chapter, the granting of final approval to the development or section of the development terminates the time period of protection for the preliminary approval granted to the same development or section of the development.
H. 
If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required above, the Board may extend such period of protection for extensions of one year, but not to exceed three extensions.
I. 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in paragraph F above for such period of time, longer than two years, as shall be determined by the 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the 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) comprehensiveness of the development.
J. 
The developer may apply for an extension either before or after what would otherwise be the expiration date. Whenever the Board grants an extension of final approval pursuant to paragraph G or H above and the 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.