The applicant seeking preliminary major sub-division or preliminary major site plan approval shall submit to the Administrative Officer 15 copies of the materials stipulated in Section 22-12 of this chapter.

The application shall be declared complete within a 45 day period from the date of its submission according to the provisions of subsection 22-4.3c of this chapter.

The application for major subdivision or major site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-7D is required, to the Zoning Board of Adjustment.

A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within 95 days of the date of such submissions, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Municipal Agency shall be deemed to have granted preliminary subdivision or site plan approval.

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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

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 subdivision plat or site plan, as the case may be; and

That the applicant may apply for and the Planning Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in paragraphs a, b, and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration: (a) the number of dwelling units and no residential floor area permissible under preliminary approval; (b) economic conditions; and (c) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning 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 and improvement standards have been revised, such revised standards may govern.

Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 22-10.

An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the administrative officer or other designee, 15 copies of the materials specified in Section 22-12 of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Section 22-10 of this chapter.

The application for final subdivision or site plan approval shall be declared complete within a 45 day period from the date of its submission according to the provisions of subsection 22-4.6c, 3 of this section.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the Municipal Agency to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purpose of filing subdivision plats.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Municipal Agency unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Municipal Agency may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the Chairman and Secretary of the Municipal Agency of a certificate has been issued. The signatures of the Chairman and Secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Section 22-10 of this chapter.

Prior to the signing of the final plans, the issuance of any construction permits or the start of any construction, the applicant shall submit one standard AutoCAD .DWG or .DXF file copy (on a CD, DVD or other recordable media) of the final layout plan and/or final plat. The AutoCAD file shall be used for municipal purposes only. The file shall include the following minimum information:

The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval 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 major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Municipal Agency may extend such period of protection for extensions of one year, but not to exceed three extensions.

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 Municipal Agency may grant the rights referred to in paragraph a of this subsection for such period of time, longer than two years, as shall be determined by the Municipal Agency 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 developer may apply for and the Municipal Agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Municipal Agency to be reasonable taking into consideration: (1) the number of dwelling units and non-residential floor area permissible under final approval; (2) the number of dwelling units conditions; and (3) the comprehensiveness of the development.