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South Toms River City Zoning Code

§ 26-35.10

Application for Final Approval.

[1975 Code § 13-22.10]
a. 
Application for final approval shall be made to the Secretary of the Land Use Board with a copy of the application being filed with the Borough Clerk.
b. 
An application for final approval may be for all the land included in a plan or, to the extent set forth in the tentative approval, for a section thereof. The application shall be made to the Borough Clerk and within the time specified by the resolution granting tentative approval.
c. 
The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth by written resolution of the municipal authorities or accepted at the time or required by or as a result of tentative approval. A public hearing on an application for final approval of the plan, or part thereof, shall not be required provided the plan, or the part thereof submitted for final approval, is in substantial compliance with the plan therefor given tentative approval.
d. 
A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval provided any modification by the applicant of the plan as tentatively approved does not:
1. 
Vary the proposed growth residential density or intensity of use by more than 5%; or a percentage deemed appropriate by the Land Use Board;
2. 
Involve a reduction of the area set aside for common open space or the substantial relocation of such area;
3. 
Increase by more than 10% the floor area proposed for nonresidential use;
4. 
Increase by more than 10% the floor areas covered by buildings or involve a substantial change in the height of buildings. A public hearing shall not be held to consider modifications in the locations and design of streets or facilities for water and for disposal of stormwater and sanitary sewerage.
e. 
A public hearing shall not be held on an application for final approval of a plan when the plan as submitted for final approval is in substantial compliance with the plan as tentatively approved. The burden shall nevertheless be upon the applicant to show the Land Use Board good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval.