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Toms River City Zoning Code

§ 348-13.9

Notice of completion of section of development; notice by municipality of nonfulfillment; hearing, termination of approval; causes.

A. 
Upon completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of the State Uniform Construction Code (N.J.S.A. 52:27D-133). If the Township does not receive such notification at the completion of any section of the development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
B. 
If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
C. 
In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval. However, the Planning Board in establishing the timing schedule pursuant to § 348-13.4K, and the Township in negotiating a developer's agreement relating to the planned development in accordance with § 348-13.4L, may allow for preliminary approval for section(s) of the planned development to be applied for subsequent to five years of the date upon which the general development plan has been approved by the Planning Board; in which case, the Township shall not have cause to terminate the general development plan approval as long as the developer shall fulfill his obligations under the approved plan.