a. The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the City Engineer and City Planner sixteen (16) copies of the materials stipulated in Section 33-11 of this chapter.

b. The application shall be declared completed within a forty-five (45) day period from the date of its submission according to the provisions of subsection 33-4.7 of this chapter.

c. The Subdivision and Site Plan Committee if established shall review the application and shall comment and make recommendations to the Planning Board. (Ord. No. O-01-46 § 32-6.1)

a. Time Period for Action by Board. A complete application for a subdivision of ten (10) or fewer lots, or for a site plan of ten (10) acres of land or less or ten (10) dwelling units or less, shall be acted upon within forty-five (45) days of the date of such submission, or one hundred twenty (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 ten (10) lots, or a site plan that involves more ten (10) acres of land or more than ten (10) dwelling units, shall be acted upon within ninety-five (95) days of the date of such submission, or one hundred twenty (120) days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary subdivision or site plan approval.

b. Approval Requirements.

Board approval of the subdivision and/or site plan shall be granted upon a finding that the plan complies with the following:

1. That the applicant has submitted a plan containing all of the information and data as provided for in this chapter.

2. That the details of the plat are in accord with the standards of this chapter and of all ordinances of the City, including the Master Plan as may be in existence at the time of the application.

3. That all parking and traffic problems shall be reasonably resolved and that all parking areas shall provide for the safe passage of traffic.

4. That adequate provisions are made so as to prevent any surface and subsurface drainage problems.

5. That the location, power, direction, and time of any outdoor lighting will not have an adverse impact upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.

6. That the details of the plat for the authorized use will be such that the operation will not be detrimental to the public interest.

7. That there is adequate landscaping to complement the site and buffer it from adjoining uses.

8. That adequate and suitable water supply, sewerage and electrical facilities are available for the proposed use.

c. Approval by County Planning Board.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(Ord. No. O-01-46 § 32-6.2)

Preliminary approval of a major subdivision and site plan shall, except as provided in paragraph d. of this subsection, confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:

a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements, lot sizes, yard dimensions and off-tract improvements, and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the City from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

b. 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;

c. That the applicant may apply for and the Planning Board may grant extension on such preliminary approval for additional periods of a least one (1) year but not to exceed a total extension of two (2) years, provided that if the design and improvement standards have been revised by ordinance, such revised standards may govern;

d. In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in paragraphs a, b. and c. above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration (a) the number of dwelling units and nonresidential 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 (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (c) economic conditions, and (d) the comprehensiveness of the development, provided that if the design and improvement standards have been revised, such revised standards may govern;

e. Where a developer plans to install the site improvements prior to final approval, the developer may submit the engineering plans and specifications for the improvements to the City Engineer, who shall approve them with thirty-five (35) days. In the event of a denial, the specific reasons must be enumerated in a letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within twenty (20) days with the same requirement as previously imposed for a denial. The developer shall be required to furnish a restoration bond for one hundred twenty (120%) percent of the maximum cost of restoring the site in the event that the improvements are not complete within two (2) 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 be a security bond, a letter of credit, or an escrow account in accordance with Section 33-9, and with the provisions of this section. In addition, the type, form, and amount of the bond are subject to the approval of the City Engineer and the Corporation Counsel.

(Ord. No. O-01-46 § 32-6.3; Ord. No. O-09-28 § 2)

a. Application. An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the City Engineer and City Planner, or their designees, sixteen (16) copies of the materials specified in Section 33-11 of this chapter Unless the preliminary plan was approved without changes, the final plan shall have incorporated all changes or modifications required by the Board. The final plan shall also be accompanied by a statement from the City Engineer that the municipality is in receipt of as-built plans showing all improvements 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 33-9 of this chapter.

b. Completeness. The application for final subdivision or site plan approval shall be declared complete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 33-4.7 of this chapter.

c. Time for Board Action. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the City Engineer and City Planner, or their designees, or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the City Engineer and City Planner as to the failure of the Board 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 purposes of filing subdivision plats.

(Ord. No. O-01-46 § 32-6.4)

a. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plan by the Chairman and Secretary of the Board unless within such period that plan shall have been duly filed by the developer with the County Recording Officer. The Board may for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plan.

b. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Section 33-9 of this chapter.

(Ord. No. O-01-46 § 32-6.5)

a. 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 (2) 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 Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions.

b. In the case of a subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Board may grant the rights referred to in subsection (a) for such period of time, longer than two (2) years, as shall be determined by the Board to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) economic condition, and (c) 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 (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) the number of dwelling units and nonresidential floor area remaining to be developed, (c) economic conditions, and (d) the comprehensiveness of the development.

(Ord. No. O-01-46 § 32-6.6)

All developers shall enter into a developer's agreement upon such terms and conditions as approved by the Corporation Counsel, City Engineer and City Planner.

(Ord. No. O-03-10 § 1; Ord. No. O-09-28 § 2)