A.Â
The applicant shall submit 18 copies of the application together with 18 legible prints containing all information required by the checklist in Article 23, together with all appropriate fees as outlined in this chapter, at least two weeks before the date of the regular meeting of the Approving Board at which the application is to be considered. The applicant shall also include 18 copies of as-built plans. In the event the as-built plans cannot yet be prepared, the applicant's bond/guarantee shall include provision for said as-built plans. See § 11-159B(1).
[Amended 6-12-2000 by Ord. No. 00-10; 12-22-2005 by Ord. No. 05-22]
B.Â
The Secretary of the Approving Board shall forward copies of the
plat to the following officials for review and comment, where appropriate:
C.Â
In appropriate cases, the Approving Board shall have the authority
to approve a final major site plan without the necessity of any specific
referrals. The Approving Board shall also have the authority to refer
any plat to other agencies or individuals for comment or recommendations.
A.Â
The Approving Board or its designee shall, within 45 days of the submission of an application for development, make a determination that the application for development is complete or incomplete in accordance with the requirements of the checklist in Article 23 of this chapter. If the Approving Board shall determine that the application is incomplete, the Approving Board or its designee shall advise the applicant or its attorney, in writing, the reasons why the application is incomplete within 45 days of the submission of the application for development. In the event that the Planning Board or its designee does not certify the application to be incomplete or complete within 45 days of the date of submission of an application for development, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time.
B.Â
The applicant may request, in writing, that one or more of the submission
requirements be waived. The applicant shall include the reasons for
said request. The Approving Board or its designee shall grant or deny
the request within 45 days. In the event that the Approving Board
or its designee shall deem the application incomplete in accordance
with the provisions of this section, any resubmissions by the applicant
shall be reviewed and certified to be complete within 45 days of the
submission of those resubmissions.
C.Â
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application. The Approving Board may subsequently
request correction of any material found to be in error, submission
of additional information not specified in this chapter or revisions
of any accompanying documents. The Board may request such information
as is reasonably necessary for it to make an informed decision as
to whether the requirements necessary for approval of an application
for development have been met. The application for development shall
not be deemed incomplete for lack of any such additional information.
The officials and agencies cited in § 11-132B above shall forward their comments and recommendations, in writing, to the Approving Board within 30 days from the receipt of the map.
[1]
Editor's Note: Former § 11-135, Notice of hearing,
was repealed 7-25-2002 by Ord. No. 02-12.
The Approving Board shall approve, conditionally approve or
deny the final major site plan application within 45 days of the determination
by the Approving Board that the application is complete unless the
Approving Board shall extend the period of time within which the Approving
Board may act. Failure of the Approving Board to act within the time
prescribed shall constitute final major site plan approval, and a
certificate of the Administrative Officer as to the failure of the
Approving Board to act shall be issued on request of the applicant,
and it shall be accepted by the county recording officer for purposes
of filing site plan plats. The Approving Board shall include findings
of fact and conclusion based on the testimony and documentary evidence
submitted and shall reduce this determination to writing in accordance
with law.
The Approving Board may require the filing of an amended application
which shall proceed as in the case of the original application for
development. No additional application fee shall be required. Completeness
review shall be at the discretion of the Approving Board. The time
within which the Approving Board shall review the amended application
and make its determination shall commence as of the date of the filing
of the amended plat. If the applicant fails to submit an amended application
within the original time for review authorized by this chapter, the
Approving Board shall be obligated to act on the original application.
If, at the discretion of the Approving Board, the change or changes
are considered minor in nature, the applicant may be given approval
subject to the submission of an amended plan indicating the changes.
The reasons for approval, approval with conditions or disapproval
shall be set forth in the written minutes of the Approving Board,
and the applicant shall be notified, in writing, within 45 days of
said action. A notice of said decision shall be advertised as provided
by this chapter.
For any site plan which requires County Planning Board or other
governmental agency approval, the Approving Board shall condition
its approval upon approval by the County Planning Board or such other
agency. If the Approving Board approves a site plan conditional upon
County Planning Board approval or approval of any other governmental
agency and a substantial change is required in the design, access,
circulation, drainage or improvements, the revised site plan shall
be submitted to the township Approving Board for reapproval.
A.Â
All proposed improvements or development indicated on the approved
site plan map shall meet the requirements of all applicable codes,
ordinances and specifications of the township, county, state or federal
governments and other agencies with jurisdiction over matters pertaining
to site development.
B.Â
The Construction Official and/or the Planning Board Engineer may
authorize minor variations in the final site plan caused by field
conditions and shall notify the Approving Board of such variations.
In the event of a failure to comply with any condition of final
site plan approval, the Construction Official, on his or her own initiative,
may revoke the construction permit or certificate of occupancy, as
the case may be, and seek to enjoin the violation or take such other
steps as permitted by law.
A.Â
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. If the
developer has followed the standards prescribed for final approval,
the Approving Board may extend such period of protection for extensions
of one year, but not to exceed three extensions.
B.Â
In the base of site plans for a planned development of 50 acres or more, conventional 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 Planning Board may grant the rights referred to in Subsection A above of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration:
C.Â
The developer may apply for thereafter and the Planning Board may
thereafter grant an extension of final approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration:
D.Â
Whenever the Approving Board grants an extension of final subdivision approval pursuant to Subsection B or C above and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the extension date. The developer shall apply for the extension either before or after what would otherwise be the expiration date.
E.Â
The Approving Board shall grant an extension of final approval for a period determined by the Approving Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Approving Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. The extension granted pursuant to this section shall not preclude the Approving Board from granting an extension pursuant to Subsections B or C above.
After approval of the preliminary major site plan, copies of
the signed site plan shall be distributed as follows, where appropriate:
