§ 200-120. Notice of completion of section of development; notice by municipality of nonfulfillment; hearing; termination of approval; causes.

A. 

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the Township Clerk, by certified mail, as evidence that the developer has fulfilled the developer's 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 P.L. 1975, c. 217 (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 the time required in the Planning Board's approval of the general development plan, or if at any time the Township has cause to believe that the developer is not fulfilling said developer's obligations pursuant to the approved plan, the Township may notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that the developer is fulfilling his or her obligations pursuant to the approved plan. The Township, upon advice and recommendation of the Planning Board, 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 the 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 and the municipality in negotiating the development agreement pursuant to § 200-115, Subsections K and L, respectively, 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 municipality shall not have cause to terminate the general development plan approval as long as the timing schedule and the development agreement allowing section by section preliminary approvals subsequent to the five-year period are being met.