A.
Except as provided herein, no building or zoning permit and/or certificate
of occupancy shall be issued for a building, structure or use or any
enlargement, expansion or change of use or change of tenancy unless
a site plan is first submitted and approved by the approving authority.
B.
No certificate of occupancy shall be given unless all construction
and conditions conform to the site plan as approved, unless conditionally
approved by the approving authority as provided herein.
[Amended 12-26-1996 by Ord. No. 96-22]
A.
Site plan review shall not be required for single- and two-family
dwellings or such accessory uses as private garages, toolhouse, garden
and private greenhouses, swimming pools and other similar uses incidental
to a single- or two-family detached dwelling or for similar improvements
as accessory uses to a principal use.
B.
Site plan approval shall not be required where:
(1)
Minor repairs and alterations to the interior of the building do
not involve structural change or enlargement of the building, as determined
by the Construction Officer.
(2)
Renovations or alterations to the exterior design of a building or
structure which does not involve any enlargement of the building or
major structural change, as determined by the Construction Official.
C.
Except as provided herein, all construction, reconstruction, alteration
or enlargement of a building or structure or change in use (whether
to a permitted use, the same use or different permitted use), change
in tenancy, change in ownership or lot shall require site plan approval.
D.
Any determination by the Construction Official that site plan approval
is not required pursuant to this section shall be set forth in writing
by the Construction Officer, with copies of said letter filed with
the applicant and the administrative officer.
E.
Upon referral by the Construction Official and at its discretion,
the approving authority for site plan approval, anything herein notwithstanding,
where in the authority's judgment the construction, reconstruction,
alteration, change of tenancy, change of use or change of ownership
(whether to a permitted use, the same use or different permitted use)
will not significantly affect traffic, water supply, sewerage disposal,
drainage, landscaping, signs, lighting, off-street parking or loading
or the lack of any or all of these factors, environmental factors
and other considerations as specified in this chapter may waive the
submission of formal site plan approval. The waiver of such formal
submission of site plan review may be subject to appropriate conditions,
and any such waiver decision shall be reduced to writing in the same
manner as other land use decisions are rendered. The cost of any such
waiver procedure shall be borne by the applicant in accordance with
the applicable fee schedule.
If any application submitted by a developer meets the definition
of "minor site plan" as hereinabove set forth, any approval given
by the approving authority shall be deemed to be final approval of
the site plan, provided that the approving authority or a subcommittee
thereof may condition such approval on terms ensuring the provision
of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41
and 40:55D-53.
A.
Minor site plan approval shall be granted or denied within 45 days
of the date of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute minor site plan approval.
B.
Whenever review or approval of the application by the County Planning
Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6),
the Municipal Planning 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.
C.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted shall not be changed for a period of two years after the date
of minor site plan approval.
A.
Applications shall be submitted to the administrative officer in writing on 18 forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided for in § 330-9B, shall be submitted with the application form.
B.
The approving authority shall accept simultaneous applications for
preliminary and final site plan approval where so requested by the
applicant, provided that all of the conditions, requirements and safeguards
established for preliminary and final site plan approval are adhered
to.
A.
Preliminary site plan review.
(1)
The applicant shall submit the preliminary site plan application
and 18 copies of plat maps and payment of all required fees to the
administrative officer, who shall submit copies of the preliminary
plat to the following:
(a)
The approving authority attorney.
(b)
The Borough Engineer.
(c)
The Planning Consultant.
(d)
The Construction Official.
(e)
The Board of Health.
(f)
The Fire Protection Subcode Official.
(g)
The Police Department.
(h)
The Department of Public Works.
(i)
Other municipal officials and agencies, as directed by the approving
authority.
(2)
Said professionals and boards shall make recommendations to the approving
authority, in writing, within 35 days of the application submission.
The approving authority shall take said recommendations into account
but shall have the authority to proceed in the absence of such recommendations
which are not essential to its determination.
(3)
If the preliminary site plan is found to be incomplete, the applicant
shall be notified thereof within 45 days of the date of submission
or it shall be deemed to be perfected as to content.
(4)
Where adjustments or changes are required in the site plan submission,
the applicant shall be required to modify the plat in order to qualify
as a perfected and complete application as to content and for public
hearing purposes.
B.
County Planning Board and other governmental agency approvals.
(1)
Any site plan application requiring County Planning Board or other
governmental agency approvals shall be submitted by the applicant
to the Bergen County Planning Board or other governmental agency for
review and approval. The approving authority may condition any approval
that it may grant upon the timely receipt of a favorable report on
the application by the County Planning Board or other governmental
agency or by its failure to report thereon within the required time
period.
(2)
A preliminary site plan requiring County Planning Board or other
governmental approval which may not have been received at the time
of the public hearing in the community shall require the public hearing
to be continued until such time as the required reports are received
or by the failure to report thereon within the required time period.
D.
Public hearings. Upon submission of a perfected application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 330-9C for public hearings.
E.
Time period in which to act.
(1)
The approving authority shall grant, condition or deny preliminary
site plan approval within 45 days of receipt of a perfected and complete
application for a site plan of 10 acres or less or 10 dwelling units
or fewer or within 95 days of submission of a perfected and complete
application for a site plan of more than 10 dwelling units or within
such further time as may be consented to by the applicant for both
classes of site plans.
(2)
Failure of the approving authority to act within the prescribed time
periods or to obtain an extension from the applicant shall be deemed
to be preliminary approval of the site plan.
(3)
Preliminary approval of a site plan shall confer the following rights
for a three-year period from the date of the preliminary approval:
(a)
The general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layouts and design standards for streets, curbs and
sidewalks, lot size, yard dimensions and on-tract and off-tract improvements
and any requirements peculiar to the specific site plan. The municipality
may modify by ordinance such general terms and conditions of preliminary
approval as may relate to public health and safety, provided that
such modifications are in accord with amendments adopted by ordinance
subsequent to approval.
(b)
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 site plan.
(c)
The applicant may apply for and the approving authority may
grant extension on such preliminary approval for an additional period
of one year but not to exceed a total extension of two years, provided
that, if the design standards have been revised by ordinance, such
revised standards may govern.
(d)
In the case of the site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection E(3)(a), (b) and (c) above for such a time period longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
(4)
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
A.
Filing for final site plan approval. An original and 17 copies of an application shall be submitted to the administrative officer on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided in § 330-9B, shall be submitted with the application form.
B.
Final site plan review.
(1)
The applicant shall submit the final site plan application and 18
copies of the plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the plat to the following:
(a)
The Borough Engineer.
(b)
The Board of Health.
(c)
The Planning Consultant.
(d)
The Department of Public Works.
(e)
The approving authority attorney.
(f)
The Fire Protection Subcode Official.
(g)
The Borough Clerk.
(h)
The Police Department.
(i)
The Construction Official.
(j)
The Recycling Coordinator.
(2)
Said professionals and boards shall make recommendations to the approving
authority, in writing, within 30 days of the application submission.
The approving authority shall take said recommendations into account
but shall have the authority to proceed in the absence of such recommendations
if the approving authority finds such recommendations not to be essential
to its determination.
(3)
The approving authority shall review the application for final site
plan approval, with or without conditions, provided that the following
requirements have been met:
(a)
The detailed drawings, specifications and estimates meet all
applicable codes and ordinances.
(b)
The final plans are substantially the same as the approved preliminary
site plan and conditions governing the same.
(c)
All improvements have been installed or bonds posted to ensure
the installation of improvements.
(d)
The applicant agrees, in writing, to all conditions of final
approval.
(e)
Proof has been submitted that no taxes or assessments for local
improvements are due or delinquent for which final site plan approval
is sought.
(f)
All applicable fees have been paid prior to any final action
by the approving authority.
(g)
Requirements of other governmental units have been complied
with.
C.
County Planning Board and other governmental agency approval. Whenever
review or approval is required by the Bergen County Planning Board
or by other governmental agencies, a final site plan application shall
be submitted by the applicant for review and approval. The approving
authority shall condition any approval that it may grant upon the
timely receipt of a favorable report on the application by the County
Planning Board or other governmental agency or by its failure to report
thereon within the required time period.
D.
Time period in which to act.
(1)
The approving authority shall grant, condition or deny final site
plan approval within 45 days of receipt of a perfected and complete
site plan application or within such further time as may be consented
to by the applicant.
(2)
Failure of the approving authority to act within the prescribed time
period or to obtain an extension from the applicant, in writing, shall
constitute final approval, and a certificate of the administrative
officer as to the failure of the approving authority 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.
E.
Final site plan approval. Upon approval of the site development plan and upon compliance with all conditions, the Engineer and the chairman and the secretary of the approving authority shall be authorized to sign the plan, and the secretary shall affix the seal of the board. The applicant shall supply to the approving authority 12 prints for its records. A print shall be forwarded to each of the professionals and boards identified in Subsection B of this section.
F.
Effect of final site plan approval.
(1)
Final approval shall terminate the time period of preliminary approval
for the section granted final approval and shall guarantee the applicant
that the zoning requirements applicable to the preliminary approval
and all other rights conferred upon the applicant as part of preliminary
approval shall not be changed for a period of two years after the
date of final approval.
(2)
Said approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The approving authority may extend final approval and the protection offered under § 330-21E of this article for one year. Up to three such extensions may be granted.
(3)
In the case of a site plan for a planned development of 50 acres
or more, a conventional site plan for 150 acres or more, or site plans
for development of a nonresidential floor area of 200,000 square feet
or more, the approving authority may extend the rights granted under
final approval for such period of time longer than two years as shall
be determined by the approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, economic conditions and
the comprehensiveness of the development. The applicant may apply
for thereafter and the approving authority may thereafter grant an
extension of final approval for such additional period of time as
shall be determined by the approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
(4)
The approving authority may, as a condition of final approval:
(a)
Grant final approval only for designated geographic sections
of the development.
(b)
Grant final approval for certain work but require submission
for final approval for designated elements such as, but not limited
to, landscaping, signs, street furniture, etc., and require approval
of these elements as a prerequisite for a certificate of occupancy
or zoning permit.
(c)
Condition the granting of a certificate of occupancy or zoning
variance subject to the applicant or developer or subsequent heirs
or assignees meeting certain requirements within a designated period
of time, not to exceed one year from the date of issuance of the certificate
of occupancy or zoning variance. This may include, but is not limited
to, the installation of improvements, reevaluation of circulation
patterns, etc.
Amended site plan applications shall be filed with the approving
authority and shall be considered at the next regular meeting date
of the approving authority, provided that the amended application
is received no less than 14 days before said meeting date and said
amendments are minor in nature.
A.
All proposed improvements of development indicated on the approved
site plan shall meet the requirements of all applicable codes, ordinances
and specifications of the community, county, state or federal governments
and other agencies with jurisdiction over matters pertaining to site
development.
B.
It shall be the joint responsibility of the Engineer and the Construction
Official to enforce their respective rules and regulations to ensure
compliance with the site plan approval map and other specified conditions
as may be imposed on the development.
The site plan, as approved by the approving authority, shall
be binding upon the applicant. Any changes from the approved plan
shall require resubmission and reapproval by the approving authority.
In the event of a failure to comply with any condition of site
plan approval, the Construction Official, on his own initiative or
upon recommendation from the Engineer, may revoke the building 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.
