All site plans shall be reviewed, except as
noted herein, in two stages: preliminary and final. It is the objective
of this two-stage process to enable the Board and applicant to arrive
at a suitable design as early and as economically as possible. Most
intensive review shall take place at the preliminary stage.
A.
Map details. All maps or other documents submitted
for site plan review shall contain the following:
(1)
Title and location of the property.
(2)
Name and address of landowner and applicant. If a
corporation is the landowner or applicant, the principal office and
name of the president and secretary shall be included.
(3)
Name, address and professional license number and
seal of the professional preparing documents and drawings. All plans
shall be prepared, signed and sealed by a licensed professional engineer
or architect.
(4)
Place for signature of the chairman and secretary
of the Planning Board.
(5)
Date of plan and any modification thereto.
(6)
The following legends shall be on the site plan map:
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SITE PLAN OF...............................................................
LOT................ BLOCK................ ZONE.......................
DATE................................... SCALE.............................
APPLICANT..................................................................
ADDRESS......................................................................
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I CONSENT TO THE FILING OF THIS SITE PLAN WITH
THE PLANNING BOARD OF................... (Owner)..........................
(Date).....................
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I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE
PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT. (Name).......................
(Title and License No.)...................
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I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT
IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION. (Date).................
(Borough Engineer)......................
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To be signed before issuance of a building permit:
I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED
OR A BOND POSTED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.
[If Improvements Installed] (Borough Eng.)..............................
(Date)................................
[If Bond Posted] (Borough Clerk)...................................
(Date)................................
Building Permit Issued........................(Date).......................
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APPROVED BY THE PLANNING BOARD
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(Preliminary...................) (Final........................)
(Chairman)..................... (Date).......................
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B.
Other information. The Planning Board may require
other information and data for specific site plans. This data may
include but is not limited to geologic information, water yields,
flood data, environmental information, traffic counts, road capacities,
market information and similar material.
C.
Compliance with other ordinances. Information and
documents required for other Borough codes and ordinances, such as
environmental impact statements, soil erosion and sedimentation plans
and stormwater management plans, shall be submitted as part of site
plan approval and may be used to comply with site plan submission
requirements for particular stages as applicable.
D.
Submittal and classification procedure.
(1)
The applicant shall submit sufficient copies of all required exhibits, as set forth under the appropriate site plan review stage of this section, together with an application form and all applicable fees to the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed by certified mail by the Secretary of the Planning Board, through the office of the Borough Clerk, within 45 days of the actual submission of the application, that it is incomplete, said application shall be deemed complete as of the date it was received by the Secretary of the Planning Board. The Secretary of the Planning Board, through the office of the Borough Clerk, shall forward upon receipt one copy each of an application to the Zoning Officer and Borough Engineer for their determinations as stipulated in Subsection D(2) and (3), as may be appropriate. Both the Zoning Officer and the Borough Engineer shall report back to the Planning Board Secretary within seven days of receipt whether the application is complete or noting items omitted or ordinances violated, for forwarding to the applicant. If the application is complete, the Planning Board Secretary, through the office of the Borough Clerk, shall distribute copies as stipulated within this chapter for the appropriate site plan review stage.
(2)
Upon receipt of an application, the Zoning Officer
and Borough Engineer shall review all documents for completeness and
compliance with detailed requirements for submission as stipulated
under the appropriate site plan review stage of this chapter, as well
as their compliance with applicable codes and ordinances.
(3)
The Zoning Officer shall also determine whether the
Planning Board or Zoning Board of Adjustment has approval jurisdiction
on the application. The Zoning Officer may confer with the Borough
Attorney in making this determination.
A.
Objectives of review. The preliminary plan shall be
reviewed to determine the acceptability of the detailed design concept
and shall be in sufficient detail to enable the Board to ascertain
compliance with the performance standards and other standards of this
chapter.
B.
Application. Three or more copies of the preliminary
plan, an application in a form approved by the Planning Board and
the requisite fee shall be delivered to the Planning Board Secretary,
through the office of the Borough Clerk.
C.
Preliminary plan details. The preliminary site plan
shall contain the following unless it is determined in a preliminary
discussion with the Planning Board that any of these items are not
necessary.
(1)
Locator map at a scale of one inch equals 200 feet,
or larger scale, showing the lot and block number of the parcel in
question and the lot and block numbers of adjacent and opposite properties.
This map should also show any contiguous lot in which the applicant
has any direct or indirect interest and the nature of the applicant's
interest.
(2)
Photographs of the property, where necessary, to show
any unusual topographic, environmental or physical aspect of the site.
This would include but not be limited to rock outcroppings, vegetation,
natural drainageways, wetlands and existing structures and improvements.
(3)
A preliminary plan at a scale of one inch equals 50
feet, or larger scale, and any supplemental plans that are necessary
to properly depict the project. In the case of a complex project a
scale other than one inch equals 50 feet may be submitted, provided
that one copy of a photomechanical reduction to a scale of one inch
equals 50 feet is submitted. The preliminary plan shall show at least
the following information:
(a)
North arrow, scale, graphic scale, date and
noted and dated revisions.
(b)
The zoning district in which the parcel is located,
together with the district boundaries included within the boundaries
of the parcel or within 200 feet therefrom. All setback lines, landscape
strips, landscape buffers, building height and other bulk requirements
shall be shown and dimensioned. Any deviation from the requirements
of this chapter shall be specifically shown.
(c)
Survey map, prepared by a licensed surveyor
of New Jersey, showing boundaries of the properties, lines of all
existing streets and roads, easements, rights-of-way and areas dedicated
to public use within 200 feet of the development. These shall be dimensioned
and, where applicable, referenced as to direction.
(d)
Reference to any existing or proposed deed restrictions
or exceptions concerning all or any portion of the parcel. A copy
of such covenants, deed restrictions or exceptions shall be submitted
with the application.
(e)
The existing and proposed contours, referred
to the United States Coast and Geodetic Survey datum, at a contour
interval of not less than two feet. Existing contours are to be indicated
by dashed lines, and proposed contours are to be indicated by solid
lines. Location of existing rock outcroppings, high points, watercourses
and drainageways, depressions, ponds, marshes, vegetation, wooded
areas and other significant existing features, including previous
flood elevations of watercourses, ponds and areas as determined by
survey. Trees of six inches or over in caliper shall be specifically
located and identified. Any proposed change of such natural features
shall be specifically noted.
(f)
The location, size, elevation, slope and type
of storm drainage structures and other utility structures, above and
below grade, whether publicly or privately owned. Design calculations
supporting the adequacy of proposed drainage structures and/or surface
drainage shall be submitted.
(g)
The location of all existing buildings, bridges,
culverts, paving, lighting, signs or any other structures with grade
elevations for each structure.
(h)
The distances measured along the right-of-way
lines of existing streets abutting the property to the nearest intersection
with other streets.
(i)
The proposed use or uses of the land, buildings
and structures.
(j)
The quantitative aspects of the proposal such
as improvement coverage, number of units, square feet of construction,
value of construction, density, coverage, number of employees, number
of residents and area of land, etc.
(k)
The proposed buildings and structures and any
existing structures to remain, with dimensions, setbacks, heights
(in feet and stories) and first-floor or grade elevations. Existing
buildings and structures to be removed shall be indicated.
(l)
The location and designs of any off-street parking
areas, service, trash or loading areas, showing size and location
of bays, aisles, barriers, planters, maneuvering areas and traffic
patterns.
(m)
The means of vehicular access for ingress to
and egress from the site, showing the proposed traffic channels, lanes
and any other structure or device intended to control traffic.
(n)
The location, design and size of any on- or
off-site pedestrian parks and bicycle pathways, open space, common
open space, plazas and recreation areas or any other public use areas.
(o)
The location and design of all proposed utility
structures and lines, stormwater drainage on-site and off-tract, as
well as telephone, power and light, water hydrant locations, sewer,
gas, whether publicly or privately owned, with manholes, inlets, pipe
sizes, grades, inverts and directions of flow.
(p)
The location and design of the proposed screening,
landscaping and planting, including a planting plan and schedule of
plant materials.
(q)
The location of all outdoor lighting (freestanding
or on building), the size, nature of construction, lumens, heights,
area and direction of illumination and footcandles produced, as well
as time controls proposed for outdoor lighting and display.
(r)
The location and design of all signs, the size,
nature of construction, height and orientation, including all identification
signs, traffic and directional signs and arrows, freestanding and
facade signs and time control for sign lighting.
(s)
The location and size of all proposed easements,
rights-of-way and public areas to be dedicated to the public or to
be restricted or defined by deed or any other arrangement.
(t)
Where applicable, the method by which any common
or public open space or commonly held building or structure is to
be owned and maintained.
(u)
Where warranted, such other material deemed
necessary by the Planning Board to evaluate the physical, fiscal or
socioeconomic impact of the proposed development upon the Borough.
D.
Preliminary plan review. Within 45 days of the submission
to the Planning Board Secretary, through the office of the Borough
Clerk, of a complete site plan application for 10 acres of land or
less, or within 95 days of submission of a complete application for
a site plan of more than 10 acres, or within such further time as
may be agreed upon by the developer, the Planning Board shall act
upon the application.
(1)
Upon receipt of a complete application, the Planning
Board Secretary, through the office of the Borough Clerk, shall submit
one copy to each member of the Planning Board and one copy of the
application to the following professionals and Boards:
(a)
The Borough Engineer.
(b)
The Borough Planning Consultant (if one is retained).
(c)
The Borough Board of Health.
(d)
The Borough Recreation Committee.
(e)
The Borough Chief of Police.
(f)
Bergen County Planning Board and, where applicable,
the State Department of Transportation.
(g)
Such other boards or professionals as the Planning
Board may deem necessary.
(2)
The said professionals and boards shall have a period
of 30 days after receipt of the preliminary plan to make a report
and recommendations concerning the preliminary plan. The Planning
Board shall take such recommendations Into account but shall have
the right to proceed in the absence of any such recommendation.
E.
Public hearing. The Planning Board shall hold a public
hearing on the application prior to taking action on said application.
The hearing shall be held not less than 10 days following submission
of a complete site plan application. Public notice of said hearing
shall be given in the official newspaper of the Borough at least 10
days prior to the hearing date.
F.
Preliminary plan action. The Planning Board shall
by resolution approve, disapprove or conditionally approve the preliminary
plan, stating reasons for any disapproval.
G.
Decision of Planning Board.
(1)
A copy of the decision shall be mailed by the Planning
Board within 10 days of the date of decision to the applicant and
shall be filed in the office of the Planning Board. Copies of such
filed decision shall be made available to any interested party for
a reasonable fee and shall be available for public inspection at the
Planning Board office, through the office of the Borough Clerk, during
reasonable hours.
(2)
A brief notice of the decision shall be published
by the Planning Board in the official newspaper of the Borough. The
period of time in which an appeal of the decision may be made shall
run from the first publication of the decision.
H.
County Planning Board approval. Any application requiring
County Planning Board approval shall be approved by the Borough Planning
Board subject to approval by the County Planning Board.
I.
Effect of preliminary approval. Preliminary approval of a site plan shall, except as provided in Subsection J below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements, layout and design standards for streets, curbs
and sidewalks, lot size, yard dimensions and on-site and off-tract
improvements and any requirements peculiar to the specific site plan.
The Borough may modify by ordinance such general terms and conditions
of preliminary approval as they may relate to public health and safety,
provided that such modifications are in accord with amendments adopted
by ordinance subsequent to approval.
(2)
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 site plan.
J.
Extension of preliminary approval. The applicant may
apply for and the Planning Board may grant extensions on such preliminary
approval for additional periods of at least 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.
In the case of a site plan for an area of 50 acres or more, the Planning
Board may grant the rights referred to above for such period of time,
longer than three years, as shall be determined by the Planning Board
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 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 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.
K.
Exceptions. The Planning Board when acting upon applications
for preliminary site plan approval shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of these provisions
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
L.
Planning Board variances in lieu of Board of Adjustment.
The Planning Board when reviewing applications for site plans shall
have the power to grant, to the same extent and subject to the same
restrictions as the Board of Adjustment, variances from lot and bulk
area, as well as off-street parking and loading requirements, provided
that relief pursuant to this subsection shall not be granted on more
than one lot. Said variances shall be granted where, by reason of
exceptional narrowness, shallowness or shape of a specific piece of
property or by reason of exceptional topographic conditions or by
reason of other extraordinary and exceptional situation or condition
of such piece of property, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property.
The variance granted from such strict application of such regulation
shall relieve such difficulties or hardship; provided, however, that
no variance shall be granted under this subsection to allow a structure
or use in a district restricted against such structure or use.
A.
Objectives of review. The final plan shall be reviewed
to ascertain whether the construction documents to be utilized in
construction of the project conform to the approval preliminary plan.
B.
Application. Three or more copies of the final plan,
an application in a form approved by the Planning Board and the requisite
fee shall be delivered to the Planning Board Secretary, through the
office of the Borough Clerk.
C.
Final plan details. The final plan shall include the
following:
(1)
The approved preliminary plan together with all proposed
additions, changes or departures therefrom.
(2)
Final construction documents amongst other items,
illustrating:
(a)
The final plans for site development and site
improvement.
(b)
The first, ground or other floor plans sufficient
to show pedestrian, vehicular or other access.
(c)
The building facades including size, structure,
materials, colors and textures.
(d)
Elevations of any other structure, sign or area
visible to the general public.
D.
Final plan review.
(1)
Within 45 days after submission of a complete final
site plan application or within such further time as may be agreed
upon by the applicant, the Planning Board shall approve the application
for final site plan approval, with or without conditions, provided
that the following requirements are met:
(a)
That the detailed drawings and specifications
meet all applicable codes and ordinances;
(b)
That the final plans are substantially the same
as the approved preliminary site plans.
(c)
That all improvements have been installed or
bonds posted to ensure the installation of improvements.
(d)
That the applicant agrees in writing to all
conditions of final approval.
(e)
That proof has been submitted that all taxes
and assessments for local improvements on the property have been paid.
(2)
Upon receipt of a complete application, the Borough
Clerk shall submit one copy to each member of the Planning Board and
one copy to each of those professionals and Boards having received
a copy of the preliminary plan.
(3)
The said professionals and Boards shall have a period
of 30 days after receipt of the final plan to make a report and recommendations
concerning the final plan. The Planning Board shall take such recommendations
into account, but shall have the right to proceed in the absence of
any such recommendation.
G.
Effect of final approval. 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.
H.
Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval, unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under Subsection G herein, for one year. 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 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.
I.
Conditions of final approval. The Planning Board may,
as a condition of final approval:
(1)
Grant final approval only for designated geographic
sections of the development.
(2)
Grant final approval for certain work but require
resubmission for final approval for designated elements, including
but not limited to such items as landscaping, signs or street furniture,
and require approval of these elements as a prerequisite for a certificate
of occupancy.
(3)
Condition the granting of a certificate of occupancy
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. This may include, but is not limited to, such items as
the installation of landscaping, erection of signs, installation of
improvements or reevaluation of circulation patterns.
