If the application before the Planning Board
shall be solely for site plan review, the Planning Board shall hold
a hearing on said application at its next regularly scheduled public
meeting or at any special meeting properly scheduled for the hearing
of the application; provided, however, that no hearing shall be held
less than 14 days after receipt of a complete submission for site
plan review. Pursuant to N.J.S.A. 40:55D-12(a)(1), no public notice
of the hearing shall be given unless the Planning Board shall schedule
a special meeting for purposes of hearing the application. In either
event, no notice need be given to those normally entitled to receive
notice pursuant to N.J.S.A. 40:55D-12(a), (b), (c), (d), (e), (f)
and (g).
Upon the submission to the Planning Board of
a complete application for a site plan which involves 10 acres of
land or less and 10 dwelling units or fewer the Planning Board shall
grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
applicant. Upon the submission of a complete application for a site
plan which involves more than 10 acres or more than 10 dwelling units,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the applicant. Otherwise the Planning Board
shall be deemed to have granted preliminary approval of the site plan.
Whenever any application for site plan review
is submitted to the Board of Adjustment in connection with a variance
application pursuant to N.J.S.A. 40:55D-70(d), the Board of Adjustment
shall render a decision not later than 120 days after the date an
appeal is taken to the Board of Adjustment from the decision of the
Building Inspector or the submission of a complete application to
the Board of Adjustment pursuant to N.J.S.A. 40:55D-72(b) or within
such further time as may be consented to by the applicant.
The provisions of §
345-41 and the procedures governing all applications made pursuant to §
345-40 herein shall govern applications made pursuant to §
345-42. When hearing any application for site plan review under this section, the Board of Adjustment may refer the application to any appropriate person or agency, including the Planning Board, pursuant to N.J.S.A. 40:55D-26, for a report, provided that such referral shall be deemed to extend the period of time within which the Board of Adjustment must act.
The municipal agency shall grant final approval
where final and detailed drawings, specifications and estimates of
the application for final approval conform to the standards established
herein and the conditions of preliminary approval have been met and,
in the case of a major subdivision, the standards prescribed by N.J.S.A.
46:23-9.9 et seq. within the following time periods for determination:
A. Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary of
the municipal agency and the Building Inspector, or within such further
time as may be consented to by the applicant.
B. Failure of the municipal agency to act within the period prescribed shall constitute approval of the application. If any application made pursuant to §§
345-40 and
345-43 requires review or approval by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-6.3 or 40:27-6.6, the municipal agency shall condition any approval it grants upon timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board as a result of its failure to report to the municipal agency on the application submitted within 30 days from the date of receipt of the application, unless, by mutual agreement between the municipal agency and the Bergen County Planning Board, and with the approval of the applicant, the thirty-day period shall be extended for an additional thirty-day period.
In the event of a failure to comply with any
condition of site plan approval, the Building Inspector, on his own
initiative or upon recommendation from the Borough 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.
The municipal agency may authorize the Building
Inspector to issue a temporary certificate of occupancy, not to exceed
a maximum of 180 days, if, in the municipal agency's opinion, or in
the Borough Engineer's opinion, as may be authorized by municipal
agency resolution, the delay in meeting the requirements of site plan
approval is in the best interests of the community or the delay was
caused by factors beyond the control of the applicant or if the delay
will impose a severe hardship on the applicant. Said temporary certificate
of occupancy may be granted where weather or other similar conditions
beyond the control of the applicant will prevent compliance with the
conditions of site plan approval.
Any site plan approval granted by the Planning
Board to an applicant shall expire and be of no force and effect as
follows:
A. Three years from the date of preliminary site plan
approval, in accordance with N.J.S.A. 40:55D-49.
B. Two years from the date of final site plan approval,
in accordance with N.J.S.A. 40:55D-52.