A.
Upon receipt of a site plan for review and approval,
the municipal agency may distribute the plan to the following boards,
agencies and professionals:
(1)
The Borough Engineer.
(2)
The Borough Building Inspector.
(3)
The Chief of Police.
(4)
The Chief of the Fire Department.
(5)
The Planning Consultant.
(6)
The Board of Health.
(7)
The County Planning Board, where appropriate.
(8)
The Traffic Consultant.
(9)
The landscape architect.
(10)
Other municipal, county, state or federal bureaus
or agencies, as shall be determined by the municipal agency.
B.
The above boards, agencies and professionals shall
provide the municipal agency with written reports. Said reports shall
be received by the municipal agency within 15 days after the site
plan has been perfected.
C.
Copies of all said reports shall be submitted to the
applicant.
A.
If the Planning Board shall determine that any substantial
amendment is required in the layout of improvements proposed in the
application which have been the subject of a hearing, the applicant
shall submit an amended application for preliminary site plan review,
and said amended application shall then be considered by the Planning
Board as an original application for preliminary site plan review.
Preliminary site plan approval may then be granted by the Planning
Board if it determines that the application complies with the requirements
of the within chapter.
B.
The municipal agency, at its discretion, may accept
simultaneous applications for preliminary and final site plan approval
where so requested by the applicant, provided that all conditions,
engineering plans and other requirements on a preliminary site plan
approval have been completed or fulfilled and guaranties properly
posted for their completion.
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.
A.
Whenever application for site plan approval shall
be made to the Planning Board and shall include a request for variances
pursuant to N.J.S.A. 40:55D-70(c), the application for site plan approval
to the Planning Board must be granted or denied within 95 days after
submission by the applicant of a complete application 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
approval of the application, and a certificate shall be issued by
the Secretary of the Planning Board, on request of the applicant,
setting forth the failure of the Planning Board to act within the
prescribed time period, and said certificate shall be deemed sufficient
in lieu of written endorsement or other evidence of approval required
and shall be so accepted by the Register of Bergen County for purposes
of filing subdivision plats.
B.
if the application for preliminary site plan review
shall be included in conjunction with an application before the Planning
Board for conditional uses pursuant to N.J.S.A. 40:55D-67(a), the
Planning Board shall grant or deny site plan approval within 95 days
of submission of a complete application by the applicant, 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
approval of the application.
C.
If any application made pursuant to Subsections A and B requires review or approval by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, the Planning Board shall condition any approval that 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 Planning Board on the application submitted within 30 days from the date of receipt of the application, unless, by mutual agreement between the Planning Board and the Bergen County Planning Board, and with approval of the applicant, the thirty-day period shall be extended for an additional thirty-day period.
A.
All applications made to the Planning Board pursuant to § 345-40A and B shall comply with the provisions of §§ 261-31 and 261-32 of the Land Use Procedures Ordinance of the Borough of Fort Lee,[1] and the hearing, the conduct thereof and the determination reached shall be governed in accordance with provisions set forth in Article III of the Land Use Procedures Ordinance of the Borough of Fort Lee.
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.
A.
Preliminary approval of a site plan application pursuant
to N.J.S.A. 40:55D-46 shall, except as hereafter provided, confer
upon the applicant the following rights for a three-year period from
the date of 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 off-tract improvements
and, in the case of a site plan, requirements peculiar to site plan
approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein
shall be construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as relate
to public health and safety;
(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 subdivision plat or site
plan, as the case may be; and
(3)
That the applicant may apply for and the municipal
agency 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.
B.
In the case of a subdivision of or site plan for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the municipal agency 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 municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency 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.
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.
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval, provided that, in the case of major subdivision, the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided in N.J.S.A. 40:55D-54. If
the developer has followed the standards prescribed for final approval
and, in the case of a subdivision, has duly recorded the plat as required
in N.J.S.A. 40:55D-54, the municipal agency may extend such period
of protection for extensions of one year, but not to exceed three
extensions. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval pursuant to N.J.S.A. 40:55D-49 for the section granted final
approval.
B.
In the case of site plan for 150 acres or more, the
municipal agency may grant the rights referred to in the preceding
section of this chapter for such period of time, longer than two years,
as shall be deemed by the municipal agency 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 developer may apply
for thereafter, and the municipal agency may thereafter grant, such
extension of final approval for an additional period of time which
shall be deemed by the municipal agency 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.
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:
