A. 
Applicants for preliminary site plan approval shall be encouraged to submit for review by the reviewing board plans for informal discussions and recommendations. Said sketch site plan shall be used as a basis for changes and redesign to avoid undue expense and delay in preparing more detailed plans and specifications. The reviewing board shall not be governed by any statutory time limits in its review of sketch site plans, and it is expressly understood that compliance with the reviewing board's recommendations shall not bind the reviewing board in subsequent deliberations.
B. 
Neither the reviewing board nor the developer shall be bound by any discussions or statements made during such informal review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submission of a sketch plat, and the time for the reviewing board's decision shall not begin to run until the submission of a complete and formal application.
A. 
The applicant shall submit 18 copies of the site plan as required in the minimum site plan design standards,[1] together with such application forms and fees[2] as well as five copies of any additional engineering documents as required by the board, no less than 15 days prior to the next scheduled meeting of the municipal agency.
[1]
Editor's Note: See Art. XI of this Part 3.
[2]
Editor's Note: See Ch. 169, Fees.
B. 
The applicant shall submit a copy of the application and site plan to the Bergen County Planning Board for its review, as required.
C. 
Copies of the site plan shall be forwarded by the Construction Official, prior to the meeting of the municipal agency, to the following agencies for review and report and, where required, approval as follows:
(1) 
The Borough Engineer.
(2) 
The Police Department.
(3) 
The Fire Prevention Bureau.
(4) 
The Board of Health.
(5) 
The Shade Thee Commission Consultant.
(6) 
Such other officials and agencies as directed by the municipal agency.
D. 
The municipal agency or, if established, the Site Plan Review Committee thereof shall review the submission for completeness and accept or reject the submission as a complete application for final approval within 45 days of such submission. If the application is incomplete, the application shall be returned to the applicant, together with a written statement of the deficiencies which caused its rejection. If the submission is accepted as complete, the application shall be notified as to the date when said application will be considered by the municipal agency and a public hearing held thereon.
E. 
The municipal agency shall, following public hearing, if the proposed development complies with this Part 3 and N.J.S.A. 40:55D-37, grant preliminary site plan approval.
F. 
If the municipal agency requires any substantial amendment in the layout of improvements proposed by the developer that have been a subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development.
G. 
Upon the submission of a complete application for a site plan of 10 acres of land or less or 10 dwelling units or less, the municipal agency 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 developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the municipal agency shall grant or deny the preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
H. 
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 agency shall condition its approval upon the subsequent approval of the County Planning Board.
Preliminary approval of a site plan shall confer upon the applicant for a three-year period from the date of the preliminary approval the rights set forth in N.J.S.A. 40:55D-49, except as otherwise provided in Subsection d thereof.
A. 
The municipal agency shall grant final approval in accordance with the provisions of N.J.S.A. 40:55D-50.
B. 
The municipal agency shall, within the applicable time period set forth in this Part 3 and after public meeting, approve the application for final site plan approval, with or without conditions, provided that the following requirements are met:
(1) 
Detailed drawings and specifications meet all applicable codes and ordinances.
(2) 
The final plans are substantially the same as the approved preliminary site plans.
(3) 
All improvements have been installed or bonds posted to insure the installation of improvements.
(4) 
The applicant agrees, in writing, to all conditions of final approval.
(5) 
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
[Amended 4-25-2001 by Ord. No. 13-01]
A. 
As a condition of final site plan approval or as a condition to the granting of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall have installed all improvements required by the Planning Board, except that the Borough Council may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements, the following:
(1) 
The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for improvements that the Board may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
(2) 
A maximum of 10% of the total guaranty required shall be in cash. All of the improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 48 hours prior to the start of the construction. No underground installations shall be covered until inspected and approved.
B. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution. The cost shall be determined by the Borough Engineer according to the method of calculations set forth in N.J.S.A. 40:55D-53.4.
C. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds thereof, complete such improvements.
D. 
Request for list from Borough Engineer.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
(2) 
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A of this section.
E. 
Reduction of performance guaranty.
(1) 
The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer or reject any or all of these improvements and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Borough Engineer. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved improvements, except for that portion adequately sufficient to secure completion of correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all acceptability of all improvements.
(2) 
For the purpose of releasing the obligor from liability pursuant to its performance guaranty, the amount of the performance guaranty attributable to each approved improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guaranty, then the Borough may retain 30% of the amount of the total performance guaranty to ensure completion and acceptability of all improvements as provided above.
(3) 
If the obligor has made a cash deposit with the Borough as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
F. 
If any portion of the required improvements is rejected, the Borough may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination or lack of a determination of the Borough Council or the Borough Engineer.
H. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55SD-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
I. 
If final approval is by stages or sections of a development pursuant to Subsection A of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
J. 
To the extent that any of the improvements have been dedicated to the Borough on a subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guaranty required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
[Added 4-25-2001 by Ord. No. 13-01[1]]
Before the acceptance of any on-tract improvements, the applicant shall post a maintenance guaranty with the Mayor and Council for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). If other governmental agencies or public utilities automatically will own the utilities to be installed, or if the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
[1]
Editor's Note: This ordinance also superseded former § 209-51, Installation of improvements.
A. 
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to § 209-48, 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 the Land Subdivision Ordinance of the Borough of Maywood.[1] If the developer has followed the standards prescribed for final site plan approval and has secured a building permit to commence construction and, in the case of a subdivision, has duly recorded the plat as required in the Land Subdivision Ordinance, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this Part 3, the granting of final site plan approval terminates the time period of preliminary site plan approval pursuant to § 209-48 for the section granted final approval.
[1]
Editor's Note: See Part 4, Subdivision of Land, of this chapter.
B. 
In case of a planned unit development, planned unit residential development residential cluster of 50 acres or a conventional site plan for 150 acres or more, the reviewing board may extend the rights granted under final approval for such period of time longer than two years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final site plan 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, the economic conditions and the comprehensiveness of the development.
The reviewing board may, as a condition of final site plan approval:
A. 
Grant final site plan approval only for designated geographic sections of the development.
B. 
Grant final site plan approval for certain work, but require resubmission for final site plan approval for designated elements, such as but not limited to landscaping, signs, street furniture, etc., and require final approval of these elements as a prerequisite for a certificate of occupancy or a zoning permit.
C. 
Condition the granting of a certificate of occupancy or a zoning permit.
D. 
Condition the granting of a certificate of occupancy or a zoning permit 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 permit. This may include but is not limited to the installation of landscaping, erection of signs, installation of improvements, reevaluation of circulation patterns, etc.