A.
Assignment. The applicant may file an application
and proceed before the Board which the applicant believes to be appropriate
or the applicant may seek the direction of the administrative officer
as to which approvals are required from the appropriate Board.
B.
Content. An application for development shall include a completed checklist as specified in § 205-101, the items specified in the checklist, and a completed application form.
C.
Complete application. The administrative officer shall review all applications and accompanying documents required by this chapter to determine whether or not all rules and regulations have been complied with and all submission requirements have been met and the checklists as contained in § 205-101 have been completed. Upon such a finding, the administrative officer shall certify the application as being complete and shall so notify the applicant. If the administrative officer finds the application incomplete, the applicant shall be notified in writing of any finding of incompleteness and the said specific deficiencies of the application. The application shall be deemed to be complete within 45 days of the submission of the application to the Board. The applicant may request that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days from the first hearing date before the Board. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application.
D.
Additional information. During the course of review
of any application, after certification as a complete application,
the Board may require correction of any information found to be in
error and submission of additional information not specified in this
chapter or any revision to the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Board.
A.
Prior to the submittal of a formal plan, the applicant
for subdivision or site plan may request an informal review before
the Planning Board in order to:
(1)
Acquaint the applicant with the substantive and procedural
requirements of the subdivision and site plan ordinance;
(2)
Provide for an exchange of information regarding the
proposed development plan and applicable elements of the master plan,
Zoning Ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information
that may aid the application;
(4)
Identify policies and regulations that create opportunities
or pose significant constraints for the proposed development;
(5)
Consider opportunities to increase development benefits
and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
B.
Applicants seeking review of a concept plan or sketch
plat shall provide 15 copies of the plan or plat and one copy of the
completed application and the required review fees to the Board Secretary
at least 28 days before a regularly scheduled meeting of the Board.
C.
The concept plan or sketch plat is a general plan that is neither fully engineered nor surveyed. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Borough's development goals and objectives. Submission requirements for concept plans or sketch plants are provided in the Concept Plan and Sketch Plat Checklist referred to in § 205-101.
D.
Effect of concept plan/informal review. Neither the
applicant nor the Board is bound by any concept plan or informal review.
The suggestions made at the concept plan phase may change with new
information discovered when a formal development application is prepared
using current detailed site-specific data and on-site test findings.
The applicant may request a review of an additional concept plan based
upon new information prior to submission of a formal application for
development. The amount of any fees for such informal review shall
be a credit toward fees for review of the application for development.
A.
Submission procedures. All site plan and subdivision
applications submitted under the provisions of this chapter shall
comply with all the applicable requirements of the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
B.
Uses requiring site plan approval.
(1)
All activities except the following shall require
site plan approval:
(a)
The construction, customary use and modification
of single or two-family dwellings, including any permitted accessory
buildings and/or uses incidental to the principal use of the property.
(b)
Any structure or use for which site plan approval
was granted prior to the effective date of this chapter and that was
developed in accordance with such approval.
(c)
Construction which is determined by the Construction
Code Official to constitute ordinary repairs, as defined by the State
of New Jersey Department of Community Affairs Uniform Construction
Code.
(d)
Soil disturbance of less than 300 cubic yards
in total, over time, except that nothing shall be construed to prevent
the otherwise lawful excavating or cutting, stripping or other change
in the existing configuration of the land for the following purposes
and no others:
[1]
Gardening for noncommercial purposes.
[2]
The construction or reconstruction of curbs,
sidewalks, private residential driveways, drainage systems, sewage
disposal systems and other utility service connections, provided that
all other Borough, county, state and district approvals have been
received.
(2)
A change in use or occupancy of a building or land
requires site plan approval if one or more of the following criteria
is met:
(a)
The previous use never received required site
plan approval.
(b)
The proposed use requires more off-street parking
than the previous use based upon the parking requirements of this
chapter.
(c)
The proposed use has significantly different
hours of operation than the previous use.
(d)
The proposed use has different loading requirements
which have an effect on site circulation.
(e)
The proposed use involves the storage or handling
of chemicals or hazardous substances.
(f)
The proposed use calls for a significant change
in exterior lighting, on-site circulation, access, or landscaping.
(g)
The proposed use will generate a greater amount
of solid waste requiring additional refuse receptacles than previously
required.
(h)
The proposed use requires a significant change
in drainage and stormwater management.
C.
Waiver of site plan approval.
(1)
By Planning Board. Where the Board determines that
the proposed development is a permitted use in the zone and does not
involve substantial site development considerations, the Board may
waive the requirement for site plan approval.
(2)
By Construction Code Official. Where a proposed development
does not involve a change in use and is for nonstructural change in
the facade of a structure or an interior change which does not increase
parking, drainage or other site development considerations, the Construction
Code Official may waive the requirement for site plan approval. The
Construction Code Official shall not waive site plan approval for
a nonstructural change in the facade of a structure if the structure
is in a zone or portion thereof covered by a duly adopted historic
preservation plan.
D.
Additional requirements.
(1)
No subdivision or site plan involving any street(s)
requiring additional right-of-way width as specified in the Master
Plan or Official Map and the street requirements of this chapter shall
be approved unless such additional right-of-way, either along one
or both sides of said street(s), as applicable, shall be deeded to
the municipality or other appropriate governmental agency.
(2)
The Board reserves the right to require additional
information before granting preliminary approval when unique circumstances
affect the tract and/or when the application for development poses
special problems for the tract and surrounding area. Such information
may include, but not be limited to, drainage calculations, traffic
analysis, noise and other impacts, and detailed environmental information.
E.
Environmental impact assessment.
(1)
When required. The Board may require an environmental
impact assessment as part of preliminary approval if, in the opinion
of the Board, the development could have an adverse affect on the
environment. The Board may, at the request of an applicant, waive
portions of the environmental impact assessment requirements upon
a finding that a complete report need not be prepared in order to
evaluate adequately the environmental impact of a particular project.
(2)
Submission format. All environmental impact assessments
shall consist of written and graphic materials which clearly present
the following information:
(a)
Project description. A description of the proposed
project shall be presented to indicate the extent to which the site
must be altered, the kinds of facilities to be constructed and the
uses intended. The resident population, working population, and visitor
population shall be estimated.
(c)
Site description and inventory. The suitability
of the site for the intended use shall be discussed. This shall include
a description of environmental conditions on the site which shall
include, but not be limited to, the following items:
[1]
Types of soils. A description and list of each
soil type including capabilities and limitations on the site shall
be provided and identified on a map. Soils shall be described with
reference to criteria contained in the Bergen County Soil Conservation
District Standards and Specifications.
[2]
Topography. A description and map of the topographic
conditions of the site shall be provided. Areas where slopes are in
excess of 15% shall be identified on the map.
[3]
Geology. A description and map of the geologic
formations and features of the site shall be provided. Areas where
bedrock is within two feet of the surface as well as major rock outcroppings
shall be shown on the map.
[4]
Vegetation. A description and map of existing
vegetation on the site showing the location of major vegetative groupings
such as woodlands, open fields and isolated trees greater than six
inches caliper shall be provided. Where woodlands are delineated,
the forest type and its characteristics shall be identified.
[5]
Wildlife. Habitats of any rare or endangered
species defined by the State of New Jersey shall be identified and
described.
[6]
Critical areas. A description and map of the
wetland areas, wetland buffers and floodplains on the site shall be
provided.
[7]
Surface water. A description and map of existing
watercourses and water bodies that are partially or totally on the
site shall be identified.
[8]
Subsurface water. Subsurface water conditions
on the site shall be described both in terms of depth to groundwater
and water supply capabilities. Where existing conditions warrant,
detailed information of the depth, capacity and water quality of existing
wells within 500 feet of the site shall be provided. The water supply
capabilities of the adjacent areas and the recharge capabilities of
the site shall be described.
[9]
Unique, scenic and/or historic features. Describe
and map those portions of the site that can be considered to have
unique, scenic and/or historic qualities and any scenic view from
the site.
[10]
Miscellaneous. When warranted,
an analysis shall be conducted of existing air quality and noise levels
as prescribed by the New Jersey Department of Environmental Protection.
When warranted, the Board may also request delineation of conditions
on adjacent properties.
(d)
Impact. The negative and positive impacts of
the project during and after construction shall be discussed. The
specific concerns that shall be considered include the following:
[1]
Soil erosion and sedimentation resulting from
surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered
species.
[10]
Destruction or degradation of
scenic and historic features on and off site.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Lighting levels including trespass
lighting.
[14]
Effect on community including
projected population increase, increase in municipal and school services,
consequences to the municipal tax structure.
(e)
Environmental performance controls. The applicant
shall indicate the measures which will be employed during the planning,
construction and operation phases which will minimize or eliminate
negative impacts on and off site. Of specific interest are:
[1]
Drainage plans which shall include but not be
limited to soil erosion and sedimentation controls.
[2]
Water supply and water conservation proposals.
[3]
Site design techniques sensitive to the natural
environment which should include innovative landscape, building and
circulation design.
[4]
Noise reduction techniques.
[5]
Screening and landscaping intended to enhance
the compatibility of the development with adjacent areas.
[6]
Miscellaneous on-site and off-site public improvements.
(f)
Alternatives. A discussion of site design and
project location alternatives that were considered shall be provided.
The discussion shall indicate why an alternative was rejected if it
would have resulted in less of a negative impact than the proposed
development.
(g)
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the construction and operation
of the proposed project. This list shall include, but is not limited
to, approvals required by the municipality and agencies of the county,
state and federal governments. Where approvals have been granted,
copies of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
(h)
Documentation. All publications, file reports,
manuscripts or other written sources of information which were consulted
in preparation of the environmental impact assessment shall be listed
and footnoted. A list of all agencies and individuals from whom pertinent
information was obtained orally or by letter shall be listed separately.
Dates and locations of all meetings shall be specified.
(i)
Disposition. The Board shall review the environmental
impact assessment to determine if the development will result in appreciable
harmful effects to the environment.
F.
Traffic impact statement.
(1)
When required. The Board may require a traffic impact
statement as part of preliminary approval if, in the opinion of the
Board, the development could have an adverse impact on the road network,
ingress/egress or on-site circulation.
(3)
Submission format. All traffic impact statements shall
provide a description of the impact and effect of the proposed land
development upon all roads which are adjacent to or immediately affected
by traffic and shall specifically address the following items:
(c)
Traffic impacts caused by the proposed development
as per change in existing conditions.
(d)
Explanation of Traffic Reduction/Traffic Management
Plans necessary pursuant to any current federal, state or county requirements,
and, where applicable, proposed interaction with appropriate County
Transportation Management Areas (TMA).
(e)
Recommendations for alleviating or diminishing
any possible congestion or disruption to the established traffic pattern.
(f)
Any other information requested by the appropriate
Board reasonably required to make an informed assessment of potential
traffic impacts.
G.
Development phasing.
(1)
As a condition to preliminary approval of a major
site plan or subdivision, the Planning Board may permit the implementation
of the plan in whole or in phases. Such phases shall be:
(a)
Substantially and functionally self-contained
and self-sustaining with regard to access, parking, utilities, open
spaces and similar physical features and shall be capable of substantial
occupancy, operation and maintenance upon completion of construction
and development.
(b)
Properly related to other services of the community
as a whole and to those facilities and services yet to be provided
in the full execution and implementation of the plan.
(c)
Provided with such temporary or permanent transitional
features, buffers or protective areas as the Planning Board may require
to prevent damage or detriment to any completed phase and to adjoining
properties. Plans and specifications of such phases are to be filed
with the Planning Board and are to be of sufficient detail and at
such scale as to fully demonstrate the following:
[1]
The arrangement and site locations of all structures,
primary and accessory land uses, parking, landscaping, public and
private utilities and service facilities and land ownership conditions.
[2]
Estimates of the economic base of the phase
and its one or more phases as supported by such evidence as the estimated
cost and market values of structures and land improvement increase
of taxable values; costs of maintenance and services to be borne by
public and private agencies; potential rental scale costs of utility
installation; the financial ability of the developer to complete the
plan; and such other financial considerations as the Planning Board
shall deem applicable.
[3]
Estimate of its population characteristics,
such as the size and composition of future population in terms of
probable family sizes of the several dwelling unit types; their need
for public services and protection, for recreational facilities and
for commercial and professional services; anticipated rental scales;
and related considerations.
[4]
A planned traffic improvement program setting
forth the proposed on- and off-site traffic improvements to be made
by the applicant and others. Such programs shall set forth a schedule
of development based upon traffic generation resultant of the rate,
type, amount and location of land development of the tract.
[5]
Such further reasonable evidence and fact that
the Planning Board may require in order to determine that the objectives
and standards set forth herein are met.
(2)
Upon finding that the plans and specifications for
the proposed development of the section or phase conform to the above
conditions, the Planning Board shall so inform the administrative
officer that, upon presentation of requisite working drawings and
specifications, such permits may be issued. Upon substantial completion
of any phase which shall include all performance bonds, covenants
and similar instruments to assure such completion, and before proceeding
with the review and approval of additional phases, the Planning Board
may require a report and review of the status, character and conditions
and other previous completed phases with regard to their compliance
with the plans, specifications and estimates which formed the basis
for its action and approval. Upon finding that such compliance has
occurred, the Board shall initiate proceedings for the review of the
new phase.
(3)
As a further condition for approval of later phases,
the Board may require or permit adjustments or modifications in the
conditions established in the approved plan to compensate for differences
between the estimates of record on previously approved and completed
sections or phases as required and the actual conditions prevailing
upon their completion. In this regard, consideration may be given
to the balance of land uses established consistent with the conditions
of the plan and the extent of variation from the social and economic
estimates upon which previous approval may have been passed.
A.
Application.
(1)
The applicant shall submit the required fee and three
copies each of the application and the minor subdivision plat to the
administrative officer for completeness review.
(2)
Upon determination that the application is complete,
the applicant shall submit 15 additional copies of all plans at least
28 days before a scheduled meeting and the Board Secretary will place
the item on the agenda. Within five days of the certification of completeness
of the application, the Secretary of the Planning Board shall forward
two copies to the County Planning Board.
B.
C.
Review. The officials and agencies cited above shall
forward their comments and recommendations in writing to the Board
within 30 days from receipt of the plat or site plan or by the date
of the scheduled public hearing.
D.
Notice of public hearing. At the time when the application
is deemed complete, the Board Secretary shall set a date for the public
hearing and notify the applicant of said date. After such notification,
the applicant shall follow the procedures established with respect
to notice of hearing.
E.
Action.
(1)
The Board shall approve, conditionally approve, or
deny a minor subdivision within 45 days of the certification that
the application is complete, unless the applicant shall extend the
period of time within which the Board may act. Where a variance is
requested pursuant to subsection b of N.J.S.A. 40:55D-60 or N.J.S.A.
40:55D-70, the Board shall take action within 120 days from which
the application is certified complete.
(2)
Failure of the Board to act within the period prescribed
shall constitute minor subdivision approval and a certificate of the
administrative officer as to the failure of the Board to act shall
be issued on request of the applicant. The certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the county recording
officer for purposes of filing subdivision plats or deeds.
F.
Effect of approval. Approval of a minor subdivision
shall be deemed final approval and shall be prepared in accordance
with final subdivision requirements, provided that the Board may condition
such approval on the provision of improvements as may be required
pursuant to N.J.S.A. 40:55D-53. The zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor subdivision or site plan approval was granted, shall not be
changed for a period of two years after the date on which the resolution
of approval is adopted provided that the approved minor subdivision
shall have been duly recorded.
G.
Conditions of approval. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3, the 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 as set forth in
N.J.S.A. 40:27-6.3.
H.
Filing with the county recording officer. Approval
of a minor subdivision shall expire 190 days from the date on which
the resolution of approval is adopted unless within such period a
plat in conformity with such approval and N.J.S.A. 46:23-9.9 et seq.,
or a deed clearly describing the approved minor subdivision is filed
by the developer with the county recording officer, the Borough Engineer
and the Borough Tax Assessor. Any such plat or deed accepted for such
filing shall have been signed by the Chairperson and the Secretary
of the Board. In reviewing the application for development for a proposed
minor subdivision, the Board may accept a plat not in conformity with
N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses
to file the minor subdivision as provided herein by plat rather than
deed such plat shall conform with the provisions of said act.
I.
Extensions.
(1)
The Board may extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed pursuant to this chapter
if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities; and
(b)
That the developer applied promptly for and
diligently pursued the required approvals. The length of the extension
shall be equal to the period of delay caused by the wait for the required
approvals, as determined by the Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
(2)
The Board shall grant an extension of minor subdivision
approval for a period determined by the Board, but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental agencies and that the developer applied promptly
for and diligently pursued the required approvals. The developer shall
apply for the extension before a) what would otherwise be the expiration
date of minor subdivision approval; or b) the 91st day after the developer
receives the first legally required approval from other governmental
entities, whichever occurs later.
J.
Distribution of copies. A copy of the recorded plat
or a copy of the recorded deed shall be filed with the administrative
officer of the appropriate Board. The administrative officer shall
distribute copies of the plat, deed or plan to the following:
A.
Application.
(1)
The applicant shall submit the required fee, three
copies each of the application and the preliminary major subdivision
plat or preliminary major site plan and three copies of any protective
covenants or deed restrictions applying to the land being subdivided
or developed to the administrative officer for completeness review.
(2)
Upon determination that the application is complete,
the applicant shall submit 15 additional copies of all plans and two
additional copies of the protective covenants or deed restrictions
at least 28 days before a scheduled meeting and the Board Secretary
will place the item on the agenda.
B.
Submission requirements.
(1)
Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist referred to in § 205-101.
(2)
The Secretary of the Board within five days of the
certification of completeness for preliminary approval shall forward
copies of the plat or site plan to the following for review and comment,
where appropriate:
(3)
The Board shall also have the authority to refer any
plat to other agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies cited above shall
forward their comments and recommendations in writing to the Board
within 28 days from the receipt of the plat or site plan or by the
date of the scheduled public meeting.
D.
Notice of public hearing. At the time that the application
is deemed complete, the Board Secretary shall set a date for the public
hearing and notify the applicant of said date. After such notification
the applicant shall follow the procedures established in this chapter
with respect to the notice of hearing.
E.
Action.
(1)
Subdivisions.
(a)
The Board shall approve, conditionally approve
or deny a preliminary major subdivision application of 10 lots or
less within 45 days after the application is certified complete unless
the applicant shall extend the period of time within which the Board
may act.
(b)
The Board shall approve, conditionally approve
or deny the preliminary major subdivision application of more than
10 lots within 95 days after the application is certified complete
unless the applicant shall extend the period of time within which
the Board may act.
(c)
If a preliminary subdivision application is
being considered by the Board of Adjustment simultaneously with an
application for a use variance, the Board of Adjustment shall act
on the application within 120 days after the application is certified
complete unless the applicant shall extend the period of time within
which the Board may act. If the applicant elects to bifurcate the
application for approval of the variance and the subsequent application
for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day
limit shall apply only to the variance. The subdivision and/or site
plan application shall be denied or approved in accordance with the
applicable time limits.
(d)
Failure of the Board to act within the time
prescribed shall constitute preliminary major approval and a certificate
of the administrative officer as to the failure of the Board to act
shall be issued on request of the applicant. Said certificate shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required, and shall be accepted by the county recording
officer for purposes of filing subdivision plats.
(2)
Site plans.
(a)
The Board shall approve, conditionally approve
or deny the preliminary major site plan which involves 10 acres of
land or less, or 10 dwelling units or less within 45 days after the
application is certified complete unless the applicant shall extend
the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve
or deny the preliminary major site plan of more than 10 acres or more
than 10 dwelling units within 95 days after the application is certified
complete unless the applicant shall extend the period of time within
which the Board may act.
(c)
If a preliminary site plan application is being
considered by the Zoning Board of Adjustment simultaneously with an
application for a use variance, the Zoning Board of Adjustment shall
act on the application within 120 days after the application has been
certified complete unless the applicant shall extend the period of
time within which the Board may act. If the applicant elects to bifurcate
the application for approval of the variance and the subsequent application
for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day
limit shall apply only to the variance. The subdivision and/or site
plan application shall be denied or approved in accordance with the
applicable time limits.
(d)
Failure of the Board to act within the time
prescribed shall constitute preliminary major site plan approval and
a certificate of the administrative officer as to the failure of the
Board to act shall be issued on request of the applicant. Said certificate
shall be sufficient in lieu of a written endorsement or other evidence
of approval herein required.
F.
Effect of preliminary approval.
(1)
If the Planning Board or Board of Adjustment approves
the preliminary plat or site plan, a resolution shall be adopted setting
forth the approval and any conditions of approval.
(2)
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection F(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a)
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 sizes; yard dimensions and off-tract
improvements; and in the case of a site plan, any 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 Borough from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety.
(b)
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.
(c)
That the applicant may apply for and the Board
may grant extension 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 and improvement standards have been revised
by ordinance, such revised standards may govern.
(d)
In the case of a subdivision of or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection F(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration a) the number of dwelling units and nonresidential floor area permissible under preliminary approval; b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; c) economic conditions; and d) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(e)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection F(2)(c) or (d) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(f)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(2)(c) or (d) above.
(3)
In all cases, the recommendations of the County Planning
Board shall be given careful consideration in the final decision.
If the County Planning Board has approval authority pursuant to N.J.S.A.
40:27-6.1, its action shall be noted on the plat or plan, and if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat or plan to the applicant. If either the Borough Board or the
County Planning Board disapproves a plat or plan, the reasons for
disapproval shall be remedied prior to further consideration.
G.
Conditions of approval. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3, the 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 as set forth in
N.J.S.A. 40:27-6.3 and 40:27-6.7.
H.
Signatures required. If the Board favorably acts on
a preliminary plat or plan, the Chairperson and the Secretary of the
Board shall affix their signatures to the plat or plan with a notation
that it has received preliminary approval and shall return same to
the applicant for compliance with final approval requirements. Where
approval is conditioned upon revisions to the preliminary plat or
plan, the Chairperson and the Secretary of the Board shall not affix
their signatures to the plat or plan until all such revisions are
made.
I.
Filing with the County Planning Board. Any plats and
forms required to be filed with the Bergen County Planning Board shall
be prepared by the applicant and filed by the Secretary of the Borough
Board. The Secretary shall collect from the applicant any fees required
by the County Planning Board.
J.
Simultaneous preliminary and final site plan approval.
Combined preliminary and final site plan approval may be granted provided
all submission requirements for both applications are met. The time
limit within which the Board shall act shall be the longest time permitted
for either of the two approvals.
A.
Application.
(1)
The applicant shall submit a final plat or final plan
to the administrative officer within three years after the date of
the preliminary approval or any authorized extension thereof. The
applicant shall submit the required fee, three copies of the application
and the final major subdivision plat or final major site plan to the
administrative officer for completeness review.
(2)
Upon determination that the application is complete,
the applicant shall submit 15 additional copies of all plans within
28 days of a scheduled meeting and the Secretary of the Board will
place the item on the agenda.
B.
Submission requirements.
(1)
Submission requirements for final major subdivision approval are provided in the Final Major Subdivision and Final Site Plan Checklist referred to in § 205-101.
(2)
The Secretary of the Board within five days of the
certification of completeness of an application for final approval
shall forward copies of the plan or plat to the following officials
for review and comment where appropriate:
(3)
The Board shall also have the authority to refer any
plan or plat to other agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies shall forward their
comments and recommendations in writing to the Board within 30 days
from the receipt of the final plat or site plan or by the date of
the scheduled public hearing.
D.
Notice of public hearing. At the time that the application
is deemed complete, the Board Secretary shall set a date for the public
hearing and notify the applicant of said date. After such notification
the applicant shall follow the procedures established in this chapter
with respect to the notice of hearing.
E.
Action.
(1)
The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions for preliminary approval, and, in the case
of a major subdivision, the standards prescribed in the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 23-9.9 et seq.). In the case of a
planned unit development, planned unit residential development or
residential cluster, the Board may permit minimal deviations from
the conditions of preliminary approval necessitated by change of conditions
beyond the control of the developer since the date of preliminary
approval without the developer being required to submit another application
for development for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the period prescribed shall constitute final approval
and a certificate of the administrative officer as to the failure
of the Board to act shall be issued on request of the applicant. Said
certificate shall be sufficient in lieu of the written endorsement
or other evidence of approval, herein required, and, in the case of
subdivision plans, shall be so accepted by the county recording officer
for purposes of filing.
(3)
Whenever review or approval of the application by
the County Planning Board is required, the Board shall condition its
approval 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.
F.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date on which the resolution of final approval
was adopted, 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 required time period. If the developer has followed
the standards prescribed for final approval and has duly recorded
the plat with the county recording officer, the Board 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 this chapter. Final approval shall entitle the
applicant to apply for a building permit.
(2)
Extension of approval rights for more than two years
in certain types of developments.
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more, or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply for thereafter, and
the Board may thereafter grant, an extension of final approval for
such additional period of time as shall be determined by the Board
to be reasonable taking into consideration the following:
(3)
Whenever Board grants any extension of final approval
and final approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The developer may apply for the extension either
before or after what would otherwise be the extension date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(1) or (2) above.
G.
Conditions of final approval.
(1)
Conditions of final approval. The Board may, as a
condition of final approval:
(a)
Grant final approval only for designated geographic
sections of the development, where development is to be phased.
(b)
Grant final approval for certain work but require
resubmission for final approval for designated elements, such as but
not limited to landscaping, signs and street furniture, 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 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 minor improvements, meeting performance standards
and similar items. A performance guaranty assuring the meeting of
conditions shall be posted by the applicant at the Board's request.
(2)
Conditions binding. All conditions of any preliminary
and final approval shall be binding upon all present and future owners,
tenants, occupants, lessors, lessees, heirs, assignees, developers,
contractors and subcontractors, and the same shall be set forth in
a developer's agreement in recordable form and approved by the Borough
Council.
(3)
Failure to maintain. All persons receiving development
approval for property or their successors in title shall be responsible
for installing, maintaining and properly utilizing on-site, off-site
and off-tract improvements required by the Board, including, but not
limited to, parking arrangements, buffer zones, drainage facilities,
exterior lighting plans and other requirements of the Board as reflected
on the plans and in the Board minutes. Failure of the property owner
to install, maintain and/or utilize improvements as provided by the
site plan approval shall constitute a violation of this chapter and
shall be subject to the enforcement procedures set forth herein.
H.
Notification to Tax Assessor of municipality. Upon
the filing of a plat showing the subdivision or resubdivision of land,
the county recording officer shall send a copy of such notification
to the Borough Tax Assessor at the same time that notification is
given to the Borough Board pursuant to N.J.S.A. 40:55D-54.
I.
Signatures required. If the Board favorably acts on a final plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures subject to § 205-97H to the plat or plan with a notation that it has received final approval and shall return same to the applicant for compliance with final approval requirements and payment of all fees.
J.
Filing with the County Planning Board. Any plats and
forms required to be filed with the Bergen County Planning Board shall
be prepared by the applicant and filed by the Secretary of the Borough
Board. The Secretary shall collect from the applicant any fees required
by the County Planning Board.
K.
Filing with county recording officer.
(1)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the applicant with the county
recording officer. The Board may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Board may extend the ninety-five-day
or one-hundred-ninety-day period if the applicant proves to the reasonable
satisfaction of the Board 1) that the applicant was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and 2) that the applicant applied promptly for and diligently
pursued required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Board. The developer may apply for an extension
either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by
the county recording officer until it has been approved by the Board
as indicated on the instrument by the signature of the Chairperson
and Secretary of the Board. The signatures of the Chairperson and
Secretary of the Board shall not be affixed until the developer has
posted the guarantees required by this chapter. If the county records
any plat without such approval, such recording shall be deemed null
and void, and upon request of the municipality, the plat shall be
expunged from the official records.
(3)
If shall be the duty of the county recording officer
to notify the Board in writing within seven days of the filing of
any plat, identifying such instrument by its title, date of filing,
and official number.
L.
Distribution of copies.
(1)
After the approval of a final major subdivision or
site plan, copies of the final plat or plan shall be filed by the
Board with the following:
(2)
In addition, duplicate Mylars of any final subdivision
plat shall be filed with the Board.
M.
Site plan and subdivision approval by Board of Adjustment.
Applications for site plan and/or subdivision approval heard by the
Board of Adjustment in connection with a variance request pursuant
to N.J.S.A. 40:55D-76 shall be governed by the relevant provisions
of this section. In the case of such applications, all references
in this section to the Planning Board shall be deemed to refer instead
to the Board of Adjustment.
A.
An applicant may file for amended site plan in connection
with a prior approved site plan.
B.
The applicant shall submit the required fee, three
copies each of the application, the amended site plan and the adopted
resolution of approval in connection with the prior approved site
plan to the administrative officer for completeness review.
C.
Upon determination that the application is complete,
the applicant shall submit 15 additional copies of all plans at least
28 days before a scheduled meeting and the Board Secretary will place
the item on the agenda.
A.
Application.
(1)
The applicant may apply for variances concurrently
with a subdivision or site plan application or the applicant shall
file for a variance with the Zoning Board of Adjustment where no subdivision
or site plan application is required.
(2)
The applicant shall submit the required fee
and three copies each of the application to the administrative officer
for completeness review.
(3)
If the application is deemed complete, the applicant
shall submit 15 additional copies of all plans at least 28 days before
a scheduled meeting.
B.
Notice of public hearing. At the time when the application
is deemed complete, the Board Secretary shall set a date for the public
hearing and notify the applicant of said date. After such notification,
the applicant shall follow the procedures established with respect
to notice of hearing.
C.
Action.
(1)
The Board shall approve, conditionally approve,
or deny a variance within 120 days of the certification that the application
is complete unless the applicant shall extend the period of time within
which the Board may act.
(2)
Failure of the Board to act within the period
prescribed shall constitute approval of the application and a certificate
of the administrative Officer as to the failure of the Board to act
shall be issued on request of the applicant. The certificate shall
be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be accepted by the county
recording officer for purposes of filing subdivision plats or deeds.
No application for development shall be deemed
complete unless the items, information and documentation listed for
each application checklist are submitted to the approving Board. If
any of the required items is not submitted, the applicant must request
a waiver and state the reasons for such request.[1]
[1]
Editor's Note: The following checklists are
on file in the Clerk's office: Sketch Plat and Concept Plan Checklist,
Minor Subdivision Checklist, Preliminary Major Subdivision Checklist,
and Final Major Subdivision and Final Site Plan Checklist
