A.
Except as provided herein, no building or excavation
or occupancy permit shall be issued for a building, structure or use,
or any enlargement, expansion or change of use or occupancy, unless
a site plan is first submitted and approved by the approving authority.
B.
No certificate of occupancy shall be given unless
all construction and conditions conform to the site plan as approved,
unless conditionally approved by the approving authority as provided
herein.
A.
Site plan review shall not be required for single-family
detached dwellings or for such accessory uses as a private garage,
toolhouse, garden and private green houses, swimming pools and other
similar uses incidental to a single detached dwelling or for similar
improvements as accessory uses to a principal use. The exceptions
listed herein shall not be applicable to planned development groups.
B.
Site plan approval shall not be required where:
(1)
Minor repairs to the interior of a building does not
involve structural change or enlargement of the building, as determined
by the Construction Official.
(2)
Renovations or alterations to the exterior design
of a building or structure which does not involve any enlargement
of the building or major structural change, as determined by the Construction
Official.
C.
However, the Construction Official or Zoning Officer, at his or her discretion, may refer any application for a building permit to the approving authority for site plan approval, Subsection B(1) and (2) notwithstanding, where, in the inspector's judgment, the construction, reconstruction, alterations or change of use or occupancy will affect circulation, water supply, sewerage disposal, garbage compactors, drainage, landscaping, signs, lighting, off-street parking or loading or the lack of any or all of these factors, environmental factors and other considerations as specified in this chapter.
A.
An application shall be submitted to the administrative officer, in writing, in duplicate on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 28 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.
[Amended 3-8-1983 by Ord. No. 83-4; 5-10-1983 by Ord. No.
83-5]
B.
The approving authority shall accept simultaneous
applications for preliminary and final site plan approval, where so
requested by the applicant, provided that all of the conditions, requirements
and safeguards established for preliminary and final site plan approval
are adhered to.
C.
Notice for public hearing; minor site plan approval.
[Added 11-10-1980 by Ord. No. 80-10]
(1)
The approving authority may waive notice and public
hearing for an application if the approving authority finds that it
conforms to the definition of "minor site plan." Minor site plan approval
shall be deemed to be final approval of the site plan by the authority,
provided that the approving authority may condition such approval
on terms ensuring the provision of improvements pursuant to N.J.S.A.
40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
[Amended 3-8-1983 by Ord. No. 83-4]
(2)
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the approving authority
to act within the period prescribed shall constitute minor site plan
approval.
[Amended 3-8-1983 by Ord. No. 83-4]
(3)
Whenever review or approval of the application by
the Bergen County Planning Board is required by Section 8 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.6), the approving authority 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 by its failure to report thereon
within the required time period.
[Amended 3-8-1983 by Ord. No. 83-4]
(4)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted, shall not be changed for a period of two years after
the date of minor site plan approval.
A.
Preliminary site plan review.
(1)
The applicant shall submit the preliminary site plan
application and plat maps and payment of all required fees to the
administrative officer, who shall submit copies of the preliminary
plat to the following:
(a)
Approving authority attorney.
(b)
Borough Engineer.
(c)
Planning consultant.
(d)
Construction Code Official.
[Amended 11-13-1978 by Ord. No. 78-16]
(e)
Board of Health.
(f)
Department of Public Utilities.
(g)
Fire Department.
(h)
Police Department.
(i)
Department of Public Works.
(j)
Borough Administrator.
(k)
Other municipal officials and agencies as directed
by the approving authority.
(2)
Said professionals and boards shall make recommendation
to the approving authority in writing within 14 days of the application
submission. The approving authority shall take said recommendations
into account, but shall have the authority to proceed in the absence
of such recommendations which are not essential to its determination.
(3)
If an application for development is found to be incomplete,
the developer shall be notified in writing of the deficiencies therein
by the Board or the Board's designee for the determination of completeness
within 45 days of the submission of such application or it shall be
deemed to be properly submitted.
[Amended 11-10-1980 by Ord. No. 80-10]
(4)
Where adjustments or changes are required in the site
plan submission, the applicant shall be required to modify the plat
in order to qualify as a perfected application as to content and for
public hearing purposes.
B.
Other governmental approvals. Any preliminary site
plan approval required for county site plan approval or for any other
county, state or federal agency shall be submitted by the applicant
for review and approval. The approving authority shall not take any
final action until approval is granted by said governmental agency
or a statement authorizing the municipal approving authority to proceed
in its application.
C.
Public hearings. Upon submission of a perfected application, at the direction of the approving authority, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 87-7C for public hearings.
D.
Time period in which to act.
(1)
Upon the submission to the administrative officer
of a complete application for a site plan which involves 10 acres
of land or less, and 10 dwelling units or less, the approving authority
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 approving authority 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 developer. Otherwise, the
approving authority shall be deemed to have granted preliminary approval
of the site plan.
[Amended 11-10-1980 by Ord. No. 80-10; 3-8-1983 by Ord. No.
83-4]
(2)
Failure of the approving authority to act within the
prescribed time periods or to obtain an extension from the applicant,
in writing, shall constitute a preliminary approval by the approving
authority.
E.
Applicant's responsibilities. Prior to approving authority
acceptance of a preliminary site plan or a simultaneous site plan
for preliminary and final approval, the applicant shall be required
to:
(1)
Enter into a developer's agreement, prepared by the
approving authority attorney, setting forth the obligations of all
parties.
(2)
Enter into a performance guaranty agreement, in a form satisfactory to the approving authority and Borough, complying with Articles XI and XII where appropriate, guaranteeing performance to the developer's agreement.
(3)
The conveyance of any easements, rights-of-way or
public lands in a form and under conditions satisfactory to the approving
authority and the Borough.
(4)
Maintenance guaranties, if any, for work completed
prior to final approval.
(5)
Evidence of compliance with any other conditions imposed
by the approving authority or other governmental agency or utility.
(6)
Payment of all required fees as required herein.
(7)
Proof of payment of taxes.
A.
Preliminary approval of a site plan shall 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-tract and off-tract
improvements; and any requirements peculiar to the specific site plan.
The municipality may modify by ordinance such general terms and conditions
of preliminary approval as they may 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 site plan.
(3)
In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection A(1) and (2) above for a time period longer than three years as shall be determined by the approving authority 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 thereafter apply for and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority 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.
B.
Failure to obtain final approval within the prescribed
time limits as herein defined shall void the preliminary plat approval.
[Amended 3-8-1983 by Ord. No. 83-4; 5-10-1983 by Ord. No.
83-5]
An application shall be submitted to the administrative officer, in writing, in duplicate on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 28 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.
A.
Final site plan review.
(1)
The applicant shall submit the final site plan application
and plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the plat to the following:
(a)
Approving authority attorney.
(b)
Borough Engineer.
(c)
Planning consultant.
(d)
Construction Code Official.
[Amended 11-13-1978 by Ord. No. 78-16]
(e)
Board of Health.
(f)
Department of Public Utilities.
(g)
Fire Department.
(h)
Police Department.
(i)
Department of Public Works.
(j)
Borough Administrator.
(k)
Other municipal officials and agencies as directed
by the approving authority.
(2)
Said professionals and boards may make recommendations
to the approving authority, in writing, within 14 days of the application
submission. The approving authority shall take said recommendations
into account, but shall have the authority to proceed in the absence
of such recommendations if the approving authority finds such recommendations
not to be essential to its determination.
(3)
The approving authority shall review the application
for final site plan approval with or without conditions, provided
that the following requirements have been met:
(a)
The detailed drawings, specifications and estimates
meet all applicable codes and ordinances.
(b)
The final plans are substantially the same as
the approved preliminary site plan and conditions governing same.
(c)
All improvements have been installed or bonds
posted to ensure the installation of improvements.
(d)
The applicant agrees, in writing, to all conditions
of final approval.
(e)
Proof has been submitted that no taxes or assessments
for local improvements are due or delinquent for which final site
plan approval is sought.
(f)
All applicable fees have been paid prior to
any final action by the approving authority.
(g)
Requirements of other governmental units have
been complied with.
B.
Other governmental approvals. Any final site plan approval required for county approval or any other county, state or federal agency approval shall be submitted by the applicant for review and approval in accordance with § 87-12 herein.
C.
Time period in which to act.
(1)
The approving authority shall grant, condition or
deny final site plan approval within 45 days from receipt of a perfected
and complete site plan application or within such further time as
may be consented to by the applicant.
(2)
Failure of the approving authority to act within the
prescribed time period or to obtain an extension from the applicant,
in writing, shall constitute final approval, and a certificate of
the administrative officer as to the failure of the approving authority
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval.
D.
Final site plan approval authorization. Upon approval
of the site development plan and upon compliance with all conditions,
the Engineer and the Chairman and the Secretary of the approving authority
shall be authorized to sign the plan and the Secretary shall affix
the seal of the Board. The applicant shall provide seven copies of
the approved site plan to the administrative officer who shall file
a copy thereof with each of the following:
A.
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.
B.
Final approval shall expire two years from the date
of granting final approval unless actual construction takes place.
"Actual construction" is defined as the placing of construction materials
in their permanent position, fastened in a permanent manner. An applicant
whose site plan approval has expired may resubmit a site plan.
C.
In the case of site plan for a planned development
of 50 acres or conventional site plan for 150 acres or more, the approving
authority may extend the rights granted under final approval for such
period of time longer than two years as shall be determined by the
approving authority 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 applicant may thereafter apply for and the
approving authority may thereafter grant an extension of final approval
for such additional time as shall be determined by the approving authority
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.
A.
Compliance.
(1)
All proposed improvements of development indicated
on the approved site plan shall meet the requirements of all applicable
codes, ordinances and specifications of the community, county, state
or federal governments and other agencies with jurisdiction over matters
pertaining to site development.
(2)
It shall be the joint responsibility of the Engineer
and the Construction Code Official to enforce their respective rules
and regulations to ensure compliance with the site plan approval map
and other specified conditions as may be imposed on the development.
B.
Site plan binding. The site plan, as approved by the
approving authority, shall be binding upon the applicant. Any changes
from the approved plan shall require resubmission and reapproval by
the approving authority.
C.
Revocation of building permit or certificate of occupancy.
In the event of a failure to comply with any condition of site plan
approval, the Construction Code Official or Zoning Officer, on his
own initiative or upon recommendation from the Borough Attorney, 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.
[Amended 11-13-1978 by Ord. No. 78-16]
