The Construction Official shall review for completeness
the final site plan application as submitted and accept or reject
the submission as a complete application for final site plan approval
within 45 days of such submission. If the application is incomplete,
the application shall be returned to the applicant, and the Construction
Official shall state the reason for the rejection.
Upon the final approval of the site plan, copies
of the final site plan shall be filed by the Planning Board with the
following officials:
F. Other municipal, county or state officials as directed
by the Planning Board.
After the Planning Board approves a site plan
at a public meeting of the Planning Board, such approval shall have
the following effect:
A. All improvements illustrated and stated on the final
site plan shall be installed in accordance with the plans.
B. Performance and maintenance bonds may be required
and shall be released subject to approval by the Borough Engineer
and the Borough Council.
C. All standard minimum design criteria required by this
chapter shall be provided, whether or not they were specifically enumerated
in the site plan approval, and whether or not the plan approved indicated
the standard minimum design criteria specifically.
D. No changes shall be made with respect to any of the
construction and implementation of all improvements shown on the site
plan or required by ordinance, or required by the terms and conditions
of any variance granted.
E. The site plan approval shall expire two years after
the same was issued if no site plan construction was performed during
said period.
F. Certificates of occupancy, permanent and temporary,
shall be subject to the following:
(1) No building or site developed after the effective
date of this chapter shall be given a certificate of occupancy unless
and until all improvements required by the site plan approval and
this chapter and the terms and conditions of any variance granted
with regard to all construction items have been completed or performance
and maintenance guaranties filed in the manner required.
(2) A temporary certificate of occupancy with a definite termination date may be issued by the Construction Official with a limit for site work up to 120 days in the winter months and 60 days in the summer months. A temporary certificate of occupancy shall be issued only when the building complies with all applicable codes; and when access driveway and parking facilities are substantially completed, as determined by the Borough Engineer. Performance and maintenance guaranty requirements will still apply, as specified in Articles
VIII and
IX herein. The building may be used until the termination date set forth in such temporary certificate of occupancy unless such date is extended or permanent certificate of occupancy granted.
(3) No building or site shall be used or occupied without
a certificate of occupancy.
(4) No building or site shall be used after the termination date of any temporary certificate of occupancy unless a permanent certificate of occupancy has been granted. Penalties for violation of this provision shall be as specified in §
350-50 herein.
(5) The terms and conditions of any site plan approval
granted and the requirements of this chapter shall be deemed conditions
for the continued existence of any certificate of occupancy issued.
Any unapproved change from the approved site plan shall be a violation
of this chapter and a violation of the terms and conditions of the
site plan approval. Such unauthorized change shall terminate the certificate
of occupancy issued. Each day of violation shall be a separate violation
of this chapter.
(6) No person shall use any building or site for any use
other than the use applied for in connection with a site plan application.
Each site plan approval shall state the use or uses approved and,
where more than one use is involved, the location and square-foot
areas of each use specified.
(7) Prior to the issuance of a temporary or permanent
certificate of occupancy, the applicant shall file a certification
by a licensed professional engineer or architect that all necessary
work required under the site plan approval and all necessary construction
shown on the approved site plan has been completed in accordance with
the plan approved, including all conditions of the site plan approval,
all minimum design criteria required by ordinance and all construction
work shown on the plan approved.
(a)
If any such construction work was not so completed,
or was changed, the certification shall so state, and indicate each
and every change, and as to each of such changes, in such case, the
applicant shall file as-built plans showing each and every change
superimposed on a copy of the site plan approved so that the differences
may be easily seen.
(b)
In the event that there are changes not previously
approved by the Planning Board, no certificate of occupancy shall
be issued until the work has been completed in accordance with a site
plan resolution of the Planning Board. The Planning Board may amend
its site plan approval to approve the change or may refuse to do so.