[Added 12-27-78 by Ord. No. 2248-781]
[Amended 12-1-1998 by Ord. No. 2872-98]
No building permit shall be issued for any of the uses listed below unless a site plan application shall first have been approved by the Planning Board or Zoning Board of Adjustment:
A. 
Any use other than a one- or two-family dwelling involving the construction or major alteration of same.
B. 
Conditional uses.
C. 
Use variances.
D. 
Parking areas for more than four or more vehicles.
All development review filing procedures shall be in accordance with the provisions of this chapter.
A. 
Applications to Planning Board. Applications for development within the jurisdiction of the Planning Board shall be filed in accordance with § 51-9 or 51-9.1 and in accordance with § 51-57.
[Amended 12-1-1998 by Ord. No. 2872-98; 11-25-2003 by Ord. No. 3035-03]
B. 
Applications to the Board of Adjustment. Applications for development before the Board of Adjustment shall be filed in accordance with the provisions of § 51-19 of the Code.
[Amended 6-28-2011 by Ord. No. 3231-11]
A. 
Development proposals shall be deemed filed with the Planning Board or the Zoning Board of Adjustment, as applicable, (the "Municipal Agency") for purposes of determining the completeness of the development proposal on the date the application for development together with all required filing fees and escrow payments are received by the Municipal Agency. The period of 45 days within period within which the Municipal Agency shall determine if an application for development is complete, pursuant to N.J.S.A. 40:55D-10.3, shall commence on the date an application is filed.
B. 
The Municipal Agency, through its engineer, shall review and take action on accepting or rejecting the application for development as a complete application. If not found to be complete, the applicant shall be notified in writing of the deficiencies within 45 days of the date on which the application was filed. An applicant may request that one or more of the submission requirements be waived. An applicant may appeal to the Municipal Agency any determination by the Municipal Engineer which appeal shall be heard and determined at the next regularly scheduled meeting of the Municipal Agency. If an application for development is deemed complete, such application for development shall be heard and determined within the time periods set forth elsewhere in this chapter and/or under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The municipal agency shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer's being required to make further application or the municipal agency's being required to hold further hearings. The longest time period for action by the municipal agency, beyond which time a development proposal shall be deemed approved, whether for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended 3-16-1999 by Ord. No. 2886-99]
A. 
Contents. The minor subdivision plat shall be clearly and legibly drawn by a licensed New Jersey engineer, land surveyor or architect and shall be at a scale of not less than one inch equals 50 feet. The minor plat shall contain the following:
(1) 
The location of that portion which is to be developed in relation to the entire tract.
(2) 
The tract name, Tax Map sheet, block and lot number, date, reference, meridian, graphic scale and the following names and addresses:
(a) 
The name and address of the record owner or owners.
(b) 
The name and address of the developer.
(3) 
Existing and proposed lot lines and dimensions.
(4) 
The location of existing streets and buildings within 200 feet thereof.
(5) 
A copy of any protective covenants or deed restrictions applying to the land being developed.
(6) 
Certification by the Collector of Taxes that all taxes are paid to date.
(7) 
Compliance with all zoning requirements.
(8) 
Availability of existing utilities, if pertinent.
(9) 
Spot elevations on the building site.
(10) 
Compliance with flood regulations.
(11) 
Vehicular and pedestrian ingress and egress and circulation within the site.
(12) 
Architectural plans and elevations.
(13) 
Lighting and landscaping plans.
A.1. 
All applications for minor subdivision approval shall include a survey prepared no more than five years prior to the filing of the application and certified to the owner of record as of the date of the application.
[Added 6-28-2011 by Ord. No. 3231-11]
B. 
Upon receipt of a complete application for minor subdivision approval, and in accordance with the rules and regulations of the Board, the Board shall schedule a date of hearing and give due notice to the applicant, who shall, in accordance with this chapter and the Municipal Land Use Act (N.J.S.A. 40:55D-12), notify the surrounding property owners of such hearing. No action shall be taken until completion of the public hearing.
C. 
Should the municipal agency determine that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the municipal agency may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect.
D. 
The following rights shall be conferred upon minor subdivision approval. Upon approval of a minor subdivision, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision was granted, shall not be changed for a period of two years after the date of approval, provided that in the case of minor subdivision, the same shall have been duly recorded pursuant to the Map Filing Law.
Preliminary plats are required for all site plans and major subdivisions. The following shall apply:
A. 
Filing procedure. A developer shall file preliminary major subdivision applications or site plans with the Building Inspector as prescribed in § 51-9 of the Code.
(1) 
All applications for site plan and major subdivision approval shall include a survey prepared no more than five years prior to the filing of the application and certified to the owner of record as of the date of the application.
[Added 6-28-2011 by Ord. No. 3231-11]
B. 
Referral to agencies and officials. The Planning Board shall submit one copy of the plat and supporting data to the following officials and agencies, where appropriate, for review and recommendation: the County Planning Board, Municipal Engineer, Board of Health, Building Inspector and any other officials or agency affected by the subdivision. Upon mutual agreement between the County Planning Board and the municipal agency, with approval of the applicant, the thirty-day period for a County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the municipal agency is required to act.
C. 
Preliminary approval of site plans; time requirements. The municipal agency shall grant or deny a preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
(1) 
A site plan for 10 acres of land or less: within 45 days of submission of a complete application.
(2) 
A site plan of more than 10 acres of land: within 95 days of submission of a complete application.
(3) 
Upon receipt of a complete application for site plan approval, and in accordance with the rules and regulations of the Board, the Board shall schedule a date of hearing and give due notice to the applicant, who shall, in accordance with this chapter and the Municipal Land Use Act (N.J.S.A. 40:55D-12), notify the surrounding property owners of such hearing. No action shall be taken until completion of the public hearing.
D. 
Substantial amendments; rehearing. If the approving authority requires any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the developer, and that plan had been the 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. The municipal agency shall, if the proposed development complies with this chapter, grant preliminary approval.
E. 
Preliminary agency action. Following required public hearing, the municipal agency may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be sent to the applicant. If the municipal agency grants preliminary approval, its chairman and secretary (or the vice chairman or assistant secretary in their absence, respectively) and the Borough Engineer, for subdivisions only, shall sign each page of the preliminary plat for a subdivision or site plan. If the plat is conditionally approved, it shall not be signed until all conditions are satisfied. If all conditions are not met, the conditional approval shall lapse.
F. 
Preliminary approval; rights conferred. Preliminary approval 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 off-tract improvements; any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(3) 
That the applicant may apply for and the municipal agency may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
A. 
Filing procedures.
(1) 
The developer shall file final major subdivision applications or site plans with the Building Inspector, as prescribed in § 51-9 of the Code.
(2) 
The final plat shall be accompanied by letters directed to the chairman of the municipal agency and signed by a responsible officer of the applicable sewer authority and utility companies having jurisdiction in the area, which authority and companies provide water, gas, electricity and sewerage. Such letters shall review each proposed utility installation design and state the adequacy of the facility.
(3) 
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements, both in the development and off-tract improvements, in exact location and elevation; that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the subdivider has either:
(a) 
Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval with a maintenance guaranty accompanying the final plat; or
(b) 
Posted a performance guaranty in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated.
B. 
Action by the municipal agency.
(1) 
The municipal agency shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
(2) 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the municipal agency 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.
(3) 
Pursuant to N.J.S.A. 40:55D-52, the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Act,[1] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the time period conferred upon the applicant by the granting of preliminary approval shall be terminated.
[1]
Editor's Note: "The Act" refers to the Municipal Land Use Law, N.J.S.A. 40:550-1 et seq.
(4) 
The developer shall supply sufficient copies of the approved final plat so that the administrative officer can distribute one copy of each to the following: Borough Clerk, Borough Engineer, Municipal Tax Assessor, Planning Board and any other agency or person directed by the municipal agency.
(5) 
In order for a subdivision plat to be accepted for filing by the county recording officer, such plat shall first have been approved by the municipal agency as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate shall have been issued as to the failure of the municipal agency to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void and, upon request of the Borough, the plat shall be expunged from the official record.
[Amended 11-25-2003 by Ord. No. 3035-03]
A. 
Purpose. The purpose of this section is to establish the procedure for Planning Board review and action on applications for site plan approvals. The procedure is intended to provide orderly and expeditious processing of such application.
(1) 
At the request of either the developer or the Borough employee designated to receive development application, a preapplication conference may be held before the Site Plan Review Advisory Board, as authorized by N.J.S.A. 40:55D-39f. The purpose of the preapplication conference is to:
(a) 
Acquaint the applicant with the substantive and procedural requirements of the Subdivision and Site Plan Ordinance.
(b) 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements.
(c) 
Advise the applicant of any public sources of information that may aid the application.
(d) 
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(e) 
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.
(f) 
Permit input into the general design of the project.
(2) 
The preapplication conference allows the applicant to meet with appropriate Borough representatives who constitute the Site Plan Review Advisory Board. These individuals, who shall be designated by the Mayor and governing body, may include;
(a) 
Borough Administrator.
(b) 
Borough Engineer.
(c) 
Borough Planner.
(d) 
Borough Construction Officer and/or Borough Zoning Officer.
(e) 
Representative(s) from the Planning Board;
(f) 
Legal representatives, as deemed appropriate.
(g) 
Representatives from Borough Environmental, Historic Preservation and other Commissions, as deemed appropriate.
(h) 
Subdivision and Site Plan Committee or representative(s) if this Committee is established.
(i) 
Any other Borough representative(s) invited by the Planning Board Chairperson or the Borough Administrator.
(3) 
Applicants seeking a preapplication conference shall submit the information set forth in § 51-57B at least 20 days before the preapplication conference.
(4) 
The applicant shall not be required to pay a fee for the preapplication conference. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 20 working days after the conference.
(5) 
The applicant shall not be bound by the determination of the preapplication conference nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.
B. 
Submissions by applicant. Applicants shall be required to submit the following for the purpose of conducting a preapplication conference:
(1) 
Name and address of owner and name and address of applicant.
(2) 
Name, signature, license number and address of engineer, land surveyor, architect, professional planner and/or landscape architect, as applicable, involved in preparation of plat.
(3) 
Title block denoting type of application, Tax Map sheet, county, name of municipality, block and lot and street location.
(4) 
A key map at specified scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc., within 500 feet.
(5) 
A schedule of required and provided zone district(s) requirements, including lot area, width, depth, yard setbacks, building coverage, open space, parking, etc.
(6) 
North arrow and scale.
(7) 
Basic depiction of wetlands, topography and other environmental conditions affecting proposed development.
(8) 
Such other items as shall reasonably be requested by the Site Plan Review Advisory Board.
(9) 
Such other items as the applicant deems necessary for review by the Site Plan Review Advisory Board.
A. 
Performance and maintenance guaranties.
(1) 
Before approval of final subdivision plats or as a condition of final site plan approval, the municipal agency may require and shall accept in accordance with the standards adopted by this chapter, for the purpose of assuring the installation and maintenance of on-tract improvements:
(a) 
The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvements it 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.
(b) 
Provision for a maintenance guaranty to be posted with the governing body 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.
(2) 
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that 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 municipality for such utilities or improvements.
B. 
The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which performance guaranty has been provided may be extended by said body by resolution.
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. 
When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Borough Clerk of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
E. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said municipal agency with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
F. 
If any portion of the required improvements are rejected, the municipal agency may require the obligor to complete such improvements and, upon completion, 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 of the governing body or the Borough Engineer.