A.
Except as provided herein, no building or excavation
permit shall be issued for a building, structure or use or any enlargement,
expansion or change of use 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. Site plan review shall not be required for single-family detached dwellings or for such accessory uses as private garages, toolhouses, gardens and private greenhouses, swimming pools and other similar uses incidental to a single-family detached dwelling or for similar improvements as accessory uses to a principal use, except as may be provided in Subsection C below and except for community residences for developmentally disabled and community shelters for victims of domestic violence.
[Amended 4-20-1981 by Ord. No. 81-7]
B.
C.
Approving authority approval. The Construction Code
Official, at his discretion, may refer any application for a building
permit to the approving authority for site plan approval where, in
the Construction Code Official's judgment, the construction, reconstruction,
alteration or change of use will affect motor vehicle and pedestrian
circulation, drainage, water supply, sewerage disposal, landscaping,
signs, lighting, off-street parking or loading or any lack of any
or all of these factors, environmental factors and other considerations
as specified in this chapter.
A.
In cases where an applicant proposes to expand or
otherwise enlarge an existing use, structure or building, the standards
established by this chapter shall be applicable only to the new addition,
provided that the same constitutes a small addition.
B.
Under the terms of this chapter, a small addition
shall not exceed 15% of the gross floor area of an existing use or
1,000 square feet, whichever shall be the lesser. All other additions
shall fully comply with the provisions of this chapter.
A.
Planning Board as approving authority. In accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning
Board shall act as approving authority for site plan approval, either
individually or as part of a simultaneous application, as follows:
(1)
For preliminary and final site plans.
(2)
For site plans which also require minor or major subdivision
approval.
(3)
For site plans which require conditional use approval.
(4)
For site plans which also require planned development
approval.
(5)
For site plans in which a variance request (in accordance
with N.J.S.A. 40:55D-60) from lot area, lot dimension, setback and
yard requirements is sought, provided that relief from lot area requirements
shall not be granted for more than one lot.
B.
Board of Adjustment as approving authority. In accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Board
of Adjustment shall act as approving authority for site plan approval
where a use variance, pursuant to N.J.S.A. 40:55D-70, Subdivision
d, is requested in which a site plan is part of the application.[1]
[1]
Editor's Note: Original § 83A-3.430,
Planning Board and Board of Adjustment as approving authority, which
immediately followed this subsection, was repealed 4-20-1981 by Ord.
No. 81-7.
C.
Exception in application of site plan regulations.
The approving authority, when acting upon applications for site plan
approval, shall have the power to grant such exceptions from the requirements
of this chapter as may be reasonable and within the general purpose
and intent of the provisions for site plan review, if the literal
enforcement of one or more provisions of this chapter is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land sought to be developed.
D.
Simultaneous review and approval. The approving authority
shall have the power to review and approve one or more land use ordinance
requirements simultaneously with review for site plan approval without
the applicant being required to make further application to the approving
authority or the approving authority being required to hold further
hearings. The longest time period for action by the approving authority,
whether it be for subdivision, conditional use, site plan approval
or variance, shall apply. Whenever approval of a conditional use or
a use variance is requested by the applicant, notice of the hearing
on the plat shall include reference to the request for such conditional
use or use variance.
E.
Informal review of concept plan.
At the request of a developer, the approving authority shall grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The developer shall be required to post any and all escrow fees as
required by the approving authority for said informal review. The
developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
[Added 2-18-1980 by Ord. No. 80-3; amended 12-4-2019 by Ord. No. 19-14]
A.
Preliminary site plan approval. The application fees
for preliminary site plan approval shall be as set forth in Schedule
A of this chapter[1] and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the municipality.
[1]
Editor's Note: Schedule A is on file in the
office of the Borough Administrator.
B.
Final site plan approval. The application fees for
final site plan approval shall be as set forth in Schedule B of this
chapter[2] and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the municipality.
[2]
Editor's Note: Schedule B is on file in the
office of the Borough Administrator.
C.
Simultaneous filing for preliminary and final site
plan approval. The application fees for simultaneous applications
for preliminary and final site plan approval shall be as set forth
in Schedule C of this chapter[3] and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the municipality.
[3]
Editor's Note: Schedule C is on file in the
office of the Borough Administrator.
D.
Existing building occupancy or change of use approval.
The application fees for existing building occupancy or change of
use approval shall be as set forth in Schedule D of this chapter[4] and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the municipality.
[4]
Editor's Note: Schedule D is on file in the
office of the Borough Administrator.
E.
Filing fees for amended site plan application. The
application fees for an amended site plan application shall be as
set forth in Schedule E of this chapter[5] and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the municipality.
[5]
Editor's Note: Schedule E is on file in the
office of the Borough Administrator.
F.
Inspection fees. The applicant shall deposit the sum
of 3% of the estimated cost of the improvements required by the site
plan approval to cover engineering investigation and inspection of
construction, together with a sum sufficient, in the opinion of the
approving authority, for all other costs concerning the application.
G.
Fees for specific services. The fees for reproduction
of minutes of meetings, transcripts, copies of decisions and certified
lists of persons requiring notice, and other miscellaneous services,
shall be as set forth in Schedule F of this chapter.[6]
[6]
Editor's Note: Schedule F is on file in the
office of the Borough Administrator.
H.
Escrow fees.
(1)
When required.
(2)
How determined. Upon receipt of an application requiring
escrow fees, the administrative officer shall send a copy of the application
and one set of all maps and reports to the Municipal Engineer, the
approving authority attorney and any other approving authority professional
consultants. Within seven days of the receipt of a copy of the application,
said professional consultants shall submit an estimate of the funds
sufficient in amount to pay for the technical reviews, reports and
other services they deem will be necessary concerning the application.
After receipt of such estimated fees, the approving authority shall
determine the funds necessary to pay its professional consultants
for anticipated services to be rendered concerning the application,
and the applicant shall forthwith deposit the required funds with
the municipality to be maintained in an escrow account to be used
for the payment of professional services rendered to the approving
authority by its consultants in the following manner:
(a)
The professional consultants shall submit vouchers
to the municipality for their services and, upon approval of the approving
authority, the vouchers shall be paid from the applicant's escrow
account. The applicant may request of the approving authority copies
of vouchers submitted for payment from the applicant's escrow account
and may request the opportunity to be heard by the approving authority
concerning such vouchers prior to their being approved for payment.
(b)
The balance remaining in the applicant's escrow
account upon final action on the application shall be returned to
the applicant.
(c)
In the event that the funds deposited by the
applicant are found to be insufficient to pay the approving authority's
professional consultants for their services, the approving authority
may require the applicant to deposit additional funds with the municipality
for that purpose.
(d)
The administrative officer shall notify the
approving authority's professional consultants when the escrow deposits
have been made and that they may begin their reviews of the application.
(e)
The approving authority shall take no formal
action concerning the application unless all application fees and
escrow fees have been paid to the municipality.
As a further condition to approval by the approving
authority and the issuance of a building permit, the applicant shall
be required to enter into a developer's agreement with the municipality
specifying the conditions of approval and the work to be performed
by the applicant.
A.
When required. A public hearing shall be required
for the following preliminary applications:
B.
Availability of maps and documents prior to hearing.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days prior
to the date of the hearing during normal business hours in the office
of the Municipal Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previous filed maps and documents.
C.
Notice of public hearings.
[Amended 2-18-1980 by Ord. No. 80-3]
(1)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an opportunity above or below it. Notice shall be given by:
(a)
Serving a copy thereof on the property owner,
as shown on said current tax duplicate, or his agent in charge of
the property; or
(b)
Mailing a copy thereof by certified mail to
the property owner at his address as shown on said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its President,
a Vice President, Secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas erected within 200 feet of the property which is the matter
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
(2)
Said notice shall state the date, time and place of
the hearing; the nature of the application and the matters to be considered
by the approving authority; the identification of the property proposed
for subdivision or development by its street address; and current
tax lot and block numbers. The notice shall also state that the maps
and documents concerning the application will be available for public
inspection at the Municipal Clerk's office during normal business
hours. Notice shall be given at least 10 days prior to the date of
the public hearing.
(3)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the municipality at least
10 days prior to the public hearing.
(4)
Proof of service upon property owners and proof of
publication on affidavit form shall be submitted to the administrative
officer at least 48 hours prior to the public hearing.
D.
Certification of list of persons entitled to notice. Upon the written request of an applicant, the Tax Assessor or, in the Assessor's absence, the Borough Engineer, shall, within 10 business days, make and certify a list from said current Tax Map and tax duplicate of the lot and block numbers and names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection C of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on said list shall not invalidate any hearing or proceeding. The applicant shall pay a fee of $0.25 for each name or $10, whichever is the greater for such list.
[Amended 2-18-1980 by Ord. No. 80-3; 5-18-1998 by Ord. No.
98-1]
E.
Other notifications.
(1)
Adjoining municipalities. Notice of all hearings on
applications for development involving property located within 200
feet of an adjoining municipality shall be given by personal service
or certified mail to the Clerk of such municipality.
(2)
Bergen County Planning Board. Notice of all hearings
on applications for the development of property adjacent to an existing
county road or proposed road shown on the Official County Map or on
the County Master Plan, adjoining other county land or situated within
200 feet of the municipal boundary, shall be given by personal service
or certified mail to the Bergen County Planning Board.
(3)
Commissioner of Transportation. Notice of all hearings
on applications for development of property adjacent to a state highway
shall be given by personal service or certified mail to the Jersey
Commissioner of Transportation.
(4)
Department of Community Affairs. Notice of all hearings
on any applications for development of property which exceeds 150
acres or 500 dwelling units shall be given to the New Jersey Division
of State and Regional Planning in the Department of Community Affairs.
The notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk concerning such application.
(5)
Effect of mailing notice. Notice made by certified
mail shall be deemed complete upon mailing.
F.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographer, mechanical or electronic means. The approving authority
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party at his expense. The charge to an
interested party for a transcript shall not be more than the actual
cost of preparing the transcript, and such transcripts shall be certified,
in writing, by the transcriber to be accurate.
[Amended 2-18-1980 by Ord. No. 80-3[1]]
G.
Written findings and conclusions.
[Amended 2-18-1980 by Ord. No. 80-3]
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of fact and conclusions based thereon.
(2)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(3)
The approving authority may provide such written decision
and findings and conclusions either on the date of the meeting at
which the approving authority grants or denies approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the approving authority thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the approving authority who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the approving
authority and not to be an action of the approving authority; except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
(5)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of decision for purposes of the mailings, filings
and publications required by law.
H.
Notification of decisions. A copy of the decision
shall be mailed by the approving authority within 10 days of the date
of the decision to the applicant or, if represented, to his attorney
without separate charge, and to all who may request a copy of the
decision for a reasonable fee. A copy of the decision shall also be
filed by the approving authority in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
I.
Publication of notice of decision. A brief notice
shall be published in the official newspaper of the municipality.
The period of time from which an appeal of the decision may be made
shall run from the publication of the decision.
A.
Site plan amendments. Amended site plan applications
shall be filed with the approving authority and shall be considered
at the next regular meeting date of the approving authority, provided
that the complete amended application is received no less than 14
days before said meeting date and said amendments are minor in nature.
B.
Compliance.
(1)
All proposed improvements or development indicated
on the approved site plan map shall meet the requirements of all applicable
codes, ordinances and specifications of the municipality, county,
state and/or federal governments and their agencies with jurisdiction
concerning the site development.
(2)
It shall be the joint responsibility of the Municipal
Engineer and Construction Code Official to enforce their respective
rules and regulations to ensure compliance with the site plan approval
and specified conditions imposed by the approving authority.
C.
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 or approved amendments as provided in Subsection A.
D.
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, on his own initiative or
upon recommendation from the Municipal Engineer, may revoke the building
permit or certificate of occupancy, as the case may be, and enforce
the terms and conditions of the site plan approval in such other manner
as permitted by law.
E.
Action subject to other governmental approvals.
(1)
Any application for site plan approval which either
required municipal approval prior to other governmental action or
requires extensive review and consideration by other governmental
agencies may be granted conditional site plan approval by the approving
authority. The conditional approval shall expire within one year if
the applicant does not file for final site plan approval with the
approving authority.
(2)
In the event that the design and layout have been
affected by other governmental requirements, the applicant shall make
application for an amended site plan approval and pay the required
application fees and deposit the escrow funds required by this chapter.
A.
Any change in use, ownership or occupancy of an existing
nonresidential structure or use shall require approval by the approving
authority prior to the issuance of a certificate of occupancy by the
Construction Code Official.
B.
The applicant shall be required to submit a change
of use application and an accompanying sketch plat indicating the
location and layout of all existing structures, lot configuration,
general parking and loading areas, lighting, drainage, landscaping
and other general site factors. In lieu of such sketch plat, the applicant
may refer to prior site plans for the premises filed with the approving
authority with appropriate notations indicating any changes made on
the premises since the earlier site plan approval.
C.
If the approving authority determines that the change
of use or intensity of activity does not require additional improvements,
the approving authority shall approve the application or conditionally
approve the application and forward a copy of its action to the Construction
Code Official.
D.
If the approving authority determines that certain
improvements are required, it may require submission of a partial
or complete site plan application as provided by this chapter.
E.
Upon request of an applicant, the approving authority
may waive the requirements of this section for premises consisting
of less than 1,000 square feet in a building that has several occupants,
provided that the approving authority is satisfied that the change
of occupancy does not materially affect the use or intensity of activity
on the premises.
