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. 
Site plan approval. Site plan approval shall not be required when:
(1) 
Minor repairs to the interior of a building do not involve structural change or enlargement of the building, as determined by the Construction Code Official, except as may be provided in Subsection C below.
(2) 
Renovations or alterations to the exterior design of a building or structure do not involve any enlargement of the building or major structural change, as determined by the Construction Code Official, except as may be provided in Subsection C below.
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.
D. 
Required approval. Except as provided in Subsection B, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on or in a nonconforming structure, use or lot shall require site plan approval.
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.
(a) 
In addition to the required application fees, the applicant shall be required to establish one or more escrow accounts with the municipality for the purpose of paying the municipality's expenses for professional services concerning the application.
(b) 
The escrow fees shall be required for:
[1] 
Preliminary site plan approval.
[2] 
Final site plan approval.
[3] 
Any site plan requiring conditional use approval.
[4] 
Any site plan requiring subdivision approval.
[5] 
Any site plan requiring planned development approval.
[6] 
Any site plan requiring a variance of any type.
(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:
(1) 
Site plan approval.
(2) 
Any site plan requiring conditional use approval.
(3) 
Any site plan requiring subdivision approval.
(4) 
Any site plan requiring planned development approval.
(5) 
Any site plan requiring a variance of any type.
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]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.