An application shall be submitted to the administrative officer, in writing, in duplicate, on forms provided by the approving authority. Application for preliminary site plan approval shall be filed no later than 21 days prior to the regular meeting date of the approving authority. Fees shall be required as provided in Article III of this chapter and shall be submitted with the application.
A.
Preliminary site plan review.
(1)
Upon receipt of an application for preliminary site
plan approval, the administrative officer shall submit copies of the
preliminary plat to:
(2)
Said officials and agencies shall make recommendations
to the approving authority, in writing, within 45 days of the date
of the filing of the application. The approving authority shall consider
such recommendations but shall have the authority to proceed in the
absence of such recommendations should the approving authority deem
such recommendations not to be essential to its determination.
(3)
If the application is found to be incomplete for any
reason, the applicant shall be notified thereof within 45 days of
the date of submission or it shall be deemed to be perfected as to
content.
(4)
Where adjustments or changes are required in the plat
submission, the applicant shall be required to modify the plat in
order to qualify as a perfected application as to content for public
hearing purposes.
B.
County Planning Board and other governmental agency
approval.
(1)
Any site plan application requiring County Planning
Board or other governmental agency approval shall be submitted by
the applicant to the County Planning Board and/or other governmental
agencies for review and approval. The approving authority may condition
any approval that it may grant upon the timely receipt of a favorable
report on the application by the County Planning Board or other governmental
agency or upon the County Planning Board or such other governmental
agency failing to report thereon within the time provided by law.
(2)
A preliminary site plan requiring County Planning
Board or other governmental agency approval which may not have been
received at the time of the public hearing by the approving authority
shall require the public hearing to be continued until such time as
the required reports are received or by the failure to report thereon
as provided by law.
D.
Public hearings. Upon submission of a perfected application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 292-11C of this chapter for public hearings.
E.
Time period in which to act.
[Amended 2-18-1980 by Ord. No. 80-3]
(1)
Within 45 days of the submission of an application,
the approving authority shall notify the applicant, in writing, if
the application is incomplete. In the event that the approving authority
fails to notify the applicant that the application is incomplete and
of the deficiencies in the application within 45 days of submission
of the application, it shall be deemed to be properly submitted.
(2)
The approving authority shall grant or deny preliminary
site plan approval within 45 days of a complete application for a
preliminary site plan involving 10 acres of land or less and 10 dwelling
units or fewer or within 95 days of a complete application for a preliminary
site plan involving more than 10 acres or more than 10 dwelling units
or within such further time as may be consented to by the applicant.
Otherwise, the approving authority shall be deemed to have granted
preliminary approval of the site plan application.
The preliminary approval of a site plan shall
confer upon the applicant the following rights for a three-year period
from the date of preliminary approval:
A.
That the general terms and conditions upon 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, provided that such modifications are in accord with amendments
adopted by ordinance subsequent to approval.
B.
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.
C.
That the applicant may apply for and the approving
authority may grant extension of such preliminary approval for the
additional period 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.
D.
Extension of time period.
(1)
(2)
The applicant may thereafter apply for and the approving
authority may thereafter grant an extension of preliminary approval
for such additional period of time as shall be determined by the approving
authority to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under the preliminary approval;
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern.
(3)
That failure to obtain final approval within the prescribed
time limits as herein defined shall void the preliminary plat approval.
An application shall be submitted to the administrative officer, in writing, in duplicate, on forms provided by the approving authority. An application for final approval of a site plan shall be filed no later than 21 days prior to the regular meeting date of the approving authority. Fees shall be required as provided in Article III of this chapter and shall be submitted with the application form.
A.
Final site plan review.
(1)
Upon receipt of an application for final site plan
approval, the administrative officer shall submit copies of the final
plat to:
(2)
Said officials and agencies shall make recommendations
to the approving authority, in writing, within 45 days of the date
of the filing of the application. The approving authority shall consider
such recommendations but shall have the authority to proceed in the
absence of such recommendations should the approving authority deem
such recommendations not to be essential to its determination.
(3)
If the application is found to be incomplete for any
reason, the applicant shall be notified thereof within 45 days of
the date of submission or it shall be deemed to be perfected as to
content.
(4)
Where adjustments or changes are required in the plat
submission, the applicant shall be required to modify the plat in
order to qualify as a perfected application as to content for public
hearing purposes.
(5)
The approving authority shall approve the application
for final site plan approval, with or without conditions, provided
that the following requirements have been met:
(a)
That detailed drawings, specifications and estimates
meet all applicable codes and ordinances.
(b)
That the final plans are substantially the same
as the approved preliminary site plan and conditions governing the
same.
(c)
That all improvements have been installed or
a developer's agreement has been entered into between the applicant
and the municipality and all performance guaranties have been posted
to ensure the installation of the improvements.
(d)
That the applicant agrees, in writing, to all
conditions of final approval.
(e)
That proof has been submitted that no taxes
or assessments for local improvements are due or delinquent on the
premises for which final site plan approval is sought.
(f)
That all applicable fees have been paid.
(g)
That requirements of all other governmental
agencies have been complied with.
B.
County Planning Board and other governmental agency
approval. Whenever review or approval is required by the County Planning
Board or other governmental agency, a final site plan application
shall be submitted by the applicant to the County Planning Board and
such other governmental agency. The approving authority shall condition
any approval that it may grant upon the timely receipt of a favorable
report on the application by the County Planning Board or such other
governmental agency or the failure of the County Planning Board or
such other governmental agency to report on the application within
the time provided by law.
C.
Time within which to act.
(1)
The approving authority shall grant, condition or
deny final site plan approval within 45 days of the 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 within such further time as may be consented
to by the applicant, in writing, shall constitute final approval,
and a certificate of the Municipal Clerk 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 written endorsement of approval.
D.
Final site plan approval authorization. Upon approval of the site development plan and compliance with all conditions, the Municipal Engineer and the Chairman and Secretary of the approving authority shall be authorized to sign the plan, and the Secretary shall affix the seal of the approving authority. The tracing shall become and remain a permanent record of the approving authority, and the applicant shall supply to the approving authority the number of prints reasonably required for its records. A print shall be forwarded to each of the officials and agencies set forth in Subsection A above.
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 the preliminary approval shall not be changed for a period
of two years from the date of final approval.
B.
Final approval shall expire two years from the date
of final approval unless the applicant has secured a building permit
to commence construction. The approving authority may extend final
approval and the protection offered under the provisions of this section
for one year. The approving authority may grant three such extensions.
C.
Extension of time limit.
(1)
In the case of a site plan for a planned development
of 50 acres or a 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:
(2)
Thereafter, the applicant may apply for and the approving
authority may grant an extension of final approval for such additional
period of time as shall be determined by the approving authority to
be reasonable, taking into consideration:
The approving authority may, as a condition
of final approval:
A.
Grant final approval only for designated geographic
sections of the development.
B.
Grant final approval for certain work but not require
resubmission for final approval for designated elements, such as but
not limited to landscaping, signs and related matters, and require
approval of these elements as a prerequisite for a certificate of
occupancy or zoning permit.
C.
Condition the granting of a certificate of occupancy
or zoning permit subject to the applicant or developer or successors
in interest fulfilling certain requirements within a designated period
of time not to exceed one year from the date of issuance of a certificate
of occupancy or zoning permit. This may include but is not limited
to the installation of improvements, reevaluation of circulation patterns
and related matters.
The approving authority shall accept simultaneous
applications for preliminary and final site plan approval where so
requested by the applicant, provided that the applicant adheres to
all of the conditions, requirements and safeguards established for
preliminary and final site plan approval.
A.
When applicable. Any application for development,
including a subdivision, site plan, conditional use, zoning variance,
planned development or building permit application for two or more
single-family dwellings, in which 5,000 square feet or more of surface
area of land is to be disturbed to accommodate construction, shall
require an approved soil erosion and sedimentation control plan from
the New Jersey Soil Conservation District.
B.
Time limits. The New Jersey Soil Conservation District
shall grant or deny approval or certification within the period of
30 days of submission of a complete application unless, by mutual
agreement in writing between the district and the applicant, the period
of 30 days shall be extended for an additional period of not more
than 30 days. Failure of the New Jersey Soil Conservation District
to grant or deny approval or certification of a plan within such period
or as it may be extended shall constitute approval and certification
of the plan.
C.
Condition. Any site plan approval by the approving
authority shall be conditioned on approval or certification by the
New Jersey Soil Conservation District.
