[Amended 3-13-2002 by Ord. No. 02-06; 3-23-2011 by Ord. No. 11-07]
Prior to the subdivision or resubdivision of land and prior
to the issuance of a building permit or certificate of occupancy or
continued occupancy of any development for which site plan approval
is required, an application for subdivision or site plan, as the case
may be, shall be submitted to and approved by the Planning Board (or
the Zoning Board if permitted by the Municipal Land Use Law and/or
Redevelopment Ordinance of the Borough) in accordance with the requirements
of this chapter. Site plan approval shall be required for any new
building, any addition to an existing building, any change in use
of an existing building, any off-street parking area or alteration
of said parking and any other improvement involving land disturbance,
including excavation, soil removal, land filling or site clearance;
except that applications for subdivision or individual lots for detached
one- or two-family dwelling unit buildings and changes in use that
involve no building construction, land disturbance or additional off-street
parking shall be exempt from the site plan review and approval if
a copy of the application for the building permit, certificate of
occupancy or certificate of continuing occupancy is submitted to and
approved by the Zoning Officer after the Zoning Officer ascertains
that the application complies with the exception conditions set forth
herein. The Planning Board may also permit the submission of a combined
preliminary and final site plan application when, due to unusual conditions
relating to the nature of the development, separate preliminary and
final site plan applications would not be necessary to meet the purposes
of this chapter. In such instances, all procedures and requirements
applicable to preliminary site plans, unless otherwise waived by the
Planning Board, or Zoning Board if appropriate, shall be followed.
A. Review by Zoning Board of Adjustment. In the event that the subdivision
or site plan application required action by the Board of Adjustment
as provided in N.J.S.A. 40:55D-70d, said application shall be submitted
to and processed by said Board, which shall act in the same manner
as the Planning Board as provided in this chapter.
B. Content of application. An application for development shall include any and all data and material as required for the appropriate type of application by Articles
VII and
VIII and as indicated on the applicable checklist.
C. Filing fees. The application shall be accompanied by a filing fee pursuant to §
190-12 to cover the technical, investigative and administrative expenses involved in processing the application.
D. Complete application. A subdivision or site plan application shall
be complete for purposes of commencing the applicable time period
for action when so certified by the administrative officer or designee.
In the event that the administrative officer or designee does not
certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless the application lacks information
indicated on the checklist, the checklist has been provided in writing
to the applicant and the Planning Board, or its authorized committee
or designee, has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the Board or its authorized committee shall
grant or deny the request within 45 days of the date of its submission.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that the applicant is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents required by the Board.
E. Informal review. At the request of an applicant, the Planning Board
shall grant an informal concept review of a sketch or concept plan
for a development for which the applicant intends to prepare and submit
an application for development. The applicant shall not be bound by
any such plan for which review is requested, and the Planning Board
shall not be bound by any such review. The sketch plan shall be in
sufficient detail to allow the Planning Board to make an informed
decision on the merits of the proposed development. The submission
of a sketch or concept plan is recommended prior to the filing of
a formal application for preliminary subdivision or site plan approval.
F. Preapplication conference. Applicants submitting a general development
plan or application for planned commercial development must also attend
a preapplication conference where the developer shall meet with the
Borough Planner and Engineer, the Site Plan Review Committee, Architectural
Review Committee and any other person or organization as may be required
by the Board. The applicant shall submit the following materials for
review at the preapplication conference:
[Added 11-28-2007 by Ord. No. 07-20]
(1) Narrative summary of proposal;
(2) Conceptual site plan, showing parking and bicycle facilities where
appropriate;
(3) Plat of survey showing location of utilities and elevations;
(4) Photographs of the subject property and surrounding properties;
(5) Description of adjacent land uses and neighborhood characteristics;
and
(6) Description of critical historical structures.
After the date an appeal is taken from the decision of a municipal
officer or the submission of a complete application for development
to the administrative officer, the approving authority shall render
its decision within the maximum number of days as specified below
or within such further time as may be consented to by the applicant
in a form approved by the Board Attorney. Where more than one type
of application is involved, the longer time period shall apply.
Type of Application
|
Time Period
(days)
|
---|
Site plans
|
Minor
|
45
|
Preliminary approval (10 acres or less, 10 units
or less)
|
45
|
Preliminary approval (more than 10 acres or 10 units)
|
95
|
Final approval
|
45
|
Subdivisions
|
Minor
|
45
|
Preliminary approval (10 lots or less)
|
45
|
Preliminary approval (more than 10 lots)
|
95
|
Final approval
|
45
|
Conditional use authorization
|
95
|
Variance*
|
120
|
Appeal from the decision of a municipal officer
|
120
|
Direction for issuance of a building permit
|
120
|
*
|
NOTE: Any application involving a variance pursuant to N.J.S.A.
40:55D-70 shall be decided within 120 days from a complete application
being so certified.
|