[Added 4-8-1985 by Ord. No. 7-85; 8-12-1985 by Ord. No. 36-85; 7-8-1991 by Ord. No. 20-91; 10-14-1998 by Ord. No. 35-98]
[Added 9-12-2005 by Ord. No. 43-2005]
A. 
Issuance of zoning permit. No property or building subject to a change of use, change in occupancy or change in ownership, in whole or in part, shall be occupied or used for any purpose, and no certificate of occupancy, building permit, demolition permit or similar permit shall be issued and no site improvements, including excavation or construction or public or private improvements, shall be commenced until the Zoning Officer of the Borough of Madison has issued a Zoning Permit for such property. If the subject property complies with all provisions of the Borough Code, all matters incorporated by the Borough Engineer, any lawful prior orders issued under the authority of the construction, property maintenance, fire prevention and health codes are properly abated, all prior conditions established by site plan, subdivision or variance approvals are satisfied, and the subject property is not subject to site plan approval as set forth below, the Zoning Officer shall issue the zoning permit within 10 business days of receiving a complete application and evidence that all property taxes and all other Borough charges have been paid on the subject property. Otherwise, the Zoning Officer shall deny the application within the ten-day period, citing the reason or reasons for such denial.
[Amended 4-11-2022 by Ord. No. 16-2022]
B. 
Zoning permit subject to site plan approval. If site plan approval is required pursuant to § 195-20B(2), as determined by the Zoning Officer, no zoning permit shall be issued until a site plan for the subject site is approved by the Planning Board. The Zoning Officer may refer the question of whether site plan approval is required to the Technical Coordinating Committee for review and recommendation. If the Zoning Officer determines that site plan approval is required, the Planning Board may waive the requirement for site plan approval if the Board determines that the change in use, occupancy or ownership will have no adverse effect on drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations.
C. 
Exemptions.
(1) 
Changes in the use, ownership or occupancy of a residential building, or a residential portion only of a mixed-use building, shall be exempt from the requirements of this section.
(2) 
Any change of ownership which is exempt from the payment of the realty transfer fee imposed under New Jersey Public Law 1968, c. 49, as amended, by reason of a deed for a consideration of less than $100; which confirms or corrects a deed previously recorded; between husband and wife, parent and child; by an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent's estate in accordance with the provisions of the decedent's will or the intestate laws of the State of New Jersey; or recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee, shall be exempt from the requirements of this section.
D. 
Fees. The fee for a zoning permit is more particularly set forth in § 195-12. Application forms are available from the Borough Clerk or Zoning Officer.
E. 
Violations. Failure of an owner, agent or occupant to comply with this section may result in the issuance of administrative penalties and violations. Each violation of this section shall constitute a separate offense and a summons may be issued for each and every day that a zoning permit is not obtained. Each separate offense may result in a summons being issued with a maximum daily penalty of $500 per instance. Repeat offenders will be assessed an additional penalty of $250 per day.
F. 
Zoning Officer. Any reference to Zoning Officer set forth in this section shall be deemed to include any designee of the Zoning Officer.
A. 
Assignment. The applicant may file an application and proceed before the Board which the applicant believes to be appropriate, or the applicant may seek the direction of the administrative officer as to which approvals are required from the appropriate Board.
(1) 
Waiver of site plan detail.
(2) 
Concept plan.
(3) 
Minor subdivision.
(4) 
Preliminary major subdivision.
(5) 
Preliminary site plan.
(6) 
Final major subdivision.
(7) 
Final site plan.
(8) 
Amended site plan.
(9) 
Variance(s).
(10) 
Conditional use approval.
(Note: Certain applications may involve a combination of actions.)
B. 
Content. An application for development shall include all relevant completed checklist(s) as specified in Schedule III,[1] the items specified in the checklist(s), and a completed application form including all attachments. With the exception of requests for permitted uses with waiver of site plan details (in specific instances only) or for interpretation or appeals of a decision of a Borough official, all applications shall provide all items specified in Checklist A in Schedule III.
[Amended 3-26-2018 by Ord. No. 13-2018]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
C. 
Complete application. The administrative officer or his/her designee shall review all applications and accompanying documents required by this chapter to determine whether or not the submission is a valid application for development in accordance with § 195-17B. Upon such a finding, the administrative official or his/her designee shall certify the application as being complete and shall so notify the applicant and the TCC. If the application is found to be incomplete, the administrative officer shall indicate the manner in which the application is incomplete, by reference to the specific section or sections of the applicable checklist(s). The administrative official shall notify the applicant, in writing, of any finding of incompleteness and said specific deficiencies of the application. The application shall be deemed to be complete if a written notification of incompleteness, as provided above, has not been sent to the applicant within 45 days of the submission of the application to the Board. The applicant may request that one or more of the submission requirements be waived, in which event the TCC shall consider the waivers and provide a recommendation to the Planning Board, which shall grant or deny the request within 45 days from the first hearing date before the Board.
[Amended 3-26-2018 by Ord. No. 13-2018]
D. 
Additional information. In its review of the application, the TCC or Planning Board may request additional information after certification as a complete application to correct any information found to be in error and/or submission of additional information not specified in this chapter or any revision to 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.
[Amended 3-26-2018 by Ord. No. 13-2018]
[Amended 3-26-2018 by Ord. No. 13-2018]
A. 
Where no physical exterior improvements are proposed on a site occupied by a permitted use, with the exception of signage and solid waste/recycling receptacles, an applicant may apply for permitted use with waiver of site plan details.
B. 
The applicant shall submit the required fee and the requisite application materials itemized in Checklist E[1] for review and consideration by the administrative official for completeness. Upon determination by the administrative official that the application is complete, the applicant shall submit additional copies of all plans as directed by the administrative official, who will then place the item on the TCC agenda.
[1]
Editor's Note: Said checklist is included in Schedule III, an attachment to this chapter.
C. 
The TCC shall review the application and determine if any additional details are necessary for formal consideration by the Planning Board, particularly if signage variance relief is triggered.
D. 
Where appropriate, the provisions of § 195-22 shall apply.
A. 
Prior to the submittal of a formal plan, the applicant for subdivision or site plan may request an informal review before a meeting of the Planning Board in order to:
(1) 
Acquaint the applicant with the substantive and procedural requirements of the subdivision and Site Plan Ordinance.
(2) 
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements.
(3) 
Advise the applicant of any public sources of information that may aid the application.
(4) 
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(5) 
Consider opportunities to increase development benefits and mitigate undesirable project consequences.
(6) 
Permit input into the general design of the project.
B. 
Applicants seeking review of a concept plan shall provide 12 copies of the plan and the completed application and the required review fees to the Board Secretary at least 10 days before a regularly scheduled meeting of the TCC. The TCC shall review the application pursuant to the requirements of § 195-14 and shall provide input on the materials to be provided to the Planning Board.
[Amended 3-26-2018 by Ord. No. 13-2018]
C. 
After the TCC has reviewed the plan, 15 copies of the concept plan that incorporates any TCC comments shall be submitted to the Planning Board for discussion purposes.
[Amended 3-26-2018 by Ord. No. 13-2018]
D. 
The concept plan is a general plan that is neither fully engineered nor surveyed. The plan should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Borough's development goals and objectives.
[Amended 3-26-2018 by Ord. No. 13-2018]
E. 
Effect of concept plan/informal review. Neither the applicant nor the Board is bound by any concept plan or informal review. The suggestions made at the concept plan stage may change with new information discovered when a formal development application is prepared using current detailed site-specific data and on-site test findings. The applicant may request a review of an additional concept plan based upon new information prior to submission of a formal application for development. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
A. 
Submission procedures. All site plan and subdivision applications submitted under the provisions of this chapter shall comply with all the applicable requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
Uses requiring site plan approval.
(1) 
All development activities except the following shall require site plan approval:
[Amended 3-10-2003 by Ord. No. 7-2003]
(a) 
The construction, customary use and modification of single- or two-family dwellings, including any permitted accessory buildings and/or uses incidental to the principal use of the property.
(b) 
Any structure or use for which site plan approval was granted prior to the effective date of this chapter and that was developed in accordance with such approval.
(c) 
Construction which is determined by the Construction Official to constitute ordinary repairs, as defined by the State of New Jersey Department of Community Affairs Uniform Construction Code.
(d) 
Soil disturbance of less than 300 cubic yards in total, over time, except that nothing shall be construed to prevent the otherwise lawful excavating or cutting, stripping or other change in the existing configuration of the land for the following purposes and no others:
[1] 
Gardening for noncommercial purposes.
[2] 
The construction or reconstruction of curbs, sidewalks, private residential driveways, drainage systems, sewage disposal systems and other utility service connections, provided that all other Borough, county, state and district approvals have been received.
(e) 
Any structure or use on municipal properties.
(f) 
Any structure or use on other governmental properties to the extent of exemptions from local requirements as allowed by law.
(2) 
Change in use or occupancy.
[Amended 9-12-2005 by Ord. No. 43-2005; 9-11-2017 by Ord. No. 35-2017]
(a) 
A change in use or occupancy of a building or land in all zoning districts except the CBD-1 Zone requires site plan approval if one or more of the following criteria is met as determined by the Zoning Officer or his designee:
[1] 
The previous use never received required site plan approval.
[2] 
The proposed use requires more off-street parking than the previous use based upon the parking requirements of this chapter.
[3] 
The proposed use has significantly different hours of operation than the previous use.
[4] 
The proposed use has different loading requirements that require deliveries by vehicles that exceed 30 feet in length.
[5] 
The proposed use involves the storage or handling of chemicals or hazardous substances.
[6] 
The proposed use will generate a greater amount of solid waste, requiring one or more dumpsters to be stored outside.
(b) 
In determining whether the above criteria are met, the Zoning Officer or his designee may refer the matter to the Technical Coordinating Committee for review and recommendation.
(c) 
In the CBD-1 Zone, a change in use or occupancy of a building or land requires site plan approval if one or more of the following criteria is met as determined by the Zoning Officer or his/her designee:
[1] 
The proposed use requires more off-street parking than the previous use based upon the parking requirements of this chapter.
[2] 
The proposed use opens before 5:00 a.m. and is proposed to stay open past 11:00 p.m.
[3] 
The proposed use requires deliveries by vehicles that exceed 30 feet in length.
[4] 
The proposed use involves the storage or handling of chemicals or hazardous substances.
[5] 
The proposed use will require one or more new dumpsters to be stored outside.
C. 
Waiver of site plan approval.
[Amended 9-12-2005 by Ord. No. 43-2005]
(1) 
By Zoning Officer or his designee. Where a proposed development does not involve a change in use and is for nonstructural change in the facade of a structure or an interior change which does not increase parking, drainage or other site development considerations, the Zoning Officer or his designee may waive the requirement for site plan approval.
(2) 
The Zoning Officer or his designee shall not waive site plan approval for a nonstructural change in the facade of a structure if the structure is in a zone or portion thereof covered by a duly adopted historic preservation plan.
D. 
Review of impervious coverage requirements by Borough Engineer. In all applications for an impervious coverage variance regarding single- and two-family dwellings, the Borough Engineer shall review the plans and application prior to the scheduled hearing and provide an advisory report for the Board which may include recommendations.
E. 
Additional requirements.
(1) 
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
(2) 
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information may include, but not be limited to, drainage calculations, traffic analysis, noise and other impacts, and detailed environmental information.
F. 
Environmental impact assessment.
(1) 
When required. An environmental impact assessment as part of preliminary approval shall be required for a major subdivision. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
(2) 
Submission to the Environmental Commission. The Board shall submit the environmental impact assessment, together with a copy of the preliminary plat, to the Madison Environmental Commission for review. The Environmental Commission shall make a report thereon to the Board within 30 days following the submission of the environmental impact report to the Environmental Commission. In reviewing the application for preliminary approval, the Board shall take into consideration the effect of the applicant s proposed project upon all aspects of the environment, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
(3) 
Submission format. All environmental impact assessments shall consist of written and graphic materials which clearly present the following information:
(a) 
Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.
(b) 
The compatibility or incompatibility of the proposed project shall be described in relation to the following:
[1] 
Madison Borough Master Plan.
[2] 
Morris County Master Plan.
[3] 
New Jersey State Development and Redevelopment Plan.
(c) 
Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:
[1] 
Types of soils. A description and list of each soil type including capabilities and limitations on the site shall be provided and identified on a map. Soils shall be described with reference to criteria contained in the Morris County Soil Conservation District Standards and Specifications.
[2] 
Topography. A description and map of the topographic conditions of the site shall be provided. Areas where slopes are in excess of 15% shall be identified on the map.
[3] 
Geology. A description and map of the geologic formations and features of the site shall be provided. Areas where bedrock is within two feet of the surface as well as major rock outcroppings shall be shown on the map.
[4] 
Vegetation. A description and map of existing vegetation on the site showing the location of major vegetative groupings such as woodlands, open fields and isolated trees greater than six inches caliper shall be provided. Where woodlands are delineated, the forest type and its characteristics shall be identified.
[5] 
Wildlife. Habitats of any rare or endangered species defined by the State of New Jersey shall be identified and described.
[6] 
Critical areas. A description and map of the wetland areas, wetland buffers and floodplains on the site shall be provided.
[7] 
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified.
[8] 
Subsurface water. Subsurface water conditions on the site shall be described both in terms of depth to groundwater and water supply capabilities. Where existing conditions warrant, detailed information of the depth, capacity and water quality of existing wells within 500 feet of the site shall be provided. The water supply capabilities of the adjacent areas and the recharge capabilities of the site shall be described.
[9] 
Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities and any scenic view from the site.
[10] 
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
(d) 
Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:
[1] 
Soil erosion and sedimentation resulting from surface runoff.
[2] 
Flooding and floodplain disruption.
[3] 
Degradation of surface water quality.
[4] 
Groundwater pollution.
[5] 
Reduction of groundwater capabilities.
[6] 
Sewage disposal.
[7] 
Solid waste disposal.
[8] 
Vegetation destruction.
[9] 
Disruption of wildlife habitats of endangered species.
[10] 
Destruction or degradation of scenic and historic features on and off site.
[11] 
Air quality degradation.
[12] 
Noise levels.
[13] 
Lighting levels, including trespass lighting.
[14] 
Effect on community, including projected population increase, increase in municipal and school services and consequences to the municipal tax structure.
(e) 
Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site. Of specific interest are:
[1] 
Drainage plans, which shall include but not be limited to soil erosion and sedimentation controls.
[2] 
Water supply and water conservation proposals.
[3] 
Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.
[4] 
Noise reduction techniques.
[5] 
Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
[6] 
Miscellaneous on-site and off-site public improvements.
(f) 
Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
(g) 
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but is not to be limited to, approvals required by the municipality and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(h) 
Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(i) 
Disposition. The Board shall review the environmental impact assessment to determine if the development will result in appreciable harmful effects to the environment.
G. 
Traffic/transportation impact statement.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
When required. The Board may require a transportation impact statement as part of preliminary approval if, in the opinion of the Board, the development could have an adverse impact on the road network, pedestrian safety, existing on-site parking, ingress/egress or on-site circulation.
(2) 
General provisions.
(a) 
The traffic/transportation impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and background.
(b) 
All relevant sources of information used in the preparation of said statement shall be identified.
(3) 
Submission format. All impact statements shall provide a description of the impact and effect of the proposed land development upon all roads that are adjacent to or immediately affected by traffic and shall specifically address the following items:
(a) 
Existing conditions in the vicinity of the proposed project, including:
[1] 
Roadway network.
[2] 
Representative traffic counts, not during holiday or summer periods.
[3] 
Traffic accident statistics for the most recent three-year period, including all crashes involving pedestrians or cyclists.
[4] 
Availability/locations of public transportation and on-street/public parking.
[5] 
Level of service of adjacent roadways.
[6] 
Existing and proposed off-street parking serving the proposal.
(b) 
Traffic/parking demand generated by the proposed development including:
[1] 
Trip generation.
[2] 
Trip distribution.
[3] 
Modal split.
[4] 
Trip assignment.
[5] 
Level of service under proposed conditions.
[6] 
Anticipated parking demand based on acceptable industry sources.
(c) 
Identification of transportation impacts caused by the proposed development.
(d) 
Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state or county requirements, and, where applicable, proposed interaction with appropriate County Transportation Management Areas (TMA).
(e) 
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic or transportation or parking patterns.
(f) 
Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential transportation impacts.
A. 
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
The applicant shall submit the required elements of an application for development, as identified in § 195-17.
(2) 
Upon determination by the administrative official that the application is complete and upon review by the TCC, the applicant shall submit the requisite number of additional copies of all plans and application materials, and the Board Secretary will place the item on the TCC agenda.
B. 
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
Submission requirements for subdivision applications are provided in the checklists in Schedule III.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2) 
The Board Secretary, within five business days of the certification of completeness for preliminary approval, shall forward copies of the plat or site plan to the following for review and comment, where appropriate:
(a) 
Environmental Commission.
(b) 
Borough Fire Department.
(c) 
Borough Police Department.
(d) 
Borough Water Department.
(e) 
Borough Electric Department.
(f) 
Borough Public Works Department.
(g) 
Borough Historic Preservation Commission.
(h) 
Sign and Facade Committee of the Downtown Development Commission.
C. 
Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 30 days from receipt of the plat or site plan or by the date of the scheduled public hearing.
D. 
Notice of public hearing. At the time when the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established with respect to notice of hearing.
E. 
Action.
(1) 
The Board shall approve, conditionally approve or deny a minor subdivision within 45 days of the certification that the application is complete, unless the applicant shall extend the period of time within which the Board may act. Where a variance is requested pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70, the Board shall take action within 120 days from which the application is certified complete.
(2) 
Failure of the Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats or deeds.
F. 
Effect of approval. Approval of a minor subdivision shall be deemed final approval and shall be prepared in accordance with final subdivision requirements, provided that the Board may condition such approval on the provision of improvements as may be required pursuant to N.J.S.A. 40:55D-53. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted shall not be changed for a period of two years after the date on which the resolution of approval is adopted, provided that the approved minor subdivision shall have been duly recorded.
G. 
Conditions of approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board 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 as set forth in N.J.S.A. 40:27-6.3.
H. 
Filing with the county recording officer. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and N.J.S.A. 46:23-9.9 et seq. or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and the Secretary of the Board. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq.; provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said act.
I. 
Extensions.
(1) 
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:
(a) 
That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
(b) 
That the developer applied promptly for and diligently pursued the required approvals.
(2) 
The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(3) 
The Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval; or the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
J. 
Distribution of copies. A copy of the recorded plat or a copy of the recorded deed shall be filed with the administrative officer of the appropriate Board. The Administrative Officer shall distribute copies of the plat, deed or plan to the following:
(1) 
Borough Clerk.
(2) 
Construction Official.
(3) 
Borough Engineer.
(4) 
Tax Assessor.
(5) 
Borough Water Department.
(6) 
Borough Electric Department.
(7) 
Board of Health.
(8) 
Shade Tree Authority.
(9) 
Such other Borough, county or state agencies as directed by the Board.
A. 
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
The applicant shall submit the required elements of an application for development, as identified in § 195-17.
(2) 
Upon determination by the administrative official that the application is complete and upon review by the TCC, the applicant shall submit the requisite number of additional copies of all plans and application materials, and the Board Secretary will place the item on the agenda.
B. 
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
Submission requirements for all application types are provided in the checklists in Schedule III, specifically Checklist A and Checklist C.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2) 
The Board Secretary, within five business days of the certification of completeness for preliminary approval, shall forward copies of the plat or site plan to the following for review and comment, where appropriate:
(a) 
Environmental Commission.
(b) 
Borough Fire Department.
(c) 
Borough Police Department.
(d) 
Borough Water Department.
(e) 
Borough Electric Department.
(f) 
Borough Public Works Department.
(g) 
Borough Historic Preservation Commission.
(h) 
Madison-Chatham Joint Meeting.
(i) 
Sign and Facade Committee of the Downtown Development Commission.
(3) 
The Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
C. 
Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 20 days from the receipt of the plat or site plan or by the date of the scheduled public meeting. In the case of signage, the time periods for review as established in § 195-33.1B shall apply.
[Amended 3-26-2018 by Ord. No. 13-2018]
D. 
Notice of public hearing. At the time that the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification the applicant shall follow the procedures established in this chapter with respect to the notice of hearing.
E. 
Action.
(1) 
Subdivisions.
(a) 
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 lots or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b) 
The Board shall approve, conditionally approve or deny the preliminary major subdivision application of more than 10 lots within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c) 
If a preliminary subdivision application is being considered by the Board of Adjustment simultaneously with an application for a use variance, the Board of Adjustment shall act on the application within 120 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act. If the applicant elects to bifurcate the application for approval of the variance and the subsequent application for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day limit shall apply only to the variance. The subdivision and/or site plan application shall be denied or approved in accordance with the applicable time limits.
(d) 
Failure of the Board to act within the time prescribed shall constitute preliminary major approval, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be accepted by the county recording officer for purposes of filing subdivision plats.
(2) 
Site plans.
(a) 
The Board shall approve, conditionally approve or deny the preliminary major site plan which involves 10 acres of land or less or 10 dwelling units or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b) 
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c) 
If a preliminary site plan application is being considered by the Board of Adjustment simultaneously with an application for a use variance, the Board of Adjustment shall act on the application within 120 days after the application has been certified complete unless the applicant shall extend the period of time within which the Board may act. If the applicant elects to bifurcate the application for approval of the variance and the subsequent application for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day limit shall apply only to the variance. The subdivision and/or site plan application shall be denied or approved in accordance with the applicable time limits.
(d) 
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
F. 
Effect of preliminary approval.
(1) 
If the Planning Board or Board of Adjustment approves the preliminary plat or site plan, a resolution shall be adopted setting forth the approval and any conditions of approval.
(2) 
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection F(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a) 
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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
(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 subdivision plat or site plan, as the case may be.
(c) 
That the applicant may apply for and the Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern.
(d) 
In the case of a subdivision or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection F(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(e) 
Whenever the Board grants an extension of preliminary approval pursuant to Subsection F(2)(c) or (d) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(f) 
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(2)(c) or (d) above.
(3) 
In all cases, the recommendations of the County Planning Board shall be given careful consideration in the final decision. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-6.1, its action shall be noted on the plat or plan, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat or plan to the applicant. If either the Borough Board or the County Planning Board disapproves a plat or plan, the reasons for disapproval shall be remedied prior to further consideration.
G. 
Conditions of approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board 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 as set forth in N.J.S.A. 40:27-6.3 and 40:27-6.7.
H. 
Signatures required. If the Board favorably acts on a preliminary plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures to the plat or plan with a notation that it has received preliminary approval and shall return the same to the applicant for compliance with final approval requirements. Where approval is conditioned upon revisions to the preliminary plat or plan, the Chairperson and the Secretary of the Board shall not affix their signatures to the plat or plan until all such revisions are made.
I. 
Filing with the County Planning Board. Any plats and forms required to be filed with the Morris County Planning Board shall be prepared by the applicant and filed by the Secretary of the Borough Board. The Secretary shall collect from the applicant any fees required by the County Planning Board.
J. 
Simultaneous preliminary and final site plan approval. Combined preliminary and final site plan approval may be granted, provided that all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.
A. 
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
The applicant shall submit a final plat or final plan to the Secretary of the Board within three years after the date of the preliminary approval or any authorized extension thereof.
(2) 
Upon determination by the administrative official that the application is complete, the applicant shall submit 15 additional copies of all plans, and the Secretary of the Board will place the item on the agenda.
B. 
Submission requirements.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
Submission requirements for final subdivision and site plan approval are provided in Checklist D in Schedule III.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(2) 
The Board Secretary, within five business days of the certification of completeness of an application for final approval, shall forward copies of the plan or plat to the following officials for review and comment where appropriate:
(a) 
Environmental Commission.
(b) 
Borough Fire Department.
(c) 
Borough Police Department.
(d) 
Borough Water Department.
(e) 
Borough Electric Department.
(f) 
Borough Public Works Department.
(g) 
Borough Historic Preservation Commission.
(h) 
Sign and Facade Committee of the Downtown Development Commission.
(3) 
The Board shall also have the authority to refer any plan or plat to other agencies or individuals for comment or recommendations. In the case of signage, the time periods for review as established in § 195-33.1B shall apply.
C. 
Review. The officials and agencies shall forward their comments and recommendations in writing to the Board within 30 days from the receipt of the final plat or site plan or by the date of the scheduled public hearing.
D. 
Notice of public hearing. At the time that the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established in this chapter with respect to the notice of hearing.
E. 
Action.
(1) 
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval and, in the case of a major subdivision, the standards prescribed in the Map Filing Law, P.L. 1960, c. 141.[2] In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the county recording officer for purposes of filing.
(3) 
Whenever review or approval of the application by the County Planning Board is required, the Board shall condition its approval 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.
F. 
Effect of final approval.
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted; provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and has duly recorded the plat with the county recording officer, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this article. Final approval shall entitle the applicant to apply for a building permit.
(2) 
Extension of final approval.
(a) 
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under final approval.
[2] 
Economic conditions.
[3] 
The comprehensiveness of the development.
(b) 
The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the following:
[1] 
The number of dwelling units and nonresidential floor area permissible under final approval.
[2] 
The number of dwelling units and nonresidential floor area remaining to be developed.
[3] 
Economic conditions.
[4] 
The comprehensiveness of the development.
(3) 
Whenever the Board grants any extension of final approval and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the extension date.
(4) 
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(1) or (2) above.
G. 
Conditions of final approval.
(1) 
Conditions of final approval. The Board may, as a condition of final approval:
(a) 
Enter into a developer's agreement.
(b) 
Grant final approval only for designated geographic sections of the development, where development is to be phased.
(c) 
Grant final approval for certain work, but require resubmission for final approval for designated elements, such as, but not limited to, landscaping, signs and street structure, and require approval of these elements as a prerequisite for a certificate of occupancy or zoning permit.
(d) 
Condition the granting of a certificate of occupancy or zoning permit subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy or zoning permit. This may include, but is not limited to, the installation of landscaping, erection of signs, installation of minor improvements, meeting performance standards and similar items. A performance guaranty assuring the meeting of conditions shall be posted by the applicant at the Board's request.
(2) 
Conditions binding.
(a) 
All conditions of any preliminary and final approval shall be binding upon all present and future owners, tenants, occupants, lessors, lessees, heirs, assignees, developers, contractors and subcontractors; and
(b) 
The same shall be set forth in a developer's agreement in recordable form and approved by the Borough Council.
(3) 
Failure to maintain.
(a) 
All persons receiving development approval for property or their successors in title shall be responsible for installing, maintaining and properly utilizing on-site, off-site and off-tract improvements required by the Board, including but not limited to parking arrangements, buffer zones, landscaping, drainage facilities, exterior lighting plans and other requirements of the Board as reflected on the plans and in the Board minutes.
(b) 
Failure of the property owner to install, maintain and/or utilize improvements as provided by the site plan approval shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.
H. 
Notification to tax assessor of municipality. Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall send a copy of such notification to the Borough Tax Assessor at the same time that notification is given to the Borough Board pursuant to N.J.S.A. 40:55D-54.
I. 
Signatures required. If the Board favorably acts on a final plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures subject to § 195-22H to the plat or plan with a notation that it has received final approval and shall return same to the applicant for compliance with final approval requirements and payment of all fees.
J. 
Filing with the County Planning Board. Any plats and forms required to be filed with the Morris County Planning Board shall be prepared by the applicant and filed by the Secretary of the Borough Board. The Secretary shall collect from the applicant any fees required by the County Planning Board.
K. 
Filing with county recording officer.
(1) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county recording officer. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.
(2) 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Board. The signatures of the Chairperson and Secretary of the Board shall not be affixed until the developer has posted the guaranties required by this chapter. If the county records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
(3) 
If shall be the duty of the county recording officer to notify the Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
L. 
Distribution of copies.
(1) 
After the approval of a final major subdivision or site plan, copies of the final plat or plan shall be filed by the Board with the following:
(a) 
Borough Clerk.
(b) 
Construction Official.
(c) 
Borough Engineer.
(d) 
Tax Assessor.
(e) 
Borough Water Department.
(f) 
Borough Electric Department.
(g) 
Board of Health.
(h) 
County Planning Board.
(i) 
Shade Tree Authority.
(j) 
Such other Borough, county or state agencies as directed by the Board.
(2) 
In addition, duplicate Mylars of any final subdivision plat shall be filed with the Board.
M. 
Site plan and subdivision approval by Board of Adjustment. Applications for site plan and/or subdivision approval heard by the Board of Adjustment in connection with a variance request pursuant to N.J.S.A. 40:55D-76 shall be governed by the relevant provisions of this section. In the case of such applications, all references in this section to the "Planning Board" shall be deemed to refer instead to the "Board of Adjustment."
A. 
An applicant may file for amended site plan in connection with a prior approved site plan.
B. 
The applicant shall submit the required fee, eight copies each of the application, the amended site plan and the adopted resolution of approval in connection with the prior approved site plan to the Secretary of the Board for review by the TCC at least 10 days prior to the regular meeting of the TCC.
C. 
Upon determination by the TCC that the application is complete, the applicant shall submit 15 additional copies of all plans, and the Board Secretary will place the item on the agenda.
D. 
Provisions of § 195-22B through I shall apply.
A. 
Application.
[Amended 3-26-2018 by Ord. No. 13-2018]
(1) 
An applicant may apply for variances concurrently with a subdivision or site plan application or file for a variance with the Board of Adjustment where no subdivision or site plan application is required.
(2) 
The applicant shall submit the required fee and requisite copies each of the application and required submission materials to the Board Secretary for review by the administrative official for completeness.
(3) 
Upon determination by the administrative official that the application is complete, the applicant shall submit additional copies of all plans as directed by the administrative official, and the Board Secretary will place the item on the agenda.
B. 
Submission requirements. Submission requirements for variances are provided in Schedule III.[1]
[1]
Editor's Note: Schedule III appears at the end of this chapter.
C. 
Notice of public hearing. At the time when the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established with respect to notice of hearing.
D. 
Action.
(1) 
The Board shall approve, conditionally approve or deny a variance within 120 days of the certification that the application is complete unless the applicant shall extend the period of time within which the Board may act.
(2) 
Failure of the Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be accepted by the county recording officer for purposes of filing subdivision plats or deeds.
A. 
All conditional uses shall be subject to site plan approval in accordance with §§ 195-22 and 195-22.1. The Planning Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.
B. 
The Planning Board shall have the power to approve or deny conditional uses simultaneously with subdivision and site plan applications without the applicant being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the plat shall include reference to the request for conditional use.
[Amended 3-26-2018 by Ord. No. 13-2018]
No application for development shall be deemed complete unless the items, information and documentation listed for each application checklist are submitted to the administrative official for the approving Board. A complete application form must all be submitted with all required signatures. If any of the required items is not submitted, the applicant must request a waiver and state the reasons for such request in writing. Such written requests for waivers are required for an application to be deemed administratively complete.