Preliminary approval of a site plan, except
as provided in Subsection D of this section, shall confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
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 size; yard dimensions and off-tract improvements;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; and exterior lighting, both for safety reasons and
street lighting, except that nothing herein shall be construed to
prevent the municipality from modifying, by ordinance, such general
terms and conditions of preliminary approval as relate to the 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 site plan.
C. That the applicant may apply for and the reviewing
board may grant extensions 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 standards have been revised
by ordinance, such revised standards may govern.
D. In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections
A,
B and
C above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing 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 by ordinance, such revised standards may govern.
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
reviewing board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the reviewing board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval.
[Amended 9-5-1991 by Ord. No. 23-91]
The developer shall undertake construction in
strict conformance with the approved preliminary and/or final site
plan and/or in accord with the conditions of any building permit,
zoning permit or certificate of occupancy, whether temporary or permanent.
Minor deviations may be approved by the Borough Engineer if said deviation
would not alter the character of the development or impair the intent
and purpose of the Master Plan or Zoning Ordinance.
[Amended 4-2-1987 by Ord. No. 9-87; 2-22-1989 by Ord. No. 13-89]
A. There shall be submitted with each site plan application,
in order to defray the cost of review of said site plan, the following
fees:
[Amended 12-19-1989 by Ord. No. 45-89]
(1) For preliminary site plan approval application: $350,
plus $50 per 1,000 square feet or part.
(2) For final site plan approval: $350, plus $50 per 1,000
square feet or part.
(3) For home occupations site plan approval pursuant to §
242-31: $25.
[Added 11-5-1992 by Ord. No. 30-92; amended 4-7-1994 by Ord. No. 9-94]
(4) For site plan approval for a professional office in a residential zone pursuant to §
242-32: $50.
[Added 4-7-1994 by Ord. No. 9-94]
(5) For applications for minor amendments to site plan
approval: $50.
[Added 3-2-1995 by Ord. No. 6-95]
(6) General development plan: $5,000 or $5 per residential
unit and/or 1,000 square feet of new residential space, whichever
is greater.
[Added 9-5-2001 by Ord. No. 19-2001]
B. Deposit.
(1) In addition to the preliminary site plan approval
application filing fee and at the time of filing of said preliminary
application, the applicant shall also deposit funds with the Borough
Clerk to cover the cost of review and inspection services provided
by the Borough Engineer, Planning Consultant and other Borough personnel.
The amount of the deposit shall be determined as follows:
(a)
For nonresidential uses: $10 per 1,000 square
feet of lot area or part thereof, plus $10 per 100 square feet of
proposed building floor area, but not less than $1,000.
[Amended 12-19-1989 by Ord. No. 45-89]
(b)
For residential uses: $50 per dwelling unit,
but not less than $1,000.
(c)
For minor amendments to site plan approval:
$150.
[Added 3-2-1995 by Ord. No. 6-95]
(d)
General development plan: $15,000 or $10 per
unit and/or 1,000 square feet of new residential space, whichever
is greater.
[Added 9-5-2001 by Ord. No. 19-2001]
(2) Any unused portion of the deposit shall be returned
to the applicant. If the cost of review and inspection exceeds the
amount of the deposit, sufficient additional funds shall be deposited
before approval of the site plan shall become effective or before
the issuance of a certificate of occupancy.
C. For purposes of determining the amount of deposit in §
191-16B, if only a portion of the property is to be developed and said property can be further subdivided under the requirements of the Land Subdivision Ordinance and Zoning Ordinance of the Borough, the lot area shall be construed to be an area which can
be subdivided under the requirements of said ordinances wherein all
proposed buildings and improvements would meet all required setback
and yard requirements. When a site plan for a new building or structure
or addition thereto does not involve off-street parking, traffic circulation
or drainage facilities, the amount of the deposit as it pertains to
lot area shall apply only to the ground floor area of the building
or structure.
Whenever public notice of a hearing on an application
is required, the applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the
official newspaper of the Borough at least 10 days prior to the date
of the hearing.
B. Notice shall be given to the owners of all real property,
as shown on the current tax duplicate or duplicates, located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the Borough. Such
notice shall be given by serving a copy thereof on the owner as shown
on said current tax duplicate or his agent in charge of the property
or by mailing a copy thereof by certified mail to the property owner
at his address as shown on said current tax duplicate. A return receipt
is not required. 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.
C. 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, which notice shall be in addition to the notice required to be given pursuant to §
191-19B above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D. Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road on the Official County Map or on the County Master Plan adjoining
other county land or situated within 200 feet of a municipal boundary.
E. Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to §
209-12B.
G. All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board.
H. Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.