A.
Except as provided herein, no building 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.
[Amended 7-18-2000 by Ord. No. 2000-14]
A.
Site plan review not required in certain cases.
(1)
Site plan review shall not be required for single- and two-family
dwellings or such accessory uses as a private garage, tool house,
garden and private greenhouses, swimming pools and other similar uses
incidental to a single- or two-family detached dwelling or for similar
improvements as accessory uses to a principal use.
(2)
Site plan approval shall not be required where:
(a)
Minor repairs and alterations to the interior of the building
do not involve structural change or enlargement of the building, as
determined by the Construction Code Official.
(b)
Renovations or alterations to the exterior design of a building
or structure do not involve any enlargement of the building or a major
structural change, as determined by the Construction Code Official.
B.
Except as provided hereinbelow, all construction, reconstruction,
alteration or enlargement of a building or structure, or change in
use (whether to a permitted use, the same use or different permitted
use), change in tenancy, change in ownership of lot shall require
site plan approval. Any determination by the Construction Code Official
that site plan approval is not required pursuant to this section shall
be set forth in writing by the Construction Code Official, with copies
of said letter transmitted and filed, respectively, with the applicant
and the administrative officer.
C.
Upon referral by the Construction Code Official and at its discretion,
the approving authority for site plan approval, anything herein notwithstanding,
where, in the authority's judgment, the construction, reconstruction,
alteration, change of tenancy, change of use or change of ownership
(whether to a permitted use, the same use or different permitted use)
will not significantly affect traffic, water supply, sewage disposal,
drainage, landscaping, signs, lighting, off-street parking or loading,
or the lack of any or all of these factors, environmental factors
and other considerations as specified in this chapter, may waive the
submission of formal site plan approval. The waiver of such formal
submission of site plan review may be subject to appropriate conditions,
and any such waiver decision shall be reduced to writing in the same
manner as other land use decisions are rendered. The cost of any such
waiver procedure shall be borne by the applicant in accordance with
the applicable fee schedule.
A.
Any application shall be submitted to the administrative officer
in writing in triplicate on forms supplied by the approving authority.
B.
Receipt of an application for preliminary site plan approval shall
be filed no less than 14 days prior to the regular meeting date of
the approving authority.
D.
The approving authority shall accept simultaneous applications for
preliminary and final site plan approval where so requested by the
applicant, provided that all of the conditions, requirements and safeguards
established for preliminary and final site plan approval are adhered
to.
A.
The applicant shall submit the preliminary site plan application
and 12 copies of plat maps and payment of all required fees to the
administrative officer, who shall submit copies of the preliminary
plat to the following:
B.
The said professionals and boards shall make recommendation to the
approving authority in writing within 35 days of the application submission.
The approving authority shall take the said recommendations into account
but shall have the authority to proceed in the absence of such recommendations
which are not essential to its determination.
C.
If the preliminary site plan is found to be incomplete, 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.
D.
Where adjustments or changes are required in the site plan submission,
the applicant shall be required to modify the plat in order to qualify
as a perfected application as to content and for public hearing purposes.
A.
Any site plan application requiring County Planning Board or other
governmental agency approvals shall be submitted by the applicant
to the Bergen County Planning Board or other governmental agency 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 by its failure to report thereon within the required time
period.
B.
A preliminary site plan requiring County Planning Board or other
governmental approval which may not have been received at the time
of the public hearing in the community shall require the public hearing
to be continued until such time as the required reports are received
or by the failure to report thereon within the required time period.
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 § 335-6 for public hearings.
A.
The approving authority shall grant, condition or deny preliminary
site plan approval within 45 days of receipt of a perfected and complete
application for a site plan of 10 acres or less or within 95 days
of submission of a perfected and complete application for a site plan
of more than 10 acres, or within such further time as may be consented
to by the applicant for both classes of site plans.
B.
Failure of the approving authority to act within the prescribed time
periods or to obtain an extension from the applicant shall confer
the following rights for a three-year period from the date of the
preliminary approval:
(1)
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 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.
(2)
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.
(3)
That the applicant may apply for and the approving authority may
grant extensions on such preliminary approval for an additional period
of 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.
C.
In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(1), (2) and (3) above for such a time period, longer than three years, as shall be determined by the approval authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor areas permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority 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.
D.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
A.
The applicant shall submit the final site plan application and 12
copies of the plat maps and payment of all required fees to the administrative
officer, who shall submit copies of the plat to the following:
B.
The said professionals and boards shall make recommendations to the
approving authority, in writing, within 45 days of the application
submission. The approving authority shall take the said recommendations
into account but shall have the authority to proceed in the absence
of such recommendations if the approving authority finds such recommendations
not to be essential to its determination.
C.
The approving authority shall review the application for final site
plan approval with or without conditions, provided that the following
requirements have been met:
(1)
That the detailed drawings, specifications and estimates meet all
applicable codes and ordinances.
(2)
That the final plans are substantially the same as the approved preliminary
site plan and conditions governing same.
(3)
That all improvements have been installed or bonds posted to ensure
the installation of improvements.
(4)
That the applicant agrees, in writing, to all conditions of final
approval.
(5)
That proof has been submitted that no taxes or assessments for local
improvements are due or delinquent on the property for which final
site plan approval is sought.
(6)
All applicable fees have been paid prior to any final action by the
approving authority.
(7)
Requirements of other governmental units have been complied with.
Whenever review or approval is required by the Bergen County
Planning Board or by other governmental agencies, a final site plan
application shall be submitted by the applicant for review and approval.
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 other governmental agency or by its failure
to report thereon within the required time period.
[Amended 10-20-1986 by Ord. No. 86-16]
The approving authority shall grant, condition or deny final
site plan approval within 45 days of receipt of a perfected and complete
site plan application or within such further time as may be consented
to by the applicant.
Upon approval of the site development plan and upon compliance with all conditions, the Engineer and the Chairperson and the Secretary of the approving authority shall be authorized to sign the plan and the Secretary shall affix the seal of the Board. The tracing shall be 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 professionals and boards identified in § 335-45 of this article.
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 preliminary approval shall not be changed for a period of two years after the date of final approval. Said 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 § 335-43 of this article for one year. Up to three such extensions may be granted.
B.
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 the number of
dwelling units and nonresidential floor area permissible under final
approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter, and the approving authority
may thereafter 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 number of dwelling units
and nonresidential floor area permissible under final approval, the
number of dwelling units and nonresidential floor area remaining to
be developed, economic conditions and the comprehensiveness of the
development.
C.
The approving authority may, as a condition of final approval:
(1)
Grant final approval only for designated geographic sections of the
development.
(2)
Grant final approval for certain work, but require resubmission for
final approval for designated elements, such as, but not limited to,
landscaping, signs, street furniture, etc., and required approval
of these elements as a prerequisite for a certificate of occupancy
or zoning permit.
(3)
Condition the granting of a certificate of occupancy or zoning variance
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 variance. This may include, but is not limited
to, the installation of improvements, reevaluation of circulation
patterns, etc.
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 amended application
is received no less than 14 days before said meeting date and said
amendments are minor in nature.
A.
All proposed improvements of development indicated on the approved
site plan shall meet the requirements of all applicable codes, ordinances
and specifications of the community, county, state or federal governments
and other agencies with jurisdiction over matters pertaining to site
development.
B.
It shall be the joint responsibility of the Engineer and the Construction
Code Official to enforce their respective rules and regulations to
ensure compliance with the site plan approval map and other specified
conditions as may be imposed on the development.
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.
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 Engineer, may revoke the building
permit or certificate of occupancy, as the case may be, and seek to
enjoin the violation or take such other steps as permitted by law.
