[Amended 6-11-1996 by Ord. No. 1750; 12-14-1999 by Ord. No. 1882; 8-8-2000 by Ord. No. 1906; 5-11-2004 by Ord. No. 2040]
Site plan review and approval by the appropriate "approving authority" as designated under § 238-5 of this ordinance shall be required in each of the following cases:
A. 
The construction, relocation or enlargement of any permanent improvement upon any premises, except premises used only as a single or two-family dwelling not part of a planned development group, of any building (defined in § 238-4 hereof) or structure (defined in § 238-4 hereof), or the installation upon or attachment to either a building or structure or any fixture or appurtenance any of which the Zoning Enforcement Officer determines will have a material effect upon traffic circulation, parking, drainage, exterior lighting, ingress to or egress from the premises or adjacent premises or a material effect upon the bulk requirements under the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 275, Zoning.
B. 
The structural alteration of any building or structure upon any premises except premises used as a single or two-family dwelling not part of a planned development group resulting in its relocation or enlargement if such permanent improvement effects traffic circulation, parking, drainage, exterior lighting, ingress to or egress from the premises or any buildings or structures from adjacent premises or if such permanent improvement or appurtenance thereto results in a change in the premises from that which was approved on a previously approved site plan review.
C. 
The installation or erection of any new permanent signs, whether freestanding, upon a building or structure or in the window of a building or structure so as to be visible from the exterior thereof upon any premises except upon premises used as a single- or two-family dwelling not part of a planned development group.
D. 
Any change in any permanent sign referred to in Subsection C hereof if such change enlarges it, increases its intensity or otherwise materially changes its appearance other than a change in the text of its message.
E. 
Any mining, excavation of land or landfill involving more than five cubic yards of fill.
F. 
The permanent change of principal or accessory uses of any nonresidential premises or nonresidential portions of premises if it is determined by the Zoning Enforcement Officer that such change in use:
(1) 
Will materially and permanently increase the number of persons anticipated to come upon or occupy the premises; or
(2) 
Will materially and permanently increase the amount of on-street or off-street parking required in connection with the new use; or
(3) 
Will materially and permanently increase the hours during which the premises are occupied; or
(4) 
Will materially and permanently produce an increase in the amount of light, noise or fumes emanating from the premises.
[Amended 6-11-1996 by Ord. No. 1750; 12-14-1999 by Ord. No. 18825-11-2004 by Ord. No. 2040]
No permit or certificate of occupancy shall be issued pursuant to the Uniform Construction Code or its various subcodes and no zoning certificate of compliance under § 275-39 of the Code of the Borough of Hasbrouck Heights shall issue as to any premises when site plan review and approval is required as provided in § 238-12 of this ordinance until final approval of that site plan is granted and published in accordance with law unless the approving authority, after having received a perfected application for such site plan review and approval and, after specifically considering an application on the record for such a permit or certificate prior to site plan approval, expressly directs that such permit or certificate may be issued.
A. 
An application shall be submitted to the administrative officer, in writing, in duplicate on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.
B. 
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.
C. 
Notice for public hearing; minor site plan approval.
(1) 
The approving authority may waive notice and public hearing for an application if the approving authority finds that it conforms to the definition of "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan by the authority, provided that the approving authority may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-41 and 40:55D-53.
(2) 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute minor site plan approval.
(3) 
Whenever review or approval of the application by the Bergen County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board by its failure to report thereon within the required time period.
(4) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.
A. 
Preliminary site plan review.
(1) 
The applicant shall submit the preliminary site plan application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following:
(a) 
Approving Authority Attorney;
(b) 
Borough Engineer;
(c) 
Planning Consultant;
(d) 
Construction Code Official;
(e) 
Board of Health;
(f) 
Fire Department;
(g) 
Police Department;
(h) 
Department of Public Works;
(i) 
Other municipal officials and agencies as directed by the approving authority.
(2) 
Said professionals and board shall make recommendation to the approving authority in writing within 14 days of the application submission. The approving authority shall take said recommendations into account but shall have the authority to proceed in the absence of such recommendations which are not essential to its determination.
(3) 
If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed to be properly submitted.
(4) 
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.
B. 
Other governmental approvals. Any preliminary site plan approval required for county site plan approval or for any other county, state or federal agency shall be submitted by the applicant for review and approval. The approving authority shall not take any final action until approval is granted by said governmental agency or a statement authorizing the municipal approving authority to proceed in its application.
C. 
Public hearings. Upon submission of a perfected application, at the direction of the approving authority, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 238-9 for public hearings.
D. 
Time period in which to act.
(1) 
Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, or 10 dwelling units or less, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.
(2) 
Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.
E. 
Applicant's responsibilities. Prior to approving authority acceptance of a preliminary site plan or a simultaneous site plan for preliminary and final approval, the applicant shall be required to:
(1) 
Enter into a developer's agreement prepared by the approving authority Attorney setting forth the obligations of all parties.
(2) 
Enter into a performance guaranty agreement, in a form satisfactory to the approving authority and Borough, complying with Articles XI and XII where appropriate, guaranteeing performance to the developer's agreement.
(3) 
Provide for the conveyance of any easements, rights-of-way or public lands in a form and under conditions satisfactory to the approving authority and the Borough.
(4) 
Provide maintenance guaranties, if any, for work completed prior to final approval.
(5) 
Provide evidence of compliance with any other conditions imposed by the approving authority or other governmental agency or utility.
(6) 
Pay all required fees as required herein.
(7) 
Provide proof of payment of taxes.
A. 
Preliminary approval of a site plan shall confer upon the applicant 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.
(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) 
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 A(1) and (2) for a time period longer than three 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 preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall 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 area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have teen revised, such revised standards may govern.
(4) 
That the applicant may apply for and the approving authority may grant extensions on 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.
B. 
Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.
An application shall be submitted to the administrative officer, in writing, in duplicate on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.
A. 
Final site plan review.
(1) 
The applicant shall submit the final site plan application and plat maps and payment of all required fees to the administrative officer who shall submit copies of the plat to the following:
(a) 
Approving Authority Attorney;
(b) 
Borough Engineer;
(c) 
Planning Consultant;
(d) 
Construction Code Official;
(e) 
Board of Health;
(f) 
Fire Department;
(g) 
Police Department;
(h) 
Department of Public Works;
(i) 
Other municipal officials and agencies as directed by the approving authority.
(2) 
Said professionals and boards may make recommendations to the approving authority, in writing, within 14 days of the application submission. The approving authority shall take 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.
(3) 
The approving authority shall review the application for final site plan approval with or without conditions, provided that the following requirements have been met:
(a) 
The detailed drawings, specifications and estimates meet all applicable codes and ordinances;
(b) 
The final plans are substantially the same as the approved preliminary site plan and conditions governing same;
(c) 
All improvements have been installed or bonds posted to ensure the installation of improvements;
(d) 
The applicant agrees, in writing, to all conditions of final approval;
(e) 
Proof has been submitted that no taxes or assessments for local improvements are due or delinquent for which final site plan approval is sought;
(f) 
All applicable fees have been paid prior to any final action by the approving authority;
(g) 
Requirements of other governmental units have been complied with.
B. 
County Planning Board and other governmental agency approval. 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 approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.
C. 
Tine period in which to act.
(1) 
The approving authority shall grant, condition or deny final site plan approval within 45 days from receipt of a perfected and complete site plan application or within such further time as may be consented to by the applicant.
(2) 
Failure of the approving authority to act within the prescribed time period or to obtain an extension from the applicant, in writing, shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval.
D. 
Final site plan authorization. Upon approval of the site plan development plan and upon compliance with all conditions, the Engineer and the Chairman 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 applicant shall provide seven copies of the approved site plan to the administrative officer who shall forward a copy to each of the professionals as set forth in § 238-16.
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.
B. 
Final approval shall expire two years from the date of granting final approval unless actual construction takes place. "Actual construction" is defined as the placing of construction materials in their permanent position, fastened in a permanent manner. An applicant whose site plan approval has expired may resubmit a site plan.
C. 
In the case of site plan for a planned development of 50 acres or 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 thereafter apply for and the approving authority may there after grant an extension of final approval for such additional 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.
A. 
Compliance.
(1) 
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.
(2) 
It shall be the joint responsibility of the Borough 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.
B. 
Site plan binding. 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.
C. 
Revocation of building permit or certificate of occupancy. In the event of a failure to comply with any condition of site plan approval, the Construction Code Official or Zoning Officer, on his own initiative or upon recommendation from the Borough Attorney, 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.
D. 
Condition of final approval.
(1) 
The approving authority may, as a condition of final approval:
(a) 
Grant final approval only for designated geographic sections of the development;
(b) 
Grant final approval for certain work but require resubmission for final approval for designated elements, such as but not limited to landscaping, signs, street furniture, etc., and require approval of these elements as a prerequisite for a certificate of occupancy or zoning permit;
(c) 
Condition the granting of a certificate of occupancy or zoning permit subject to the applicant or developer or 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 improvements, reevaluation of circulation patterns, etc.