This article is adopted pursuant to N.J.S.A. 40:55D-38 and N.J.S.A.
40:55D-39 to ensure that any proposed development complies with all
of the standards and provisions set forth in N.J.S.A. 40:55D-38a and
b and N.J.S.A. 40:55D-2, which are hereby incorporated by reference.
Site plans shall be so designed as to provide for the harmonious use
of land and as to comply with all of the requirements of this article
and all other applicable ordinances and the foregoing purposes.
Nothing in this article shall be read as superseding, replacing, or contradicting Chapter
26 of the City of Hackensack Code Book, entitled "Land Use Procedures." Where sections of this article conflict with sections of Chapter
26, deference shall be given to that chapter.
If it can be demonstrated that, because of peculiar conditions
relating to the property or proposed construction, any of the above
details are not necessary to properly evaluate the site plan, the
reviewing board, upon written application, may modify or waive any
of the specific site plan details.
The reviewing board approval may refer the site plan to the
City Engineer, Planner, Police Department, Fire Department and/or
any other pertinent departments for review and comment. Following
receipt of such comments, the reviewing board, before approval, shall
determine that the proposed site plan and structure will compare favorably
with community standards, other neighborhood improvements and the
properly intended and planned appearances throughout any street or
neighborhood. In making such determination, the reviewing board shall
consider the objectives of review as set forth in this article.
The reviewing board may require, as a condition of its approval,
that the applicant enter into an agreement with the Board providing
for such reasonable conditions as the Board finds necessary to assure
that the required improvements shall be properly installed and will
function so as not to create any nuisance or condition adverse to
the public interest.
When reviewing a site plan, the reviewing board shall determine
if off-tract public utilities and facilities are capable of serving
the proposed development. If these public utilities and facilities
are inadequate, the reviewing board shall document the inadequacies
and either deny the application and advise the applicant and the City
Council of the off-tract improvements that are required for the approval
or provide an approval conditioned upon the correction of the inadequacies.
The applicant shall meet with the City Council of the City of Hackensack
or other responsible agency to make adequate provision for these off-tract
improvements, and, upon the resolution of this issue, within 18 months
of the original denial, the reviewing board may grant approval without
a resubmission of the site plan documents.
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit or certificate of occupancy,
as the case may be, shall be construed to be a violation of this article
and shall be grounds for the revocation of any building permit or
certificate of occupancy, as the case may be. If the Construction
Official finds that any conditions of site plan approval have not
been met, he shall give the applicant 10 days' written notice to comply
with said conditions and failure to comply within this ten-day period
shall result in the revocation of the building permit or certificate
of occupancy, as the case may be. Such violations may additionally
or singly also be prosecuted by law.