A.
Except as provided herein, no building or excavation
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.
A.
Site plan review. Site plan review shall not be required for single-family detached dwellings or for such accessory uses as private garages, tool houses, gardens and private greenhouses, swimming pools and other similar uses incidental to a single-family detached dwelling or for similar improvements as accessory uses to a principal use, except as may be provided in Subsection C below.
B.
C.
Approving authority approval. The Construction Official,
at his discretion, may refer any application for a building permit
to the approving authority for site plan approval where, in the Construction
Official's judgment, the construction, reconstruction, alteration
or change of use will affect motor vehicle and pedestrian circulation,
drainage, water supply, sewerage disposal, landscaping, signs, lighting,
off-street parking or loading, or any lack of any or all of these
factors, environmental factors and other considerations as specified
in this chapter.
A.
In cases where an applicant proposes to expand or
otherwise enlarge an existing use, structure or building, the standards
established by this chapter shall be applicable only to new additions,
provided that the same constitutes a small addition.
B.
Under the terms of this chapter, a small addition
shall not exceed 15% of the gross floor area of an existing use or
1,000 square feet, whichever shall be the lesser. All other additions
shall fully comply with the provisions of this chapter.
A.
Planning Board as approving authority. In accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) the Planning
Board shall act as approving authority for site plan approval, either
individually or as part of a simultaneous application, as follows:
(1)
For preliminary and final site plans.
(2)
For site plans which also require minor or major subdivision
approval.
(3)
For site plans which require conditional use approval.
(4)
For site plans which also require planned development
approval.
(5)
For site plans in which a variance request (in accordance
with N.J.S.A. 40:55D-60) from lot area, lot dimension, setback and
yard requirements is sought, provided that relief from lot area requirements
shall not be granted for more than one lot.
B.
Board of Adjustment as approving authority. In accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Board
of Adjustment shall act as approving authority for site plan approval
where a use variance, pursuant to N.J.S.A. 40:55D-70(d), is requested
in which a site plan is part of the application.
C.
Planning Board and Board of Adjustment as approving
authority. In the case of a variance request, pursuant to N.J.S.A.
40:55D-60, from lot area, lot dimension, setback and yard requirements
where the relief sought from lot area requirements exceeds one lot,
the applicant shall proceed initially with the Board of Adjustment
as to the lot area variance only and, if approved by the Board of
Adjustment, the applicant shall then proceed with the balance of the
variances requested before the Planning Board where a site plan is
part of the application.
D.
Exception in application of site plan regulations.
The approving authority, when acting upon applications for site plan
approval, shall have the power to grant such exceptions from the requirements
of this chapter as may be reasonable and within the general purpose
and intent of the provisions for site plan review, if the literal
enforcement of one or more provisions of the chapter is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land sought to be developed.
E.
Simultaneous review and approval. The approval authority
shall have the power to review and approve one or more land use ordinance
requirements simultaneously with review for site plan approval without
the applicant being required to make further application to the approving
authority, or the approving authority being required to hold further
hearings. The longest time period for action by the approving authority,
whether it be for subdivision, conditional use, site plan approval
or variance, shall apply. Whenever approval of a conditional use or
a use variance is requested by the applicant, notice of the hearing
on the plat shall include reference to the request for such conditional
use or use variance.
F.
Informal review of concept plan. At the request of
a developer, the approving authority shall grant an informal review
of a concept plan for a development for which the developer intends
to prepare and submit an application for development. The developer
shall not be required to submit any fees for such an informal review.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
A.
Preliminary site plan approval. The application fees
for preliminary site plan approval shall be as set forth in Schedule
A of this chapter and shall be paid with the filing of the application,
in cash, certified check or bank check, payable to the borough.
B.
Final site plan approval. The application fees for
final site plan approval shall be as set forth in Schedule B of this
chapter and shall be paid with the filing of the application, in cash,
certified check or bank check, payable to the borough.
C.
Simultaneous filing for preliminary and final site
plan approval. The application fees for simultaneous applications
for preliminary and final site plan approval shall be as set forth
in Schedule C of this chapter and shall be paid with the filing of
the application, in cash, certified check or bank check, payable to
the borough.
D.
Existing building occupancy or change of use approval.
The application fees for existing building occupancy or change of
use approval shall be as set forth in Schedule D of this chapter and
shall be paid with the filing of the application in cash, check, certified
check or bank check, payable to the borough.
E.
Filing fees for amended site plan application. The
application fees for an amended site plan application shall be as
set forth in Schedule E of this chapter and shall be paid with the
filing of the application, in cash, certified check or bank check,
payable to the borough.
F.
Inspection fees. The applicant shall deposit the sum
of 3% of the estimated cost of the improvements required by the site
plan approval to cover engineering investigation and inspection of
construction, together with a sum sufficient, in the opinion of the
approving authority, for all other costs concerning the application.
G.
Fees for specific services. The fees for reproduction
of minutes of meetings, transcripts, copies of decisions and certified
lists of persons requiring notice and other miscellaneous services
shall be as set forth in Schedule F of this chapter.
H.
Escrow fees and accounts for site plan applications shall be required and administered as in accordance with the provisions of Ch. 230, Land Use Procedures, Art. V, Escrow Accounts.
[Amended 5-5-1998 by Ord. No. 98-03][1].
[1]
Editor's Note: This ordinance also provided
for the deletion of former Subsection I, Escrow Fees; how determined,
which immediately followed this subsection.
As a further condition to approval by the approving
authority and the issuance of a building permit, the applicant shall
be required to enter into a developer's agreement with the borough
specifying the conditions of approval and the work to be performed
by the applicant.
A.
Required. A public hearing shall be required for the
following preliminary applications:
B.
Availability of maps and documents prior to hearing.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days prior
to the date of the hearing during normal business hours in the office
of the Borough Clerk. The applicant may produce other documents, records
or testimony at the hearing to substantiate, clarify or supplement
the previous filed maps and documents.
C.
Notice of public hearing.
(1)
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by:
(2)
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.
Notice to a condominium association, horizontal property regime, community
trust or homeowner's association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject matter of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners
or homeowners on account of such common elements or areas.
(3)
Said notice shall state the date, time and place of
the hearing; the nature of the application and the matters to be considered
by the approving authority; the identification of the property proposed
for subdivision or development by its street address and current tax
lot and block numbers. The notice shall also state that the maps and
documents concerning the application will be available for public
inspection at the Borough Clerk's office during normal business hours.
(4)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(5)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the borough at least
10 days prior to the public hearing.
(6)
Proof of service upon property owners and proof of
publication in affidavit form shall be submitted to the administrative
officer at least 48 hours prior to the public hearing.
D.
Certification of list of persons entitled to notice. Upon the written request of an applicant, the administrative officer of the borough shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection C of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on said list shall not invalidate any hearing or proceeding. The applicant shall pay a fee of $0.25 for each name or $10, whichever is the greater, for such list.
E.
Other notification.
(1)
Adjoining municipalities. 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.
(2)
Bergen County Planning Board. Notice of all hearings
on applications for the development of property adjacent to an existing
county road or proposed road shown of the official County Map or on
the County Master Plan, adjoining other county land or situated within
200 feet of the municipal boundary shall be given by personal service
or certified mail to the Bergen County Planning Board.
(3)
Commissioner of Transportation. Notice of all hearings
on applications for development of property adjacent to a state highway
shall be given by personal service or certified mail to the New Jersey
Commissioner of Transportation.
(4)
Department of Community Affairs. Notice of all hearings
on any applications for development of property which exceeds 150
acres or 500 dwelling units shall be given to the New Jersey Division
of State and Regional Planning in the Department of Community Affairs.
The notice shall include a copy of any maps or documents required
to be on file with the Borough Clerk concerning such application.
(5)
Effect of mailing notice. Notice made by certified
mail shall be deemed complete upon mailing.
F.
Verbatim recording required. The approving authority
shall provide for the verbatim recording of the proceedings by either
stenographer, mechanical or electronic means. The approving authority
shall furnish a transcript, or duplicate recording in lieu thereof,
on request to any interested party at his expense. The charge to an
interested party for a transcript shall not be more than the maximum
permitted in N.J.S.A. 42A:11-15, and such transcripts shall be certified
in writing by the transcriber to be accurate.
G.
Written findings and conclusions.
(1)
Each decision on any application for development shall
be reduced to writing as provided in this subsection and shall include
findings of fact and conclusions based thereon.
(2)
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
(3)
The approving authority may provide such written decision
and findings and conclusions either on the date of the meeting at
which the approving authority grants or denies approval or, if the
meeting at which such action is taken occurs within the final 45 days
of the applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the approving authority thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
(4)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the approving authority who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the approving
authority and not to be an action of the approving authority, except
that failure to adopt such a resolution within the forty-five-day
period shall result in the approval of the application for development,
notwithstanding any prior action taken thereon.
(5)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of decision for purposes of the mailing, filings
and publications required by law.
H.
Publication of notice of decision. A brief notice
shall be published in the official newspaper of the borough. The period
of time from which an appeal of the decision may be made shall run
from the publication of the decision.
A.
Site plan amendments. 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 complete amended application is received no less than 14
days before said meeting date and said amendments are minor in nature.
B.
Compliance.
(1)
All proposed improvements or development indicated
on the approved site plan map shall meet the requirements of all applicable
codes, ordinances and specifications of the borough, county, state
and/or federal governments and their agencies with jurisdiction concerning
the site development.
(2)
It shall be the joint responsibility of the Borough
Engineer and Construction Official to enforce their respective rules
and regulations to ensure compliance with the site plan approval and
specified conditions imposed by the approving authority.
C.
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 or approved amendments as provided in Subsection A above.
D.
Revocation of building permit or certification of
occupancy. In the event of a failure to comply with any condition
of site plan approval, the Construction Official, on his own initiative
or upon recommendation from the Borough Engineer, may revoke the building
permit or certificate of occupancy, as the case may be, and enforce
the terms and conditions of the site plan approval in such other manner
as permitted by law.
E.
Action subject to other governmental approvals.
(1)
Any application for site plan approval which either
requires municipal approval prior to other governmental action or
requires extensive review and consideration by other governmental
agencies may be granted conditional site plan approval by the approving
authority. The conditional approval shall expire within one year if
the applicant does not file for final site plan approval with the
approving authority.
(2)
In the event that the design and layout have been
affected by other governmental requirements, the applicant shall make
application for an amended site plan approval and pay the required
application fees and deposit the escrow funds required by this chapter.
