Borough of Closter, NJ Site Plan Approval Procedure

Ordinary or minor repairs to the exterior or interior of a building do not involve structural changes or enlargements of the building, as defined in the Uniform Construction Code of the State of New Jersey.

Renovations or alterations to the exterior or interior of any building or structure do not involve any enlargement of the building or major structural change, as defined in the Uniform Construction Code of the State of New Jersey.

However, the Construction Code Official shall refer any application for a building permit to the approving authority for site plan approval, § 173-27B(1) and (2) notwithstanding, where the construction, reconstruction, alteration or change of use will affect circulation, 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.

Except as provided in § 173-27B(1) and (2) herein, all construction or enlargement of a building or structure shall require site plan approval. However, any change in use to a permitted use within the zoning district in any building or structure thereon shall not necessarily require Board approval, provided that the proposed use is approved by the Zoning Officer in conjunction with the Construction Code Official when required. The proposed user must submit an affidavit and other documents satisfactory to these administrative officers. A list of the required documents may be obtained from the Construction Office. Upon receipt of satisfactory information, the Zoning Officer, in conjunction with the Construction Code Official where issues are related to the New Jersey Uniform Construction Code, may approve the use administratively. Alternatively, if, in the opinion of the Zoning Officer and/or the Construction Code Official, there has been a material change in the use of the property contrary to the statements contained in the user’s documentation, then the user may be required to apply to the appropriate board for approval of the use, as otherwise set forth in Chapter 173 of the Closter Code. In addition, where the change of use will have a more adverse effect than the existing use on circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading or the lack of any of these factors, environmental factors and other considerations as specified in this chapter, site plan approval will be required.

[Amended 3-13-1985 by Ord. No. 1985:491; 11-25-1991 by Ord. No. 1991:617; 3-11-1992 by Ord. No. 1992:618; 9-24-2012 by Ord. No. 2012:1130]

§ 173-28 Minor site plan requirements.

[Added 11-25-1991 by Ord. No. 1991:617]

Application for a minor site plan shall be submitted to the administrative officer, in writing, in triplicate, on forms supplied by the municipal agency. Receipt of an application for minor site plan approval shall be filed no less than 10 days prior to the regular meeting date of the municipal agency. The application fee required shall be that as set forth in Chapter 35, Land Use Procedures, and shall be submitted with the application form.

The application shall be accompanied by 15 copies of a sketch plot of the proposed minor site plan, accurately drawn to a scale of not less than one inch equals 50 feet. The sketch plot shall indicate:

The title block, entitled: "Minor Site Plan of Lot _____, Block _____."

The date of the plan and any revision dates, the scale and North point.

The layout of the proposed use, including floor plans and elevations.

(4)

A key map showing location of the subject lot(s) with reference to surrounding areas and existing street intersections.

(5)

The names and addresses of record owners and applicants, if different than the owners.

(6)

The location of all signs.

(7)

The names of all owners and records of all properties within 200 feet and the blocks and parcel numbers of the property as shown on the latest tax record; in addition, all adjoining structures should be indicated on the sketch plot.

(8)

Boundaries of the property, building or setback lines and lines of the existing street, lot reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.

(9)

A copy of any covenants, deed restrictions or exceptions that are intended to cover all or any part of the tract.

(10)

The dimensions of all existing and proposed parking areas.

(11)

The proposed lighting, screening and landscaping.

(12)

Such other information or data as may be required by the municipal agency in order to determine that the details on the minor site plan are in accordance with the standards of the Zoning Ordinance[1] or standards contained herein and other municipal, county or state ordinances and regulations.

[1]

Editor's Note: See Ch. 200, Zoning.

The municipal agency shall prepare a checklist setting forth the items contained in Subsection B above which shall be provided to the applicant along with the application form. The checklist shall be used for purposes of determining the completion of the application pursuant to N.J.S.A. 40:55D-10.3.

§ 173-29 Filing for preliminary site plan approval.

An application shall be submitted to the administrative officer, in writing, in triplicate, 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.

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.

§ 173-30 Procedural requirements for preliminary site plan approval.

Preliminary site plan review.

The applicant shall submit the preliminary site plan application and 20 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:

(a)

Approving authority attorney.

(b)

Borough Engineer.

(c)

Planning consultant.

(d)

Building Inspector/Chief Construction Official.[1]

[1]

Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

Board of Health.

Fire Department.

Police Department.

Department of Public Works.

(i)

Other municipal officials and agencies as directed by the approving authority.

Said professionals and Boards shall make recommendations to the approving authority, in writing, within 35 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.

If a preliminary site plan application 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.

[Amended 4-21-1980 by Ord. No. 1980:372]

(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.

County Planning Board and other governmental agency approvals.

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 by its failure to report thereon within the required time period.

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.

Other requirements.

The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary site plan approval is sought.

All applicable fees shall be paid prior to any action by the approving authority.

Public hearings. 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 § 173-7 for public hearings.

Time period in which to act.

The approving authority shall grant, condition or deny preliminary site plan approval within 45 days of receipt of a perfected and complete site plan 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.

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.

§ 173-31 Effect of preliminary site plan approval.

Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

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.

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.

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.

(4)

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), (2) and (3) above, for such 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 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.

Failure to obtain final approval within the prescribed time limits, as herein defined, shall void the preliminary plat approval.

§ 173-32 Filing for final site plan approval.

An application shall be submitted to the administrative officer, in writing, in triplicate, 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.

§ 173-33 Procedural requirements for final site plan approval.

Final site plan review.

The applicant shall submit the final site plan application and 20 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:

Borough Engineer.

Board of Health.

Planning consultant.

Department of Public Works.

(e)

Approving authority attorney.

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 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.

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 the same.

(c)

All improvements have been installed or bonds posted to insure 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.

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 by its failure to report thereon within the required time period.

Time period in which to act.

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.

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 Borough Clerk as to the failure of the approving authority to act shall be issued upon the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

Final site plan approval. Upon approval of the site 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 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 identified in § 173-33A herein.

§ 173-34 Effect of final site plan approval.

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 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.

Final 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 § 173-33 for one year. Up to three such extensions may be granted.

In the case of a 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 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.

The approving authority may, as a condition of final approval:

Grant final approval only for designated geographic sections of the development.

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.

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.

§ 173-35 Other site plan requirements.

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 amended application is received no less than 14 days before said meeting date and said amendments are minor in nature.

Compliance.

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.