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 5-13-1981 by Ord. No. 1981:404]
A.
Site plan review shall not be required for single-family
detached dwellings or for such accessory uses as a private garage,
toolhouse, garden and private greenhouses, swimming pools and other
similar uses incidental to a single detached dwelling or for similar
improvements as accessory uses to a principal use.
B.
Site plan approval shall not be required where:
[Amended 3-13-1985 by Ord. No. 1985:491]
(1)
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.
(2)
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.
C.
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.
D.
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]
[Added 11-25-1991 by Ord. No. 1991:617]
A.
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.
B.
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:
(1)
The title block, entitled: "Minor Site Plan of Lot
_____, Block _____."
(2)
The date of the plan and any revision dates, the scale
and North point.
(3)
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.
C.
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.
A.
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.
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.
A.
Preliminary site plan review.
(1)
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:
(2)
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.
(3)
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.
B.
County Planning Board and other governmental agency
approvals.
(1)
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.
(2)
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.
D.
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.
E.
Time period in which to act.
(1)
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.
(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.
A.
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:
(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.
(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.
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 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.
A.
Final site plan review.
(1)
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:
(2)
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.
(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 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.
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 by its failure
to report thereon within the required time period.
C.
Time period in which to act.
(1)
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.
(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 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.
D.
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.
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
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 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.
C.
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.
D.
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 require
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 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.
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 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 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.
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 except as provided in § 173-35A.
D.
Revocation of building permit or certificate of occupancy.
In the event of a failure to comply with any condition of site plan
approval, the Building Inspector/Chief Construction Official, on his
or her own initiative or upon a 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.[2]
