The municipal agency shall not formally accept
an application for site plan approval unless the conditions set for
in Subsections A through C and other conditions specified elsewhere
have been complied with.
A. Application forms. Ten copies of the application form, to be provided by the Secretary of the municipal agency, shall be completed in accordance with §
390-136 hereof and submitted to the municipal agency.
B. Required number of maps and reports. Ten copies of
all maps and written reports shall be provided and submitted to the
municipal agency.
C. Application fee requirements. All application fees shall be paid in accordance with Article
XXXVIII prior to formal acceptance of a site plan application by the municipal agency.
The municipal agency shall formally accept the application for a site plan once conditions established in §
390-141 have been complied with. If an application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
If the Planning Board shall determine that the application for preliminary site plan review does not comply with the requirements of this Part
4, the applicant shall be notified thereof within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
If the Planning Board shall determine that any
substantial amendment is required in the layout of improvements proposed
in the application which have been the subject of a hearing, the applicant
shall submit an amended application for preliminary site plan review,
and said amended application shall then be considered by the Planning
Board as an original application for preliminary site plan review.
Preliminary site plan approval may then be granted by the Planning
Board if it determines that the application complies with the requirements
of the within ordinances.
If the application before the Planning Board
shall be solely for site plan review, the Planning Board shall hold
a hearing on said application at its next regularly scheduled public
meeting or at any special meeting properly scheduled for the hearing
of the application; provided, however, that no hearing shall be held
less than 14 days after receipt of a complete submission for site
plan review. Pursuant to N.J.S.A. 40:55D-12a(1), no public notice
of the hearing shall be given unless the Planning Board shall schedule
a special meeting for purposes of hearing the application. In either
event, no notice need be given to those normally entitled to receive
notice pursuant to N.J.S.A. 40:55D-12a, b, c, d, e, f and g.
On all applications for which only preliminary
site plan review is sought, the Planning Board shall grant or deny
preliminary approval within 45 days of the submission of the completed
site plan application for 10 acres of land or less or within such
further time as may be consented to by the applicant. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
of the site plan.
Whenever application for site plan approval
shall be made to the Planning Board and shall include a request for
variances pursuant to N.J.S.A. 40:55D-70c, the application for site
plan approval to the Planning Board must be granted or denied within
95 days after submission by the applicant of a complete application
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute approval of the application, and a certificate shall
be issued by the Secretary of the Planning Board on request of the
applicant, setting forth the failure of the Planning Board to act
within the prescribed time period. Said certificate shall be deemed
sufficient in lieu of written endorsement or other evidence of approval
required and shall be so accepted by the Clerk of Bergen County for
purposes of filing subdivision plats.
If the application for preliminary site plan
review shall be included in conjunction with an application before
the Planning Board for conditional uses pursuant to N.J.S.A. 40:55D-67a,
the Planning Board shall grant or deny site plan approval within 95
days of submission of a complete application by the applicant or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
approval of the application.
If any application made pursuant to §§
390-147 and
390-148 requires review or approval by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-6.3 or 40:27-6.6, the Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board as a result of its failure to report to the Planning Board on the application submitted within 30 days from the date of receipt of the application, unless, by mutual agreement between the Planning Board and the Bergen County Planning Board and with the approval of the applicant, the thirty-day period shall be extended for an additional thirty-day period.
All applications made to the Planning Board pursuant to §§
390-147 and
390-148 shall comply with the provisions of the ordinance of the Borough of Ridgefield establishing a Planning Board and a Zoning Board of Adjustment pursuant to the provisions of Chapter 291 of the Laws of New Jersey 1975; providing for the powers of said Boards; fixing the procedures governing applications to said Boards and appeals therefrom; and providing for the continuance of existing ordinances, and the hearing, the conduct thereof and the determination reached shall be governed in accordance with provisions set forth in Section 30 of the same ordinance.
Preliminary approval of a site plan application
pursuant to N.J.S.A. 40:55D-46 shall, except as hereafter provided,
confer upon the applicant the following rights for a three-year period
from the date of preliminary approval:
A. 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 off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing
herein shall be construed to prevent the municipality from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
B. 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 subdivision plat or site
plan, as the case may be.
C. That the applicant may apply for and the municipal
agency may grant extensions on such 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.
D. In the case of a subdivision of or site plan for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsections
A,
B and
C above for such period of time longer than three years as shall be determined by the municipal agency 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 and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the 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, however, that if the design standards have been revised, such revised standards may govern.
The municipal agency shall grant final approval
where final and detailed drawings, specifications and estimates of
the application for final approval conform to the standards established
herein and the conditions of preliminary approval have been met and,
in the case of a major subdivision, the standards prescribed by N.J.S.A.
40:23-9.9 et seq., within the following time periods for determination:
A. Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary of
the municipal agency and the Building Inspector or within such further
time as may be consented to by the applicant.
B. Failure of the municipal agency to act within the period prescribed shall constitute approval of the application. If any application made pursuant to §§
390-147,
390-148 and
390-151 requires review or approval by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-6.3 or 40:27-6.6, the municipal agency shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board as a result of its failure to report to the municipal agency on the application submitted within 30 days from the date of receipt of the application, unless, by mutual agreement between the municipal agency and the Bergen County Planning Board and with the approval of the applicant, the thirty-day period shall be extended for an additional thirty-day period.
In the event of a failure to comply with any
condition of site plan approval, the Building Inspector, 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 seek to enjoin the violation or take such other steps as permitted
by law.
The municipal agency may authorize the Building
Inspector to issue a temporary certificate of occupancy, not to exceed
a maximum of 180 days, if, in the municipal agency's opinion, or in
the Borough Engineer's opinion, as may be authorized by municipal
agency resolution, the delay in meeting the requirements of site plan
approval is in the best interests of the community or the delay was
caused by factors beyond the control of the applicant or if the delay
will impose severe hardship on the applicant. Said temporary certificate
of occupancy may be granted where weather or other similar conditions
beyond the control of the applicant will prevent compliance with the
conditions of site plan approval.