A.
Except as provided herein, no building or construction
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, toolhouses, 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, sewage 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.
[Added 7-10-2006 by Ord. No. 08-06]
A.
Submission requirements. The following items shall
be required to be submitted with all applications:
B.
New or additional signage. In the event the application
proposes new or additional signage, the following shall be provided:
(1)
Signs. The applicant shall provide the number of proposed
signs, the dimensions (height, width and depth) of each sign, the
material and colors of each sign, the proposed location of the sign
on the building, including height from the ground level and the method
of lighting, if any.
(2)
Awnings and canopies. The applicant shall provide
the dimensions (height, width and depth) of any awning or canopy,
the materials and method of construction, the proposed location for
the awning or canopy on the building, including the height from ground
level, the details of signage located on the awning or canopy, and
the colors of the awning or canopy.
(3)
Window displays. Information shall be provided as
to the dimensions of a window display (height, width and depth), the
materials and method of construction, the proposed location, including
the height from floor level and distance from the window, and details
of any permanent structures to be constructed in the window. Window
displays shall consist of merchandise, and/or product information
for items or service available for that business. The following type
of items would not be considered as part of a display and shall not
block (cover more than [10%] of a window) or be placed within 24 inches
from the inside of a window without approved screening: natural kraft
cartons, food preparation equipment, refrigeration cabinets, vending
machines, display racks or shelving.
C.
Facade improvements. If a new facade is proposed,
the following shall be submitted:
(1)
Building components. Details of cornices, columns,
trim and other design elements, details of exterior stairways and
ramps and of any decks, patios and porches.
(2)
Windows and doors. Any modifications to existing door
and window openings shall be detailed, together with information pertaining
to any new display windows and details pertaining to modifications
proposed to building entranceways.
(3)
Building materials. The applicant shall provide details
relating to any new exterior siding and the proposed pattern, trim
materials, color and pattern of brick or stone, details pertaining
to exterior openings for doors and windows, including the proposed
materials and finish, and details pertaining to exterior painting,
staining or finish, including the color, and shall submit color chips,
as well as details pertaining to siding color and trim. Information
shall be provided pertaining to exterior light fixtures, the proposed
type of fixture and the vendor thereof, as well as details pertaining
to any new heating or cooling system, including the type of system
and proposed location thereof if situated on the exterior of the premises.
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 a new addition,
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 the 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 the 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 ordinance 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 approving authority
shall have the power to review and approve one or more land use ordinance
requirements simultaneously with the 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 Chapter 123, Fees, of this Code and shall be paid with the filing of the application, in cash, certified check or bank check, payable to the municipality.
B.
Final site plan approval. The application fees for final site plan approval shall be as set forth in Chapter 123, Fees, of this Code and shall be paid with the filing of the application, in cash, certified check or bank check, payable to the municipality.
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 Chapter 123, Fees, of this Code and shall be paid with the filing of the application, in cash, certified check or bank check, payable to the municipality.
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 Chapter 123, Fees, of this Code and shall be paid with the filing of the application, in cash, certified check or bank check, payable to the municipality.
E.
Filing fees for amended site plan application. The application fees for an amended site plan application shall be as set forth in Chapter 123, Fees, of this Code and shall be paid with the filing of the application, in cash, certified check or bank check, payable to the municipality.
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 Chapter 123, Fees, of this Code.
H.
Escrow fees: Payment of professional services rendered
to the approving authority by its consultants, including the Engineer,
Planner, Traffic Engineer and Attorney, shall be made in the following
manner:
[Amended 12-6-2021 by Ord. No. 2021-15]
(2)
The professional consultants shall submit vouchers to the municipality
for their services, and, upon approval of the approving authority,
the vouchers shall be paid from the applicant's escrow account.
The applicant shall be provided with copies of vouchers submitted
for payment from the applicant's escrow account.
(3)
The balance remaining in the applicant's escrow account upon
final action on the application shall be returned to the applicant.
(4)
In the event that the funds deposited by the applicant are found
to be insufficient to pay the approving authority's professional
consultants for their services, the approving authority may require
the applicant to deposit additional funds with the municipality for
that purpose.
(5)
The administrative officer shall notify the approving authority's
professional consultants when the escrow deposits have been made and
that they may begin their reviews of the application.
(6)
The approving authority shall take no formal action concerning the
application unless all application fees and escrow fees have been
paid to the municipality.
I.
Escrow fees; how determined. Upon receipt of an application
requiring escrow fees, the administrative officer shall send a copy
of the application and one set of all maps and reports to the Municipal
Engineer, the approving authority Attorney and any other approving
authority professional consultants. Within seven days of the receipt
of a copy of the application, said professional consultants shall
submit an estimate of the funds sufficient in amount to pay for the
technical reviews, reports and other services they deem will be necessary
concerning the application. After receipt of such estimated fees,
the approving authority shall determine the funds necessary to pay
its professional consultants for anticipated services to be rendered
concerning the application, and the applicant shall forthwith deposit
the required funds with the municipality to be maintained in an escrow
account to be used for the payment of professional services rendered
to the approving authority by its consultants in the following manner:
(1)
The professional consultants shall submit vouchers
to the municipality for their services, and, upon approval of the
approving authority, the vouchers shall be paid from the applicant’s
escrow account. The applicant may request of the approving authority
copies of vouchers submitted for payment from the applicant’s
escrow account and may request the opportunity to be heard by the
approving authority concerning such vouchers prior to their being
approved for payment.
(2)
The balance remaining in the applicant’s escrow
account upon final action on the application shall be returned to
the applicant.
(3)
In the event that the funds deposited by the applicant
are found to be insufficient to pay the approving authority’s
professional consultants for their services, the approving authority
may require the applicant to deposit additional funds with the municipality
for that purpose.
(4)
The administrative officer shall notify the approving
authority’s professional consultants when the escrow deposits
have been made and that they may begin their reviews of the application.
(5)
The approving authority shall take no formal action
concerning the application unless all application fees and escrow
fees have been paid to the municipality.
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 municipality
specifying the conditions of approval and the work to be performed
by the applicant.
A.
When 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 Municipal Clerk. The applicant may produce other documents,
records or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C.
Notice of public hearings.
(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.
(b)
Notice to a partnership owner may be made by
service upon any partner.
(c)
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.
(d)
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.
(2)
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 Municipal Clerk’s office during normal business
hours.
(3)
Notice shall be given at least 10 days prior to the
date of the public hearing.
(4)
The applicant shall also cause notice of the hearing
to be published in the official newspaper of the municipality at least
10 days prior to the public hearing.
(5)
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 municipality 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 as set forth in Chapter 123, Fees, for such list.
E.
Other notifications.
(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 on 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 Municipal 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
stenographic, 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. 2A: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 mailings, filings
and publications required by law.
H.
Notification of decision. A copy of the decision shall
be mailed by the approving authority within 10 days of the date of
the decision to the applicant or, if represented, to his attorney,
without separate charge, and to all who may request a copy of the
decision for a reasonable fee. A copy of the decision shall also be
filed by the approving authority in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
I.
Publication of notice of decision. A brief notice
shall be published in the official newspaper of the municipality.
The period of time from which an appeal of the decision may be made
shall run from the publication of the decision.
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.
A.
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 municipality, county,
state and/or federal governments and their agencies with jurisdiction
concerning the site development.
B.
It shall be the joint responsibility of the Municipal
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.
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 § 236-10.
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 Municipal 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.
A.
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.
B.
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.
A.
Any change in use, ownership or occupancy of an existing nonresidential structure or use shall require issuance of a zoning permit by the Zoning Officer pursuant to Chapter 290, Zoning, prior to the issuance of a certificate of occupancy by the Construction Official.
[Amended 12-5-2016 by Ord. No. 2016-11]
B.
The applicant shall be required to submit a change
of use application and an accompanying sketch plat indicating the
location and layout of all existing structures, lot configuration,
general parking and loading areas, lighting, drainage, landscaping
and other general site factors. In lieu of such sketch plat, the applicant
may refer to prior site plans for the premises filed with the approving
authority with appropriate notations indicating any changes made on
the premises since the earlier site plan approval.
C.
If the Zoning Officer determines that the change of use or intensity of activity does not require additional site improvements, a zoning permit pursuant to Chapter 290, Zoning, shall be issued and the Zoning Officer shall forward a copy of its action to the Construction Official.
[Amended 12-5-2016 by Ord. No. 2016-11]
D.
If the Zoning Officer determines that certain improvements are required,
the Zoning Officer may require submission of a partial or complete
site plan application as provided by this chapter.
[Amended 12-5-2016 by Ord. No. 2016-11]
E.
Upon the request of an applicant, the Zoning Officer may waive the
requirements of this section for premises consisting of less than
2,500 square feet (not including basement storage), provided that
the Zoning Officer is satisfied that the change of occupancy does
not materially affect the present use or intensity of activity on
the premises. Factors to be considered by the Zoning Officer for granting
a waiver are compatibility of uses, number of employees, parking required,
and any alteration or modification to the premises.
[Amended 12-5-2016 by Ord. No. 2016-11; 4-6-2020 by Ord. No. 2020-07]
F.
If the Zoning Officer determines, in his discretion, that review
of the change of use or intensity of activity is of such a magnitude
that review by the approving authority is warranted, the Zoning Officer
shall refer the application for the change of use or intensity to
the approving authority, which shall consider the application for
a change of use or intensity at its next available meeting. The approving
authority shall either approve the application for change of use or
intensity of activity, or shall require a partial or complete site
plan application as provided by this chapter if it determines that
certain improvements are required.
[Added 12-5-2016 by Ord.
No. 2016-11]
