[Amended 10-12-2001 by Ord. No. 26-01]
A. 
General requirements. Any application seeking site plan or subdivision approval shall complete and file the forms of site plan review application checklist and zoning checklist, which are annexed hereto and specifically made a part hereof.[1] Said application shall be submitted to the office of the Zoning Officer, who shall review the application for completeness. After initial review and upon determination of completeness, the Zoning Officer will schedule a hearing for the application at the earliest available agenda date. Applicants placed on the agenda must give public notice of the hearing, and notice to all property owners within 200 feet of the property in question, at least 10 days prior to the hearing date. The deadline for submitting advertising copy to either the Sun Bulletin or to the Bergen Record for publication is determined by the individual newspaper, which publication must take place at least 10 days prior to the date of public hearing. A certified list of property owners requiring a notice may be obtained from the Borough for a fee of $10. Proof of publication and service upon all owners within 200 feet shall be filed with the Zoning Officer prior to the public hearing.
[1]
Editor's Note: The checklists are on file in the Clerk's office.
B. 
Submission requirements. All materials must be submitted to the Building Department and fees payable to the Borough of Leonia. All plans shall be folded, not rolled, and rolled plans shall be returned to the applicant and the application deemed incomplete. The materials to be submitted in connection with any developmental plan are as set forth in the application checklist.
C. 
Site plan review.
(1) 
The applicant shall submit a complete site plan application which includes one original and 18 copies, along with a completed checklist. In addition, the applicant shall submit 18 copies of a complete site plan of the proposed improvements, which shall contain all information as listed on the checklist as well as any information that was made part of any previous submission. The application shall also contain 18 copies of a topographic survey of existing conditions.
(2) 
The applicant shall also submit any additional information as requested by the Board, such as traffic and parking studies, environmental and impact studies or other studies or information. A parking analysis shall be submitted with the application. The applicant shall list and show calculations for the proposed and required parking and identify any variances required.
(3) 
A zoning analysis of the subject property and improvements shall also be submitted with the application.
D. 
Application fees.
(1) 
Notwithstanding any other part, portion or provision of any other section of the Leonia Code, the following fees shall be charged:
[Amended 9-9-2009 by Ord. No. 12-09]
(a) 
$300, plus $50 for each lot for minor subdivision; or
(b) 
$400, plus $50 for each lot in a major subdivision; or
(c) 
$400, for site plan approval.
(2) 
Where both site plan and subdivision approvals are sought, both fees shall be paid.
(3) 
In addition to the fees above, a separate check for engineering, legal and planning review shall be paid as an escrow for the following:
(a) 
$1,300 for minor subdivision; or
[Amended 9-9-2009 by Ord. No. 12-09]
(b) 
$1,500 for major subdivision; or
[Amended 9-9-2009 by Ord. No. 12-09]
(c) 
$1,300, for site plan approval.
(d) 
$150 for informal review of a[2]
[Added 9-9-2009 by Ord. No. 15-09]
[2]
Editor's Note: So in original.
(4) 
All such funds will be deposited into the Board escrow account for the project. Upon completion of the process, the applicant shall submit a written request to the Zoning Officer for return of unused balances of escrow accounts for engineering, legal and planning review. The application fees are nonrefundable.
A. 
Preliminary site plan review.
(1) 
Upon receipt of an application for preliminary site plan approval, the administrative officer shall submit copies of the preliminary plat to:
(a) 
The Municipal Engineer.
(b) 
The Construction Official.
(c) 
The Chief of Police.
(d) 
The Fire Prevention Bureau.
(e) 
Such other persons as the approving authority may designate.
(2) 
Said officials and agencies shall make recommendations to the approving authority, in writing, within 45 days of the date of the filing of the application. The approving authority shall consider such recommendations but shall have the authority to proceed in the absence of such recommendations should the approving authority deem such recommendations not to be essential to its determination.
(3) 
If the application is found to be incomplete for any reason, the applicant shall be notified thereof within 45 days of the date of submission, or it shall be deemed to be perfected as to content.
(4) 
Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content for public hearing purposes.
B. 
County Planning Board and other governmental agency approval.
(1) 
Any site plan application requiring County Planning Board or other governmental agency approval shall be submitted by the applicant to the County Planning Board and/or other governmental agencies 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 or upon the County Planning Board or such other governmental agency failing to report thereon within the time provided by law.
(2) 
A preliminary site plan requiring County Planning Board or other governmental agency approval which may not have been received at the time of the public hearing by the approving authority shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon as provided by law.
C. 
Other requirements.
(1) 
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.
(2) 
All applicable fees shall be paid prior to any action by the approving authority.
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 § 236-9 of this chapter for public hearings.
E. 
Time period in which to act.
(1) 
Within 45 days of the submission of an application, the approving authority shall notify the applicant, in writing, if the application is incomplete. In the event that the approving authority fails to notify the applicant that the application is incomplete and of the deficiencies in the application within 45 days of submission of the application, it shall be deemed to be properly submitted.
(2) 
The approving authority shall grant or deny preliminary site plan approval within 45 days of a complete application for a preliminary site plan involving 10 acres of land or less and 10 dwelling units or less or within 95 days of a complete application for a preliminary site plan involving more than 10 acres or more than 10 dwelling units or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan application.
A. 
The 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 upon 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 an extension of such preliminary approval for the additional period 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 shall govern.
(4) 
That, in the case of a site plan for an area of 50 acres or more:
(a) 
The approving authority may grant the rights conferred 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:
[1] 
The number of dwelling units and nonresidential floor area permissible under the preliminary approval.
[2] 
Economic conditions.
[3] 
The comprehensiveness of the development.
(b) 
The applicant may thereafter apply for and the approving authority may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration:
[1] 
The number of dwelling units and nonresidential floor area permissible under the preliminary approval.
[2] 
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
[3] 
Economic conditions.
[4] 
The comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall 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 duplicate, on forms provided by the approving authority. An application for final approval of a site plan shall be filed no later than 21 days prior to the regular meeting date of the approving authority. Fees shall be required as provided in Article II, § 236-7, of this chapter and shall be submitted with the application form.
A. 
Final site plan review.
(1) 
Upon receipt of an application for final site plan approval, the administrative officer shall submit copies of the final plat to:
(a) 
The Municipal Engineer.
(b) 
The Construction Official.
(c) 
The Chief of Police.
(d) 
The Fire Prevention Bureau.
(e) 
Such other persons as the approving authority may designate.
(2) 
Said officials and agencies shall make recommendations to the approving authority, in writing, within 45 days of the date of the filing of the application. The approving authority shall consider such recommendations but shall have the authority to proceed in the absence of such recommendations should the approving authority deem such recommendations not to be essential to its determination.
(3) 
If the application is found to be incomplete for any reason, the applicant shall be notified thereof within 45 days of the date of submission, or it shall be deemed to be perfected as to content.
(4) 
Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content for public hearing purposes.
(5) 
The approving authority shall approve 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 same.
(c) 
All improvements have been installed, or a developer’s agreement has been entered into between the applicant and the municipality, and all performance guaranties have been posted to ensure the installation of the 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 on the premises for which final site plan approval is sought.
(f) 
All applicable fees have been paid.
(g) 
Requirements of all other governmental agencies have been complied with.
B. 
County Planning Board and other governmental agency approval. Whenever review or approval is required by the County Planning Board or other governmental agency, a final site plan application shall be submitted by the applicant to the County Planning Board and such other governmental agency. 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 such other governmental agency or the failure of the County Planning Board or such other governmental agency to report on the application within the time provided by law
C. 
Time within which to act.
(1) 
The approving authority shall grant, condition or deny final site plan approval within 45 days of the 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 within such further time as may be consented to by the applicant, in writing, shall constitute final approval, and a certificate of the Municipal Clerk as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval.
D. 
Final site plan approval authorization. Upon approval of the site development plan and compliance with all conditions, the Municipal Engineer and the Chairman and Secretary of the approving authority shall be authorized to sign the plan, and the Secretary shall affix the seal of the approving authority. The tracing shall become 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 officials and agencies set forth in Subsection A above.
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 the preliminary approval and all other rights conferred upon the applicant as part of the preliminary approval shall not be changed for a period of two years from 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 the provisions of this section for one year. The approving authority may grant three such extensions.
C. 
In the case of site plan for a planned development of 50 acres or a conventional site plan for 150 acres or more, the approving authority may extend the rights granted under final approval for such period of the 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. Thereafter, the applicant may apply and the approving authority may 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:
A. 
Grant final approval only for designated geographic sections of the development.
B. 
Grant final approval for certain work but not require resubmission for final approval for designated elements, such as but not limited to landscaping, signs and related matters, and require approval of these elements as a prerequisite for a certificate of occupancy or zoning permit.
C. 
Condition the granting of a certificate of occupancy or zoning permit subject to the applicant’s or developer’s or successor’s in interest fulfilling certain requirements within a designated period of time not to exceed one year from the date of issuance of a certificate of occupancy or zoning permit. This may include but is not limited to the installation of improvements, reevaluation of circulation patterns and related matters.
The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that the applicant adheres to all of the conditions, requirements and safeguards established for preliminary and final site plan approval.
A. 
Soil erosion and sedimentation control; when applicable. Any application for development, including a subdivision, site plan, conditional use, zoning variance, planned development or building permit application for two or more single-family dwellings, in which 5,000 square feet or more of surface area of land is to be disturbed to accommodate construction, shall require an approved soil erosion and sedimentation control plan from the New Jersey Soil Conservation District.
B. 
Time limits. The New Jersey Soil Conservation District shall grant or deny approval or certification within the period of 30 days of submission of a complete application, unless, by mutual agreement, in writing, between the district and the applicant, the period of 30 days shall be extended for an additional period of not more than 30 days. Failure of the New Jersey Soil Conservation District to grant or deny approval or certification of a plan within such period, or as it may be extended, shall constitute approval and certification of the plan.
C. 
Condition. Any site plan approval by the approving authority shall be conditioned approval or certification by the New Jersey Soil Conservation District.