[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]
(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:
(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:
(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.
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)
(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:
(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.
