A.
Except as provided herein, no building or zoning permit
and/or certificate of occupancy shall be issued for a building, structure
or use or any enlargement, expansion or change of use or change of
tenancy 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 shall not be required for single-
and two-family dwellings or such accessory uses as a private garage,
toolhouse, garden and private greenhouses, swimming pools and other
similar uses incidental to a single- or two-family detached dwelling
or for similar improvements as accessory uses to a principal use.
B.
Site plan approval shall not be required where:
(1)
Minor repairs and alterations to the interior of the
building do not involve structural change or enlargement of the building,
as determined by the Construction Official.
(2)
Renovations or alterations to the exterior design
of a building or structure do not involve any enlargement of the building
or major structural change, as determined by the Construction Official.
C.
However, the Construction Official, at his discretion,
may refer any application for a building permit to the approving authority
for site plan approval, anything herein notwithstanding, where, in
the official's judgment, the construction, reconstruction, alteration,
change of tenancy or change of use (whether to be permitted use, the
same use or different permitted use) will affect traffic, 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 herein, all construction, reconstruction,
alteration or enlargement of a building or structure or change in
use (whether to a permitted use, the same use or different permitted
use), change in tenancy or lot shall require site plan approval.
E.
Any determination by the Construction Official that
site plan approval is not required pursuant to this section shall
be set forth, in writing, by the Construction Official, with copies
of said letters filed with the applicant and the administrative officer.
If any application submitted by a developer
meets the definition of "minor site plan" as hereinabove set forth,
any approval given by the approving authority shall be deemed to be
final approval of the site plan, provided that the approving authority
or a subcommittee thereof may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
A.
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer 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 minor site plan approval.
B.
Whenever review or approval of the application by
the County Planning Board is required by Section 8 of P.L. 1968, c
285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
C.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval.
A.
Applications shall be submitted to the administrative officer, in writing, on 18 forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided for in § 327-9B, shall be submitted with the application form.
[Amended 4-16-1996 by Ord. No. 96-8]
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]
(1)
The applicant shall submit the preliminary site plan
application and 18 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:
(a)
The approving authority Attorney.
(b)
The Borough Engineer.
(c)
The planning consultant.
(d)
The Construction Official.
(e)
The Board of Health.
(f)
The Fire Protection Subcode Official.
(g)
The Police Department.
(h)
The Department of Public Works.
(i)
Other municipal officials and agencies, as directed
by the approving authority.
(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 the preliminary site plan is found to be incomplete,
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 site
plan submission, the applicant shall be required to modify the plat
in order to qualify as a perfected and complete 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 or 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 § 327-9C for public hearings.
[Amended 4-16-1996 by Ord. No. 96-8]
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 application for a site plan of 10 acres or
less or 10 or fewer dwelling units or within 95 days of submission
of a perfected and complete application for a site plan of more than
10 dwelling units 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
shall be deemed to be preliminary approval of the site plan.
(3)
Preliminary approval of a site plan shall confer the
following rights for a three-year period from the date of the preliminary
approval.
(a)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements, layouts 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 it may relate to public health and safety,
provided that such modifications are in accord with amendments adopted
by ordinance subsequent to approval.
(b)
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.
(c)
The applicant may apply for and the approving
authority may grant extension 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.
(d)
In the case of the site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection E(3)(a), (b) and (c) 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.
(4)
Failure to obtain final approval within the prescribed
time limits as herein defined shall void the preliminary plat approval.
A.
Filing for final site plan approval. An original and 17 copies of an application shall be submitted to the administrative officer on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 14 days prior to the regular meeting date of the approving authority. Required fees, as provided for in § 327-9B, shall be submitted with the application form.
[Amended 4-16-1996 by Ord. No. 96-8]
B.
Final site plan review.
(1)
The applicant shall submit the final site plan application
and 18 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:
(a)
The Borough Engineer.
(b)
The Board of Health.
(c)
The planning consultant.
(d)
The Department of Public Works.
(e)
The approving authority Attorney.
(f)
The Fire Protection Subcode Official.
(g)
The Borough Clerk.
(h)
The Police Department.
(i)
The Construction Official.
(j)
The Recycling Coordinator.
(2)
Said professionals and Boards shall make recommendations
to the approving authority, in writing, within 30 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 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.[1]
(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 bonds
posted to ensure the installation of improvements.
(d)
That 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.
(h)
The plan complies with the borough recycling
program.
C.
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 or by its failure
to report thereon within the required time period.
D.
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 administrative officer 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 the written endorsement or other evidence of
approval.
E.
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 applicant shall supply to the approving authority 12 prints for its records. A print shall be forwarded to each of the professionals and Boards identified in Subsection B of this section.
F.
Effect on final site plan approval.
(1)
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 preliminary approval shall not be changed for a period
of two years after the date of final approval.
(2)
Said 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 § 327-21E of this article for one year. Up to three such extensions may be granted.
(3)
In the case of a site plan for a planned development
of 50 acres or more, a conventional site plan for 150 acres or more
or site plans for development of a nonresidential floor area of 200,000
square feet 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.
(4)
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 require
submission 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.
(c)
Condition the granting of a certificate of occupancy
or zoning variance 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 variance. This may include,
but is not limited to, the installation of improvements, reevaluation
of circulation patterns, etc.
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.
A.
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.
B.
It shall be the joint responsibility of the Engineer
and the Construction Official to enforce their respective rules and
regulations to ensure compliance with the site plan approval map and
other specified conditions as may be imposed on the development.
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.
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 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.
