Bound Brook City Zoning Code
21-9.6 Preliminary
subdivision and site plan.
[Ord. No. 04-12 § 21-9.6]
Any application for approval of a preliminary subdivision and site plan shall be filed in accordance with Subsection 21-9.1 and shall contain all information as required in Subsection 21-9.12, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing herein required. The subdivision committee shall report to the Planning Board on all subdivision applications and the site plan committee shall report to the Board on site plan applications.
a.
If the Board processing an application finds that said application is in substantial compliance with the development checklist, it shall deem the application complete and shall schedule a hearing on the application pursuant to § 21-6. If the application is found to be not in compliance, it shall so inform the applicant and shall require the filing of an amended application to deal with the deficient items of completeness.
b.
If, during the public hearing, the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. After the Planning Board is satisfied that the proposed application, together with any conditions as imposed by the Board, meets all of the conditions of this chapter, it shall grant preliminary approval.
c.
Preliminary approval shall, except as provided in subparagraph 4 below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
d.
Demolition of structures for any nonresidential use shall require site plan approval prior to the issuance of a demolition permit. The site plan shall include the reconstruction plan and intended use to which the premises shall be placed. The plan shall include an interim plan for measures of landscaping and hard surface and soil stabilization to be undertaken until there is implementation of the reconstruction plan. Landscaping is intended to afford an attractive view from the street and from adjacent properties. Prior to the issuance of a demolition permit, a performance bond shall be posted with the Borough to assure the installation of all the interim measures. If the interim measures are not implemented within 90 days of Board approval, the Borough shall cause calling of the bond and implementation of the interim plan.
1.
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 site plan, any requirements peculiar to site plan approval pursuant to Subsection 21-9.13b., 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;
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 subdivision plat or site plan, as the case may be;
3.
That the applicant may apply for and the Planning Board 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; and
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board 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 an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; and 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.