North Arlington City Zoning Code
ARTICLE XIII
Development Procedures
§ 205-93 Application requirements.
A.
Assignment. The applicant may file an application and proceed before the Board which the applicant believes to be appropriate or the applicant may seek the direction of the administrative officer as to which approvals are required from the appropriate Board.
B.
Content. An application for development shall include a completed checklist as specified in § 205-101, the items specified in the checklist, and a completed application form.
C.
Complete application. The administrative officer shall review all applications and accompanying documents required by this chapter to determine whether or not all rules and regulations have been complied with and all submission requirements have been met and the checklists as contained in § 205-101 have been completed. Upon such a finding, the administrative officer shall certify the application as being complete and shall so notify the applicant. If the administrative officer finds the application incomplete, the applicant shall be notified in writing of any finding of incompleteness and the said specific deficiencies of the application. The application shall be deemed to be complete within 45 days of the submission of the application to the Board. The applicant may request that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days from the first hearing date before the Board. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application.
D.
Additional information. During the course of review of any application, after certification as a complete application, the Board may require correction of any information found to be in error and submission of additional information not specified in this chapter or any revision to the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
§ 205-94 Concept plan and sketch plat.
A.
Prior to the submittal of a formal plan, the applicant for subdivision or site plan may request an informal review before the Planning Board in order to:
(1)
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the master plan, Zoning Ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information that may aid the application;
(4)
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
(5)
Consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
B.
Applicants seeking review of a concept plan or sketch plat shall provide 15 copies of the plan or plat and one copy of the completed application and the required review fees to the Board Secretary at least 28 days before a regularly scheduled meeting of the Board.
C.
The concept plan or sketch plat is a general plan that is neither fully engineered nor surveyed. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Borough's development goals and objectives. Submission requirements for concept plans or sketch plants are provided in the Concept Plan and Sketch Plat Checklist referred to in § 205-101.
D.
Effect of concept plan/informal review. Neither the applicant nor the Board is bound by any concept plan or informal review. The suggestions made at the concept plan phase may change with new information discovered when a formal development application is prepared using current detailed site-specific data and on-site test findings. The applicant may request a review of an additional concept plan based upon new information prior to submission of a formal application for development. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
§ 205-95 General provisions for site plan and subdivision.
A.
Submission procedures. All site plan and subdivision applications submitted under the provisions of this chapter shall comply with all the applicable requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B.
Uses requiring site plan approval.
(1)
All activities except the following shall require site plan approval:
(a)
The construction, customary use and modification of single or two-family dwellings, including any permitted accessory buildings and/or uses incidental to the principal use of the property.
(b)
Any structure or use for which site plan approval was granted prior to the effective date of this chapter and that was developed in accordance with such approval.
(c)
Construction which is determined by the Construction Code Official to constitute ordinary repairs, as defined by the State of New Jersey Department of Community Affairs Uniform Construction Code.
(d)
Soil disturbance of less than 300 cubic yards in total, over time, except that nothing shall be construed to prevent the otherwise lawful excavating or cutting, stripping or other change in the existing configuration of the land for the following purposes and no others:
[1]
Gardening for noncommercial purposes.
[2]
The construction or reconstruction of curbs, sidewalks, private residential driveways, drainage systems, sewage disposal systems and other utility service connections, provided that all other Borough, county, state and district approvals have been received.
(2)
A change in use or occupancy of a building or land requires site plan approval if one or more of the following criteria is met:
(a)
The previous use never received required site plan approval.
(b)
The proposed use requires more off-street parking than the previous use based upon the parking requirements of this chapter.
(c)
The proposed use has significantly different hours of operation than the previous use.
(d)
The proposed use has different loading requirements which have an effect on site circulation.
(e)
The proposed use involves the storage or handling of chemicals or hazardous substances.
(f)
The proposed use calls for a significant change in exterior lighting, on-site circulation, access, or landscaping.
(g)
The proposed use will generate a greater amount of solid waste requiring additional refuse receptacles than previously required.
(h)
The proposed use requires a significant change in drainage and stormwater management.
C.
Waiver of site plan approval.
(1)
By Planning Board. Where the Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations, the Board may waive the requirement for site plan approval.
(2)
By Construction Code Official. Where a proposed development does not involve a change in use and is for nonstructural change in the facade of a structure or an interior change which does not increase parking, drainage or other site development considerations, the Construction Code Official may waive the requirement for site plan approval. The Construction Code Official shall not waive site plan approval for a nonstructural change in the facade of a structure if the structure is in a zone or portion thereof covered by a duly adopted historic preservation plan.
D.
Additional requirements.
(1)
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
(2)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information may include, but not be limited to, drainage calculations, traffic analysis, noise and other impacts, and detailed environmental information.
E.
Environmental impact assessment.
(1)
When required. The Board may require an environmental impact assessment as part of preliminary approval if, in the opinion of the Board, the development could have an adverse affect on the environment. The Board may, at the request of an applicant, waive portions of the environmental impact assessment requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
(2)
Submission format. All environmental impact assessments shall consist of written and graphic materials which clearly present the following information:
(a)
Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population, and visitor population shall be estimated.
(c)
Site description and inventory. The suitability of the site for the intended use shall be discussed. This shall include a description of environmental conditions on the site which shall include, but not be limited to, the following items:
[1]
Types of soils. A description and list of each soil type including capabilities and limitations on the site shall be provided and identified on a map. Soils shall be described with reference to criteria contained in the Bergen County Soil Conservation District Standards and Specifications.
[2]
Topography. A description and map of the topographic conditions of the site shall be provided. Areas where slopes are in excess of 15% shall be identified on the map.
[3]
Geology. A description and map of the geologic formations and features of the site shall be provided. Areas where bedrock is within two feet of the surface as well as major rock outcroppings shall be shown on the map.
[4]
Vegetation. A description and map of existing vegetation on the site showing the location of major vegetative groupings such as woodlands, open fields and isolated trees greater than six inches caliper shall be provided. Where woodlands are delineated, the forest type and its characteristics shall be identified.
[5]
Wildlife. Habitats of any rare or endangered species defined by the State of New Jersey shall be identified and described.
[6]
Critical areas. A description and map of the wetland areas, wetland buffers and floodplains on the site shall be provided.
[7]
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified.
[8]
Subsurface water. Subsurface water conditions on the site shall be described both in terms of depth to groundwater and water supply capabilities. Where existing conditions warrant, detailed information of the depth, capacity and water quality of existing wells within 500 feet of the site shall be provided. The water supply capabilities of the adjacent areas and the recharge capabilities of the site shall be described.
[9]
Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities and any scenic view from the site.
[10]
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
(d)
Impact. The negative and positive impacts of the project during and after construction shall be discussed. The specific concerns that shall be considered include the following:
[1]
Soil erosion and sedimentation resulting from surface runoff.
[2]
Flooding and floodplain disruption.
[3]
Degradation of surface water quality.
[4]
Groundwater pollution.
[5]
Reduction of groundwater capabilities.
[6]
Sewage disposal.
[7]
Solid waste disposal.
[8]
Vegetation destruction.
[9]
Disruption of wildlife habitats of endangered species.
[10]
Destruction or degradation of scenic and historic features on and off site.
[11]
Air quality degradation.
[12]
Noise levels.
[13]
Lighting levels including trespass lighting.
[14]
Effect on community including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.
(e)
Environmental performance controls. The applicant shall indicate the measures which will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site. Of specific interest are:
[1]
Drainage plans which shall include but not be limited to soil erosion and sedimentation controls.
[2]
Water supply and water conservation proposals.
[3]
Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.
[4]
Noise reduction techniques.
[5]
Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
[6]
Miscellaneous on-site and off-site public improvements.
(f)
Alternatives. A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
(g)
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but is not limited to, approvals required by the municipality and agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(h)
Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted in preparation of the environmental impact assessment shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
(i)
Disposition. The Board shall review the environmental impact assessment to determine if the development will result in appreciable harmful effects to the environment.
F.
Traffic impact statement.
(1)
When required. The Board may require a traffic impact statement as part of preliminary approval if, in the opinion of the Board, the development could have an adverse impact on the road network, ingress/egress or on-site circulation.
(3)
Submission format. All traffic impact statements shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:
(c)
Traffic impacts caused by the proposed development as per change in existing conditions.
(d)
Explanation of Traffic Reduction/Traffic Management Plans necessary pursuant to any current federal, state or county requirements, and, where applicable, proposed interaction with appropriate County Transportation Management Areas (TMA).
(e)
Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.
(f)
Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential traffic impacts.
G.
Development phasing.
(1)
As a condition to preliminary approval of a major site plan or subdivision, the Planning Board may permit the implementation of the plan in whole or in phases. Such phases shall be:
(a)
Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and shall be capable of substantial occupancy, operation and maintenance upon completion of construction and development.
(b)
Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the plan.
(c)
Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require to prevent damage or detriment to any completed phase and to adjoining properties. Plans and specifications of such phases are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:
[1]
The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and land ownership conditions.
[2]
Estimates of the economic base of the phase and its one or more phases as supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential rental scale costs of utility installation; the financial ability of the developer to complete the plan; and such other financial considerations as the Planning Board shall deem applicable.
[3]
Estimate of its population characteristics, such as the size and composition of future population in terms of probable family sizes of the several dwelling unit types; their need for public services and protection, for recreational facilities and for commercial and professional services; anticipated rental scales; and related considerations.
[4]
A planned traffic improvement program setting forth the proposed on- and off-site traffic improvements to be made by the applicant and others. Such programs shall set forth a schedule of development based upon traffic generation resultant of the rate, type, amount and location of land development of the tract.
[5]
Such further reasonable evidence and fact that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.
(2)
Upon finding that the plans and specifications for the proposed development of the section or phase conform to the above conditions, the Planning Board shall so inform the administrative officer that, upon presentation of requisite working drawings and specifications, such permits may be issued. Upon substantial completion of any phase which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional phases, the Planning Board may require a report and review of the status, character and conditions and other previous completed phases with regard to their compliance with the plans, specifications and estimates which formed the basis for its action and approval. Upon finding that such compliance has occurred, the Board shall initiate proceedings for the review of the new phase.
(3)
As a further condition for approval of later phases, the Board may require or permit adjustments or modifications in the conditions established in the approved plan to compensate for differences between the estimates of record on previously approved and completed sections or phases as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given to the balance of land uses established consistent with the conditions of the plan and the extent of variation from the social and economic estimates upon which previous approval may have been passed.
§ 205-96 Approval of minor subdivision.
A.
Application.
(1)
The applicant shall submit the required fee and three copies each of the application and the minor subdivision plat to the administrative officer for completeness review.
(2)
Upon determination that the application is complete, the applicant shall submit 15 additional copies of all plans at least 28 days before a scheduled meeting and the Board Secretary will place the item on the agenda. Within five days of the certification of completeness of the application, the Secretary of the Planning Board shall forward two copies to the County Planning Board.
B.
C.
Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 30 days from receipt of the plat or site plan or by the date of the scheduled public hearing.
D.
Notice of public hearing. At the time when the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established with respect to notice of hearing.
E.
Action.
(1)
The Board shall approve, conditionally approve, or deny a minor subdivision within 45 days of the certification that the application is complete, unless the applicant shall extend the period of time within which the Board may act. Where a variance is requested pursuant to subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70, the Board shall take action within 120 days from which the application is certified complete.
(2)
Failure of the Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats or deeds.
F.
Effect of approval. Approval of a minor subdivision shall be deemed final approval and shall be prepared in accordance with final subdivision requirements, provided that the Board may condition such approval on the provision of improvements as may be required pursuant to N.J.S.A. 40:55D-53. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded.
G.
Conditions of approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the 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 as set forth in N.J.S.A. 40:27-6.3.
H.
Filing with the county recording officer. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and the Secretary of the Board. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.
I.
Extensions.
(1)
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
(b)
That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2)
The Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before a) what would otherwise be the expiration date of minor subdivision approval; or b) the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
J.
Distribution of copies. A copy of the recorded plat or a copy of the recorded deed shall be filed with the administrative officer of the appropriate Board. The administrative officer shall distribute copies of the plat, deed or plan to the following:
§ 205-97 Preliminary approval of major subdivision and site plan.
A.
Application.
(1)
The applicant shall submit the required fee, three copies each of the application and the preliminary major subdivision plat or preliminary major site plan and three copies of any protective covenants or deed restrictions applying to the land being subdivided or developed to the administrative officer for completeness review.
(2)
Upon determination that the application is complete, the applicant shall submit 15 additional copies of all plans and two additional copies of the protective covenants or deed restrictions at least 28 days before a scheduled meeting and the Board Secretary will place the item on the agenda.
B.
Submission requirements.
(1)
Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist referred to in § 205-101.
(2)
The Secretary of the Board within five days of the certification of completeness for preliminary approval shall forward copies of the plat or site plan to the following for review and comment, where appropriate:
(3)
The Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 28 days from the receipt of the plat or site plan or by the date of the scheduled public meeting.
D.
Notice of public hearing. At the time that the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification the applicant shall follow the procedures established in this chapter with respect to the notice of hearing.
E.
Action.
(1)
Subdivisions.
(a)
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 lots or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary major subdivision application of more than 10 lots within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c)
If a preliminary subdivision application is being considered by the Board of Adjustment simultaneously with an application for a use variance, the Board of Adjustment shall act on the application within 120 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act. If the applicant elects to bifurcate the application for approval of the variance and the subsequent application for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day limit shall apply only to the variance. The subdivision and/or site plan application shall be denied or approved in accordance with the applicable time limits.
(d)
Failure of the Board to act within the time prescribed shall constitute preliminary major approval and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Site plans.
(a)
The Board shall approve, conditionally approve or deny the preliminary major site plan which involves 10 acres of land or less, or 10 dwelling units or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c)
If a preliminary site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance, the Zoning Board of Adjustment shall act on the application within 120 days after the application has been certified complete unless the applicant shall extend the period of time within which the Board may act. If the applicant elects to bifurcate the application for approval of the variance and the subsequent application for any required approval of a subdivision and/or site plan, the one-hundred-twenty-day limit shall apply only to the variance. The subdivision and/or site plan application shall be denied or approved in accordance with the applicable time limits.
(d)
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
F.
Effect of preliminary approval.
(1)
If the Planning Board or Board of Adjustment approves the preliminary plat or site plan, a resolution shall be adopted setting forth the approval and any conditions of approval.
(2)
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection F(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(a)
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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
(b)
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.
(c)
That the applicant may apply for and the Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern.
(d)
In the case of a subdivision of or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection F(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration a) the number of dwelling units and nonresidential floor area permissible under preliminary approval; b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; c) economic conditions; and d) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(e)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection F(2)(c) or (d) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(f)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(2)(c) or (d) above.
(3)
In all cases, the recommendations of the County Planning Board shall be given careful consideration in the final decision. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-6.1, its action shall be noted on the plat or plan, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat or plan to the applicant. If either the Borough Board or the County Planning Board disapproves a plat or plan, the reasons for disapproval shall be remedied prior to further consideration.
G.
Conditions of approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the 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 as set forth in N.J.S.A. 40:27-6.3 and 40:27-6.7.
H.
Signatures required. If the Board favorably acts on a preliminary plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures to the plat or plan with a notation that it has received preliminary approval and shall return same to the applicant for compliance with final approval requirements. Where approval is conditioned upon revisions to the preliminary plat or plan, the Chairperson and the Secretary of the Board shall not affix their signatures to the plat or plan until all such revisions are made.
I.
Filing with the County Planning Board. Any plats and forms required to be filed with the Bergen County Planning Board shall be prepared by the applicant and filed by the Secretary of the Borough Board. The Secretary shall collect from the applicant any fees required by the County Planning Board.
J.
Simultaneous preliminary and final site plan approval. Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.
§ 205-98 Final approval of major subdivision and site plan.
A.
Application.
(1)
The applicant shall submit a final plat or final plan to the administrative officer within three years after the date of the preliminary approval or any authorized extension thereof. The applicant shall submit the required fee, three copies of the application and the final major subdivision plat or final major site plan to the administrative officer for completeness review.
(2)
Upon determination that the application is complete, the applicant shall submit 15 additional copies of all plans within 28 days of a scheduled meeting and the Secretary of the Board will place the item on the agenda.
B.
Submission requirements.
(1)
Submission requirements for final major subdivision approval are provided in the Final Major Subdivision and Final Site Plan Checklist referred to in § 205-101.
(2)
The Secretary of the Board within five days of the certification of completeness of an application for final approval shall forward copies of the plan or plat to the following officials for review and comment where appropriate:
(3)
The Board shall also have the authority to refer any plan or plat to other agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies shall forward their comments and recommendations in writing to the Board within 30 days from the receipt of the final plat or site plan or by the date of the scheduled public hearing.
D.
Notice of public hearing. At the time that the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification the applicant shall follow the procedures established in this chapter with respect to the notice of hearing.
E.
Action.
(1)
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 23-9.9 et seq.). In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the county recording officer for purposes of filing.
(3)
Whenever review or approval of the application by the County Planning Board is required, the Board shall condition its approval 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.
F.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and has duly recorded the plat with the county recording officer, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this chapter. Final approval shall entitle the applicant to apply for a building permit.
(2)
Extension of approval rights for more than two years in certain types of developments.
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more, or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
(b)
The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the following:
(3)
Whenever Board grants any extension of final approval and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the extension date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection F(1) or (2) above.
G.
Conditions of final approval.
(1)
Conditions of final approval. The Board may, as a condition of final approval:
(a)
Grant final approval only for designated geographic sections of the development, where development is to be phased.
(b)
Grant final approval for certain work but require resubmission for final approval for designated elements, such as but not limited to landscaping, signs and street furniture, 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 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 permit. This may include, but is not limited to, the installation of landscaping, erection of signs, installation of minor improvements, meeting performance standards and similar items. A performance guaranty assuring the meeting of conditions shall be posted by the applicant at the Board's request.
(2)
Conditions binding. All conditions of any preliminary and final approval shall be binding upon all present and future owners, tenants, occupants, lessors, lessees, heirs, assignees, developers, contractors and subcontractors, and the same shall be set forth in a developer's agreement in recordable form and approved by the Borough Council.
(3)
Failure to maintain. All persons receiving development approval for property or their successors in title shall be responsible for installing, maintaining and properly utilizing on-site, off-site and off-tract improvements required by the Board, including, but not limited to, parking arrangements, buffer zones, drainage facilities, exterior lighting plans and other requirements of the Board as reflected on the plans and in the Board minutes. Failure of the property owner to install, maintain and/or utilize improvements as provided by the site plan approval shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.
H.
Notification to Tax Assessor of municipality. Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall send a copy of such notification to the Borough Tax Assessor at the same time that notification is given to the Borough Board pursuant to N.J.S.A. 40:55D-54.
I.
Signatures required. If the Board favorably acts on a final plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures subject to § 205-97H to the plat or plan with a notation that it has received final approval and shall return same to the applicant for compliance with final approval requirements and payment of all fees.
J.
Filing with the County Planning Board. Any plats and forms required to be filed with the Bergen County Planning Board shall be prepared by the applicant and filed by the Secretary of the Borough Board. The Secretary shall collect from the applicant any fees required by the County Planning Board.
K.
Filing with county recording officer.
(1)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county recording officer. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the applicant proves to the reasonable satisfaction of the Board 1) that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and 2) that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Board. The signatures of the Chairperson and Secretary of the Board shall not be affixed until the developer has posted the guarantees required by this chapter. If the county records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.
(3)
If shall be the duty of the county recording officer to notify the Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.
L.
Distribution of copies.
(1)
After the approval of a final major subdivision or site plan, copies of the final plat or plan shall be filed by the Board with the following:
(2)
In addition, duplicate Mylars of any final subdivision plat shall be filed with the Board.
M.
Site plan and subdivision approval by Board of Adjustment. Applications for site plan and/or subdivision approval heard by the Board of Adjustment in connection with a variance request pursuant to N.J.S.A. 40:55D-76 shall be governed by the relevant provisions of this section. In the case of such applications, all references in this section to the Planning Board shall be deemed to refer instead to the Board of Adjustment.
§ 205-99 Amended site plan.
A.
An applicant may file for amended site plan in connection with a prior approved site plan.
B.
The applicant shall submit the required fee, three copies each of the application, the amended site plan and the adopted resolution of approval in connection with the prior approved site plan to the administrative officer for completeness review.
C.
Upon determination that the application is complete, the applicant shall submit 15 additional copies of all plans at least 28 days before a scheduled meeting and the Board Secretary will place the item on the agenda.
§ 205-100 Variances.
A.
Application.
(1)
The applicant may apply for variances concurrently with a subdivision or site plan application or the applicant shall file for a variance with the Zoning Board of Adjustment where no subdivision or site plan application is required.
(2)
The applicant shall submit the required fee and three copies each of the application to the administrative officer for completeness review.
(3)
If the application is deemed complete, the applicant shall submit 15 additional copies of all plans at least 28 days before a scheduled meeting.
B.
Notice of public hearing. At the time when the application is deemed complete, the Board Secretary shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established with respect to notice of hearing.
C.
Action.
(1)
The Board shall approve, conditionally approve, or deny a variance within 120 days of the certification that the application is complete unless the applicant shall extend the period of time within which the Board may act.
(2)
Failure of the Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative Officer as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be accepted by the county recording officer for purposes of filing subdivision plats or deeds.
§ 205-101 Checklists.
No application for development shall be deemed complete unless the items, information and documentation listed for each application checklist are submitted to the approving Board. If any of the required items is not submitted, the applicant must request a waiver and state the reasons for such request.[1]
[1]
Editor's Note: The following checklists are on file in the Clerk's office: Sketch Plat and Concept Plan Checklist, Minor Subdivision Checklist, Preliminary Major Subdivision Checklist, and Final Major Subdivision and Final Site Plan Checklist