22-4 PROCEDURE FOR SITE PLAN APPROVAL,.
22-4.1 Application for Preliminary Approval.

An application shall be submitted to the administrative officer, in writing, in duplicate, on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than twenty-one (21) days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 22-3, shall be submitted with the application form.

Each application shall be accompanied by a completed Historic Sites Committee Data Sheet. The Data sheet shall be in a form approved by the Township Council and shall include at least the following information: a list of all historic sites structures or features of the premises, all prominent present or past owners, a list of all historic features, sites or structures within two hundred (200') feet of the boundaries of the premises. (Ord. #595; 1976 Code § 145-13; Ord. #921)

22-4.2 Procedural Requirements for Preliminary Approval.

a. Preliminary Site Plan Review.

1. The applicant shall submit preliminary site plan application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following professionals, boards, committees and commissions:

(a) Engineer.

(b) Construction Official.

(c) Chief of Police.

(d) Water and Sewer Consultant.

(e) Planning Consultant.

(f) Fire Prevention Bureau.

(g) Shade Tree Commission.

(h) Board of Health.

(i) Environmental Commission.

(j) Architectural Review Board.

(k) Recreation Committee.

(l) Historic Preservation Commission.

2. The professionals and boards shall make recommendation to the approving authority, in writing, within forty-five (45) days of the application submission. The approving authority shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.

3. If the preliminary plat is found to be incomplete, the applicant shall be notified thereof within forty-five (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 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 approval by the County Planning Board or other governmental agency 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 of the County Planning Board or other governmental agency to report thereon within the required time period.

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 approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 22-3.6 for public hearings.

e. Time Period in Which to Act. The approving authority shall grant, condition or deny preliminary site plan approval within forty-five (45) days after receipt of a perfected and complete site plan application for a site plan of ten (10) acres or less or within ninety-five (95) days of submission of a perfected and complete application for a site plan of more than ten (10) acres or within such further time as may be consented to by the applicant for both classes of site plans. Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority. (Ord. #595; Ord. #858; 1976 Code §145-14; Ord. #1313, §2)

22-4.3 Effect of Preliminary Approval.

a. Preliminary approval of a site plan shall confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval:

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; 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. The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

b. In the case of a site plan for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in paragraphs a., L, 2. and 3. above for such a time period longer than three (3) 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, the economic conditions and the intended to be used"; the word " shall" is mandatory and not optional, and the word "may" is permissive. (Ord. #574; 1976 Code §179-5)

**Webmasters Note: The previous 22-4.2 through 22-4.3 is current as per Supplement No. 9.

c. Failure to obtain final approval within the prescribed time limits, as herein defined, shall void the preliminary plat approval. (Ord. #595; 1976 Code § 145-15)

22-4.4 Application for Final Approval.

a An application shall be submitted to the administrative officer, in writing, in duplicate, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than twenty-one (21) days prior to the regular meeting date of the approving authority. Required filing fees, as provided in Section 22-3, shall be submitted with the application form.

b. At the time of the filing of the application for final site plan approval, the developer shall also submit, in duplicate, on forms supplied by the approving authority, a completed soil removal application form. This completed form is for information purposes only and shall not be considered as an application for a soil removal permit as required by Chapter XX of the Township Code.

c. The application for final site plan approval shall be accompanied by a completed Historic Sites Committee Data Sheet. (Ord. #595; Ord. #726; 1976 Code § 145-16; Ord. #921)

22-4.5 Procedural Requirements for Final Approval

a. Final Site Plan Review.

1. The applicant shall submit the final site plan application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the plat to the following professionals, boards, committees and commissions:

(a) Engineer.

(b) Construction Official.

(c) Planning Consultant.

(d) Water and Sewer Consultants.

(e) Fire Prevention Bureau.

(f) Shade Tree Commission.

(g) Board of Health.

(h) Recreation Committee, if applicable.

(i) Environmental Commission.

2. The professionals and boards shall make recommendation to the approving authority, in writing, within forty-five (45) days of the application submission. The approving authority shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to 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:

(a) That the detailed drawings, specifications and estimates meet all applicable codes and ordinances.

(b) That the final plans are substantially the same as the approved preliminary site plan and conditions governing same.

(c) That 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) That 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) That all applicable fees have been paid prior to any final action by the approving authority.

(g) That requirements of other governmental units have been complied with.

4. Furthermore, no building permit shall be issued until the applicant shall have paid to the Township Water Department a sum equal to ten (10%) percent of the water capacity charge prescribed by the applicable Township ordinances. No certificate of occupancy shall be issued until the applicant shall have paid to the Township Water Department the unpaid balance of the water capacity charge.

b. County Planning Board and Other Governmental Agency Approval. Whenever review 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 approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.

c. Time Period in Which to Act.

1. The approving authority shall grant, condition or deny final site plan approval within forty-five (45) days after 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 Township Clerk as to the failure of the approving authority to act shall be issued at the request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

d. Final Site Plan Approval Authorization. Upon approval of the site development plan and upon compliance with all conditions, the 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 Board. The tracing shall be 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 professionals set forth herein. (Ord. #595; 1976 Code § 145-17)

22-4.6 Effect of Final Approval.

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 preliminary approval shall not be changed for a period of two (2) years after the date of final approval.

b. Final approval shall expire two (2) 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 paragraph a. for one (1) year. Up to three (3) such extensions may be granted.

c. In the case of a site plan for a planned development of fifty (50) acres or a conventional site plan for one hundred fifty (150) acres or more, the approving authority may extend the rights granted under final approval for such period of time longer than two (2) 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, the 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, the economic conditions and the comprehensiveness of the development. (Ord. #595; 1976 Code § 145-18)

22-4.7 Conditions of Final Approval.

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 resubmission 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 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 (1) 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 improvements, reevaluation of circulation patterns, etc.

d. Grant final approval subject to certain restrictions on soil removal included in any soil removal permit obtained by the developer for the subject property pursuant to Township Code Chapter XX. (Ord. #595; Ord. #726; 1976 Code § 145-19)

22-4.8 Simultaneous Application for Preliminary and Final Approval.

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. (Ord. #595; 1976 Code § 145-20)

22-4.9 Soil Erosion and Sediment Control Requirements.

a. When Applicable. Any application for development, including a subdivision, site plan, conditional use, zoning variance or planned development, or a building permit application for two (2) or more single-family dwellings, in which five thousand (5,000) square feet or more of surface area of land is to be disturbed to accommodate a construction shall require certification of a soil erosion and sediment control plan from the New Jersey Soil Conservation Service.

b. Time Limits. The Soil Conservation District shall grant or deny certification within a period of thirty (30) days of submission of a complete application unless, by mutual agreement in writing between the district and the applicant, the period of thirty (30) days shall be extended for an additional period of thirty (30) days. Failure of the district to grant or deny certification within such period or such extension thereof shall constitute certification.

c. Municipal Approval. Municipal approval of an application for development by the approving authority shall be conditioned upon certification by the Soil Conservation District. (Ord. #595; 1976 Code § 145-21)