[Amended 6-10-1997 by Ord. No. 2606; 10-13-1998 by Ord. No. 2643; 1-15-2003 by Ord. No. 2814; 3-12-2003 by Ord. No. 2818; 4-13-2005 by Ord. No. 2933; 7-18-2007 by Ord. No. 3071; 10-14-2009 by Ord. No. 3220]
A. Developments that require site plan approval. Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development, a final site plan application shall be submitted to and approved by resolution of the Planning Board in accordance with the requirements of this article, unless such development is determined to be exempt by this section from the requirement to obtain site plan approval. The resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a site plan pursuant to this chapter.
B. Developments that are exempt from site plan approval requirements. The following developments shall be exempt from the requirement to obtain site plan review and approval, provided that if such developments are proposed in connection with an application that otherwise requires site plan approval, they shall require approval as part of the overall site plan application:
(1) Subdivision or individual lot applications for detached one- or two-dwelling-unit buildings and permitted accessory uses and structures thereto.
(2) A proposed interior alteration, change in occupancy or change of use involving no exterior site improvements other than those improvements exempted from site plan review and approval by this section.
(3) The following signs:
(a) Signs that are exempted from the requirement to obtain sign permits or site plan approval by § 190-122A.
(b) Temporary signs permitted for grand openings of a new use as regulated by § 190-122E(2)(d)[2].
(c) License or permit signs as regulated by § 190-122E(5)
(d) Election signs as regulated by § 190-122H(6).
(e) Real estate signs as regulated by § 190-122H(7).
(f) Signs, other than freestanding signs, which are completely conforming with all applicable zoning regulations.
**Webmasters Note: The previous subsection, B(3), has been amended as per Ordinance No. 3242.
(4) Improvements that are determined exempt in accordance with the procedures in Subsection C below.
(5) Maintenance and repair of existing improvements.
(6) Those antennas set forth in § 190-124N.
(7) Development undertaken by the Village of Ridgewood.
(8) Development otherwise exempt from the requirement of site plan approval by law.
(9) The placement of temporary and movable tables, chairs, umbrellas and/or other such furnishings or fixtures approved in connection with a licensed outdoor cafe, provided that the construction, reconstruction or demolition of permanent structures or any structures requiring a permit shall not be exempt but shall require site plan approval unless otherwise exempted by this section.
(10) Improvements that are an identical replacement for improvements that previously received site plan approval and for which there is no legal prohibition against such replacement. The foregoing shall not be construed to exempt improvements:
(a) For which no valid approval exists;
(b) Which would violate any applicable condition of a prior approval;
(c) Which would violate any of the provisions related to nonconforming uses or structures in § 190-126; or
(d) Which would violate any other applicable law, rule or regulation.
C. Site plan exemption criteria and procedures. The determination as to whether or not an improvement is exempt from the requirement to obtain site plan approval shall be made by the permitting official, except for improvements referenced in § 190-37B(4). In the case of the improvements referenced in § 190-37B(4), the following exemption criteria and procedure shall apply:
(1) Exemption criteria. Only improvements that meet the following criteria may be determined exempt:
(a) The improvements shall not include any of the following; such improvements shall be required to obtain site plan approval:
[1] Principal or accessory buildings.
[2] Building additions.
[3] Porches, decks, accessible ramps, lifts, fire escapes and other above-grade entry/egress structures having an area greater than 50 square feet.
[4] Any improvement associated with a conditional use.
[5] Freestanding signs.
[6] Improvements that result in an increase of more than 250 square feet of impervious coverage.
(b) The proposed improvements, taken in the aggregate, shall be consistent with the improvements in the definition of "minor site plan" in § 190-3, in both nature and extent.
(c) The proposed improvements must comply with all applicable provisions of Chapter 190, Land Use and Development, including but not limited to the specific and general design guidelines, standards and construction specifications in Article IX, the zoning regulations in Article X and all other applicable laws, rules and regulations of the Village Code.
(2) Application for exemption. The applicant for site plan exemption shall file with the Planning Board Secretary an application form, an application fee as set forth in § 145-6, a plan depicting the proposed development and any supplemental documentation, all of which shall be sufficient to determine that the improvements comply with the exemption criteria in Subsection C(1) above. The application form and completeness checklist shall be available in the office of the Planning Board and shall be posted on the Village's website. The documentation to be submitted shall contain the information required in the completeness checklist for minor site plans in § 190-72 unless waived by the Site Plan Exemption Committee, provided that the Committee may request additional information not on the checklist if such information is needed to determine compliance with the exemption criteria in Subsection C(1) above.
(3) Review of applications for site plan exemption. Applications for site plan exemption shall be reviewed and decided by a committee consisting of the Village Engineer or his designee, the Zoning Officer, the Village Planner and a member of the Planning Board to be appointed by the Planning Board Chairman. In performing this review and in making the decision regarding site plan exemption, the following shall apply:
(a) The applicant shall have the burden of proof that the proposed development meets the criteria for site plan exemption. Failure to meet this burden to the satisfaction of the Committee shall result in a determination that the improvement(s) is(are) not exempt from the requirement to obtain site plan approval.
(b) If the applicant has not provided sufficient information or has provided information that is unclear, contradictory or confusing, the Committee shall notify the applicant in writing of such deficiencies within 15 business days of the date the application is filed. In the event that the Committee does not determine the application to be complete or incomplete within said period, the application shall be determined complete upon the expiration of said fifteen-day period.
(c) If the application is determined incomplete, the applicant shall be required to address the completeness deficiencies. Subsequent submission by the applicant, if made within 190 days of being notified of the completeness deficiencies, shall not require the payment of an additional application fee or the filing of a new application, and such submission shall be reviewed following the same procedures as the original application. Failure to resubmit the required information within said one-hundred-ninety-day period shall result in the dismissal of the application without prejudice.
(d) The Committee shall review and decide applications for site plan exemption within 15 business days of the date the application is determined to be complete, unless such deadline is extended by consent of the applicant. Such extension may be granted before or after said fifteen-day period. The failure of the Committee to act within said time period shall be deemed a dismissal of the application without prejudice.
(e) All decisions to grant or deny applications for site plan exemption shall be made by a majority of the full Site Plan Exemption Committee.
(f) The Committee shall approve or deny applications for site plan exemption based upon the exemption criteria in Subsection C(1) above. Approvals may be granted with the imposition of reasonable conditions designed to ensure compliance with such exemption criteria, as may be required by law or deemed appropriate by the Committee.
(g) If there is any reasonable doubt concerning whether or not the proposed development meets the exemption criteria in Subsection C(1) above, the Committee shall deny the application for site plan exemption.
(h) All decisions of the Committee shall be in writing and shall include a reference to the documents that served as a basis for the decision, the reason(s) for the decision and, in the case of exemption approval, any conditions of approval. A copy of the decision shall be sent to the applicant without charge.
(i) The application materials and a copy of the Committee's decision shall be maintained in the records of the Planning Board.
(4) Any exemption that may be granted from site plan approval requirements shall not be construed to exempt the applicant from the requirement, as applicable, to obtain all required building permits, zoning permits, sign permits, historic preservation permits and all other required approvals.
Applications for site plan and/or subdivision approval shall be classified as one or more of the following, as defined by this chapter:
A. Conceptual site plan.
B. Conceptual subdivision.
C. Minor site plan.
E. Preliminary major site plan.
F. Preliminary major subdivision.
G. Final site plan.
H. Final subdivision.
Applications for site plan and/or subdivision approval shall be filed in accordance with the following procedures:
A. An application for site plan or subdivision approval shall be filed with the secretary of the board having jurisdiction over the application. Required forms and checklists for the application shall be available in the office of the secretary for the respective board, and shall be provided to the applicant prior to formal submission of an application.
B. Applications must be accompanied by the required drawings, documents, fees and other data as required by the completeness checklists in this chapter. The applicant may produce other documents, records, or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
C. Any maps and documents for which approval is sought shall be submitted and determined complete within the following deadlines before the date of the public hearing at which the application will be heard, in order to give the Board, its advisors and Village agencies sufficient time to review the application and report to the Board:
The hearing date for any application will be deferred for any application failing to meet this deadline; however, the Board may vary from this procedure when necessary to act on the application within the time periods set forth § 190-42C or in exceptional circumstances and for due cause shown upon written request from the applicant. Under no circumstances, however, shall the ten (10) day deadline in § 190-15 be waived. The foregoing provisions shall not be construed as a requirement that an application determined complete within the required deadline be heard at the next meeting; the Board shall set is own agenda in accordance with its rules and in accordance with the time periods within which the Board is required to act.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2776.
The Planning Board or the Zoning Board of Adjustment, as applicable, shall have the power to review and approve or deny conditional uses, site plans and subdivisions simultaneously, and shall have the power to review and approve or deny variance requests simultaneously with any of the above applications, without the developer being required to make further application to the Board, or the Board being required to hold further hearings.
Upon the filing of an application, it shall be reviewed to determine compliance with the submission requirements of this chapter. The following procedure shall apply:
A. An application for development shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee.
B. The applicant shall be notified in writing whether the application has been determined complete or incomplete by the Board or its authorized committee or designee within forty-five (45) days of the date of submission of an application. An application shall be determined complete if all of the items required by the appropriate completeness checklists have been submitted.
C. In the event that the agency, committee or designee does not certify the application to be complete or incomplete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of said forty-five (45) day period.
D. The applicant may request that one or more of the submission requirements be waived. A written request, explaining the basis for such request(s) must be submitted for such waiver requests in order to be considered. The Board or its authorized committee shall grant or deny the waiver request within forty-five (45) days of receipt of the written request.
E. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application 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.
The following general review procedures shall apply, unless the provisions for specific types of applications indicate a contrary procedure:
A. After an application has been determined to be complete, the Secretary shall forward the application to the Planning Board or the Zoning Board of Adjustment for public hearing, depending on which board has jurisdiction. Hearings shall be conducted in accordance with the procedures outlined in this chapter.
B. After an application has been determined to be complete, or when the application has been scheduled for public hearing, whichever occurs sooner, the Secretary shall refer the application to the following persons or agencies for report and recommendation to the Board:
(1) Village Engineer;
(2) Planning Consultant for the Board;
(3) Ridgewood Historic Preservation commission, if the property for the application is located in a historic district designated by the zoning regulations, Article X of this chapter, or is designated as a historic site on the Zoning Map, Official Map or by any component element of the Master Plan. Failure to refer the application to the Commission shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegation of one its members or staff to testify orally at the hearing on the application and to- explain any written report which may have been submitted;
(4) Village Environmental Commission, if one exists; and
(5) Such other consultants which have been directed by the Board to review and comment on the application, as well as other Village, County, State and Federal officials and agencies having appropriate jurisdiction and as directed by the Board. Such referral to other governmental officials or agencies shall not relieve the applicant of the responsibility of applying independently to and receiving approval from such agencies as required by law.
C. The Board shall grant or deny an application within the following time periods, or within such further time as may be consented to by the applicant. The time period required below for action shall begin on the date that an application is determined to be complete.
(1) Conceptual site plan and conceptual subdivision: no time limit.
(3) Preliminary major site plan, ten (10) acres of land or less and ten (10) or fewer dwelling units: 45 days.
(4) Preliminary major site plan, more than ten (10) acres of land or more than ten (10) dwelling units: 95 days.
(6) Minor subdivision: 45 days.
(7) Preliminary major subdivision, ten (10) or fewer lots: 45 days.
(8) Preliminary major subdivision, more than ten (10) lots: 95 days.
(9) Final major subdivision: 45 days.
(10) Conditional use site plan: 95 days.
(12) Simultaneous or consecutive applications. Whenever an applicant seeks simultaneous approval of a subdivision, site plan, conditional use, variance request and/or direction for issuance of a permit, the longest time period for action by the Board, whether it be for subdivision, site plan, conditional use, variance or direction for issuance of a permit, shall apply to the simultaneous application. In the event that the applicant elects to submit separate consecutive applications, the time period for action provided by this chapter shall apply to each individual application.
D. If the Board requires any substantial amendments in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
E. If the proposed development complies with this chapter and the Municipal Land Use Law, the Board shall grant site plan and/or subdivision approval.
