[1973 Code § 89-1]
This chapter shall be known and may be cited as the "Site Plan
Review Regulations of the Borough of Rockleigh."
[1973 Code § 89-2]
For the purposes of this chapter, site development shall consist
of the construction of any building, other than a detached one-family
dwelling, or a detached two-family dwelling if such is permitted by
a zoning variance, involving a floor area of over 100 square feet.
Site development shall also include the construction of parking areas
and driveways for more than two vehicles, except in connection with
a detached one- and two-family dwelling, and the regrading, removal
of vegetation or displacement of soil in an area of over 5,000 feet.
[1973 Code § 89-3; New]
The provisions of this chapter shall be administered by the
Rockleigh Planning Board in accordance with N.J.S.A. 40:55D-1 et seq.
[1973 Code § 89-4; Ord. No. 06-05; Ord. No. 06-07]
a.
Any owner of land within the Borough of Rockleigh, prior to developing a site as defined and covered by this chapter, shall submit to the Borough Administrator 18 copies of a preliminary site plan and such other information as is required in § 31-8 below, in tentative form for preliminary approval. The applicant may, however, submit such site plan and accompanying information in final form and may request final approval concurrently with preliminary approval, which request may be granted by the Planning Board if the data required for final approval under § 31-6 hereunder is found to be complete and satisfactory.
b.
Upon the submission of a preliminary site plan, the Borough Administrator shall forward the same to the Planning Board and the Planning Board shall make a determination of completeness under the definition and the time limits specified in § 30-1.8.
c.
If the Planning Board required any substantial amendment 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.
d.
The Planning Board shall, following public hearing as specified in § 30-2.4 of the Rockleigh Borough Code, if the proposed development complies with this chapter and N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval.
e.
Upon the submission to the Borough Administrator of an application
for a site plan of 10 acres of land or less, the Planning Board shall
grant or deny preliminary approval within 45 days of the date of the
determination that the application is complete or within such further
time as may be consented to by the developer. Upon the submission
of a complete application for a site plan of more than 10 acres or
more than 10 dwelling units, the Planning Board shall grant or deny
the preliminary approval within 95 days of the determination that
the application is complete or within such further time as may be
consented to by the developer. Otherwise, the Planning Board shall
be deemed to have granted preliminary approval of the site plan.
f.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the Borough 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 Planning Board by its failure to report thereon
within the required time period.
g.
Separate Application Permissible. The developer may elect to submit a separate application requesting approval of a variance or direction of the issuance of a permit and a subsequent application for any required approval of a site plan, subdivision or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Chapter 34, Zoning.
h.
No application for site plan review by the Planning Board shall be deemed complete for purposes of commencing the applicable time period for action by the Planning Board unless and until a subdivision application checklist and a zoning checklist in the form set forth in the Appendix to Chapter 30, Land Use Procedures, has been completed and all information required by these checklists has been furnished to the Planning Board.[1]
[1973 Code § 89-5]
a.
Preliminary approval of a site plan shall protect the applicant,
for a three-year period from the date of the preliminary approval,
from changes in the general terms and conditions on which preliminary
approval was granted, 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 any requirements
peculiar to such preliminary site plan approval. However, nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
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 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.
[1973 Code § 89-6]
The Borough Administrator shall immediately notify the Planning
Board upon receipt of the final site plan, and the Planning Board
shall act upon the final site plan within 45 days after the date of
the determination that the application is complete.
[1973 Code § 89-7]
The installation of improvements as approved in the final site
plan shall be subject to inspection by the Borough Engineer, and approval
shall be revoked if there is a significant deviation from the site
plan as approved. Performance and maintenance bonds shall be released
subject to approval by the Borough Engineer and the Borough Council.
All improvements shall be completed in a timely manner so as not to
leave the site in an unfinished or unsightly condition, as determined
by the Borough Engineer; and if this is not done the final approval
shall be deemed to be revoked, and the performance and maintenance
bonds may be used by the Borough to restore the site to an acceptable
condition.
[1973 Code § 89-8]
Site plans shall be drawn on a map or maps to a scale not smaller
than one inch equals 50 feet and not larger than one inch equals 10
feet, and shall include and show the following information with respect
to the subject property, except that preliminary site plans may be
submitted without detailed dimensions, grade elevations and engineering
designs and may include only preliminary architectural floor plans
and typical elevations. Site plans shall also contain all information
as may be additionally required by the site plan application checklist.
a.
The names and addresses of the applicant and the owner and the name,
address and title of the person preparing the plan, maps and accompanying
data, the date of preparation and the dates of each revision where
applicable.
b.
An appropriate place for the signatures of the Chairman and Secretary
of the Planning Board and the Borough Engineer.
c.
The lot and block number or numbers of the lot or lots from the Borough
Tax Maps; and the length and bearings of the lot lines of the proposed
project.
d.
Scale and north sign.
e.
The zone district in which the lot or lots are located and the zone
district or districts of all the immediately adjoining lots.
f.
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question.
g.
The location, size and nature of the entire lot or lots in question,
and any contiguous lots owned by the applicant or in which the applicant
has a direct or indirect interest, even though only a portion of the
entire property is involved in the site plan for which approval is
sought; provided, however, that where it is physically impossible
to show such entire lot or lots or contiguous lot or lots on one map,
a key map thereof shall be submitted.
h.
The location, names and widths of all existing and proposed streets
abutting the lot or lots in question; the property lines of all abutting
properties, together with the names and addresses of the owners as
disclosed on the Borough Tax Map and tax rolls on file in the Borough
of Rockleigh municipal offices as of the date of the site plan application;
and the location of existing buildings within 200 feet of the site
in question.
i.
The existing and proposed principal building or structure and all
accessory buildings or structures, if any, and the square footages
thereof, with dimensions showing present and finished grade elevations
at all corners and entrances of said buildings and structures, first
floor elevations and the complete floor plans and elevation plans
thereof.
j.
Present and proposed topography based on New Jersey Geodetic Control
Survey Datum, at two-foot contour intervals.
k.
All existing and proposed setback dimensions, landscaped areas, trees
over six-inch caliper on the part of the site affected by the proposed
development, fencing the size and type of planting and plant material
upon the subject lot or lots, including a planting plan drawn by a
qualified landscape architect or landscape designer and signed by
him.
l.
The location, type and size of all existing and proposed curbs, sidewalks,
driveways, fences, retaining walls, parking space areas, and layouts
thereof, and all off-street loading areas, together with the dimensions
of all the foregoing for the site and within 100 feet; and the number
of employees, total, and maximum on one shift.
m.
The location, type and size of existing and proposed catch basins
and storm drainage facilities and all utilities, both above and below
ground. Drainage calculations shall be submitted to show the adequacy
of proposed storm drainage facilities, and security against flooding
shall be demonstrated, with evidence of approval by the State Department
of Environmental Protection where applicable, including encroachment
permits.
n.
All existing and proposed signs and their size, nature of construction
and location, and all existing and proposed exterior lighting, including
size, nature of construction, location, height, the area and direction
of illumination and the lumen power.
p.
Cost estimates and proposed performance, construction and maintenance bonds (in accordance with the provisions of § 32-7.4 of the Rockleigh Borough Code) and construction time schedules related to building construction, for any improvements not proposed to be completed before the issuance of a certificate of occupancy.
r.
Any and all other information and data necessary to meet any of the
requirements of this chapter not listed below.
[1973 Code § 89-9]
Each site plan shall provide for the following:
a.
The development shall be consistent with Borough Code Chapter 34, Zoning, the zoning ordinances, except in those cases where application is being made to the Planning Board for a variance from the terms and provisions of the Zoning chapter and ordinances.
b.
Safe and efficient vehicular and pedestrian circulation, parking
and loading.
c.
Adequate screening and landscaping, and appropriate location of structures.
d.
Exterior lighting for safety reasons, in addition to adequate streetlighting.
e.
Adequate water supply, drainage, shade trees, sewage facilities and
other utilities necessary for essential service to residents and occupants.
f.
Any area reserved for public use shall be of suitable size, shape
and location to serve its intended purposes.
h.
Adequate protection and conservation of soils through the submission of an erosion and sedimentation control plan for all site plans that will result in disturbance of 5,000 square feet of land or more, as required in § 32-11, Soil Erosion and Sediment Control, of Chapter 32, Land Subdivision, of the Rockleigh Borough Code.
i.
Standards for the grading, improvements and construction of streets
or driveways and for any required walkways, curbs, gutters, streetlights,
fire hydrants and water drainage, sewage facilities and other improvements
found necessary shall be as provided to the developer by the Borough
Engineer. Where certain utilities to be installed are under other
governmental authority or jurisdictions, the standards shall be provided
by those jurisdictions and shall be adhered to by the developer. A
letter approving the proposed installations and a statement as to
who will carry out the construction shall be required.
k.
All taxes and assessments against the site shall be paid prior to
any preliminary approval.
[1973 Code § 89-10; Ord. No. 06-07]
Fees are provided in Chapter 30, Land Use Procedures.
[1973 Code § 89-11]
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a building permit or certificate of occupancy,
as the case may be, shall be construed to be a violation of this chapter
and shall be grounds for the revocation of any building permit or
certificate of occupancy, as the case may be. Written notice of revocation,
sent by certified mail, by the Construction Official, requiring compliance
with the conditions of site plan approval within a period of time
of not less than five days, shall effectively revoke any building
permit or certificate of occupancy, as the case may be, if compliance
shall not be made within the time limit set.
[Ord. No. 06-01-04; Ord. No. 2010-08; amended 6-4-2018 by Ord. No. 2018-6]
a.
A building permit must be applied for and issued within 18 months
from final approval by the Planning Board of any development application.
If a building permit is not so applied for and issued within said
time period, said Planning Board approval shall be deemed null and
void and a building permit cannot then be issued.
b.
Final approval by the Planning Board is defined as the 46th day from
the publication of a notice once in the official newspaper of the
municipality or a newspaper of general circulation in the municipality
providing notice of the determination of the Planning Board on a development
application.
c.
However, and notwithstanding the above, an applicant may apply for, and the Planning Board may grant, three one-year extensions of the above referred to time period providing that such application is filed by the applicant with the Planning Board within 60 days after the expiration of said time period and it is further provided that if the design standards have been revised by ordinance, such revised standards shall govern if permitted under P.L. 2010, Ch. 9, as may be amended or supplemented. Any such one-year extension that may be granted by the Planning Board shall commence with the expiration of the prior time period and not with the date of the granting of the extension by the Planning Board.
