Borough of Mendham, NJ Article IX Site Plan Approval

§ 195-33 Site plan approval required.

A. Except as provided herein, no building permit shall be issued for a building, structure or use or any enlargement, expansion or change of use, unless a site plan is first submitted and approved by the approving authority.

B. No certificate of occupancy shall be given unless all construction and conditions conform to the site plan as approved or as specified under Chapter 215, Zoning, § 215-43.

§ 195-34 Exemptions from site plan approval.

A. Site plan review shall not be required for one- or two-family detached dwellings or for such accessory uses as a private garage, toolhouse, garden and private greenhouses, swimming pools and other similar uses incidental to a single-family detached dwelling or similar improvements as accessory uses to a principal use. The exceptions listed herein shall not be applicable to planned development groups.

B. Site plan approval shall not be required for:

[Amended 2-18-1997 by Ord. No. 1-97; 6-6-2005 by Ord. No. 22-05]

(1) Minor repairs to the interior of a building which do not involve structural change or enlargement of the building, as determined by the Construction Official.

(2) Renovations or alterations to the exterior design of a building or structure which do not involve any enlargement of the building or major structural change, as determined by the Construction Official, except for buildings or structures within the Historic Business Zone. With regard to buildings or structures within the Historic Business Zone, this Subsection B(2) site plan exemption shall be available only for the installation of an awning and then only after the application for the proposed awning has been submitted to and approved by the Historic Preservation Commission.

(3) Changes of use/tenancy/ownership from one permitted use to another or from a nonconforming use to a permitted use shall not require site plan approval, subject to the review and approval of the Zoning Officer and the Borough Engineer as part of an application for a change of use/tenancy. This application shall be submitted on forms supplied by the Borough accompanied by the appropriate fee. The Zoning Officer/Borough Engineer may approve the application unless they determine that the proposal will result in an increase in sanitary sewer demand for the premises, require additional site improvements or require any variances or design waivers. If the application is not approved by the Zoning Officer/Borough Engineer, it shall be referred to the appropriate Land Use Board for a site plan or site plan waiver application.

[Added 11-16-2017 by Ord. No. 11-17]

C. However, the Construction Official, at his or her discretion, may refer any application for a building permit to the approving authority for site plan approval, Subsection B above notwithstanding, where, in the Construction Official's judgment, the construction, reconstruction, alteration or change of use will affect circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading or the lack of any or all of these factors, environmental factors and other considerations as specified in this chapter.

D. Except as provided in Subsections A and B herein, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on any property used or proposed to be used for business or commercial purposes, regardless of the zone in which the property is located, shall require site plan approval, unless waived by the Planning Board upon a showing by the applicant that the proposed change is so inconsequential as not to require a formal site plan.

[Amended 8-16-1982 by Ord. No. 12-82; 5-1-2006 by Ord. No. 4-06]

E. Any determination by the Construction Official that the site plan approval is not required pursuant to Subsection B shall be set forth, in writing, by the Construction Official, with copies of said letters filed with the applicant and the administrative officer.

§ 195-35 Filing for preliminary approval.

A. Any application shall be submitted to the administrative officer, in writing and with 22 copies, on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 35 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.

[Amended 8-7-1989 by Ord. No. 17-89; 6-7-1999 by Ord. No. 15-99]

B. 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.

§ 195-36 Procedure for preliminary approval.

A. Preliminary site plan review.

(1) The applicant shall submit the preliminary site plan application and five copies of plats and maps, together with the information required by the Application Checklist, Appendix A, Chapter 124, and payment of all required fees to the Administrative Officer. After determination of completeness by the Technical Review Committee, an additional 15 or 20 copies, as determined by the Administrative Officer who shall submit copies of said preliminary plat to the following:

[Amended 8-7-1989 by Ord. No. 17-89; 3-21-2005 by Ord. No. 2-05]

(a) Approving authority attorney.

(b) Borough Engineer.

(c) Planning consultant.

(d) Construction Official.

(e) Board of Health.

(f) Fire Department.

(g) Police Department.

(h) Borough Sewer Department.

(i) Other municipal officials and agencies as directed by the approving authority.

(j) Environmental Commission.

(k) Shade Tree Commission.

(2) Said professionals and boards shall make recommendation to the approving authority, in writing, within 35 days of the application submission. The approving authority shall take said recommendations into account, but shall have the authority to proceed in the absence of such recommendations which are not essential to its determination.

(3) If the preliminary site plan is found to be incomplete by the administrative officer, the applicant shall be notified thereof within 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 site plan submission, the applicant shall be required to modify the plat in order to qualify as a complete application as to content and for public hearing purposes.

B. County Planning Board and other governmental approvals. Any site plan application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant, accompanied by a letter of transmittal from the Borough, to the Morris 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 by its failure to report thereon within the required time period.

C. Fees. All applicable fees shall be paid prior to any action by the approving authority.

D. Public hearings. Upon submission of a complete application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 195-7 for public hearings. The approving authority may waive notice and public hearing for an application for development if the Planning Board or its Site Plan Subcommittee appointed by the Chairperson finds that the application for development conforms to the definition of "minor site plan." Minor site plan approval shall be deemed to be final approval by the Planning Board, provided that the Planning Board or its subcommittee may condition such approval on terms securing the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

[Amended 4-21-1980 by Ord. No. 8-80]

E. Time limit for action. The approving authority shall grant, condition or deny preliminary site plan approval within 45 days of receipt of a complete site plan application for a site plan which involves 10 acres or less and 10 dwelling units or less, or within 95 days of submission of a complete application for a site plan of more than 10 acres or more than 10 dwelling units or within such further time as may be consented to by the applicant for both classes of site plans. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall entitle an applicant to claim approval of his or her application for development by compliance with the terms of N.J.S.A. 40:55D-10.4.

[Amended 4-21-1980 by Ord. No. 8-80; 6-7-1999 by Ord. No. 15-99]

§ 195-37 Effect of preliminary approval.

A. Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is granted:

[Amended 6-7-1999 by Ord. No. 15-99]

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and 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) That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for an additional period of 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.

B. In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection A(1), (2) and (3) above for such a time period longer than three 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, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to the preliminary 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 preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.

C. Failure to obtain final approval within the prescribed time limits as herein defined shall void the preliminary plat approval.

§ 195-38 Filing for final approval.

[Amended 6-7-1999 by Ord. No. 15-99]

An application shall be submitted to the administrative officer, in writing and with 22 copies, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 35 days prior to the regular meeting date of the approving authority. Required fees, as provided in Article III, shall be submitted with the application form.

§ 195-39 Procedure for final approval.

A. Final site plan review.

(1) The applicant shall submit the final site plan application and 20 copies, plus any prints and reproducibles required by the County Planning Board, of the plat maps, together with the information required by the Application Checklist, Appendix A, Chapter 124, and payment of all required fees to the Administrative Officer, who shall submit copies of the plat to the following:

[Amended 3-21-2005 by Ord. No. 2-05]

(a) Approving authority attorney.

(b) Borough Engineer.

(c) Planning consultant.

(d) Construction Official.

(e) Board of Health.

(f) Borough Sewer Department.

(g) Environmental Commission.

(2) Said professionals and boards shall make recommendations to the approving authority, in writing, within 45 days of the application submission. The approving authority shall take said 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 the 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.

B. County Planning Board and other governmental agency approval. When review or approval is required by the Morris 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 transmit the material for review by the other agency and 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 limit for action.

(1) The approving authority shall grant, condition or deny final site plan approval within 45 days of receipt of a 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 entitle an applicant to claim approval of his or her application for development by compliance with the terms of N.J.S.A. 40:55D-10.4, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

[Amended 6-7-1999 by Ord. No. 15-99]

D. Final site plan approval. Upon approval of the site development plan and upon compliance with all conditions, the Engineer and the Chairperson and the 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 identified in Subsection A(1) herein.

E. Notice of farm use.

[Added 2-22-2000 by Ord. No. 2-00]

(1) For the purpose of giving due notice of the farm rights contained in § 215-12.1 to new residents of the municipality, the Planning Board shall require an applicant for every site plan review, as a condition of approval of such application, to provide every purchaser with a copy of the Borough's Right to Farm Ordinance; and

(2) Whenever a new major or minor subdivision abuts a farm as defined in § 215-12.1 or a new major or minor subdivision contains space which was not owned by individual homeowners or a homeowners' association, and said space is at least five acres in size, then the following language shall be inserted in the deed of all lots in the subdivision:

"Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under Agricultural uses, § 215-12.1 of the Borough of Mendham Zoning Ordinance."

§ 195-40 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 years after the date on which the resolution of final approval is granted.

[Amended 6-7-1999 by Ord. No. 15-99]

B. Final approval shall expire two 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 § 195-39 for one year. Up to three such extensions may be granted.

C. In the case of a site plan for a planned development of 50 acres or conventional subdivision or site plan for 150 acres or more, or a site plan for a development of a nonresidential floor area of 200,000 square feet or more, the approving authority may extend the rights granted under the final approval for such period of time longer than two 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, economic conditions and the comprehensiveness of the development. The applicant may apply 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, economic conditions and the comprehensiveness of the development.

[Amended 6-7-1999 by Ord. No. 15-99]

D. The approving authority may, as a condition of final approval:

(1) Grant final approval only for designated geographic sections of the development.

(2) 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.

(3) Condition the granting of a certificate of occupancy or zoning permit subject to the meeting of certain requirements by the applicant or developer or subsequent heirs or assignees 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 improvements, reevaluation of circulation patterns, etc.

§ 195-41 Other site plan requirements.

A. Site plan amendments. Amended site plan applications shall be filed with the approving authority and shall be considered at the next regular meeting date of the approving authority, provided that the amended application is received no less than 35 days before said meeting date and said amendments are minor in nature.

[Amended 8-7-1989 by Ord. No. 17-89]

B. Compliance.

(1) All proposed improvements of development indicated on the approved site plan shall meet the requirements of all application codes, ordinances and specifications of the community, county, state or federal governments and other agencies with jurisdiction over matters pertaining to site development.

(2) It shall be the joint responsibility of the Engineer and the Construction Official to enforce their respective rules and regulations to ensure compliance with the site plan approval map and other specified conditions as may be imposed on the development.

C. Site plan binding. The site plan, as approved by the approving authority, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the approving authority except as provided in Subsection A above.

D. Revocation of building permit or certificate of occupancy. In the event of a failure to comply with any condition of a site plan approval, the Construction Official, on his or her own initiative or upon recommendation from the Engineer, may revoke the building permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.

E. Drainage and conservation easements. The applicant may be required to encompass drainage and conservation easements in the site plan as set forth in § 195-32.

[Added 9-2-1980 by Ord. No. 16-80]