[Amended 11-24-1992 by Ord. No. 92-23]
An informal submission may be made at the option
of the developer. An informal discussion may be held at a meeting
of the Planning Board with reference to an informally prepared site
plan of sufficient accuracy to be used for purpose of discussion.
The purpose of such a discussion will be to review overall development
concepts in order to assist the applicant in the preparation of subsequent
plans. No decisions will be made and no formal action taken on an
informal discussion. Discussions and recommendations shall be informal
and shall not be binding on the Planning Board. The Planning Board
shall have the right to limit and control the extent, length and scope
of such informal discussion, to regulate when it may occur, to require
prior notice of a request for it and to conclude it in the interests
of expediting other business or if the matters being presented, in
the judgment of Board, should be presented formally. Any action taken
pertaining to such an informal submission shall be without prejudice
to the rights of the parties to later proceed formally under the procedures
elsewhere set forth in this chapter. Plans for informal discussion
shall be submitted to the Planning Board.
A.Â
The developer shall file with the Construction Official at least 15 business days before the date of the monthly meeting of the Planning Board 22 copies of an application for preliminary approval of a site plan, accompanied with a fee in accordance with § 371-7 of this chapter. At the time of filing the application but in no event fewer than 15 business days prior to the date set for hearing, the applicant shall also file 22 plot plans, maps or other papers required by virtue of any provisions of this chapter and other ordinances of the Borough or any rule of the Planning Board. The developer shall concurrently file an application with the County Planning Board.
[Amended 11-24-1992 by Ord. No. 92-23]
B.Â
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 Board if the data required for final approval under Article IV of this chapter hereunder is found to be complete and satisfactory.
C.Â
The Construction Official shall immediately notify
the Secretary of the Planning Board upon receipt of a complete application
and transmit the application and prints to the Secretary of the Planning
Board, except one copy of the application and site plan, which the
Construction Official shall retain in his office, and the fee, which
shall be deposited with the Chief Financial Officer.
[Amended 11-24-1992 by Ord. No. 92-23]
D.Â
The Construction Official shall review the submission for completeness as "complete application" is defined in § 371-3 hereunder and shall accept or reject the submission as a complete application within 45 days of such submission. If the application is incomplete, the application shall be returned to the applicant and the Construction Official shall state the reason for such rejection.
[Amended 11-24-1992 by Ord. No. 92-23]
If the submission is accepted as complete, a date for a public meeting shall be set, at which the Board will consider the application. In the case of variances or conditional uses, a date for a public hearing shall be set and a notice thereof given as set forth in Chapter 77, Land Use Procedures, Article III, of the Code of the Borough of Paramus and the hearing held in accordance with Article III of that chapter (§ 77-31).
[Amended 11-24-1992 by Ord. No. 92-23]
Copies of the preliminary site plan shall be
forwarded by the Zoning Officer prior to the hearing to the following
persons:
Following the public meeting or hearing and
prior to adoption of a resolution of approval or disapproval of a
preliminary site plan, the Board may require or the developer may
request and the Board may grant permission to make minor revisions
of the preliminary site plan. The Board shall also have the discretion
to permit the applicant to submit an amended application in appropriate
instances, but if any substantial amendment is required by the Board
or desired by the developer in the layout of buildings or improvements
proposed by the developer that have been subject of a hearing, an
amended application shall be submitted and proceeded upon as in the
case of an original application. The Board may allow a lesser application
fee than for the original application, if it determines that the review
work involved will be less.
A.Â
The Planning Board shall act to approve or disapprove the preliminary site plan with revisions, if any, in accordance with the time limits set forth in § 371-6 of this chapter, following the date at which it has been certified that the application submitted is complete.
B.Â
The recommendations of the County Planning Board shall
be given careful consideration in the final decision of the Borough
Planning Board. Any approval by the Borough Planning Board made before
the receipt of recommendations from the County Planning Board and
before the expiration of the statutory period within which the County
Planning Board may submit a report shall be conditioned on County
Planning Board approval, where the County Planning Board has approval
authority pursuant to N.J.S.A. 40:55D-37.
[Amended 11-24-1992 by Ord. No. 92-23]
C.Â
If the Borough Planning Board or County Planning Board
disapproves a site plan, the reasons for disapproval shall be stated
in writing and remedied prior to further consideration. If approval
is required by any other officer or public body, the same procedure
as applies to submission and approval by the County Planning Board
shall apply.
D.Â
If the Planning Board acts favorably on a preliminary
site plan, a notation to that effect shall be made on the site plan
and it shall be signed by the Chairman and Secretary of the Board.
The site plan shall then be returned to the developer for compliance
with final approval requirements.
A.Â
Preliminary approval of a site plan shall protect
the applicant, for a three-year period from the date of the preliminary
approval, from the 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; 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.Â
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.Â
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.
