A.
The final site plan shall be submitted to the Construction
Official for forwarding to the Planning Board for final approval,
either combined with the submission of the preliminary site plan or
within three years from the date of preliminary approval. The Construction
Official shall immediately notify the Secretary of the Planning Board
upon receipt of a complete final site plan.
[Amended 11-24-1992 by Ord. No. 92-23]
B.
Twenty-two copies of the application and accompanying
plot plans, maps, engineering and architectural drawings and other
papers as required by this chapter or any rule of the Planning Board
shall be submitted to the Construction Official at least 15 business
days prior to the date of a regular Planning Board meeting. Unless
the preliminary site plan is approved without changes, the final site
plan shall incorporate all changes or modifications required by the
Planning Board.
[Amended 11-24-1992 by Ord. No. 92-23]
The Zoning Officer shall review the submission
for completeness and accept or reject the submission as a complete
application for final approval within 45 days of such submission.
If the application is incomplete, the application shall be returned
to the applicant and the Zoning Officer shall state the reason for
the rejection.
A.
The Planning Board shall act to approve or disapprove the final site plan 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.
A public hearing shall not be required, except that
if any substantial amendment in the layout of improvements proposed
by the developer that have been the subject of a hearing is made or
is required, the plan shall again go through the procedure required
for preliminary site plans.
C.
If the Board approves the final site plan, a notation
to that effect shall be made on the site plan and shall be signed
by the Chairman of the Board and the Board Secretary.
Upon final approval, copies of the final site
plan shall be filed by the Planning Board with the following officials:
After the Planning Board approves a site plan
at a public meeting of the Planning Board, such approval shall have
the following effect:
A.
All improvements shown on the final site plan approval
plans shall be installed in accordance with the plans.
B.
All standard minimum design elements required by this
chapter shall be provided, whether or not they were specifically enumerated
in the site plan approval and whether or not the plan approved indicated
the standard minimum design elements specifically.
C.
The site plan approval shall expire two years after
the same was issued if no site plan construction was performed during
said period.
D.
Performance and maintenance bonds may be required
and shall be released subject to approval by the Borough Engineer
and the Borough Council.
E.
No changes shall be made with respect to any of the
construction and implementation of all improvements shown on the site
plan or required by ordinance or required by the terms and conditions
of any site plan approval and by the terms and conditions, if any,
of any variance granted.
A.
No building or site developed after the effective date of this chapter shall be given a certificate of occupancy unless and until all improvements required by the site plan approval and this chapter, and the terms and conditions of any variance granted with regard to all construction items have been completed or performance and maintenance guaranties filed in the manner required. A temporary certificate of occupancy with a definite termination date may be issued by the Construction Official with a limit for site work of up to 120 days in the winter and 60 days in the summer. A temporary certificate of occupancy shall be issued only when the building complies with life safety codes and when access driveway and parking facilities are substantially completed, as determined by the Borough Engineer. Performance and maintenance guaranty requirements will still apply, as specified in Article VII hereunder. The building may be used until the termination date set forth in such temporary certificate of occupancy, unless such date is extended.
B.
No building or site shall be used or occupied without
a certificate of occupancy.
C.
No building or site shall be used after the termination date of any temporary certificate of occupancy. Penalties for violation of this provision shall be as specified in § 371-52 hereunder.
D.
The terms and conditions of any site plan approval
granted and the requirements of this chapter shall be deemed conditions
for the continued existence of any certificate of occupancy issued.
Any unapproved change in the entrances and exits, curbing, required
planted buffer areas, required planted areas, sidewalks, lighting,
parking spaces, parking layout, aisles, drainage, sewage disposal,
grades, fencing, landscape plans and landscaping shall be a violation
of this chapter and a violation of the terms and conditions of the
site plan approval. Such unauthorized change shall terminate the certificate
of occupancy issued. Each day of violation shall be a separate violation
of this chapter.
E.
No person shall use any building or site for any use
other than the use applied for in connection with a site plan application.
Each site plan approval shall state the use or uses approved and,
where more than one use is involved, the location and square foot
area of each use.
F.
Prior to the issuance of a temporary or permanent
certificate of occupancy, the applicant shall file a certification
by a licensed professional engineer or architect that all necessary
work required under the site plan approval and all necessary construction
shown on the approved site has been completed in accordance with the
plan approved, including all conditions of the site plan approval,
all minimum design elements required by ordinance, and all construction
work shown on the plan approved. If any of such construction work
was not so completed or was changed, the certification shall so state
and indicate each and every change, and as to each of such changes,
in such case, the applicant shall file as-built plans showing each
and every change superimposed on a copy of the site plan approved
so that the differences may be easily seen. In the event that there
are changes not previously approved by the Planning Board, no certificate
of occupancy shall be issued until the work has been completed in
accordance with a site plan resolution of the Planning Board. The
Planning Board may amend its site plan approval to approve the change
or may refuse to do so.
