[Amended 3-11-1980; 12-13-2001 by Ord. No.
2001-21]
A. Site plan review and approval shall be required as
a condition precedent to the issuance of a permit for any development,
except that individual lot applications for a detached one-family
dwelling unit building shall be exempt from site plan approval.
B. No use of any kind shall be established, enlarged, extended or changed whatsoever without the owner of the premises having first obtained a zoning permit from the Zoning Officer after favorable review by the Planning Board of a site plan covering the proposed use; provided, however, the owner may seek a waiver of formal site plan review as described in Subsection
C below.
C. Whenever the owner of a property seeks permission
to change the use of one permitted nonresidential use to another permitted
nonresidential use within a similar category of nonresidential uses,
an application may be made to the Zoning Officer an a form approved
by the Planning Board seeking an administrative review of the proposed
change of use and a determination by the Zoning Officer as to whether
or not site plan review is required. The information submitted by
the applicant must be sufficient in detail and scope to enable the
Zoning Officer to make an informed decision as to the nature, quality
and extent of the proposed use change, and any zoning permit issued
as part of the waiver process shall be limited to the use described
in the application. Such waiver may be granted by the Zoning Officer
if he/she is able to make the following determinations:
(1) Adequate information has been submitted by the applicant
with the consent of the owner of the property to enable the Zoning
Officer to make an informed decision as to the nature, quality and
extent of the existing use and proposed use.
(2) The existing use is a permitted use in the zone in
which it is located and is in conformity with the Borough Land Use
Ordinance.
(3) The legality of the existing use does not require
a determination that the existing use is a lawful prior nonconforming
use.
(4) The proposed use does not include any structural modifications
to the structure or site other than installation of nonbearing interior
walls.
(5) The proposed use does not require an increase in street
parking or impervious coverage, and will not result in any increased
volume or alteration of drainage flow.
(6) No additional outside lighting will be required.
(7) The proposed use does not represent a significant
intensification of use as compared with the existing use, and there
are no other changes which might reasonably require formal site plan
review.
D. The Zoning Officer may request advice from the Planning
Board Attorney and Engineer, if deemed necessary, and the professional
fees related thereto shall be paid by the owner or applicant, as the
case may be, together with the application fee necessary for this
administrative review.
E. An interested party may appeal the decision of the Zoning Officer to the Planning Board pursuant to the provisions of §
194-67 of this chapter.
In the case of a site plan for a development
which proposes construction over a period of years, the developer
shall plan proposed stages so as to protect the interests of the public
and of the residents, occupants and owners of the proposed development
during the total completion of the development.
As a condition for site plan approval, the applicant
must submit proof from the Borough Tax Search Officer or other designated
official that no taxes or assessments for local improvements are due
or delinquent on the property for which the site plan application
is made.
The Board, when acting upon an application for
site plan approval, shall have the power to grant such exceptions
from the requirements of site plan approval as may be reasonable and
within the general purpose and intent of the provisions for site plan
review if the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
The Planning Board shall have the power to review
and approve or deny site plans simultaneously with review for subdivision
approval without the developer being required to make further application
to the Planning Board or the Planning Board being required to hold
further hearings.
[Amended 12-10-1996 by Ord. No. 96-14]
As a condition of final site plan approval, the Planning Board shall require and may accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of on-tract improvements, performance and maintenance guaranties, pursuant to the provisions of Article
VII, §
194-49.
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, in addition to other violations prescribed by law, be construed to be a violation of this article and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Building Inspector finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the building permit or certificate of occupancy, as the case may be. Such violations may, additionally or singly, also be prosecuted under §
194-44 hereof.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.