[Amended 12-26-1996 by Ord. No. 96-22]
A. Site plan review shall not be required for single- and two-family
dwellings or such accessory uses as private garages, toolhouse, garden
and private greenhouses, swimming pools and other similar uses incidental
to a single- or two-family detached dwelling or for similar improvements
as accessory uses to a principal use.
B. Site plan approval shall not be required where:
(1) Minor repairs and alterations to the interior of the building do
not involve structural change or enlargement of the building, as determined
by the Construction Officer.
(2) Renovations or alterations to the exterior design of a building or
structure which does not involve any enlargement of the building or
major structural change, as determined by the Construction Official.
C. Except as provided herein, all construction, reconstruction, alteration
or enlargement of a building or structure or change in use (whether
to a permitted use, the same use or different permitted use), change
in tenancy, change in ownership or lot shall require site plan approval.
D. Any determination by the Construction Official that site plan approval
is not required pursuant to this section shall be set forth in writing
by the Construction Officer, with copies of said letter filed with
the applicant and the administrative officer.
E. Upon referral by the Construction Official and at its discretion,
the approving authority for site plan approval, anything herein notwithstanding,
where in the authority's judgment the construction, reconstruction,
alteration, change of tenancy, change of use or change of ownership
(whether to a permitted use, the same use or different permitted use)
will not significantly affect traffic, water supply, sewerage 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 may waive the
submission of formal site plan approval. The waiver of such formal
submission of site plan review may be subject to appropriate conditions,
and any such waiver decision shall be reduced to writing in the same
manner as other land use decisions are rendered. The cost of any such
waiver procedure shall be borne by the applicant in accordance with
the applicable fee schedule.
F. Fee structure herein shall be the same as that set forth in Chapter
202, Article
II, Land Development Fees and Escrow Accounts, and fees set forth therein shall not be affected by ultimate decision of the Planning Board to waive site plan approval.
If any application submitted by a developer meets the definition
of "minor site plan" as hereinabove set forth, any approval given
by the approving authority shall be deemed to be final approval of
the site plan, provided that the approving authority or a subcommittee
thereof may condition such approval on terms ensuring the provision
of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41
and 40:55D-53.
A. 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 Planning Board to act within the period
prescribed shall constitute minor site plan approval.
B. Whenever review or approval of the application by the County Planning
Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6),
the Municipal 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 County Planning Board
by its failure to report thereon within the required time period.
C. 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 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 14 days before said meeting date and said
amendments are minor in nature.
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.
In the event of a failure to comply with any condition of site
plan approval, the Construction Official, on his 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.