A.
Site plan review and approval by the Planning Board
or, where applicable, by the Board of Adjustment shall be required
before any change of use or before any excavation, removal of soil,
clearing of a site or placing of any fill on lands contemplated for
development; and, except as hereinafter provided, no building permit
shall be issued for any building or use or reduction or enlargement
in size or other alteration of any building or change in use of any
building, including accessory structures, unless a site plan is first
submitted and approved by the Planning Board; and no certificate of
occupancy shall be given unless all construction and development conforms
to the plans as approved by the Planning Board.
B.
Site plan approval shall not be required for any detached
one- or two-dwelling-unit buildings or any uses accessory thereto,
such as a private garage or storage shed incidental to residential
uses, but this shall not limit the requirements for submission and
approval of subdivision plats as otherwise required by Borough ordinances.
In any case where site plan review is required
under the provisions of this chapter, an applicant may apply for a
waiver of the site plan requirements. The Planning Board or, where
applicable, the Board of Adjustment may waiver the requirements of
this chapter if the proposed development:
A.
Secured previous site plan approval under the terms
of this chapter;
B.
Involves normal maintenance or replacement such as
a new roof, painting, new siding or similar activity; or
C.
Does not affect existing circulation, drainage, building
arrangements, landscaping, buffering, lighting, and other considerations
of site plan review.
In the event that, during the period of approval
heretofore or hereafter granted to an application for site plan approval,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare,
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this chapter shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
A.
In the event that a developer submits an application
for site plan approval proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Planning Board shall process
such application in accordance with this chapter, and if such application
complies with all Borough regulations, the Planning Board shall approve
such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for site plan approval requires an approval by a governmental agency
other than the Planning Board, the Planning Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Planning Board shall make a decision
on any application for site plan approval within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant, unless the Planning Board is prevented
or relieved from so acting by the operation of law.
If the Master Plan or the Official Map provides
for the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a site plan, the Planning Board may further require that
such streets, ways, basins or areas be shown on the plan in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plan for a period of one year after the approval of the
final plan or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof, the Borough
shall have entered into a contract to purchase or institute condemnation
proceedings, according to law, for the fee or a lesser interest in
the land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plan and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to the streets and roads, flood control basins or public drainageways
necessitated by the land development and required for final approval.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instances, unless a lesser amount has previously been
mutually agreed upon, "just compensation" shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation.
The Planning Board shall have the power to review
and approve or deny conditional uses or 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. The longest time period
for action by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
