Except as otherwise provided in this chapter, the approval provisions of this Part 3 shall be administered by the Planning Board in accordance with Section 28 of Chapter 291, Laws of New Jersey 1975.[1] Whenever the Board of Adjustment has jurisdiction over an application it shall act in the same manner and in the same capacity as the Planning Board as hereinafter provided.
[1]
Editor's Note: See N.J.S.A. 40:55D-37.
Except as otherwise provided in this chapter, the provisions of this Part 3 shall be enforced by the Township Engineer. It shall be the Township Engineer's duty to investigate possible violations of this Part 3 found to exist, to serve notice upon the owner and take appropriate action.
A. 
Prior to the subdivision or resubdivision of land and prior to the issuance of a construction permit or certificate of occupancy for any development, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this article, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval unless the same are located in a flood hazard area.
B. 
More specifically, the site plan approval shall be required for the following:
(1) 
A new building.
(2) 
An addition to an existing building.
(3) 
An off-street parking area or alteration of such parking area.
(4) 
A change in use of a building or part thereof.
(5) 
Flood hazard area permits pursuant to the Flood Management Ordinance.[1]
[1]
Editor's Note: See Part 7, Flood Damage Prevention.
(6) 
Agricultural or horticultural use involving structures.
(7) 
Public utilities, parks and playgrounds.
C. 
Waiver of formal site plan review.
(1) 
The Planning Board may waive formal site plan review procedures and site plan detail requirements and grant final approval to the application if it determines that the proposed development meets the requirements of this chapter and would not be subject to any improvements. The standard to be applied by the Planning Board in making its decision shall be whether the proposed use or change of use changes, alters or enlarges the previous use or will change, alter, enlarge or affect environmental impacts, drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar consideration under the site plan review requirements.
(2) 
Request for waiver of formal site plan review shall be made to the Planning Board, in writing, and shall include a detailed description of the proposed development along with such maps and other documents that will allow the Planning Board to make an informed decision relative to waiver of site plan procedures. The Planning Board shall take action within 45 days of receipt of the written request or within such additional period of time agreed to by the applicant. Failure of the Planning Board to act within 45 days or agreed-upon extension of time shall be deemed a denial of the request.
(3) 
If formal site plan review procedures are waived, the Planning Board may reduce the development application fee in accordance with § 82-1D(1)(b)[2].
D. 
Commercial Change in tenancy applications for a change in occupancy or for a change from a permitted use to another permitted use in an existing nonresidential building shall be reviewed administratively by the Zoning Officer. The applicant shall submit sufficient information as required by the Zoning Officer to allow the Zoning Officer to make an informed decision as to the existence of any of the conditions or circumstances listed below and the Zoning Officer may, as appropriate, refer the application to one or more of the following Township employees or consultants: Construction Code Official; Traffic Safety Officer; Police Department; Township Engineer; Utility Superintendent; Health Officer; Fire Official; and/or Township Planner. The Zoning Officer shall refer the application to the Planning Board for site plan review, if, after reviewing the application and consulting with the Township's employees/consultants, the Zoning Officer determines that any of the following circumstances will exist or may arise from the proposed change in occupancy or permitted use:
[Added 4-11-2022 by Ord. No. 902]
(1) 
The proposed change in occupancy or use generates or results in any need for variance relief;
(2) 
The proposed change in occupancy or use involves any exterior alterations, changes to exterior site lighting or includes outdoor storage;
(3) 
The proposed change in occupancy or use will generate traffic within the Federal Highway Administration (FHWA) classification 6 to 13, greater than three axel vehicles; or the proposed business use requires daily access by commercial vehicles meeting FHWA classification 3 to 4 with frequency exceeding four times per day; or the proposed change in use may cause an increase in any proposed commercial traffic between the overnight hours of 8:00 p.m. and 7:00 a.m. regardless of the FHWA classification. However, passenger vehicles of FHWA classification 1 and 2 shall be permitted, subject to an approved parking plan;
(4) 
The parking on the site does not meet the parking requirements of the ordinance;
(5) 
The hours of operation for the proposed change in occupancy or use will occur outside or exceed the permitted operational hours between 7:00 a.m. to 8:00 p.m. daily; or
(6) 
There are is a change or increase to the existing impervious coverage or building square footage.
Prior to the filing of a formal application for development, an applicant may request, and the Planning Board shall grant, an informal review of a concept plan of the intended development. Said concept plan shall be in sufficient detail to clearly show the intended scope and design of the proposed development. The informal review shall not be binding on either the Planning Board or the applicant. However, this step is recommended particularly for major subdivisions and site plans in order to help ensure later compliance with ordinance requirements and Planning Board satisfaction with basic elements of the plan.