A.
Any applicant proposing development within the municipality requiring site plan approval as defined herein shall submit to the Secretary of the Planning Board, at least 14 days prior to a regular meeting of the Board, 15 copies of a sketch site plan prepared in accordance with § 160-71, together with three copies of the site plan application form for classification purposes. The Secretary, at the time of filing the sketch site plan, shall immediately mark it "filed," put a date on each copy and issue an application number. Once an application has been assigned a number, such number shall appear on all documents, maps and plats submitted for proceeding in conjunction with the proposed site plan.
[Amended 2-19-1998 by Ord. No. 98-4]
B.
The Secretary shall forward one copy of the application
and sketch site plan to the County Planning Board, the Municipal Clerk,
the Municipal Engineer and the Board's Planning Consultant. The Municipal
Engineer and the Planning Consultant shall examine the submitted site
plan to determine the plan's conformance to the requirements of this
chapter and may file a written report of their findings and recommendations
with the Secretary of the Board. No final action by the Planning Board
shall be taken on a site plan application until a written review has
been received from the County Planning Board or expiration of the
thirty-day review period, in which case the application shall be deemed
to have been approved by the County Planning Board unless extended
for an additional thirty-day period by mutual agreement of the Board,
County Planning Board and applicant.
C.
The approving authority shall review the submission
for its completeness and the action on accepting or rejecting the
submission as a complete application no later than its first regular
meeting following the two-week review period. If incomplete, the material
shall be returned to the developer for a resubmission at least two
weeks prior to a subsequent meeting.
D.
If classified and approved as a minor site plan by
majority vote of members of the approving authority present at the
hearing, a notation to that effect and the signatures of the Chairman
and Secretary will be made on the plan. The Board or Site Plan Committee
may condition such approvals on terms ensuring provision of improvements
pursuant to Sections 29, 29.1 and 41 of the Act[1] and/or favorable review of the County Planning Board or
approval by the County Planning Board by its failure to report thereon
within the required time period.
[1]
Editor's Note: See N.J.S.A. 40:55D-38, 40:55D-39
and 40:55D-53.
E.
Two copies of the signed and approved site plan shall
be forwarded to the applicant within 10 days of approval of said application.
[Amended 2-19-1998 by Ord. No. 98-4]
G.
The zoning requirements and 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. If the site plan is classified as a major site plan, a notation to that effect shall be made on the site plan, which shall be returned to the developer for compliance with the procedures in § 160-52 of this chapter within 90 days of the date of classification.
A.
Fifteen copies of a site plan for preliminary approval prepared in accordance with § 160-73, together with three copies of the completed application forms, shall be submitted to Secretary of the appropriate approving authority at least 21 days prior to the regularly scheduled meeting at which consideration is desired. The Secretary shall forward a copy of the site plan for preliminary approval to the County Planning Board, if appropriate, Municipal Clerk, Municipal Engineer, Planning Consultant, Building Inspector, Fire Chief, Police Chief and Superintendent of Public Works for review and comment, if deemed appropriate; however, the Municipal Engineer and Planning Consultant shall examine the site plan to determine its conformance with requirements of this chapter and shall file written report of their findings with the Secretary of the Board.
[Amended 2-19-1998 by Ord. No. 98-4]
B.
The approving authority shall review the submission
for its completeness and take action on accepting or rejecting the
submission as a complete application no later than its first regular
meeting following the two-week period. If incomplete, the material
shall be returned to the developer for a resubmission at least 21
days prior to a subsequent meeting.
C.
Before any action is taken on any preliminary site
plan containing more than 10 acres, the approving authority shall
conduct a hearing with appropriate public notice as established in
this chapter. Action may be taken on a preliminary site plan for 10
acres of land or less without a public hearing unless, in the opinion
of a majority of a quorum of the approving authority, the proposed
use, proposed intensity of development, location of the tract, traffic
conditions or environmental concerns for a property of 10 acres or
less is of sufficient concern that the approving authority desires
to receive the public's comments. Where a public hearing is scheduled
for a site plan, no action shall be taken until completion of the
public hearing, and the scheduling and notifications for the hearing
shall be in accordance with this chapter.
D.
If the approving authority requires any substantial
amendment in the layout of improvements as proposed by the developer
and that plan had been the subject of a hearing, an amended application
for development shall be submitted and proceeded upon, as in the case
of the original application for development.
E.
The approving authority shall take action after considering the results of the public hearing, if any, and the recommendations made by the municipal, state and county official or agency within the time period prescribed in § 160-14, or the application for preliminary approval shall be deemed approved.
F.
If the approving authority acts disfavorably on the application for preliminary site plan approval, the applicant shall be so advised in conformance with § 160-36 of this chapter.
G.
If the approving authority acts favorably on a site
plan for preliminary approval, the Chairman and Secretary shall affix
their signatures to the site plan with a notation that it has received
preliminary site plan approval, and a copy shall be returned to the
applicant with instructions to proceed with final site plan procedures
as prescribed in this chapter.
[Amended 4-19-1990 by Ord. No. 90-16]
B.
The applicant shall submit to the Secretary of the appropriate approving authority for final site plan approval, 21 days prior to its regular meeting, 15 copies of a final site plan prepared in conformance with § 160-74, together with three copies of the prescribed application forms. The Secretary shall immediately forward a copy thereof to the Municipal Engineer, the Planning Consultant, the Municipal Clerk and the County Planning Board.
[Amended 2-19-1998 by Ord. No. 98-4]
C.
The Planning Consultant and Municipal Engineer shall
examine the submitted final site plan to determine the plat's conformance
to the requirements of this chapter and file a written report of their
findings and recommendations with the Secretary of the Board.
D.
The Board shall notify the applicant within 30 days
of submission of the application for final site plan approval if the
application and/or plat is found to be incomplete and the specific
deficiencies in said application and/or plat shall be deemed to be
properly submitted and complete.
E.
The final site plan shall be accompanied by a written statement from the Municipal Engineer that he is in receipt of a map or maps showing all utilities in exact location and elevation identifying all portions already installed and that the applicant has complied with one or both of the following: installed all improvements in conformance with all requirements of the chapter or a performance guaranty has been posted with the Municipal Clerk in sufficient size and form and in conformance with Article XI to insure the completion of all required improvements.
F.
The Board shall either approve or disapprove the application for final approval, after considering the recommendations made by municipal, state or county officials or agencies, within the time period prescribed in § 160-14, or the application for final approval shall be deemed approved.
G.
If the final plat is approved by the Planning Board,
a notation to that effect shall be made on each plat and shall be
signed by the Chairman and the Secretary.
H.
Upon final approval, copies of the final plat shall
be filed by the Planning Board Secretary with the following:
The following shall be exempt from the site
plan review process:
A.
One new single-family use.
B.
Additions, alterations or modifications to one existing
single-family residential use.
C.
One new two-family use.
D.
Additions, alterations or modifications to one existing
two-family residential use.
E.
Site plan review shall not be required for accessory
uses to single-family or two-family dwellings, sch as a private garage,
tool-house, garden and private green houses, swimming pools or other
similar uses or other similar improvements as accessory uses to a
principal use. The exceptions listed herein shall not be applicable
to planned development groups.
[Amended 2-19-1998 by Ord. No. 98-4]
F.
Site plan approval shall also not be required where:
[Amended 2-19-1998 by Ord. No. 98-4]
(1)
Minor repairs to the interior of a building do not
involve a structural change or enlargement of the building, as determined
by the Construction Official.
(2)
Renovations or alterations to the exterior design
of a building or structure do not involve any enlargement of the building
or major structural change, as determined by the Construction Official.
G.
Site plan review shall be required for all other uses,
including use of a vacant parcel, except that the Borough of Carteret,
its assignees, agencies and instrumentalities shall not be required
to obtain any type of site plan review or approval.
[Added 2-19-1998 by Ord. No. 98-4; amended 11-21-2013 by Ord. No. 13-20]
H.
The Construction Official, at his discretion, may refer any application for a building permit to the approving authority for site plan approval, Subsection F(1) and (2) of this section notwithstanding, where, in the Official's judgment the construction, reconstruction, alterations or change of use or occupancy will affect intensity-of-use, circulation, water supply, sewage disposal, garbage compactors, 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.
[Added 2-19-1998 by Ord. No. 98-4]
I.
Except as provided in Subsection F(1) and (2) of this section, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on or in a nonconforming structure, use or lot shall require site plan approval.
[Added 2-19-1998 by Ord. No. 98-4]
