A.Â
Except as provided herein, no building excavation
or foundation permit shall be issued for a building, structure or
use, or any enlargement, expansion or change of use, unless a site
plan is first submitted and approved by the Planning Board of the
Borough, except wherever the Board of Adjustment has jurisdiction
over a site plan pursuant to N.J.S.A. 40:55D-76, then and in that
case by the Board of Adjustment. Hereafter, "municipal agency" shall
mean either the Planning Board or Board of Adjustment of Fort Lee.
B.Â
No certificate of occupancy shall be given unless
all construction and conditions conform to the site plan as approved,
unless conditionally approved by the Planning Board as provided herein.
A.Â
Site plan review shall not be required for single-family
and two-family detached dwellings or for such accessory uses as a
private garage, tool house, gardens 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
the principal use.
B.Â
Site plan approval shall not be required where:
(1)Â
Minor repairs to the interior of a building do not
involve structural change or enlargement of the building, as determined
by the Borough Building Inspector, or change or enlargement of the
building, as determined by the Borough Building Inspector;
(2)Â
Renovations or alterations to the exterior design
of one- or two-family dwellings that do not involve any enlargement
of the building or major structural change, as determined by the Borough
Building Inspector; or
[Amended 8-17-2006 by Ord. No. 2006-41]
(3)Â
The cost of construction, reconstruction or other
improvement is less than $1,000.
C.Â
The Building Inspector, at his discretion, may refer any application for a building permit to the Planning Board for site plan approval, Subsection B(1), (2) and (3) notwithstanding, where in the Inspector's judgment the construction, reconstruction, alteration or change of use will affect existing circulation, drainage, landscaping, lighting or off-street parking or the lack of any or all of these factors or other considerations as specified in this chapter.
D.Â
Except as provided in 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 by the municipal agency.
A.Â
In cases where an applicant proposes to expand or
otherwise enlarge an existing use, structure or building, the standards
established by this chapter shall be applicable only to the new addition,
provided that the same constitutes a small addition.
B.Â
The area or dimension of any lot, yard, parking area
or other space shall not be reduced to less than the minimum required
by this chapter, and, if already less than the minimum required by
this chapter, said area or dimension may be continued but shall not
be further reduced.
The provisions of this chapter shall not limit
in any way the requirements for submission and compliance with other
municipal, county, state or federal regulations, resolutions, codes
and ordinances.
A.Â
In addition to referral of site plans to other agencies
required by law to review site plans, the municipal agency may refer
site plans to any other local, county, state, federal or private or
quasi-public agencies for their recommendations within their particular
fields of expertise.
B.Â
Each application for site plan approval, where required
pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant
to the County Planning Board for review or approval, and the municipal
agency 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 30 days, as set forth in § 245-40 herein.
A.Â
The municipal agency, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review and approval of this chapter, if the literal
enforcement of one or more provisions of the chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
B.Â
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 be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
Any site plan application requiring precedent
approval by the Board of Adjustment, upon favorable findings of the
Board, shall require the applicant to submit sufficient copies of
said resolution or resolutions to the Planning Board with the application
for site plan approval. The Planning Board may also request any exhibits
or other material which was submitted to the Board of Adjustment to
be filed with the site plan application.