No development shall take place within the Borough, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this chapter, unless exempted in accordance with § 104-102.
A. 
Single-family and two-family residential structures and uses incidental thereto permitted as of right under applicable zoning regulations are exempt from the site plan requirements.
B. 
The following additional developments are also exempt from the requirements:
(1) 
The construction of a parking area for fewer than five vehicles.
(2) 
Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of this chapter and that is developed in accordance with an approval of such application heretofore or hereafter given by the Planning Board pursuant to prior ordinances and regulations.
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of Glen Gardner. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of this chapter is impractical or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.
The Planning Board or its designated subcommittee or administrative officer may waive the requirements 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.
A. 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, parks or other 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 instituted condemnation proceedings according to law for the fee or 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.
B. 
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 instance, 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 the 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 the 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.