[Amended 12-11-1997 by Ord. No. 34-97; 8-12-2010 by Ord. No. 23-2010]
A. Site plan approval; when required. Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development not specifically exempted by Subsection
D below, a final site plan application shall be submitted to and approved by resolution of the Planning Board in accordance with the requirements of this article. The resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a site plan pursuant to this chapter.
B. Subdivision approval; when required. Prior to the filing of any plat, deed or other recorded instrument with the County Recording Officer for the subdivision of land, as defined by §
166-4A, a final subdivision application shall be submitted to and approved by resolution of the Planning Board in accordance with the requirements of this article. The resolution of the Zoning Board of Adjustment shall substitute for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a subdivision pursuant to this chapter.
C. Filing procedures. Applications for site plan and/or subdivision
approval shall be filed in accordance with the following procedures:
(1) An application for site plan or subdivision approval shall be filed
with the Secretary of the Planning Board or Board of Adjustment, depending
upon which Board has jurisdiction over the application. Required application
forms and completeness checklists for the application shall be available
in the office of the Secretary and shall be provided to the applicant
upon request prior to formal submission of the application.
(2) The required completed and signed application forms must be accompanied
by the required drawings, documents and other data as required by
the completeness checklists in this chapter. Three sets of the required
application forms, plans and other documents shall be submitted initially.
If the initial application is determined to be incomplete, three sets
of the revised forms and plans, as applicable, shall be submitted.
Once the application is determined complete, an additional 17 copies
shall be submitted, for a total of 20 complete copies of the forms,
plans and supporting documents. The applicant may produce other documents,
records, or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
(3) The application must include the appropriate fees and escrow deposits required by §
166-48 and any other fees and deposits that may be required by this chapter or other applicable law.
D. Certain developments exempted from site plan approval requirements.
The following developments shall be exempt from the requirement to
obtain site plan review and approval; provided that if such developments
are proposed in connection with a development application that otherwise
requires site plan approval, they shall require approval as part of
the overall site plan application:
(1) Subdivision or individual lot applications for detached one- or two-dwelling-unit
buildings and permitted accessory uses and structures thereto.
(2) Maintenance and repair of legally existing improvements.
(3) Improvements that are an identical replacement for improvements that
previously received site plan approval or site plan exemption and
for which there is no legal prohibition against said replacement.
The foregoing shall not be construed to exempt the following improvements
from the requirement to obtain site plan approval or site plan exemption:
(a)
Improvements for which no valid approval exists;
(b)
Improvements that would violate any applicable condition of
a prior approval;
(c)
Improvements that would violate any of the provisions related to nonconforming uses or structures in Article
XXII; or
(d)
Improvements that would violate any other applicable law, rule
or regulation.
(4) A proposed interior alteration involving no change of use or occupancy
and involving no exterior site improvements other than those improvements
exempted from site plan review and approval by this section.
(5) Signs, other than permanent freestanding principal signs.
(6) Exempt antennas as defined in Article
II of this chapter.
(7) Groundwater remediation structures pursuant to N.J.S.A. 40:55D-66.8.
(8) Certain minor conforming developments that are determined exempt in accordance with the procedures in Subsection
E below.
(9) Development undertaken by the Township of Hanover.
(10)
Development otherwise exempt from the requirement of site plan
approval by law.
(11) An application for development solely for the installation of electric
vehicle supply/service equipment (EVSE) or make-ready spaces as part
of an existing or proposed development for another use or uses in
accordance with P.L. 2021, c. 171.
[Added 12-19-2022 by Ord.
No. 35-2022]
E. Site plan exemption for minor conforming developments. In accordance with §
166-58D(8), certain minor conforming developments may be determined exempt by the Site Plan Exemption Committee upon application, review and approval by the Committee. The following exemption criteria and procedures shall apply:
(1) Exemption criteria. Only improvements that meet the following criteria
may be determined exempt:
[Amended 10-27-2011 by Ord. No. 28-11; 12-13-2012 by Ord. No. 24-12; 4-10-2014 by Ord. No. 10-14; 10-23-2014 by Ord. No. 40-14]
(a)
The development shall be limited to the following, alone or
in combination:
[1]
Changes of use or occupancy.
[2]
Accessory buildings or other roofed accessory structures that
do not exceed 300 square feet of gross floor area.
[3]
The following site improvements, other than accessory buildings
or other roofed accessory structures:
[a] Improvements that do not increase the total improvement
coverage on the site by more than 1,000 square feet;
[b] Development that is limited to demolition activities,
tree removal, grading, landscaping, fencing and similar activities;
[c] Minor lighting and drainage improvements;
[d] Outdoor dining facilities accessory to a permitted
restaurant;
[e] Exterior wall finishes, roofs, doors, windows and
similar improvements to existing buildings; and
[f] Solar or photovoltaic energy facilities or structures
mounted on the roofs of buildings.
(b)
The development shall not include any of the following, which
shall be required to obtain site plan approval:
[1]
New principal buildings or additions to principal buildings.
[2]
Improvements that require conditional use approval.
[3]
Freestanding principal signs.
[4]
Developments that do not fully comply with all applicable conditions
of prior approvals for the property.
[5]
Developments on properties with outstanding health, fire or
building code, zoning or traffic safety violations.
[6]
Developments that in the opinion of the Site Plan Exemption
Committee may be harmful to the public health, safety and welfare,
or when in the opinion of the Site Plan Exemption Committee the development
raises issues or questions of sufficient importance that should be
subject to full Planning Board review.
(c)
The proposed development must comply with all applicable provisions of Chapter
166 of the Code including but not limited to the specific and general design guidelines, standards and construction specifications, performance standards, the zoning regulations and all other applicable laws, rules and regulations.
(2) Site Plan Exemption Committee. The membership of the Site Plan Exemption
Committee shall consist of the following persons:
(a)
A member of the Planning Board, chosen by the Board.
(b)
The Zoning Officer, who shall act as Chairman of the Committee.
(c)
A member of the Board of Health or its Health Officer/Environmental
Specialist.
(d)
The Fire Subcode Official.
(e)
The Chief Financial Officer in his/her capacity as Tax Collector.
(f)
The Executive Director of the Hanover Sewerage Authority.
(g)
The Director of the Office of Emergency Management.
(3) Application for exemption. The applicant for site plan exemption
shall file with the Site Plan Exemption Committee:
(a)
An application form available from the office of the Code Enforcement
Officer;
(c)
A plan depicting the proposed development;
(d)
If necessary to determine compliance with the site plan exemption
criteria, a current survey of the property;
(e)
Any supplemental documentation, as required by the Site Plan
Exemption Committee, that may be necessary in order to determine that
the improvements comply with the site plan exemption criteria above.
(4) Review of applications for site plan exemption. Applications for
site plan exemption shall be reviewed by the Site Plan Exemption Committee.
In performing this review and in making the determination regarding
site plan exemption, the following shall apply:
(a)
The applicant shall have the burden of proof that the proposed
development meets the criteria for site plan exemption. Failure to
meet this burden to the satisfaction of the Site Plan Exemption Committee
shall result in a determination that the development is not exempt
from the requirement to obtain site plan approval.
(b)
If the applicant has not provided sufficient information or
has provided information that is unclear, contradictory or confusing,
the Committee shall notify the applicant of such deficiencies within
20 days of the date the application is filed. In the event that the
Committee does not determine the application to be complete or incomplete
within said period, the application shall be determined complete upon
the expiration of said twenty-day period.
(c)
If the application is determined incomplete, the applicant shall
be required to address the completeness deficiencies.
(d)
The Committee shall review and decide applications for site
plan exemption within 30 days of the date the application is determined
to be complete, unless such deadline is extended by consent of the
applicant. The failure of the Committee to act within said time period
shall be deemed a dismissal of the application without prejudice.
(e)
The Committee shall approve or deny applications for site plan exemption based upon the exemption criteria in Subsection
E(1) above. Exemptions may be granted with the imposition of reasonable conditions designed to ensure compliance with the exemption criteria, as may be required by law or deemed appropriate by the Committee.
(f)
If there is any reasonable doubt concerning whether or not the proposed development meets the exemption criteria in Subsection
E(1) above, the Committee shall deny the application for site plan exemption.
(g)
All decisions of the Committee shall be in writing and shall
state the nature of the proposed development, the reason(s) for the
decision and, in the case of exemption approval, any conditions of
approval. A copy of the decision shall be sent to the applicant without
charge.
(h)
The application materials and a copy of the Committee's decision
shall be maintained in the records of the Zoning Officer.
At the request of the developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. This step is optional and is recommended by the Planning
Board. The concept plan is designed to enable the Planning Board and
the applicant to discuss and evaluate principles and potential problems
involved before the applicant has gone to the expense of completing
detailed engineering drawings as required for further processing of
the development application. The developer shall not be bound by any
concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.