[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.[1]
[Added 12-19-2022 by Ord. No. 35-2022]
[1]
Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.
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;
(b) 
An application fee as set forth in § 125-5L(1);
(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.
A. 
Upon receipt of an application, the Board Secretary shall forward same to either the Planning Board or Board of Adjustment depending upon who has jurisdiction. If the Planning Board has jurisdiction, the Secretary will forward the same to the Subdivision or Site Plan Committee and, in addition, shall send a copy to each of the following for report and recommendation:
(1) 
Township Engineer.
(2) 
Township Planning Consultant.
(3) 
County Planning Board, if required pursuant to the County Land Development Standards.
(4) 
Such other municipal, county, state and federal officials and agencies as directed by the Subdivision and Site Plan Committee or as provided in the Board's bylaws.
B. 
The Subdivision or Site Plan Committee will review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board.
C. 
The Planning Board shall grant or deny the application within the following time periods after submission of a complete application, prescribed below, or within such further time as may be consented to by the applicant. The approval of any site plan by the appropriate approval agency shall establish the exact use of all buildings, structures and improvements and shall be limited to those uses as indicated on the approved plan. Any deviation in the use of the site, or any part thereof, from the approved plan shall be deemed a violation of this chapter.
[Amended 7-9-1987 by Ord. No. 22-87; 12-11-1997 by Ord. No. 34-97]
Type of Application
Period of Time for Action by Planning Board
(days)
Minor subdivision or resubdivision
45
Preliminary plat
10 lots or less
45
More than 10 lots
95
Preliminary site plan
10 acres of land or less and
45
10 or fewer dwelling units
More than 10 acres of land or more than 10 dwelling units
95
Final plat
45
Final site plan
45
Conditional use site plan
95
Any application involving a variance
120
D. 
Failure of the Planning Board to act within the period prescribed above shall constitute approval; provided, however, that any applicant who wishes to claim approval of his application for development by reason of the failure of the municipal agency to grant or deny approval with the time periods as set forth in this section shall:
[Amended 7-9-1987 by Ord. No. 22-87]
(1) 
Provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Subsection a of Section 7.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12).
(2) 
Arrange publication of a notice of the default approval in the official newspaper of general circulation in the municipality.
(3) 
File an affidavit of proof of service and publication with the Board Secretary.
[Amended 5-8-2014 by Ord. No. 17-14]
E. 
Whenever review or approval of an application by the County Planning Board is required by the County Land Development Standards, the Planning Board 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 the required time period.
F. 
If the scheduled time of the Planning Board meeting allows insufficient time for the Board to reach a determination regarding action on an application within the time prescribed in this section, the applicant shall be requested to consent to an extension of time.
G. 
Prior to returning the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following;
(1) 
Municipal Clerk.
(2) 
Municipal Engineer.
(3) 
Building Inspector.
(4) 
Zoning Officer.
(5) 
Tax Assessor.
(6) 
Planning Board.
(7) 
County Planning Board.
H. 
Certificate of approval.
(1) 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), may apply, in writing, to the Board Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
[Amended 5-8-2014 by Ord. No. 17-14]
(2) 
The Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Board Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
[Amended 5-8-2014 by Ord. No. 17-14]
(3) 
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(a) 
Whether there exists in the Township of Hanover a duly established Planning Board and whether there is an ordinance controlling the subdivision of land adopted under the authority of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(b) 
Whether the subdivision, as it relates to the land shown on said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(c) 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The Board Secretary shall receive for such certificate issued a fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15, pursuant to § 166-48 of this chapter. The fees so collected by such official shall be paid to the Township of Hanover.
[Amended 5-8-2014 by Ord. No. 17-14]
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.
A. 
Prior to the subdividing or resubdividing of any land within the Township of Hanover, so as said subdivision constitutes a minor subdivision as defined in § 166-4 of this chapter, a minor subdivision application shall be filed in accordance with § 166-58 above and shall contain all data and information required in § 166-83.
B. 
If classified and approved as a minor subdivision by the Planning Board, a notation to that effect will be made on the minor subdivision plat. The Chairman and Secretary of the Planning Board shall sign said minor subdivision, and said approval shall be deemed to be final approval. Said minor subdivision, after approval, shall be returned to the subdivider within one week following the signing of said plat by the Chairman and Secretary.
C. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.
D. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
E. 
If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Planning Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.
F. 
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed set forth in Subsection C above if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Amended 12-11-1997 by Ord. No. 34-97]
A. 
Any application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with § 166-58 of this article and shall contain all information as required in § 166-84 or 166-86, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Subdivision Committee shall report to the Planning Board on all subdivision applications, and the Site Plan Committee shall report to the Board on site plan applications.
B. 
If the Committee processing an application finds that said application is in substantial compliance with the provisions of this chapter, it shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be not in compliance, the Committee shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.
C. 
The time allowed for the installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of passage of the resolution.
D. 
Rights conferred by preliminary approval.
(1) 
Preliminary approval shall, except as provided in Subsection D(2) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 166-92, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(2) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
E. 
Whenever the Board grants an extension of preliminary major site plan or preliminary major subdivision approval as indicated above and the preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 12-11-1997 by Ord. No. 34-97]