Former Chapter 28, Miscellaneous Fees was relocated and renumbered as Chapter 33 by Ordinance No. 2011-27.
A.
Fee Schedule. Every application for development shall be accompanied
by a check payable to the municipality in accordance with the following
schedule:
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Subdivisions
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|---|---|---|
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Application Type
|
Application Fee
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Escrow Fee
|
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Minor Subdivision
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$250.00
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$500.00
|
|
Preliminary Major Subdivision
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$500.00
|
$1,000.00
|
|
Final Major Subdivision
|
$200.00
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$75.00 per lot
|
|
Boundary Line Adjustment.
|
$200.00
|
$200.00
|
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Site Plans
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|---|---|---|
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Application Type
|
Application Fee
|
Escrow Fee
|
|
Minor Site Plan
|
$400.00
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$600.00
|
|
Minor Site Plan for Signs
|
$25.00
|
$100.00
|
|
Preliminary Site Plan
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$500.00
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See § 2800 A1
|
|
Final Plan
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$250.00
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See § 2800 A1
|
1.
Fees to Site Plan Review Escrow. The engineering fees for site plan
review escrow shall be based on the costs of improvements exclusive
of buildings, including, but not limited to construction and installation
costs of grading, pavement, surveyors, monuments, drainage structures,
storm sewers, sanitary sewers, water mains, fire protection features,
streets, gutters, sidewalks, culverts, street lighting, shade trees
and landscaping, parking areas, street signs, sedimentation and erosion
control devices, public improvements of open space and any other on-tract
improvements. Said fees are as follows:
a.
Application Review Fees:
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(1)
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$0 to $3,000.00
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25.0% of the total cost
|
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(2)
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$3,001.00 to $5,000.00
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$750.00 plus 18.0% of the amount over $3,001.00
|
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(3)
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$5,001.00 to $15,000.00
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$1,110.00 plus 8.5% of the amount over $5,001.00
|
|
(4)
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$15,001.00 to $50,000.00
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$2,810.00 plus 6.5% of the amount over $15,001.00
|
|
(5)
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$50,001.00 to $100,000.00
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$4,435.00 plus 4.5% of the amount over $50,001.00
|
|
(6)
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$100,001.00 to $250,000.00
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$6,685.00 plus 3.0% of the amount over $100,001.00
|
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(7)
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$250,001.00 to $500,000.00
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$11,185.00 plus 2.0% of the amount over $250,001.00
|
|
(8)
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$500,001.00 to $750,000.00
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$16,185.00 plus 2.0% of the amount over $500,001.00
|
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(9)
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$750,001.00 to $1,000,000.00
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$21,185.00 plus 2.0% of the amount over $750,001.00
|
|
(10)
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$1,000,001.00 and over
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$26,185.00 plus 2.0% of the amount over $1,000,001.00
|
c.
The fees provided for in this section shall be preliminary fees and
shall not include any additional escrow fees which are required to
be paid from time to time as hereinafter provided. The planning board
or board of adjustment shall not act or consider any plan until such
time as the initial fees are paid in full and no application shall
be considered complete until such time as the fees provided for in
this section are deposited with the Borough of Flemington.
2.
Additional Fees. There shall be an additional fee due and owing whenever
the original fee paid into escrow is reduced by charges against the
account to 35 percent or less of the original fee. The secretary of
the planning board or of the board of adjustment shall in writing
require the applicant to provide an additional 65 percent of the original
fee which additional fee shall be payable within seven days and prior
to the planning board or board of adjustment considering in any way
or hold hearing on, or public or private discussion of, any site plan,
subdivision or other matter before the planning board or board of
adjustment. The planning board or board of adjustment shall not discuss,
consider, or in any way make any recommendations for a proposed site
plan at a regular meeting or work session of the planning board or
board of adjustment when the additional fees have not been paid. Any
preliminary discussion of a site plan subdivision or any other matter
to come before the planning board or the board of adjustment shall
be at a work session of the board and no applicant shall request to
be placed on the agenda for a regular meeting unless formal application
has been made and fees paid. All informal discussion shall be at work
sessions. In the event the planning board or board of adjustment must
seek the advice of its professionals, either engineering, legal or
planning, the application shall no longer be considered informal and
the fees provided for herein must be paid prior to participation of
any professional advisors of the planning board or board of adjustment.
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Other Application and Escrow Fees
| ||
|---|---|---|
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Application Type
|
Application Fee
|
Escrow Fee
|
|
Variances
| ||
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Hardship (40:55D-70c)
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$250.00
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$500.00 with $250.00 for each additional variance.
|
|
Use (40:55D-70d)
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$250.00
|
$700.00 with $350.00 for each additional variance.
|
|
Historic District Applications
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$25.00
|
$100.00
|
|
Hear and Decide Appeals
|
$300.00
| |
|
Conditional Uses
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$200.00
| |
|
Interpretation of the Zoning Map
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$300.00
| |
|
Sign Variance
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$100.00
| |
|
Hardship or Other Variance
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$400.00
| |
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Use or Other Variance:
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Residential
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$25.00 per dwelling unit
| |
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Other Uses
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$250.00 per acre for the portion affected by the proposed use.
| |
|
Minimum
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$500.00
| |
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Maximum
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$8,000.00
| |
|
Building Permit/Conflict with Official Map
|
$400.00
| |
|
Building Permit/Lot not related to a street
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$400.00
| |
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Application to the Board of Adjustment/ Extension of Meeting
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$100.00/additional meeting
| |
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Other Actions by Board of Adjustment Appeals (40:55D-70a)
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$200.00
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None
|
|
Interpretation (40:55d-70b)
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$200.00
|
$200.00
|
|
Appeals to Borough Council
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$400.00
|
None
|
|
Issuance of Permit for a Building in Certain Locations (40:55D-34b
and 35)
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$150.00
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$200.00 minimum
|
|
Zoning Historic District -Residential
|
No Fee (included with cost of Bldg. Permit Fee)
| |
|
Certificate of Occupancy
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$25.00
| |
|
Non-Residential Certificate of Occupancy
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$50.00
| |
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Certified List of Property Owners
|
$10.00
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Not Applicable
|
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Copy of Transcripts [N.J.S.A. 2B:7-1]
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$3.00 per page for first copy plus $.50 per copy for each additional
copy
|
Not Applicable
|
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Copy of Minutes or Decisions
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$.10 per page
|
Not Applicable
|
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Copy of Meeting Tapes
|
$10.00/Tape
|
Not Applicable
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A.
No final plat shall be approved by the approving authority until
all improvements (onsite, offsite, and off-tract), for which a bond
is required in the public interest, have been installed, inspected,
and certified as approved and conforming to the requirements of this
Ordinance and any other applicable law, including the conditions of
preliminary approval by the Municipal Engineer and the approving authority,
and a maintenance guarantee has been filed and accepted by the governing
body in accordance with the requirements of this section, or their
installation shall have been provided for by a performance guarantee
accepted and approved by the governing body in accordance with the
requirements of this section. No maintenance guarantee shall be accepted
nor shall any partial facility be accepted for any item which has
further stages or work to be completed or which will need to be altered
or reworked in any manner due to the installation or connection of
any other facility.
B.
The performance guarantee cost estimate shall be based on the cost
of the installation of all improvements required for final approval
or for the issuance of a zoning permit, as the case may be. In calculating
such estimate, allowance shall be made for the cost of any prevailing
wage determined pursuant to State or Federal law if such wage would
have to be paid by the Borough or party under contract with it were
the Borough to install the improvements on default of the obligor
on the guarantee. The performance guarantee cost estimates shall take
into account improvements installed prior to application for approval
that do not meet the standards of this Ordinance or other regulations.
C.
A performance guarantee cost estimate shall be submitted to the approving
authority by the Borough Engineer as part of his report on preliminary
and final plat review. The approving authority may request the Borough
Engineer to review and update this estimate from time to time, as
required.
D.
The proposed performance guarantee required for final plat approval
shall be submitted to the Borough Engineer and Borough Attorney for
recommendations as to accuracy and form and then to the governing
body for approval and acceptance by resolution.
1.
The portion of the performance guarantee consisting of cash or certified
check shall be deposited with the Borough by payment to the Borough
Treasurer. The Borough Treasurer shall issue a receipt for such deposits
and shall retain the deposits as security for completion of all requirements,
to be returned to the developer on completion of all required work
or, in the event of default on the part of the developer, to be used
by the Borough to pay the costs of completing the requirements. If
the required improvements are not completed or corrected in accordance
with the performance guarantee and the standards of the Borough within
the stipulated time, but not longer than 2 years, the obligor and
surety for any bond shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected and,
upon authorization by the governing body, the Borough Attorney shall
take the necessary steps to obtain such cost from the obligor and
surety. The Borough may, either prior to or after receipt of the process
of the performance guarantee, complete such improvements.
2.
The total performance guarantee shall equal 120 percent of the cost
of installation to be determined by the Borough Engineer pursuant
to N.J.S.A. 40:55D-53.4 and shall include a time limit, not to exceed
2 years, for the proper and complete installation of the improvements
for which the guarantee is given. Ninety percent of this total shall
be in either cash, certified check, or surety bond, as specified above.
The remaining 10 percent shall be in cash and shall be paid in like
manner and under the same conditions as the security aforesaid. In
the event of default, the 10 percent cash fund herein mentioned shall
be first applied to the completion of the requirements and the additional
cash, certified check, or surety bond shall thereafter be resorted
to, if necessary, for the completion of the requirements. The surety
bond or document submitted and approved with the cash or certified
check may recite the foregoing provision. The Borough Engineer's
certification that the principal has satisfactorily installed or has
defaulted in meeting the required standards of construction shall
be the basis for governing body action which accepts or rejects the
improvements, withholds approval, or extends the time allowed for
installation of the improvements.
E.
The Borough Clerk shall immediately notify the approving authority
and the Borough Engineer when the performance guarantee has been approved
and accepted by the governing body.
F.
Prior to beginning construction, the developer shall arrange for
a preconstruction conference between the developer, contractor, and
Borough Engineer. All improvements and utility installations shall
be inspected during the time of their installation by the Borough
Engineer or his representative to ascertain satisfactory completion.
The Borough Engineer shall be notified by the developer 5 days in
advance of the start of construction. The cost of said inspection
shall be the responsibility of the developer. The developer shall
deposit a certified check or bank money order with the Borough Clerk
in the amount stated below for the purpose of covering all reasonable
inspection fees to be paid to the Borough Engineer for the inspection
of improvements.
1.
The deposit shall be in addition to the amount of the performance
guarantee and all application fees and shall be computed as follows:
2.
The construction inspection fee deposit is to be calculated from
the following tabulation based on the estimated cost of constructing
the improvements (calculated in the same manner as a performance guarantee
cost estimate), which estimate is to be prepared and submitted by
the applicant's engineer and approved by the Borough Engineer,
with the concurrence of the approving authority.
a.
In addition to the performance guarantee provided for above, the
developer shall deposit with the borough treasurer in cash or equivalent
an amount equal to the following amounts to defray the costs of inspection
fees which shall be based on the cost of construction estimate:
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(1)
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$0 to $3,000.00
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12.0% of the total.
|
|
(2)
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$3,001.00 to $5,000.00
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$360.00 plus 11.5% of the amount over $3,001.00
|
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(3)
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$5,001.00 to $25,000.00
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$590.00 plus 11.0% of the amount over $5,001.00.
|
|
(4)
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$25,001.00 to $50,000.00
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$2,790.00 plus 10.25% of the amount over $25,001.01.
|
|
(5)
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$50,001.00 - $100,000.00
|
$5,352.50 plus 9.5% of the amount over $50,001.00.
|
|
(6)
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$100,001.00 to $250,000.00
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$10,102.50 plus 6.0% of the amount over $100,001.00.
|
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(7)
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$250,001.00 to $500,000.00
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$19,102.50 plus 4.0% of the amount over $250,001.00.
|
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(8)
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$500,001.00 to $750,000.00
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$29,102.50 plus 3.75% of the amount over $500,001.00.
|
|
(9)
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$750,001.00 to $1,000,000.00
|
$38,477.50 plus 3.75% of the amount over $750,001.01.
|
|
(10)
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$1,000,001.00 and over
|
$47,852.50 plus 3.75% of the amount over $1,000,001.00.
|
3.
Improvement costs as estimated in this section shall include construction
and installation costs of grading, pavement, drainage structures,
storm sewers, sanitary sewers and other means of sewage disposal and
facilities, water mains, fire protection features, streets, gutters,
curbs, culverts, site lighting, shade trees, parking areas, landscaping,
street signs, erosion control and sedimentation control devices, public
improvement of open space, and other required improvements.
G.
The deposit shall be utilized to reimburse the Borough for all reasonable
inspection fees billed by the Borough Engineer for the inspection
of improvements. Prior to the utilization of any of such deposit for
the reimbursement of such fees, the developer shall be notified in
writing by the Borough Engineer. If the developer objects to the amount
of such fees as unreasonable, he shall notify the Engineer in writing
of such objection within 10 days of the giving of such notice, otherwise
he shall be deemed to have waived any right to object to the amount
of such fees. In the event the developer objects, his objections shall
be heard by the governing body who shall thereafter decide the amount
of the fee and authorize payment to the Borough Engineer. Any of the
deposit not required for the reimbursement of the inspection fees
shall be returned to the developer. The developer shall reimburse
the Borough, however, for the amount of such reasonable inspection
fees over and above the amount of the deposit.
H.
Electrical, gas, telephone, and all other utility installations installed
by utility companies shall also be subject to the inspection requirements
contained herein.
I.
A certificate of occupancy shall be issued only when the installation
of curbs, utilities, functioning water supply, and sewage treatment
facilities, necessary storm drainage to insure proper drainage of
the lot and surrounding land, rough grading of lots, soil stabilization,
and base course for the street and driveway are installed to serve
the lot and structure for which the certificate is requested. It is
permissible that streets not receive surface course paving until all
heavy construction is completed. Shade trees shall not be planted
until grading and earth moving is completed. Seeding of grass areas
shall be in the final operation.
J.
Inspection by the Borough Engineer of the installation of improvements
and utilities shall not subject the municipality to liability for
claims, suits, or liability of any kind that may arise because of
defects or negligence, it being recognized that the responsibility
to provide proper utilities and improvements and to maintain safe
conditions at all times on all parts of the tract, whether construction
is waiting to start, is in progress, or is completed, is the responsibility
of the developer, not the Borough Engineer.
K.
After completing the construction of the improvements covered by
the performance guarantee, the developer shall prepare 2 sets of plans
of the improvements and utility plans and the profiles amended to
read "as constructed," which shall be submitted to the governing body.
Upon substantial completion of all required utility improvements,
and the connection of the same to any public system, the obligor may
notify the governing body in writing by certified mail, addressed
in care of the Borough Clerk, of the completion of said improvements
and shall send a copy of such notification to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all of the improvements
of which such notice has been given and shall, within 30 days of completing
the inspection, report in writing to the governing body indicating
either approval, partial approval, or rejection of such improvements
with a statement of reasons for any rejection. The cost of the improvements,
as approved or rejected, shall be set forth.
L.
The governing body shall either approve, partially approve, or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing by certified mail of the content
of said report and the action of said approving authority with relation
thereto not later than 65 days after receipt of the required notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved
(provided that 30 percent of the amount of the performance guarantee
posted may be retained to insure completion of all improvements).
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guarantee for such
improvements.
M.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
N.
The approval of any plat under this Ordinance by the approving authority
shall in no way be construed as acceptance of any street, drainage
system, or other improvement required by this Ordinance, nor shall
such plat approval obligate the Borough in any way to maintain or
exercise jurisdiction over such street, drainage system, or other
improvement. Acceptance of any street, drainage system, or other improvement
shall be implemented only by specific and appropriate action by the
governing body.
O.
The time allowed for installation of the improvements for which the
performance guarantee 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 guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120 percent of the
cost of installation as determined by the Borough Engineer pursuant
to N.J.S.A. 40:55D-53.4, as of the time of the passage of the resolution.
P.
Maintenance Guarantee.
No improvement shall be accepted by the governing body unless
and until all of the following conditions have been met.
1.
The Borough Engineer shall have certified in writing that all the
improvements are complete and that they comply fully with the requirements
of this Ordinance and of other applicable law.
2.
Except where waived as hereinafter provided, a maintenance guarantee
shall have been posted with the governing body for a period of 2 years
after final acceptance of the improvements in an amount equal to 15
percent of the cost of improvement as determined by the Borough Engineer
pursuant to N.J.S.A. 40:55D-53.4. The requirement for a maintenance
guarantee may be waived by the approving authority as to particular,
or all, improvements where the Borough Engineer has certified that
such improvements have been in continuous use and satisfactorily maintained
for some period of time, not less than one year from the date that
the Borough Engineer certified the completion of such improvements
to the approving authority, such use and maintenance giving reasonable
assurance that the maintenance guarantee can be waived.
Q.
Proviso.
Notwithstanding the foregoing, in the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Borough for such utilities or improvements.
All ordinances or part of ordinances which are consistent with
the provisions of this Ordinance are hereby repealed to the extent
of such inconsistency. Upon the adoption of this Ordinance, the following
are hereby repealed:
A.
The Ordinance creating a Planning Board in the Borough of Flemington.
B.
The Ordinance known as the Land Subdivision Ordinance of the Borough
of Flemington and all amendments and supplements thereto.
C.
The Ordinance known as the Zoning Ordinance of the Borough of Flemington
and all amendments and supplements thereto.
D.
The Development Regulations Ordinance of the Borough of Flemington,
and all amendments and supplements thereto.
A.
The provisions of this Ordinance shall be held to be minimum requirements.
If there are any inconsistencies within this Ordinance, or if this
Ordinance conflicts with any other ordinance, statute, rule or regulation,
whichever provisions are more restrictive or impose higher standards
shall control.
B.
Zoning district boundary lines are intended to follow street center
lines, streams, and lot or property lines unless otherwise indicated
by dimensions on the Zoning Map. Any dimensions shown shall be in
feet, measured horizontally and measured from the street right-of-way
line even if the centerline of that street serves as a zoning district
line. The location of any disputed zoning district line shall be determined
by the Board of Adjustment. Zoning district lines extend vertically
in both directions from ground level.
C.
Where a zoning district line divides a lot, the zoning district line
may be modified by the owner by moving the zoning district line up
to the property line, provided the property line is within 50 feet
of the zoning district line as shown on the Zoning Map. A use or structure
permitted in the zoning district so extended shall thereafter be a
permitted use or structure in the extended area. A zoning district
line shall be altered only once by utilizing this section of the Ordinance
after which the use shall be governed by the district in which it
is located after the adjustment.
A.
No site improvements such as, but not limited to, excavation or construction
of public or private improvements shall be commenced, except in conformance
with this Ordinance in accordance with development approvals and the
issuance of required permits.
B.
Prior to any change in the use of any land or building where the
changed use is affected by the requirements of this Ordinance, the
developer or his authorized agent shall apply for a zoning permit,
except that no separate zoning permit shall be required in any case
in which the change in use will require a building permit. The application
for a zoning or building permit shall be on forms to be provided by
the Borough and shall contain such information, sketches, plans, and
data as may be required to determine compliance with this Ordinance.
The Zoning Officer shall issue a zoning permit, or endorse the building
permit, if he determines that the proposed use conforms with the requirements
of this Ordinance and any necessary subdivision, site plan or conditional
use approval has been granted. No building permit shall be issued
under the Borough Building Code unless and until the Building Inspector
has determined that the proposed use and building conform fully to
the provisions of this Ordinance and until any necessary subdivision,
site plan, or conditional use approval has been granted. The applicant
shall supply such sketches, maps, plans, deed description, or such
other information as may be necessary to determine conformity with
the requirements of this Ordinance.
C.
The Zoning Officer shall maintain a file of all permits granted,
together with all applications, and shall make copies of the permits
available to the agencies and officials designated by the Borough
Council.
D.
It shall be unlawful to use or permit the use of any building or
part thereof hereafter created, erected, changed, converted, altered,
or enlarged, wholly or in part, until a Certificate of Occupancy shall
have been issued by the Construction Official and no such certificate
shall be issued unless the land, building, and use thereof comply
with this Ordinance, all matters incorporated on the approved subdivision
or site plan have been completed and certified by the Borough Engineer,
and the construction and applicable Board of Health Codes are complied
with.
E.
Certificate of Occupancy.
1.
With respect to any finally approved subdivision and/or site plan
or subsection thereof, a Certificate of Occupancy for each use within
the subdivision and/or site plan shall be issued only upon payment
of all fees, the posting and continued effectiveness of any required
performance and maintenance guarantees, upon compliance with all other
applicable statutes, codes, ordinances and regulations, and upon completion
of the following improvements for the lot in question and for that
portion of the tract serving the use such as providing access to it,
providing stormwater facilities to control stormwater flows to, through,
and beyond the site in question, or similar services where the following
improvements have been required as part of the subdivision and/or
site plan approval:
a.
Curbs.
b.
All utilities.
c.
Water supply and sewerage treatment facilities, which shall be functioning
and servicing each use for which a certificate of occupancy is being
requested.
d.
Storm drainage facilities.
e.
Rough drainage facilities.
f.
Base course of the street(s) serving the property.
g.
Base course of driveways and parking areas.
2.
With respect to any individual residential lot within a subdivision,
a Certificate of Occupancy shall be issued only upon the completion
of the following improvements, in addition to those listed in Subsection
E1 above, to the extent the same are required as part of a subdivision
approval:
If any section, paragraph, clause, or other provision "or application"
of this Ordinance shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, clause, or
provision so adjudged and the remainder of this Ordinance shall be
deemed valid and effective.
A.
In case any building or structure is erected, constructed, altered,
repaired, converted, or maintained; or any building structure or land
is used, in violation of this Ordinance; or any regulation made under
authority conferred hereby or any approval granted hereunder or the
conditions of such approval, the violator shall be subject to a fine
not to exceed $1,000.00 or 90 days in jail for each violation. Each
day in which the offense occurs shall constitute a separate violation.
Further, the proper local authorities of the Borough or any interested
party, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use
to restrain, correct, or abate such violation, to prevent the occupancy
of said building, structure or land to prevent any illegal act, conduct,
business or use in or about such premises.
B.
If, before any final subdivision approval has been granted, any person
transfers or sells or agrees to transfer any land which forms a part
of a subdivision for which municipal approval is required by this
Ordinance, such persons shall be subject to a penalty not to exceed
$1,000.00 and each lot disposition so made may be deemed a separate
violation.
In addition to the foregoing, the municipality may institute
and maintain a civil action:
Subdivision approval pursuant to this Ordinance is required
for subdivisions (except exempt subdivisions). The submittal of an
application for site plan approval shall not limit the requirements
for submission and approval of subdivisions as otherwise required
by this Ordinance.
No subdivision plat shall be filed and no deed describing subdivided
land requiring subdivision approval shall be recorded with the County
Recording Officer until the required minor or final major subdivision
approval has been obtained from the approving authority.
No construction permit shall be issued for any new structure,
a change of use of an existing structure or addition to an existing
structure until a site plan has been reviewed and approved by the
approving authority except for the following:
A.
Construction permits for individual lot applications involving only
a detached one- or two-dwelling unit building, except for those in
a planned residential development as to which no final site plan approval
has been granted.
B.
Accessory buildings as otherwise permitted for detached one- or two-family
dwellings.
C.
Other buildings accessory to residential principal uses.
D.
Any change of use from one permitted principal use to another permitted
principal use, if, in the opinion of the Administrative Officer, the
parking and traffic circulation provisions existing on the site shall
be adequate and sufficient for the proposed use.
E.
The alteration or repair of an existing building which is not either
a detached one- or two-dwelling unit building upon determination by
the Administrative Officer that the alterations or repair:
1.
Will not result in additional lot coverage whether by buildings or
site improvements; except that a nonresidential structure which increases
the existing building coverage by 10 percent or less shall not require
site plan approval if, in the opinion of the Administrative Officer,
such addition or alteration shall not create nuisance problems to
adjoining land uses;
2.
Will not increase the number of required off-street parking or loading
spaces;
4.
Is not proposed in conjunction with a use requiring a conditional
use permit.
Such exemption from site plan review shall not apply to any
use, building, structure, or landscape either currently listed on
the local, State or National Register of Historic Places, or proposed
for inclusion on such register or registers in the Historic Preservation
Element of the Master Plan.
