[Amended by Ord. No. 10-26; Ord. No. 11-2]
Any applicant wishing to develop land within the Township shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his or her agent shall appear at all regular meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting if the absence of the applicant or his or her agent deprives the Planning Board of information necessary to make a decision. No development shall take place within the Township nor shall any lands be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking or loading areas or drives, accessory or otherwise, be constructed, installed or enlarged, nor shall any outside storage commence, nor shall any building permit, zoning permit, certificate of occupancy, conditional use permit or other required permit be issued with respect to 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 Subsection G of this section or § 296-45.
A.
Filing and referral. The administrative officer shall review each application for completeness in accordance with this chapter. If the application is found to be incomplete, the applicant shall be so notified within 45 days of original submission to the administrative officer and shall be advised in writing of the reasons why the application is found incomplete. If complete, the application shall be referred to the Technical Review Committee, if one has been established, the County Planning Board as appropriate, and other agencies or officials as required by law and as designated by the Planning Board. The applicant shall be notified of the hearing date so that the applicant can comply with any public notice requirements. Refer to § 296-3 for the definition of "complete application."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Conditional approvals.
(1)
In the event that a developer submits an application for approval proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application in accordance with this chapter, and, if such application complies with all Township regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
(2)
In the event that development proposed by an application for approval requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Planning Board shall make a decision on any application for approval within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.
C.
Period of approval extended. In the event that, during the period of approval heretofore or hereafter granted to an application for approval, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter shall be suspended for the period of time such legal action is pending or such directive or order is in effect.
D.
Approving authority.
(1)
Planning Board. The provisions of this chapter shall be administered by the Planning Board of the Township, except as noted in Subsection D(2).
(2)
Zoning Board of Adjustment. The provisions of this chapter shall be administered by the Zoning Board of Adjustment in applications before the Board involving a use variance provided for in N.J.S.A. 40:55D-76b of the Municipal Land Use Law.
E.
County Planning Board action. Where review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report by the County Planning Board. The absence of a report from the County Planning Board within the review period shall be considered an approval by the County Planning Board.
F.
Certificate of approval. Certificates of approval shall be issued by the administrative officer in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-56.
G.
Exceptions from site plan review.
(1)
Farm structures on farms (excluding farm stands and other sales buildings), single-family and two-family residential structures, and structures and uses incidental thereto permitted as of right under applicable zoning regulations are exempt from site plan review requirements of this chapter, unless otherwise required by Article XXVI, Floodplain Regulations.
(2)
Change of use from one principal permitted use to another principal permitted use within an existing structure which complies with all zoning requirements and performance standards for the new use, including but not limited to use, bulk, area, parking, hard surface requirements, coverage and floor area requirements, is exempt from site plan review requirements of this chapter, unless otherwise required by Article XXVI, Floodplain Regulations. This exception expressly does not apply to the construction or reconstruction which involves the enlargement of any building or other structure as defined in N.J.S.A. 40:55D-7.