[Amended 9-5-2023 by Ord. No. 23-1811]
a. Every subdivision plat must be approved by the planning board (or by the board of adjustment if it has jurisdiction pursuant to section
17-53g) as a condition for the filing of the plat with the county recording officer.
b. Every use, other than those exempted below, or as qualified under Section
17-29.1, Administrative Waiver of Site Plan Review, shall receive site plan approval by the planning board (or by the board of adjustment if it has jurisdiction pursuant to section
17-53g) as a condition for the issuance of a building permit if the work to be done involves (i) a new structure, or a conditional use or use variance, or new parking area or new egress to a public right-of-way; or (ii) the alteration of a structure which would increase the total floor area or any outside dimension of the structure; or (iii) the alteration of a structure which would facilitate a change in the nature of the use resulting in different parking, drainage, and/or other design criteria as required by this chapter; or (iv) the alteration of a residential structure or its parking area or driveway in order to initiate or expand any home occupation or office or professional use of the premises. Except that planning board approval shall not be required for any work on premises which are to be used exclusively for agricultural purposes or exclusively for one-dwelling unit or two-dwelling unit residential purposes.
c. Sale of Land before Final Subdivision Approval. Any sale or transfer
of land, or agreement to sell or transfer land, prior to the subdivision
approval, shall be subject to the provisions of N.J.S.A. 40:55D-55.
d. Filing of subdivision applications (including lot line changes) shall
be received for official processing by the township no later than
20 working days prior to the date of the meeting.
[Added 9-5-2023 by Ord. No. 23-1811]
a. Consideration for administrative waiver of site plan review shall
be limited to uses and existing constructed improvements within the
following commercial districts within the Township:
1. C-1: Neighborhood Retail Commercial.
3. HBO District: Highway Business and Office.
4. O/CC: Office and Commercial Conversion.
7. IC District: Industrial/Commercial.
8. RO-1,2 and 3 Districts: Research/Office Districts.
9. SC1: Shopping Center District.
10. OLI: Office Light Industrial.
b. Consideration for administrative waiver of site plan review can be
made through application to the Zoning Officer for planned improvements
meeting the criteria contained within this section.
c. Administrative waiver of site plan review can be granted by the Zoning
Officer for minor modifications to existing development within the
eligible Zoning Districts that meet the following criteria:
1. The proposed modifications do not require any variances or alter
any existing variances previously granted by prior approvals;
2. The existing use and constructed improvements have secured previous
site plan approval for the current configuration of the existing constructed
improvements;
3. The proposed modifications involve normal repair, maintenance, or
replacement of components of the constructed improvements;
4. The proposed modifications are required as a part of improvements
to accommodate occupancy of existing buildings by new users or tenants
through fit-out or division of rental space within the structure;
5. Proposed modifications to buildings do not involve any increase to
occupied floor area;
6. Adaptions to building perimeters do not affect vehicular traffic,
circulation, or parking;
7. Adaptions to building perimeters involving modifications or addition
of doors and/or windows, including overhangs or access stairs, do
not increase floor area of the building;
8. Proposed modifications do not alter or affect existing pedestrian
circulation, except for extensions of sidewalks or pedestrian circulation
paths to new access points to buildings;
9. Proposed modifications do not affect existing site lighting. Any lighting modifications proposed shall be limited to those required by the International Building Code, IBC, New Jersey Edition currently in force and effect for egress lighting associated with new egress doors on existing buildings, and any and all lighting required shall be compliant with Section
17-90 of the Land Use and Development Ordinance;
10. Proposed modifications do not alter or affect existing drainage patterns
on the site and do not impact stormwater management facilities or
requirements.
11. For any properties considered major development, as defined in Section
17-82 of the LUDO, new impervious surfaces associated with permissible changes to pedestrian circulation shall include Green Infrastructure Stormwater Management facilities, in compliance with Section
17-82, and shall be subject to review by the Township Engineer;
d. The Township Engineer, or designee, shall review any application involving modification to the impervious coverage on the property permitted in this section and shall confirm compliance with Section
17-82 of the LUDO to the Zoning Officer as a part of the review for administrative waiver of site plan review.
e. All applications to the Zoning Officer for administrative waiver
of site Plan Review shall include the following information:
1. Application form and fee as required by Subsection
10-7.1.
2. Written description of, and grounds for, waiver request.
3. Written description of proposed operation and use.
4. Copy of previously approved site plan, if one exists, along with
the resolution for approval for said plan and a certification of current
compliance with said site plan and approval, or, if no previously
approved site plan exists, a plot plan of the property showing the
location of all existing and proposed structures, with relationship
to surrounding building(s) on adjoining properties, zoning setback,
driveway(s), and existing and proposed utilities. The site plan and/or
plot plan shall include the following items as applicable:
(a)
Existing and proposed structures, with dimensional ties to property
lines, a minimum of two ties per structure.
(b)
Existing and proposed impervious surfaces (stone, paved, etc.),
including delineation of parking stalls.
(c)
Existing and proposed landscaping.
(d)
Existing and proposed lighting.
(e)
Existing and proposed floor plans, with the area(s) subject
to change clearly defined.
(f)
Bulk zoning regulations for applicable district in schedule
form (showing required, existing and proposed conditions).
(g)
Elevations and details for proposed new construction.
(h)
Photographs showing existing conditions.
(i)
Cut sheets and/or product literature.
The planning board when acting upon applications, shall have
the power to grant such exceptions from the subdivision and site plan
requirements of this chapter as may be reasonable and within the general
purpose and intent of the provisions for subdivision/site plan review
and approval if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
The planning board when acting upon an application which includes
provisions for lower income housing, may waive those portions of the
design standards that do not create health and safety concerns for
the township or for the future residents of a development, provided
such exemption from these standards will reduce construction costs
so that the savings therefrom will be passed on to the buyers and
renters of lower income housing in the form of reduced housing costs.
Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to section
17-53d, the planning board shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment:
a. Variances pursuant to section
17-53c;
b. Direction for issuance of a permit for a building or structure in
the bed of a mapped street or public drainage way, flood control basin
or public area reserved on the official map; and
c. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit
as the case may be.
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The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the planning board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
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Whenever relief is requested pursuant to this article, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section
17-31, the planning board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the township administrator or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the township administrator as to the failure of the planning board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Minor site plan approval shall be granted or denied within 45
days of the date of submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant. Failure of the planning board to act within the period
prescribed shall constitute minor site plan approval.
The applicant shall be responsible for submitting a copy of
the plat to the county planning board for review. Every subdivision
which might affect a county road or drainage facilities and every
site plan involving land along a county road shall be approved by
the Mercer County Planning Board. The planning board may approve a
subdivision or site plan subject to receipt of a favorable report
by the county planning board, or approval by the county planning board
by its failure to report within 30 days from date of mailing by certified
mail or personal delivery of plans for such subdivision.
The planning board shall make available to the environmental
commission an informational copy of every application for development
submitted to the planning board. Failure of the planning board to
make such informational copy available to the environmental commission
shall not invalidate any hearing or proceeding.
Every corporation or partnership applying for (a) permission
to subdivide a parcel of land into six or more lots, or (b) a variance
to construct a multiple dwelling of 25 or more family units or (c)
approval of a site plan for a site to be used for commercial purposes,
shall list the names and addresses of all stockholders or individual
partners owning 10% or more of its stock in any class or 10% or more
of the interest in the partnership. If any such stockholder or individual
partner is a corporation or partnership, the names and addresses of
all stockholders or individual partners owning 10% or more of its
stock or 10% or more of the interest in the partnership shall be listed;
and this requirement shall be followed for every corporate stockholder
or partner in a partnership until the names and addresses of the noncorporate
stockholders and individual partners, exceeding the 10% ownership
criterion, have been listed. No application subject to this section
may be approved unless this section is complied with.
Any corporation or partnership which conceals the names of the
stockholders owning 10% or more of its stock, or of the individual
partners owning a 10% or greater interest in the partnership, as the
case may be, shall be subject to a fine of $1,000 to $10,000 which
shall be recovered in the name of the municipality in any court of
record in the State in a summary manner pursuant to "The Penalty Enforcement
Law" (N.J.S.A. 2A:58-1 et seq.).
Preliminary approval of a site plan or major subdivision shall
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; except that
nothing herein shall be construed to prevent the township 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 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.
d. 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 paragraphs 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 (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (2) economic conditions,
and (3) 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 (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval and (2) the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval (3) economic conditions and (4)
the comprehensiveness of the development; provided that if the design
standards have been revised, such revised standards may govern.
As a condition of final approval of a site plan or major subdivision
the planning board shall accept for the purpose of assuring the installation
and maintenance of on-tract improvements.
In the event that final approval is by stages or sections of
development pursuant to N.J.S.A. 40A:55D-38, the provisions of this
section shall be applied by stage or section.
No subdivision plat shall be accepted for filing by the county
recording officer until it has been approved by the planning board
as indicated on the instrument by the signature of the chairman or
vice chairman and secretary or assistant secretary of the planning
board or a certificate has been issued in lieu thereof as provided
by law. The signature of the chairman or vice chairman and secretary
or assistant secretary shall not be affixed until the developer has
posted the required guarantees. If the county recording officer records
any plat without such approval, such recording shall be deemed null
and void, and upon request of the township the plat shall be expunged
from the official records.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the county recording
officer. The planning board may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat.