A. 
Site plan review and approval by the Planning Board or, where applicable, by the Board of Adjustment shall be required before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development; and, except as hereinafter provided, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the Planning Board; and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board.
B. 
Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Borough ordinances.
In any case where site plan review is required under the provisions of this chapter, an applicant may apply for a waiver of the site plan requirements. The Planning Board or, where applicable, the Board of Adjustment may waiver the requirements of this chapter if the proposed development:
A. 
Secured previous site plan approval under the terms of this chapter;
B. 
Involves normal maintenance or replacement such as a new roof, painting, new siding or similar activity; or
C. 
Does not affect existing circulation, drainage, building arrangements, landscaping, buffering, lighting, and other considerations of site plan review.
In the event that, during the period of approval heretofore or hereafter granted to an application for site plan 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 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 or welfare, and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
A. 
In the event that a developer submits an application for site plan 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 Borough regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.
B. 
In the event that development proposed by an application for site plan 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 site plan 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.
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plan for a period of one year after the approval of the final plan or within such further time as may be agreed to by the developer. Unless during such period or extension thereof, the Borough shall have entered into a contract to purchase or institute condemnation proceedings, according to law, for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, "just compensation" shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
When required. Hearings shall be required as part of preliminary approval for all site plans.
B. 
Maps and documents and exhibits on file. A complete set of maps, documents and exhibits shall be on file at least 10 days prior to the date of the hearing at the office of the Planning Board.