This chapter may be cited and referred to as
the "Site Plan Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to soils, topography, vegetation, surface and
subsurface drainage, underground watercourses, floodplains, marshes
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities and inverts, utility services, easements, landscaping,
structures and signs, lighting and screening devices and fire zones;
and any other information that may be reasonably required in order
to make an informed determination as to approval of the plan by the
Planning Board pursuant to this chapter.
No development shall take place within the Township nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any 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 § 163-4.
Single-family and two-family residential structures
and structures and uses incidental thereto permitted as a right under
applicable zoning regulations are exempt from the requirements of
this chapter. However, a site plan will be required if, at the discretion
of the Building Officer, there exist soil and drainage conditions
or traffic factors which may result in environmental problems.
The rules, regulations and standards set forth
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Township. Any action taken by the Planning Board under the
terms of this chapter shall give primary consideration to such matters
and to the welfare of the entire community. However, if the applicant
can clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of this chapter is impracticable
or will exact undue hardship, the Planning Board may permit such variances
as may be reasonable, within the general purpose and intent of the
rules, regulations and standards established by this chapter.
The Planning Board may waive 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.
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins, parks or other public areas within the proposed development,
before approving a site plan, the Planning Board may further require
that such streets, drainageways, 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, drainageways,
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 Township shall have entered into a contract to purchase or instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, drainageways, 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.
B.
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 instance, 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.
