[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to the subdivision or resubdivision of
land and prior to the issuance of a building permit or certificate
of occupancy for any development, an application shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this section; except that site plans or individual lot applications
for detached one- and two-family dwelling unit buildings shall be
exempt from site plan review and approval. Site plan approval shall
be required for any new building, any new addition to any existing
building, any change in use of an existing building, any new off-street
parking area and any land disturbance involving an area of 1,000 square
feet or more, including excavation, soil removal, land filling or
site clearance. The Planning Board, upon recommendation of the Subdivision
and Site Plan Committee, may permit the submission of a combined preliminary
and final site plan when, due to unusual conditions relating to the
nature of the development, separate preliminary and final site plans,
would not be necessary to meet the purposes and criteria of this chapter.
Site plan approval is not required for any change in occupancy of
a building or interior alterations of a building, provided there is
no change in use of the structure.
An application for subdivision or site plan
approval shall be filed with the Town Clerk at least 20 calendar days
prior to a regular meeting of the Planning Board.
The application shall be accompanied by a filing fee pursuant to §
300-12 to cover the technical, investigative and administrative expenses involved in processing the application.
[Amended by Ord. No. 17-92; Ord. No. 4-93; Ord. No. 2-94; Ord. No. 5-96]
A. An application for development shall be complete for
purposes of commencing the applicable time period for action by the
Planning Board when so certified by the Board. In the event that the
Board does not certify the application to be complete within 45 days
of the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day time period unless:
(1) The application lacks information indicated on the
checklist referred to below and provided to the applicant; and
(2) The Secretary of the Board has notified the applicant,
in writing, of deficiencies in the application within 45 days of submission
of the application.
B. The applicant may request that one or more of the
submission requirements be waived, in which event the Planning Board
shall not grant or deny the request within 45 days. Nothing herein
shall be constructed as diminishing the applicant's obligation to
prove in the application process that he is entitled to approval of
the application. The Planning Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in this chapter or any revisions in the
accompanying documents, as whether the requirements have been met.
The application shall not be deemed incomplete for lack of any such
additional information or any revisions in the accompanying documents
so required by the municipal agency.
C. For the purpose of administering this section, the
checklist entitled, "Checklist for Determining Completeness of Application
for Development, Zoning and Land Use Ordinance, Town of Boonton, New
Jersey," including Addenda A through F inclusive, dated March 15,
1993, is hereby adopted and made a part of this chapter and is on
file in the office of the Town Clerk.