The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the Planning Board or the Board
of Adjustment under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
However, if the subdivider or site plan applicant or his agent can
clearly demonstrate that because of peculiar conditions pertaining
to his land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, the Planning Board
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
No person shall sell or agree to sell any land
which forms part of a subdivision as defined in this chapter until
final approval of such subdivision has been obtained pursuant to this
chapter.
A.
No building permit shall be issued for a new building
unless a site plan shall have first been approved by the Planning
Board or Board of Adjustment in accordance with the terms of this
chapter.
B.
No building permit shall be issued for an addition
to an existing building unless a site plan shall have first been approved
by the Planning Board or Board of Adjustment in accordance with the
terms of this chapter.
C.
No certificate of occupancy shall be issued for any
new building, for any addition to an existing building or for any
change in use, ownership or occupancy of a building if, under the
Zoning Ordinance,[1] a greater number of parking spaces would be required for
such new use or occupancy, unless the building and its appurtenances
conform in all respects to an approved site plan or an approved amendment
to an approved site plan.
D.
Notwithstanding the provisions of Subsections A, B and C of this section, no site plan approval shall be required prior to the issuance of a building permit for any new building or addition to an existing building or prior to the issuance of a certificate of occupancy for any building or addition if such building or addition is used or to be used solely as a single- or two-family or as an accessory thereto.
[Added 7-9-1984]
A.
Any change of use, ownership or occupancy of an existing
nonresidential structure or use shall be approved by the Planning
Board or the Construction Code Official in accordance with this section
prior to the issuance of a certificate of occupancy by the Construction
Code Official. Office space of less than 1,000 square feet that is
a part of a larger office building is exempt from the requirements
of this section although alteration permits and certificates of occupancy
may be required under the provisions of the Construction Code[1] or other ordinances. All applicants for use approval shall
answer, in its entirety, an application questionnaire prepared by
the Board and Construction Code Official.
B.
Changes in use within the categories set forth in Article 3 of the BOCA Basic/National Building Code, as adopted by the New Jersey Uniform Construction Code, shall be regulated and approved by the Construction Code Official and the Board of Health unless, in their judgment, said application should be reviewed by the Planning Board. Changes in use from one category to another must be reviewed by the Planning Board in accordance with the procedures set forth in Subsections C and D below.
C.
The applicant shall be required, by the Construction Code Official or the Board, to submit a change of use application questionnaire, required application fee and an accompanying sketch plan indicating the location and layout of all existing structures, lot configuration, parking and loading areas, lighting, drainage, landscaping and other general site factors. The sketch map will be drawn to a scale which will be indicated on the map, and said map must be of sufficient detail for review. Said scale shall be in accordance with § 126-9B.
D.
If after review of the sketch plat the Construction
Code Official or Planning Board determines that the change of use
or intensity of activity does not require additional improvements,
the Construction Code Official shall approve the application and issue
a certificate of occupancy. If the Planning Board or the Construction
Code Official determines that improvements are required, the Board
or said Construction Code Official may require submission of a partial
or complete site application for review by the Planning Board as provided
in this chapter.
E.
For those applicants whose changes in use fall within
the categories set forth in Article 3 of the BOCA Basic/National Building
Code, it shall be required that a sketch plat for said premises shall
be submitted to the Construction Code Official if none is presently
on file in the office. Said sketch plat shall, if at all possible,
be based upon a location survey performed by a licensed New Jersey
land surveyor.
For a minor subdivision, the procedure shall
be as follows:
A.
An application shall be submitted to the proper administrative
officer in writing, in duplicate, on forms supplied by the Planning
Board, furnishing pertinent data such as names and addresses of owner,
agent, engineer and identification of property involved.
B.
Plan and countour map.
(1)
The application shall be accompanied by 10 copies
of a plan of the proposed subdivision accurately drawn to a scale
of not less than one inch equals 100 feet, certified by a licensed
land surveyor. All design shall be done by a licensed professional
engineer. The plan shall be of a size acceptable to the County Clerk
for filing and shall indicate:
(a)
The location of the lots to be created in relation
to the entire tract.
(b)
All existing structures and wooded areas within
the subdivision.
[Amended 9-8-1977]
(c)
The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and lot numbers.
(e)
All streets and streams within 200 feet of the
subdivision. Both the width of paving and the width of rights-of-way
shall be shown for streets adjacent to the subdivision.
[Amended 9-8-1977]
(f)
The area in square feet of all lots to be created.
(g)
A key map showing the entire subdivision and
its relation to surrounding areas.
(h)
Easements, covenants, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes, rights-of-way and drainage
easements.
(i)
Any variance or variances required.
(j)
Acreage of the entire parcel to be subdivided.
(k)
Date, north arrow and scale.
(2)
The location of all proposed driveways on each lot
in a residential zone.
[Added 5-9-1985]
(3)
If regrading of the site, other than in the foundation
area of any proposed buildings or within 10 feet, is to be done, a
map showing existing and proposed contours at contour intervals of
two feet may also be required to be submitted before the plat is classified.
C.
As an additional requirement to all other existing
requirements for the approval of any proposed minor subdivision, the
written results of a percolation test and soil log, performed and
certified by a licensed professional engineer, shall be submitted,
demonstrating conditions satisfactory to the Board of Health of the
feasability of all proposed septic systems for each and every lot
proposed and containing a certification by the applicant that such
tests were performed at the area of the proposed lot where the proposed
septic system would eventually be located and that any such test was
performed between the dates of February 1 and May 1 within 12 months
of the application.
[Added 5-8-1986 by Ord. No. 8-86]
D.
The Planning Board shall require receipt of an application
10 days prior to the meeting at which action is to be taken on such
application.
E.
Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, approve or conditionally approve the subdivision without the necessity of full notice and hearing, classify the subdivision as a major subdivision or disapprove the subdivision. The Board may, in addition to any other conditions which the Board may deem necessary in order to carry out the purposes of this chapter, require as a condition for minor subdivision approval that the applicant install such improvements required by Article IV of this chapter as the Board, in accordance with law, shall deem necessary. Such improvements shall be in accordance with the standards set forth in Article V, and performance guaranties may be required in accordance with Article VII.
