The purpose of Articles IX through XIII is to provide rules, regulations and standards to guide land subdivision and the development of land in the Borough of Palisades Park in order to promote the public health, safety, convenience and general welfare. They shall be administered to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
The provisions of Articles IX through XIII shall be administered by the Planning Board; provided, however, that, whenever pursuant to law and this chapter the Board of Adjustment shall have occasion to exercise its jurisdiction to grant site plan or subdivision approval, then the applicable provisions of this chapter shall be administered by the Board of Adjustment.
The rules, regulations and standards contained in Articles IX through XIII shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough; however, if the applicant for development can clearly demonstrate that, because of peculiar conditions pertaining to his site, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board or Board of Adjustment may permit such deviation as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by Articles IX through XIII as provided herein.
A.
Site plan approval shall not be required for single-family
and two-family detached dwellings or for such customary accessory
uses as private garages, toolhouses, gardens and private greenhouses,
swimming pools and other similar uses incidental to a single-family
or two-family detached dwelling or for similar improvements as customary
accessory uses to the principal use.
B.
Site plan approval shall not be required where:
(1)
Repairs to the interior of a building do not involve
a change of use or enlargement of the building, as determined by the
Borough Building Inspector.
(2)
Renovations or alterations to the exterior design
of a building or structure do not involve any enlargement of the building
or major structural change, as determined by the Borough Building
Inspector.
The Building Inspector, at his discretion, may refer any application for a building permit to the Planning Board for site plan approval, § 167-77B(1) and (2) notwithstanding, where in the Inspector's judgment the construction, reconstruction, alteration or change of use will affect existing circulation, drainage, landscaping, lighting or off-street parking or the lack of any or all of these factors or other considerations as specified in Articles IX through XIII.
Except as provided in § 167-77 herein, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on or in a nonconforming structure, use or lot shall require site plan approval.
In cases where an applicant proposes to expand
or otherwise enlarge an existing use, structure or building, the standards
established by this chapter shall be applicable only to the new addition,
provided that the same constitutes a small addition. Under the terms
of this chapter, a small addition shall not exceed 15% of the gross
floor area of the existing use or 2,000 square feet, whichever is
less.
At the request of a developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which a developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which a review is requested, and the Planning
Board shall not be bound by any such review.
