A.
Site plan review and approval shall be required before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill or surfacing on lands contemplated for development or developed, 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 reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board. Site plan review and approval shall also be required for any application for an existing building (commercial or industrial use) to increase the rated occupancy load by a factor in excess of 10% beyond the occupancy load as determined at the time of initial site plan approval.
[Amended 4-2-1992 by Ord. No. 14-92]
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.
C.
Site plan waiver.
[Amended 9-15-2010 by Ord. No. 21-2010; 7-11-2012 by Ord. No. 16-2012; 6-3-2015 by Ord. No. 23-2015]
(1)
Application may be made to the Zoning Officer for site plan waiver for an existing commercial building or use which has received site plan approval where the applicant is seeking approval of a change of tenant or for installation of a fence in compliance with § 242-28 and the proposed new use is permitted in the zone.
(2)
The application shall include identification of the parcel, the applicant and a detail of the nature of the proposed use and set forth whether any exterior changes are proposed for the proposed use. In the case of installation of a fence, the applicant shall provide a copy of an application for building permit with an illustration showing the location, height and detail of the proposed fencing in compliance with § 242-28. The Zoning Officer shall review the application to determine whether:
(a)
The proposed use is in compliance with the Zoning Ordinance.
(b)
The parcel received site plan approval.
(c)
The improvements on the parcel are in compliance with the terms of the site plan approval.
(d)
The applicant proposes exterior changes to the building or site except for installation of a fence on a property zoned for commercial use.
(e)
The proposed use would affect circulation of traffic.
(f)
The proposed use would satisfy the parking requirements applicable for the zone.
(g)
The proposed use would affect existing circulation, drainage, relationship of building to each other, landscaping, buffering, lighting and other considerations of site plan review.
(3)
If the Zoning Officer determines that sufficient documentation has been provided by the applicant to establish that the site and proposed use would comply with the above-listed paragraphs, then the Zoning Officer may waive site plan approval.
(4)
If the Zoning Officer determines that the application may not meet the terms for site plan waiver as herein set forth, then the applicant shall be referred to the applicable land use board for review of site plan waiver, amended site plan approval or site plan approval. The reviewing board may waive site plan approval requirements if construction or alteration or change of occupancy or use does not affect the existing circulation, drainage, relations of buildings to each other, landscaping, buffering, or any other consideration of site plan review.