§ 276-63. Application of requirements.

A. 

Subdivision review. All subdivisions, as defined under Article II, are subject to the review procedures specified herein.

B. 

Site plan review.

(1) 

No construction permit shall be issued for any new structure or parking lot designed for four or more vehicles, or for an addition to an existing structure or parking lot, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality, except that:

(a) 

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit, except for the development of two or more two-family or semidetached dwelling units on contiguous lots, and/or their accessory building(s) on a lot, shall not require site plan approval; except that the use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

(b) 

Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use shall not require site plan approval if both the Construction Official and Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use category and the new use category does not require an increase in the number of required parking spaces.

(c) 

All site plan applications for the development, conversion, expansion, or use of condominiums shall include a detailed floor plan of the entire structure on one twenty-four-inch by thirty-six-inch Mylar transparency for tax mapping purposes.

(d) 

A lawfully existing commercial establishment may apply for a maximum 600-square-foot exterior storage area in the rear yard that conforms with all requirements of the zone.

(2) 

An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to bypass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.

(3) 

Exemption:

(a) 

Any proposed addition or alteration to a principal building housing an existing, nonresidential conforming use which will be 600 square feet or less in area will not intrude upon a front yard (as "front yard" is defined in § 276-7), and which, upon completion, will not result in more than 25% additional building coverage shall not require site plan approval, provided that the proposed addition or alteration to the principal building:

[1] 

Is being constructed so as to add to the principal building handicap accessibility features that are established by the Americans With Disabilities Act or the administrative regulations established thereunder; or

[2] 

Does not result in any change whatsoever to the existing side yard setbacks and rear yard setback; however, in the event that an existing side yard setback or rear yard setback is less than four feet, then a minimum four-foot side yard setback and/or minimum four-foot rear yard setback, as the case may be, shall be maintained to the proposed addition or alteration; and

[3] 

The proposed principal building addition or alteration, in the opinion of the Zoning Officer, will not create a nuisance, by reason of increased noise or otherwise, to adjacent land uses; and

[4] 

Construction of the proposed principal building addition or alteration will not result in an increase in the number of parking spaces required by ordinance for the property.

(b) 

No more than one site plan exemption per property shall be granted by the Zoning Official pursuant to this Subsection B(3), and, whenever a site plan exemption is granted by the Zoning Official pursuant to this Subsection B(3), a record of that exemption shall be maintained by the Zoning Official, and copies thereof shall be provided to the Construction Official and Tax Assessor.

C. 

Variance relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least three weeks prior to the meeting. The filing shall include copies of any maps and related material; completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with § 276-67 of this chapter. The Board shall act upon the application as stipulated by law.

Editor's Note: Said checklist is included at the end of this chapter.

D. 

Informal review by the Planning Board.

(1) 

At the request of a developer, the Planning Board shall grant one informal review of a concept plan for a major subdivision/major site plan for which the developer intends to prepare and submit an application for development.

(2) 

The developer shall be required to submit a fee for such an informal review in accordance with § 276-67 of this chapter; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).

(3) 

The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

(4) 

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the administrative officer at least three weeks prior to the meeting of the Planning Board. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.