The general intent of this Part 4 is to foster the planning objectives of this chapter listed in Part 1. Site plan review is specifically intended to enhance the general appearance of the city, to encourage the harmonious and efficient use of the land, to protect and preserve natural resources, environmental quality and the historic character of the City and to ensure the safe and efficient movement of traffic in the city.
[Amended 11-18-2002 by Ord. No. 02-26]
A.
Site plan review and approval or waiver by resolution
of the Planning Board shall be required as a condition for the issuance
of a building permit, certificate of occupancy, or any license, permit
or approval required for the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any building or
other structure, or of any mining excavation or landfill, and any
use or change of use of any building or structure or land or extension
of land, for which permission may be required pursuant to N.J.S.A.
40:55D-1 et seq., including but not limited to change from one permitted
use to another, and/or conversions of structures to multiple dwelling
units except that:
(1)
Site plan review shall not be required for any
single-family detached dwelling or any permitted accessory use thereto,
such as a private garage;
(2)
Site plan review shall not be required for any
two-family detached dwelling (provided same is a permitted use in
the zone in question) or any permitted accessory use thereto, such
as a private garage;
(3)
Site plan review shall not be required in connection
with City property or projects;
(4)
Site plan review shall not be required in connection
with building permits for repair or upgrade work to existing structures
in connection with the existing use thereof when the Zoning Officer
renders a written determination that said work:
(5)
Site plan approval or waiver thereof by the Planning Board shall
not be required in connection with the relocation of an existing business
located in the City to another location in the same zone district
if the Zoning Officer issues a written waiver thereof based on a finding
that:
[Added 8-18-2014 by Ord.
No. 14-10]
(a)
The existing business at its present location is in material
compliance in all respects with applicable regulations or conditions
related thereto;
(b)
The business use involved is clearly and specifically permitted
in the zone, and no variance would be necessary in connection with
the proposed relocation;
(c)
The business use associated with the proposed relocation would
be solely within an existing structure and no new construction (except
interior renovations) would be involved, or the same would be de minimus;
(d)
The relocation of the business use proposed would not affect
in any material way existing circulation, drainage, building arrangement,
landscaping, buffering, lighting and other considerations of site
plan review; and
(e)
The existing facilities do not require upgraded or additional
site improvements to accommodate the proposed relocation.
B.
The Planning Board, when acting upon an application
for site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of this chapter, if the
literal enforcement of one or more of the required provisions of site
plan approval is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
C.
The Planning Board may waive site plan review, including
the requirement of prior specific notification pursuant to N.J.S.A.
40:55D-12, after review of an application for such relief at a duly
advertised public meeting of the Board, when the Board finds that:
(1)
The proposed use is clearly and specifically
permitted in the zone, and therefore no use variance, dual use variance
or ordinance interpretation is necessary;
(2)
The proposed use shall be solely within an appropriate
existing structure and no (new construction except interior renovations)
will be involved, or the same will be de minimus;
(3)
The proposed use will not affect existing circulation,
drainage, building arrangement, landscaping, buffering, lighting and
other considerations of site plan review;
(4)
The proposed use will not have an adverse effect
in relation to parking, noise, odor, trash or similar considerations;
(5)
The existing facilities do not require upgraded
or additional site improvements to accommodate the proposed use;
(6)
The application does not involve: a "planned
development" as defined in N.J.S.A. 40:55D-5 or any new street or
extension of any off-tract improvement which is to be prorated pursuant
to N.J.S.A. 40:55D-42;
(7)
The application to the Board, including all
fees and other requirements thereof, is complete in all respects and
contains all of the information the Board needs to reach an informed
decision, and there appears to be no cause to require specific public
notice of the application for the waiver, nor is such notice legally
required.
D.
In granting or waiving site plan approval, the Planning
Board may impose such conditions thereon as the Board may deem necessary
and proper. All approvals/waivers of site plan shall be subject to
the following conditions, whether or not specifically stated in the
resolution:
(1)
That the approval/waiver is subject to the approval
of any and all other agencies, whether federal, state, county or local,
that may have jurisdiction over the application, the site or the proposed
project.
(2)
That the applicant shall comply with all representations
made, either personally or through any representative, during the
course of the application and in all plans, documents, or other materials
filed or presented with the application;
(3)
That the approval/waiver is subject to the payment
of all fees assessed by the Board and all fees for the professional
review of the application being paid in full by the applicant.
E.
No certificate of occupancy, business license or other
license, permit or approval shall be issued, or remain valid, unless
all construction and site utilization/operation conforms to the site
plan approval or waiver thereof, including any stipulations, conditions
or limitations upon which said approval or waiver was subjected.
