[Amended 9-19-1983 by Ord. No. 21-83; 5-18-1992 by Ord. No. 7-92; 7-19-1999 by Ord. No. 19-99; 11-20-2006 by Ord. No. 22-06]
A site plan shall be approved by the Planning Board for all developments other than individual single- or two-family structures, construction of a parking area for less than four vehicles or for construction on Township property or for which a waiver of site plan has been granted in accordance with § 159-5 (Waiver of requirements). Notwithstanding anything contained herein to the contrary, installation of signs shall be exempt from site plan approval requirements, provided that the following conditions are met:
B.
The proposed signs are not to be erected or installed
in conjunction with other improvements requiring site plan approval.
[Amended 5-16-1994 by Ord. No. 7-94; 9-19-1999 by Ord. No. 19-99; 11-20-2006 by Ord. No.
22-06]
The Zoning Officer may waive the requirements
of this chapter, or at his discretion, may refer the waiver request
to the Planning Board, either of which may waive the requirements
of this chapter upon submission of an Affidavit in Support of Request
for Waiver of Site Plan,[1] if the proposed development:
A.
Involves normal maintenance or replacement in kind
such as a new roof, new siding or similar activity; or
B.
Does not significantly affect existing circulation,
drainage, building, arrangements, landscaping, buffering, lighting
or other considerations of site plan approval.
C.
The proposed use/change will involve:
(5)
No signs (or sign to be approved by Construction Code
Official).
(6)
No impact on neighboring properties or residences.
(7)
No nuisance elements, including but not limited to
smoke, liquid wastes, radiation, noise audible beyond the building
setback lines, vibrations detectable beyond the building wall, glare
detectable beyond the building wall and heat detectable beyond the
building wall.
A.
Membership.
(1)
There shall be established a Site Plan Review Advisory
Board consisting of the following Township officials or their designated
representatives: The Township Engineer, Planning Board Chairman, Health
Officer, Zoning Officer, Construction Official, Environmental Commission
Chairman and Shade Tree Committee Chairman.
(2)
The Chairman of the Planning Board may request, on
a temporary basis or for a specific application, other municipal officials,
representatives of other governmental agencies or citizens of the
Township to sit on the Site Plan Review Advisory Board. The Chairman
of the Planning Board may appoint on a temporary basis or for a specific
application any member of the Planning Board to sit on said Board.
B.
Function. The Site Plan Advisory Board shall:
(1)
Review all applications to determine their compliance
with applicable development regulations.
(2)
Review and recommend classification of site plans
for subsequent action by the Planning Board.
(3)
Meet with applicants to discuss the technical aspects
of the proposed site plan, including but not limited to parking and
circulation, lighting, signs, landscaping, drainage, building location
and design.
(4)
Recommend to the Planning Board appropriate action
on any specific site plan application.
In the event that during the period of approval
heretofore or hereafter granted to an application for site plan approval,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this chapter shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
A.
In the event that a developer submits an application
for site plan approval proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Planning Board shall process
such application in accordance with this chapter, and if such application
complies with all Township regulations, the Planning Board shall approve
such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for site plan approval requires an approval by a governmental agency
other than the Planning Board, the Planning Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Planning Board shall make a decision
on any application for site plan approval within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant unless the Planning Board is prevented
or relieved from so acting by the operation of law.
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a site plan, the Planning Board may further require that
such streets, ways, basins or areas be shown on the plan in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plan for a period of one year after the approval of the
final plan or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Township
shall have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plan and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this chapter shall not
apply to the streets and roads, flood control basins or public drainageways
necessitated by the land development and required for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instances, unless a lesser amount has
previously been mutually agreed upon, just compensation shall be deemed
to be the fair market value of an option to purchase the land reserved
for the period of reservation, provided that determination of such
fair market value shall include but not be limited to consideration
of the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation. The procedure for the payment of all compensation
payable under this chapter shall be provided for in other ordinances.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
