A. 
No building permit shall be issued for one of the uses listed below unless a site plan shall have first been approved by the Planning Board or, in the case of a use variance, by the Board of Adjustment, in accordance with the terms of this chapter and the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq. Site plan approval shall be required for any use, regardless of the type or extent of construction proposed.
(1) 
Multifamily uses of three or more units.
(2) 
Any industrial, commercial or commercial recreation uses.
(3) 
Changes to multifamily uses of three or more units; industrial or commercial uses which affect the floor area or parking requirements.
(4) 
Conditional uses.
(5) 
Use variances.
(6) 
Churches, hospitals, private schools, colleges, clubs and places of public assembly.
B. 
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Site Plan Subcommittee of the Board appointed by the Chairman finds that the application for development can be classified as a minor site plan. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements required by this chapter 69, Site Plan Review and Subdivision of Land and N.J.S.A. 40:55D-38, 39, 41 and 53.
C. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.
D. 
The requirements and general terms and conditions, whether conditional or otherwise, required of the developer as part of a minor site plan approval shall not be changed for a period of two years after the date of minor site plan approval.
E. 
All fees for filing a preliminary site plan application shall apply to a final minor site plan application.
A. 
Procedure for preliminary site plan approval.
(1) 
At least 14 days prior to the meeting of the Board when the application is to be considered, the developer shall submit to the Board Secretary 10 copies of a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
(2) 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary site plan approval.
(3) 
Upon the submission to the Board Secretary of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(4) 
The Planning Board, when acting upon applications for preliminary 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 the provisions for site plan review and approval of an ordinance adopted pursuant to N.J.S.A. 40:55D-38, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(5) 
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 subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
B. 
Effect of preliminary site plan approval.
(1) 
Preliminary approval of a site plan shall, except as provided in Subsection B(2) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(2) 
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection B(1) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C. 
Procedure for final site plan approval.
(1) 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval are met.
(2) 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
(3) 
Whenever review or approval of the application by the County Board is required, the Municipal Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
Effect of final site plan approval.
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
(2) 
In the case of a site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or a conventional site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
In granting site plan approval in connection with a use variance, the Board of Adjustment shall follow the same procedures as the Planning Board as contained in Article II, § 69-20, except as follows, pursuant to N.J.S.A. 40:55D-70 and 40:55D-25:
A. 
No variance or other relief shall be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance, Chapter 92 of the Borough Code. An application under this section may be referred to any appropriate person or agency, including the Planning Board, pursuant to N.J.S.A. 40:55D-76, for its report, provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
B. 
Upon submission to the Board Secretary of a complete application for preliminary or final approval for a site plan, the Board of Adjustment shall grant or deny preliminary or final approval, as the case may be, within 120 days of the date of such submission or within such further time as may be consented by the developer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application.
For the following classes of site plans, the Planning Board or Board of Adjustment shall hold a public hearing prior to making a decision with notice to surrounding property owners and in the newspaper in accordance with the provisions of the Land Use Procedures Ordinance, Chapter 33 of the Code, and the Municipal Land Use Law, P.L. 1975, c. 291:
A. 
Any site plan requiring a variance.
B. 
Any site plan which includes an application for a conditional use.
C. 
Any site plan which includes an application for a subdivision.
D. 
Those site plans for which it is determined by the Site Review Advisory Committee that there will be a significant impact on the surrounding properties, the neighborhood or the Borough as a whole.