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Township of West Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
No development shall take place within the Township nor shall any land be cleared or altered nor shall any watercourse be diverted or its channel or floodplain dredged or filled nor shall any parking areas, accessory or otherwise or accessways thereto be constructed, installed or enlarged nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this Part 1, unless exempted in accordance with § 200-6.
Site plan approval shall not be required for any of the following:
A. 
Detached single-family dwellings including accessory uses permitted as of right under applicable zoning districts, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Township ordinances.
B. 
The one-time construction of a parking area for less than three vehicles.
C. 
Any structure or use for which a site plan review application was made to the Planning Board prior to the effective date of this Part 1 under municipal ordinances and regulations then in effect and superseded by this Part 1 and that is developed in accordance with an approval of such application heretofore given by the Planning Board pursuant to said prior ordinances and regulations, provided that such approval is less than two years old.
D. 
A proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.
A. 
The rules, regulations and standards set forth in this Part 1 shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. However, if the applicant can clearly demonstrate that because of peculiar conditions pertaining to the applicant's land the literal enforcement of this Part 1 is impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this Part 1.
B. 
The Planning Board may also waive the requirements of this Part 1 if the proposed development:
(1) 
Secured previous site plan approval under the terms of this Part 1.
(2) 
Involves normal maintenance or replacement such as a new roof, painting, new siding or similar activity.
C. 
The Planning Board, when acting upon an application which includes provisions for low- and moderate-income housing, may waive those portions of the design standards that do not create health and safety concerns for the Township or for the future residents of a development, based on waiver standards contained in Subsection A of this section. [1]
[Added 2-25-1985 by Ord. No. 85-01]
[1]
Editor's Note: Original Section 23-3.3, as amended 12-22-1980 by Ord. No. 80-42; 1-25-1982 by Ord. No. 82-05; 12-27-1982 by Ord. No. 82-53; 2-27-1984 by Ord. No. 84-02, Site Plan Advisory Board, which immediately followed this subsection, was repealed in its entirety by Ord. No. 93-25. See now Ch. 4, Administration of Government, § 4-66, for these provisions.