22-3 ADMINISTRATION AND ENFORCEMENT.
22-3.1 Application of Requirements.

a. Except as provided herein, no building or excavation permit shall be issued for a building, structure or use or any enlargement, expansion or change of use, unless a site plan is first submitted and approved by the approving authority.

b. No certificate of occupancy shall be given unless all construction and conditions conform to the site plan as approved, unless conditionally approved by the approving authority as provided herein. (Ord. #595; 1976 Code §145-5)

22-3.2 Site Plan Approval Required, Exceptions.

a. Site plan review shall not 'be required for single family detached dwellings or for such accessory uses as private garages, tool houses, gardens and private greenhouses, swimming pools and other similar uses incidental to single detached dwellings or for similar improvements as accessory uses to a principal use.

The exceptions listed herein shall not be applicable to planned development groups.

b. Site plan approval shall not be required where:

1. Minor repairs to the interior of a building do not involve structural change or enlargement of the building as determined by the Construction Official.

2. Renovations or alterations to the interior design of a building or structure do not involve any enlargement of the building or major structural change as determined by the Construction Official.

c. However, the Construction Official, at his discretion, may refer any application for a building permit to the approving authority for site plan approval, paragraphs b., 1. and 2. notwithstanding, where in the Construction Official's judgment the construction, reconstruction, alteration or change of use will affect circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading or the lack of any or all of these factors, environmental factors and other considerations as specified in this Chapter.

d. Except as provided in paragraphs b., 1. and 2. herein, all construction, reconstruction, alteration or enlargement of a building, structure or use or a change of use or occupancy on or in a nonconforming structure, use or lot shall require site plan approval.

e. Small Additions to Existing Uses. In cases where an applicant proposes to expand or otherwise enlarge on existing use, structure or building, the standards established by this Chapter shall be applicable only to the new addition, provided that same constitutes a small addition. Under the terms of this Chapter, a small addition shall not exceed fifteen (15%) percent of to the regular meeting date of the approving authority. Required fees, as provided in Section 22-3, shall be submitted with the application form. Each application shall be accompanied by a completed Historic Sites Committee Data Sheet. The Data sheet shall be in a form approved by the Township Council and shall include at least the following information: a list of all historic sites structures or features of the premises, all prominent present or past owners, a list of all historic features, sites or structures within two hundred (200') feet of the boundaries of the premises. (Ord. #595; 1976 Code §145-13; Ord. #921)



**Webmasters Note: The previous definition for Public Drainageway through 22-3.2 is current as per Supplement No. 9

22-3.3 Administration.

a. Planning Board as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Planning Board shall act as the approving authority for site plan approval, either individually or as a part of a simultaneous application, as follows:



1. For preliminary and final site plans.

2. For site plans which also require minor and major subdivision approval.

3. For site plans which also require conditional use approval.

4. For site plans which also require planned development approval.

5. For site plans in which a variance request, in accordance with N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements is sought, provided that relief from lot area requirements shall not be granted for more than one (1) lot.

b. Board of Adjustment as Approving Authority. In accordance with Chapter 291 of the Laws of 1975, the Board of Adjustment shall act as the approving authority for site plan approval as follows:

1. Where a use variance, pursuant to N.J.S.A. 40:55D-70d, is requested in which a site plan is a part of the application.

c. Planning Board and Board of Adjustment Acting as Approving Authority. In the case of a variance request, pursuant to N.J.S.A. 40:55D-60, from lot area, lot dimension, setback and yard requirements where the relief sought from lot area requirements exceeds one (1) lot, the applicant shall proceed initially with the Board of Adjustment as to the lot area variance only, and, if approved by the Board of Adjustment, the applicant shall then proceed with the balance of the variances requested before the Planning Board where a site plan is a part of the application.

d. Exception in Application of Site Plan Regulations. The approving authority, when acting upon applications for site plan approval, shall have the power to grant such exceptions from the requirements of this Chapter as may be reasonable and within the general purpose and intent of the provisions for site plan review if the literal enforcement of one (1) or more provisions of the Chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

e. Simultaneous Review and Approval. The approving authority shall have the power to review and approve one (1) or more land use ordinance requirements simultaneously with review for site plan approval without the applicant being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use, site plan approval or variance, shall apply. Whenever approval of a conditional use or a use variance is requested by the applicant, notice of the hearing on the plat shall include reference to the request for such conditional use or use variance. (Ord. #595; 1976 Code § 145-7)

22-3.4 Fees.

The following fees shall accompany the appropriate application. Said fees shall be paid in cash or certified or bank check, payable to the Township as follows:

a. Filing Fee for Preliminary and Final Site Plan.

1. Preliminary.

(a) For preliminary site plan approval of multifamily residential including garden apartments and townhouses, the fee shall be one hundred ($100.00) dollars plus seven ($7.00) dollars for each proposed dwelling unit. For final site plan approval four ($4.00) dollars per dwelling unit or a minimum fee of one hundred ($100.00) dollars whichever is greater.

(b) The fees for preliminary approval of all other type of site plan approvals, exclusive of subdivision costs shall be twelve ($12.00) dollars per one thousand (1,000) square feet of gross floor area or a minimum fee of one hundred fifty ($150.00) dollars whichever is greater. For final approval of site plan, the fee shall be seven ($7.00) dollars per one thousand (1,000) square feet of gross floor area or a minimum fee of one hundred ($100.00) dollars whichever is greater.

(c) For combined preliminary and final approval of multi-family residential including garden apartments and townhouses, one hundred twenty-five ($125.00) dollars plus ten ($10.00) dollars for each dwelling unit.

(d) Filing fees for combined filing for preliminary and final site plan review and for all other site plan approvals exclusive of subdivision costs seventeen ($17.00) dollars per one thousand (1,000) square feet of gross floor area or a minimum fee of two hundred ($200.00) dollars whichever is greater.

(e) Fees for any amended site plan applications shall be one hundred ($100.00) dollars.

b. Reserved.

c. Reserved.

d. Existing Building Occupancy or Change of Use Approval.

1. For change of tenancy or change of use without any new construction to building or parking areas: fifty ($50.00) dollars.

e. Reserved.

f. Inspection Fees: The developer shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer for Inspection of improvements. The developer shall deposit the reasonably anticipated fees to be paid to the municipal engineer for such inspection. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, -at the option of the developer, be paid In four installments. The Initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance an deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduce by the amount paid to the municipal engineer for Inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The municipal engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. The developer shall, upon notice from the Township Chief Financial Officer, submit replenishment funds within 14 days of receipt of said notice,. During this 14 day period, all required health and safety Inspections shall be performed. All costs associated with un-reimbursed required health and safety Inspections during this 14 day period shall become a lien upon the property being developed.

If, at the end of the 14 day period, the developer has not submitted replenishment funds, the Chief Financial Officer shall notify the Township Engineer of same who shall issue a Stop work Order for the Project.

**Webmaster's Note: paragraph f has been amended as per Ordinance No. 1196; April 13, 1995.

g. Fees for Specific Services. The following fees shall be applicable for the services described herein:

1. Reproduction of minutes of meetings: twenty-five ($0.25) cents per page or the reproduction costs to the Municipality, plus ten (10%) percent for electronic minutes.

2. Cost of transcripts to interested parties: at cost to Municipality.

3. Copy of decision: twenty-five ($0.25) cents per page.

4. Certified list of persons requiring notice: ten ($10.00) dollars.

h. Escrow Fees:

1. In addition to the required application fees established herein, the applicant shall be required to establish an escrow account with the Township to cover the reasonable costs of professional review and consultation. The amount of the fee shall be reasonable In regard to the scale and complexity of the development.

2. Escrow Fees shall be required for:

(a) Preliminary Site Plan Approval

(b) Final Site Plan Approval

(c) Any Site Plan Requiring Conditional Use Approval

(d) Any Site Plan Requiring Subdivision Approval

(e) Any Sit Plan Requiring Planned Development Approval

(f) Any Site Plan Requiring A Variance of Any Type

3. The Initial Escrow-Deposit for Site Plan Review shall be determined by the following table, The Initial deposit shall be the sum of (a) plus (b) where:

**Webmaster's Note: paragraph 3 has been amended as per Ordinance No. 1196; April 13, 1995.

Table 1 Engineering Initial Escrow Review Fee-Combined Preliminary/Final Site Plan 3

**Webmaster's Note: The previous table has been amended as per Ordinance No. 1196; April 13, 1995.