A. Site plan review and approval shall be required before any development, change of use or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development, and, except as hereinafter provided, no building permit shall be issued for any building for use or reduction or enlargement in size or other alteration of any building or change in building type or use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board.
[Amended 11-28-2011 by Ord. No. 23-2011]
B. Exemptions.
(1) Site plan review and approval shall not be required for:
(a) Building permits for individual lot applications involving only a detached one- or two-dwelling-unit building.
(b) Accessory uses such as a private garage, unless it is part of an apartment or townhouse project.
(c) A sign for an existing use or structure which meets all applicable zoning requirements as determined by the Zoning Officer.
(d) Other buildings incidental to residential or agricultural land use, provided that the proposed use is not a roadside stand.
(e) In connection with the alteration or repair of an existing building or use which is not either a detached one- or two-dwelling building or agricultural use when the Zoning Officer determines that said alterations or repair:
[1] Will not result in additional lot coverage.
[2] Will conform to the maximum and minimum building standards set forth in the Zoning Ordinance.
[3] Will not increase the number of required off-street parking or loading spaces.
[4] Is not proposed in connection with a use requiring conditional use approval by the Planning Board.
(2) The provisions of Subsection B(1) shall not limit the requirements for submission and approval of subdivision plats as otherwise required by this chapter.
C. The reviewing board may waive site plan approval requirements whenever it determines that the proposed construction or alteration or change of occupancy or use or building type classification does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. Any applicant desiring a waiver under this provision shall present sufficient evidence to allow the board to reach such conclusions as would permit a waiver. This evidence shall consist of sketches, descriptions of property and appurtenances, methods of operations, photographs or other information or documentation as the board may require. The board shall base its decision on such evidence and may attach conditions to any waiver.
[Amended 11-28-2011 by Ord. No. 23-2011]
D. Approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the county recording officer.
E. The zoning provisions of this chapter provide for conditional uses which shall be granted by the Planning Board according to definite specifications and standards as set forth clearly by ordinance. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the applicant being required to hold further hearings. The longest time period for action by the Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
F. The Planning Board, when acting upon applications for preliminary or minor subdivisions or preliminary site plan approval, shall have the power to grant such exceptions from the requirements of Article XII, Design, Performance and Evaluation Standards, for subdivision approval or site plan approval as may be reasonable and within the general purpose and intent of the provisions for subdivision or site plan review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. Whenever, however, an exception is being sought from the requirements of § 175-99A for an environmental impact statement, a written determination from the Environmental Commission, setting forth its factual findings, conclusions and recommendations as to the granting of such an exception, shall accompany the original application to the Board.
[Amended 4-10-1989 by Ord. No. 7-1989]
G. The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval pursuant to this chapter whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to § 175-28 of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon granting of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the provisions of § 175-28A(4) shall not be required.
H. The Planning Board may authorize a deviation from the final plan if caused by a change of conditions beyond the control of the developer since the date of final approval and if the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance.
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