Berkeley Township City Zoning Code
ARTICLE XV
Site Plan Approval
§ 35-133.1 Approvals; Minimum Requirements.
[Ord. No. 94-29 § 118-20; Ord. No. 11-29-OAB § 1]
a.
In all zones, for all proposed uses, site development or construction other than a single-family or two-family residential use, site plan approval is required prior to:
1.
The issuance of a zoning permit.
2.
The issuance of a building permit for any new structure or any addition or alteration to an existing structure.
3.
Any change of use of land or structure to a use where any of the standards of Chapter 35, Land Development Regulations of the Township of Berkeley, are more restrictive and stringent, except for exempt site plans as defined in Subsection 35-133.3. In any event, any change of use shall require site plan approval if the applicant has not previously been granted site plan approval pursuant to any site plan ordinance now or previously in effect.
b.
The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the reviewing Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the reviewing Board may permit such exception or exceptions from the requirements of this chapter as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
§ 35-133.2 Classes of Site Plans.
[Ord. No. 94-29 § 118-20.1]
a.
It is hereby determined that there may be occasions where the amount of construction and development in a site plan would be such that it would place undue hardship upon the applicant to require compliance with the provisions of this chapter. In order to properly protect the rights of the applicant and to promote the public health, safety, convenience and general welfare in the Township of Berkeley, there are hereby created three classes of site plans.
§ 35-133.3 Exempt Site Plan.
[Ord. No. 94-29 § 118-20.2; Ord. No. 11-29-OAB § 2]
a.
An exempt site plan is hereby defined as follows:
1.
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent, and
2.
Any interior alterations which do not increase the required number of off-street parking spaces, and
3.
A change of use or structure requiring no variances or design exceptions, and
4.
A site plan that requires no construction of a new main or accessory building and no extension or enlargement of an existing main or accessory building, except as authorized in this section, or
5.
Modification to any site to improve handicap accessibility not involving additional building area, or
6.
The construction of an accessory building or shed of not more than 500 square feet in area or 15 feet in height for storage purposes only and located in compliance with all applicable requirements of this chapter.
b.
Procedure and Fee.
1.
A written application for classification as an exempt site plan shall be made to the Planning Board. The applicant shall submit 20 copies of a sketch accurately depicting what is proposed, superimposed upon a survey prepared and certified by a licensed land surveyor and certified by the applicant or his engineer or architect.
2.
The fee for an application for classification as an exempt site plan shall be $100.
3.
The Planning Board shall follow the same procedure in acting upon an application for classification as an exempt site plan as it would for any other site plan application as set forth in this chapter.
§ 35-133.4 (Reserved) [1]
[1]
Editor's Note: Former § 35-133.4, Minor Site Plan, Ord. No. 94-29, § 118-20.3, was repealed 12-16-2019 by Ord. No. 19-44-OAB.
§ 35-133.5 (Reserved) [1]
[1]
Editor's Note: Former § 35-133.5, Major Site Plan, Ord. No. 94-29, § 118-20.4, was repealed 12-16-2019 by Ord. No. 19-44-OAB.