Any applicant proposing development within the municipality requiring site plan approval as defined herein shall submit to the Secretary of the Planning Board, at least 14 days prior to a regular meeting of the Board, 15 copies of a sketch site plan prepared in accordance with § 160-71, together with three copies of the site plan application form for classification purposes. The Secretary, at the time of filing the sketch site plan, shall immediately mark it "filed," put a date on each copy and issue an application number. Once an application has been assigned a number, such number shall appear on all documents, maps and plats submitted for proceeding in conjunction with the proposed site plan.

The Secretary shall forward one copy of the application and sketch site plan to the County Planning Board, the Municipal Clerk, the Municipal Engineer and the Board's Planning Consultant. The Municipal Engineer and the Planning Consultant shall examine the submitted site plan to determine the plan's conformance to the requirements of this chapter and may file a written report of their findings and recommendations with the Secretary of the Board. No final action by the Planning Board shall be taken on a site plan application until a written review has been received from the County Planning Board or expiration of the thirty-day review period, in which case the application shall be deemed to have been approved by the County Planning Board unless extended for an additional thirty-day period by mutual agreement of the Board, County Planning Board and applicant.

The approving authority shall review the submission for its completeness and the action on accepting or rejecting the submission as a complete application no later than its first regular meeting following the two-week review period. If incomplete, the material shall be returned to the developer for a resubmission at least two weeks prior to a subsequent meeting.

If classified and approved as a minor site plan by majority vote of members of the approving authority present at the hearing, a notation to that effect and the signatures of the Chairman and Secretary will be made on the plan. The Board or Site Plan Committee may condition such approvals on terms ensuring provision of improvements pursuant to Sections 29, 29.1 and 41 of the Act[1] and/or favorable review of the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Two copies of the signed and approved site plan shall be forwarded to the applicant within 10 days of approval of said application.

The Board Secretary shall forward one of the approved site plan to the following:

The zoning requirements and terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. If the site plan is classified as a major site plan, a notation to that effect shall be made on the site plan, which shall be returned to the developer for compliance with the procedures in § 160-52 of this chapter within 90 days of the date of classification.

Fifteen copies of a site plan for preliminary approval prepared in accordance with § 160-73, together with three copies of the completed application forms, shall be submitted to Secretary of the appropriate approving authority at least 21 days prior to the regularly scheduled meeting at which consideration is desired. The Secretary shall forward a copy of the site plan for preliminary approval to the County Planning Board, if appropriate, Municipal Clerk, Municipal Engineer, Planning Consultant, Building Inspector, Fire Chief, Police Chief and Superintendent of Public Works for review and comment, if deemed appropriate; however, the Municipal Engineer and Planning Consultant shall examine the site plan to determine its conformance with requirements of this chapter and shall file written report of their findings with the Secretary of the Board.

The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application no later than its first regular meeting following the two-week period. If incomplete, the material shall be returned to the developer for a resubmission at least 21 days prior to a subsequent meeting.

Before any action is taken on any preliminary site plan containing more than 10 acres, the approving authority shall conduct a hearing with appropriate public notice as established in this chapter. Action may be taken on a preliminary site plan for 10 acres of land or less without a public hearing unless, in the opinion of a majority of a quorum of the approving authority, the proposed use, proposed intensity of development, location of the tract, traffic conditions or environmental concerns for a property of 10 acres or less is of sufficient concern that the approving authority desires to receive the public's comments. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this chapter.

If the approving authority requires any substantial amendment in the layout of improvements as proposed by the developer and that plan had 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 approving authority shall take action after considering the results of the public hearing, if any, and the recommendations made by the municipal, state and county official or agency within the time period prescribed in § 160-14, or the application for preliminary approval shall be deemed approved.

If the approving authority acts disfavorably on the application for preliminary site plan approval, the applicant shall be so advised in conformance with § 160-36 of this chapter.

If the approving authority acts favorably on a site plan for preliminary approval, the Chairman and Secretary shall affix their signatures to the site plan with a notation that it has received preliminary site plan approval, and a copy shall be returned to the applicant with instructions to proceed with final site plan procedures as prescribed in this chapter.

Before consideration of a final site plan, the applicant shall have installed the improvements required under Articles XIV and XV or shall have posted adequate performance guaranties to assure the installation of required improvements in conformance with Article XI.

The applicant shall submit to the Secretary of the appropriate approving authority for final site plan approval, 21 days prior to its regular meeting, 15 copies of a final site plan prepared in conformance with § 160-74, together with three copies of the prescribed application forms. The Secretary shall immediately forward a copy thereof to the Municipal Engineer, the Planning Consultant, the Municipal Clerk and the County Planning Board.

The Planning Consultant and Municipal Engineer shall examine the submitted final site plan to determine the plat's conformance to the requirements of this chapter and file a written report of their findings and recommendations with the Secretary of the Board.

The Board shall notify the applicant within 30 days of submission of the application for final site plan approval if the application and/or plat is found to be incomplete and the specific deficiencies in said application and/or plat shall be deemed to be properly submitted and complete.

The final site plan shall be accompanied by a written statement from the Municipal Engineer that he is in receipt of a map or maps showing all utilities in exact location and elevation identifying all portions already installed and that the applicant has complied with one or both of the following: installed all improvements in conformance with all requirements of the chapter or a performance guaranty has been posted with the Municipal Clerk in sufficient size and form and in conformance with Article XI to insure the completion of all required improvements.

The Board shall either approve or disapprove the application for final approval, after considering the recommendations made by municipal, state or county officials or agencies, within the time period prescribed in § 160-14, or the application for final approval shall be deemed approved.

If the final plat is approved by the Planning Board, a notation to that effect shall be made on each plat and shall be signed by the Chairman and the Secretary.

Upon final approval, copies of the final plat shall be filed by the Planning Board Secretary with the following:

One new single-family use.

Additions, alterations or modifications to one existing single-family residential use.

One new two-family use.

Additions, alterations or modifications to one existing two-family residential use.

Site plan review shall not be required for accessory uses to single-family or two-family dwellings, sch as a private garage, tool-house, garden and private green houses, swimming pools or other similar uses or other similar improvements as accessory uses to a principal use. The exceptions listed herein shall not be applicable to planned development groups.

Site plan approval shall also not be required where:

Site plan review shall be required for all other uses, including use of a vacant parcel, except that the Borough of Carteret, its assignees, agencies and instrumentalities shall not be required to obtain any type of site plan review or approval.

The Construction Official, at his discretion, may refer any application for a building permit to the approving authority for site plan approval, Subsection F(1) and (2) of this section notwithstanding, where, in the Official's judgment the construction, reconstruction, alterations or change of use or occupancy will affect intensity-of-use, circulation, water supply, sewage disposal, garbage compactors, 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.

Except as provided in Subsection F(1) and (2) of this section, 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.