Montgomery City Zoning Code
§ 16-8.2
Application of Requirements.
[Ord. #85-482, S 802; Ord. #91-729, S 4; Ord. #92-759, S 7; Ord. #01-1036, S 2]
a.
Subdivision Review. All subdivisions, as defined under section 16-2, are subject to the review procedures specified herein.
b.
Site Plan Review. No construction permit shall be issued for any new structure or for an addition to an existing structure and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality except that:
1.
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building used entirely or in part for a home occupation may require minor site plan approval in accordance with Subsection 16-6.7 of this chapter (the provisions in Subsection 16-8.3 of this chapter shall not apply). In any case, the foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.
2.
Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Construction Official and Zoning Officer certify to the Board that the existing site development meets the requirements of this chapter for the new use.
3.
Barns, sheds and silos erected for agricultural purposes shall not require site plan review unless required by the Construction Official or Zoning Officer.
4.
A construction permit for the addition, extension or alteration of an accessory patio, deck or fence of a townhouse dwelling unit shall not require site plan approval if the addition, extension or alteration is approved by the applicable homeowners' association pursuant to its provisions governing accessory decks, patios and fences set forth in the by-laws or resolutions of the association which received approval by the Township either as a part of a final site plan approval or by subsequent amendment to a prior site plan approval. The foregoing shall in no way affect the responsibility of an applicant to submit to the Township the necessary information, including a letter of approval from the homeowners' association, and receive the necessary approvals as may be required pursuant to other ordinances.
c.
Variance Relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least 14 days prior to the second Monday of the month. The filing shall include 20 copies of any maps and related material; 20 completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this section. The Board shall act upon the application as stipulated by law.
d.
Informal Review by the Planning Board.
1.
At the request of a developer, the Planning Board shall grant one informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.
2.
The developer shall not be required to submit any fees for such an informal review; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).
3.
The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
4.
A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least 14 days prior to the first regularly scheduled monthly meeting of the Planning Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.