West Long Branch City Zoning Code
§ 18-13.7
Site Plan Approval Requirements.
[Ord. #513; Ord. No. O-2015-4 § 10]
a.
Required Review. Approval of site plans shall be administered according to the procedure specified herein. In any zone where the use or construction involves any use other than a an "exempt development" as defined in subsection 18-3.2, Definitions final site plan approval is required by the Board prior to:
1.
The issuance of any building permit or Zoning Permit.
2.
Commencement of any use or activity that is regulated by this Chapter (Chapter 18, Zoning), which includes:
(a)
The erection, construction, alteration, repair, remodeling, or conversion of any building or structures;
(b)
The use or occupancy of any building, structure or land;
(c)
Any activity which entails the construction of any improvements or the alteration of the natural condition of any land;
3.
The issuance of any Certificate of Occupancy.
4.
The issuance of a building permit or a Certificate of Occupancy, as the case may be, for any construction or use permitted by a use variance obtained.
b.
Conditional Use Approval. No site plan application shall be approved by the Board for a conditional use or which does not conform in all respects to the requirements of the Zoning Chapter unless the conditional use and variances required have been approved.
c.
Optional Simultaneous Review. An applicant may file simultaneous applications for preliminary and final site plan review provided that fees for both preliminary and final review are paid upon filing.
d.
Site Plan Review Subcommittee. A Site Plan Review Subcommittee is hereby established. The purpose of the Site Plan Subcommittee is to facilitate the change of a permitted non-residential use or occupancy to another permitted non-residential use or occupancy where no extensive construction or improvements are proposed and meets the requirements listed in subsection 18-13.7e,1. It is comprised of three members of the Planning Board appointed by the Planning Board Chair and the Zoning Officer. The decision by the Site Plan Subcommittee to recommend a change of use exemption to the full Planning Board requires a unanimous decision by a quorum of not less than three members of the Site Plan Review Subcommittee. The review procedure by the Subcommittee is conducted in a casual meeting with the applicant, and is not a public hearing. If an exemption request is made to the Subcommittee, the Subcommittee will determine whether to recommend the exemption to the full Planning Board or that site plan review and approval are required. If a Change of Use Application Exemption is recommended by the Subcommittee, the full Planning Board will vote on whether to grant a site plan exemption.
e.
Change of Use Exemption. Any change from a permitted non-residential use to another permitted non-residential use may be exempt from site plan approval upon completion of a Change of Use Application for Exemption of Site Plan included in Appendix 1 of Chapter 18, Zoning, and upon approval of the Zoning Officer in accordance with the six requirements listed in subsection 18-13.7 e.1 below.
If the Zoning Officer denies a requested exemption, the matter may be referred to the Site Plan Review Subcommittee for review in accordance with the six requirements listed in subsection 18-13.7e,1 below. Approval of the application requires a unanimous decision by a quorum of not less than three members of the Site Plan Review Subcommittee.
1.
An exemption of site plan for a change of use may be granted provided the development meets the six requirements listed below:
(a)
The permitted use is classified within the same Use Group as shown in the Schedule of Permitted and Conditional Uses — For Non-Residential Zones. (Subsection 18-4.13)
(b)
Does not require any new variances.
(c)
Does not affect existing drainage, circulation, relationship with buildings to each other, landscaping, buffering, lighting, and other considerations of site plan approval.
(d)
The existing facilities do not require upgraded or additional on-site improvements.
(e)
Does not increase parking requirements.
(f)
Meets the requirements of this Code for the new use.
2.
The recommendation of the Subcommittee to the Planning Board shall be in writing and shall include the date of the meeting, the names of members in attendance and the roll call vote of the Subcommittee members in attendance. The Planning Board shall vote on the recommendation that has been received from the Site Plan Review Subcommittee to grant an exemption for a change of use prior to the issuance of a Zoning Permit by the Zoning Officer. The applicant shall not be required to publish or serve notice of the Planning Board's consideration of the Site Plan Review Committee's recommendation for an exemption of the site plan requirements.
3.
If a Change of Use Exemption is not granted by the Board under the provisions of this subsection the applicant is required to submit an application for site plan approval under the "Site Plan Review and Approval Section" Section 18-13 et seq.
