New or change of use; extension or renovations of existing building.

a. 

Site plan approval as provided for in Subsections 34-4.13 and 34-4.6 shall be required for any new or change in use or extension or renovation of an existing building in the B-1, B-1A, B-2, B-3, I.P. and L.O. Zone Districts, except that:

b. 

In the B-1, B-1A, B-2, B-3, L.P., L.O. and P.U.D. Zones, the Planning Board shall have the discretion to waive the site plan approval requirements of this chapter for any proposed conforming use. The use cannot involve the construction of a new building or the extension of an existing building and provided the applicant can clearly establish to the satisfaction of the Planning Board that the new or changed use will not require additional parking as required by the Borough Ordinances, will not cause a change in drainage patterns, will not create traffic hazards or congestion, and that the property cannot be improved to meet the requirements of the Zoning Code and the ordinances of the Shade Tree Commission. The review of the Planning Board can be done on an administrative basis, and if it is determined and recommended that a waiver of site plan is appropriate, then the Planning Board, at its public meeting, shall have the right to approve such waiver of site plan, and since the site plan, approval procedure is being waived, no public notice for site plan approval as required under the Borough Ordinances and the Municipal Land Use Law shall be required.

[Amended 9-23-2015 by Ord. No. 15-2015]

Editor's Note: See N.J.S.A. § 40:55D-1 et seq.

c. 

Where there is no new or change of use, a waiver of site plan approval by the Planning Board and a continued certificate of occupancy shall be required for any change of occupancy in a commercial structure in the B-1, B-2, B-3, I.P. and L.O. Zone Districts, and such waiver of site plan approval and the continued certificate of occupancy shall be obtained prior to such occupancy.

Ord. No. 574; Ord. No. 656; Ord. No. 745; Ord. No. 771A; Ord. No. 818 § 1; Ord. No. 902 § 1; 1972 Code § 130.416; Ord. No. 1054 § 1; Ord. No. 1122