A development plan shall be classified as a minor site plan if the proposal is limited to one (1) or more of the following:

a. A development involving a new building or addition which is not exempt and is less than ten (10%) percent of the existing gross floor area of the building or one thousand (1,000) square feet of floor area, whichever the lesser.

b. A development involving more than five (5), but less than fifteen (15) required parking spaces, or an increase of ten (10%) percent of the existing number of spaces, whichever the lesser.

c. A development involving only a change of use, other than a conditional use as specified in Chapter 35, Zoning, provided that the existing building and new use comply with all zoning regulations, inclusive of parking, buffer areas, signs, etc., and a written report from the Site Plan and Subdivision Committee that adequate landscaping exists or i s proposed.

Prior to the issuance of a building permit for a minor site plan, a written opinion shall be obtained from the City Engineer that improvements for the site are adequate and from the Zoning Officer that the improvements comply with all applicable zoning regulations No more than one (1) grant of minor site plan shall be given to any site within a period of two (2) years.

(Ord. No. O-01-46 § 32-5.1)

A division of land shall be classified as a minor subdivision if the following four (4) conditions exist:

a. The subdivision results in no more than three (3) lots, inclusive of remaining lands.

b. The subdivision fronts on existing streets.

c. The subdivision does not involve the construction or substantial reconstruction of any new or existing street.

d. The subdivision does not involve the extension of any off-tract improvement.

(Ord. No. O-1-46 § 32-5.2)

a. Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined this chapter shall submit to the City Engineer and City Planner sixteen (16) copies of the items required in Section 33-11 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. If these are waived by the appropriate reviewing body, then approval will not be granted until the taxes are paid in full.

b. The application shall be declared complete or incomplete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 33-4.7 of this chapter.

(Ord. No. O-01-46 § 32-5.3)

a. Approval b>> Subdivision and Site Plan Committee. If the subdivision or site plan is unanimously approved with at least three (3) members of the Subdivision and Site Plan Committee present and voting (only those who are members or alternates of the Board having jurisdiction to act, may vote), no further action shall be required of the Planning Board as a whole. If the vote is not unanimous, or if such Committee has not been established, the minor subdivision or site plan shall be referred to the Planning Board. If a variance within the jurisdiction of the Planning Board is requested, the subdivision or site plan shall not be referred to the Committee but instead to the Planning Board as a whole.

b. Time Period for Action by Committee or Board. The action of the Subdivision and Site Plan Committee or the Planning Board under this section must be taken within forty-five (45) days, or one hundred twenty (120) days if a variance is involved, of a complete application as defined in this chapter, or within such further time as is agreed to by the applicant and the Board. Failure of the Planning Board or Committee to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the City Engineer and City Planner as to the failure of the Planning Board or Committee to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by County Recording Officer for purposes of filing subdivisions plats.

c. Approval by County Planning Board May Be Required. Whenever review and/or approval by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(Ord. No. O-01-46 § 32-5.4)

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor as specified by the N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board. (Ord. No. 0-01-46 § 32-5.5)

a. Approval Valid for Two (2) Years. The grant of minor subdivision or minor site plan shall be deemed final approval and the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision and site plan approval.

b. Extension of Approval. The Board shall grant an extension of minor subdivision or site plan approval for a period determined by the Board, but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of minor subdivision approval; or (b) the ninety-first (91 st) day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.

(Ord. No. O-01-46 § 32-5.6)

All developers shall enter into a developer's agreement upon such terms and conditions as approved by the Corporation Counsel, City Engineer and City Planner. (Ord. No. O-03-10 § 2; Ord. No. O-09-28 § 2)