LTR TO W ORANGE PB REDWOOD PAGANO 031226

20. aly 22. 23. Pleasant Valley Way. Nineteen additional trees scattered along the main building area will also be removed but none will be removed along the Peckman River. Seventy-four (74) new trees will be planted, which is in excess of what is required under the ordinance. All refuse will be collected internally and when the trucks arrive to collect the garbage the trash containers will be wheeled out and unloaded into the trucks. Applicant offered testimony that the postmaster has no objection to the interior mail room. The plans submitted fully comply with the requirements of the overlay zone with the exception of the request for three (3) design waivers: to install a twenty (20’) foot light pole (Instead of an 18’ pole) so to provide lighting to the entire parking lot without the need to install additional light poles inside the parking lots, to be relieved of submitting an Environmental Impact Statement because the DEP has already issued a determination, and to submit staging plans because such plans are not applicable as the project will be built with continuous construction. NJ.S.A. 40:55D-46a. and b. and N.J.S.A. 40:55D-50a. govern the Board’s review of the preliminary and final site plan application. N.J.S.A. 40:55D-46a provides that an “ordinance requiring site plan review and approval shall require the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met.” NJ.S.A. 40:55D-46a further provides that “The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.” N.J.S.A. 50:55D-46b provides that “if the planning board required any substantial amendment in the layout of improvements proposed by the developer that have 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” and “the planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.” N.J.S.A, 40:55D-S0a.

e original application for development” and “the planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.” N.J.S.A, 40:55D-S0a. provides that final site plan approval “shall” be granted if the detailed drawings, specifications, and estimates of the application conform to the standards of all applicable ordinances and the conditions of preliminary approval. As such if the applicant meets the standards set forth in the ordinances, the planning board lacks the authority to deny approval of the site plan and subdivision. N.J.S.A. 40:55D- 50a; PRB Enters., Inc. v. S. Brunswick Planning Bd., 105 N.J. 1, 7 (1987); Dunkin' Donuts of NJ. Inc. v. Twp. of N. Brunswick Planning Bd., 193 N.J. Super. 513, 515 (App. Div. 1984). Conversely, if the application does not comply with all ordinance requirements, the Board must deny approval. Cortesini v. Hamilton Planning Board, 417 N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is