Borough of Seaside Heights, NJ Site Plan Review and Approval

All other provisions concerning side line setbacks, etc., of the Code of the Borough of Seaside Heights must be met prior to such construction. The provisions of this section shall not apply to any premises holding a liquor license.

In situations where no addition or enlargement is to take place to the building or structure, site plan approval shall not be required when there is only a change from one permitted use to another permitted use, unless that change of use involves the holder or proposed holder of a liquor license. In addition, all changes in use shall conform to the minimum zoning requirements of the new use, which shall include, but not be limited to, square footage, setback requirements, parking requirements, etc.

Site plan approval shall not limit the requirements for submission of an application to the Land Use Board for subdivision, conditional use approvals and for any and all variances that may be required either by ordinance or pursuant to state statute.

Each application for site plan approval, when required pursuant to Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to the Ocean County Land Use Board for review or approval as required by the aforesaid section, and the Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time.

The Land Use Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions for the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions herein and within the provisions of N.J.S.A. 40:55D-1 et seq. if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The Land Use Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with the review for site plan approval without the developer being required to make further application to the Land Use Board or the Land Use Board being required to hold further hearings. The longest time for action by the Land Use Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to the Municipal Land Use Act, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 246-51 Standards for approval.

The Land Use Board shall grant approval of a site plan application if the detailed drawings, specifications and estimates based upon the application for approval conform to the standards established herein.

The details of the site plan are in accordance with the standards of the Borough of Seaside Heights Zoning Ordinance and any and all other ordinances of the Borough of Seaside Heights which may be in existence at the time of the application and are in harmony with the officially adopted Comprehensive Master Plan of the Borough of Seaside Heights.

The application is in compliance with the requirements of the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and any subsequent amendments thereto.

There is satisfactory provision for pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. The Land Use Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow in these roads and to permit vehicles a rapid and safe ingress and egress to the site.

There is provision for off-tract water, sewer, drainage and street improvements, if required, which are necessitated by land development without any contributions for the cost of the same to be computed in accordance with N.J.S.A. 40:55D-42 and relevant provisions of the Code of the Borough of Seaside Heights. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.

Adequate provision has been made for the design and layout of buildings and parking areas so as to provide aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands, and satisfactory provisions for adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Land Use Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. Particular attention shall be given to the location, power, direction and time of any outdoor lighting so as to avoid any adverse effect upon any properties an any adjoining residential districts by impairing the established character or the potential use of properties in such districts.

Satisfactory provision has been made to provide shielding for electric or electronic equipment so that there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit in case of multifamily dwellings as a result of the operation of such equipment.

Satisfactory provision has been made to ensure that no use shall produce a strong, dazzling light or a reflection of a strong dazzling light or glare beyond its lot line. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials, meeting the following requirements:

Plant materials used in screen planting shall be at least four feet in height when planted and of such density that all of the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. Plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.

Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced no later than the next growing season.

The screen planing shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

The buffer area shall not be broken unless specifically approved by the Land Use Board.

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

No use shall produce heat perceptible beyond its lot lines. No use shall be permitted which would cause the temperature to rise or fall in Barnegat Bay or the Atlantic Ocean.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities in public highways, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the levels and operations as specified within the chapter of this Code designated as "Noise."[1]

[1]

Editor's Note: See Ch. 154, Peace and Good Order, § 154-3.

Odors shall not be discernible at the lot line or beyond.

No materials or waste shall be deposited upon a lot in such form or manner that such materials may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be permitted. All materials or waste which might cause fumes or dust or which constitute a fire explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in an appropriate container adequate to eliminate such hazards. All disposal systems shall meet municipal specifications as to installation and construction.

Environmental elements relating to soil or erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

Driveway openings for each application requiring site plan approval shall be as follows:

No greater than 16 feet of curb cut in length per 100 feet of lot frontage; corner lot property shall only use property along one street to determine the amount of frontage for parking lot purposes.

No greater than 16 feet of driveway shall be allowed on each street if the same piece of property is bounded by two noncontiguous streets.

Design requirements. Parking lots shall be designed to provide the following:

Driveway openings shall be as follows:

No greater than 16 feet of curb cut in length per 100 feet of lot frontage; corner lot property shall only use property along one street to determine the amount of frontage for parking lot purposes.

(b)

No greater than 16 feet of driveway shall be allowed on each street if the same piece of property is bounded by two noncontiguous streets.

(c)

Notwithstanding the above, there shall be no more than two driveway openings servicing any one project.

Where possible, access drives shall not be located closer than 20 feet from the nearest right-of-way of an intersection street.

Parking stalls shall not be located so as to require a vehicle to back into any portion of the public right-of-way in order to enter or exit the parking stall.

All parking areas for four or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives. For multifamily uses, such lights shall be operated from dusk to dawn and for all other uses when the site or structure is occupied. Freestanding light poles shall be no higher than the height of the highest principal building plus five feet. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.

All parking spaces provided pursuant to this chapter shall be suitably graded, surfaced, drained and maintained in good condition.

(6)

The following regulations and rules shall apply concerning off-street parking in each and every district in the Borough of Seaside Heights.

[Amended 8-7-2002 by Ord. No. 2002-18]

Hotels, motels and rooming houses: parking spaces for at least one motor vehicle for every one rental unit in such hotels, motels and rooming houses.

(b)

Apartment houses, efficiency motel units, and residential condominium developments: parking spaces for two motor vehicles for every one living unit in such apartments, efficiency motel units, and residential condominium developments. One-family homes shall also require parking spaces for two motor vehicles and two-family homes shall require parking spaces for four motor vehicles.

(c)

Retail business uses shall supply parking at one parking space per 500 square feet of gross floor area.

(d)

Bars, cocktail lounges, nightclubs, restaurants with bars: one parking space for each 100 square feet of gross floor area.

(e)

Automotive service station: five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be fewer than five off-street parking spaces.

(f)

Business offices: one parking space for each 150 square feet of gross floor area.

(g)

Any other uses requiring site plan approval shall supply parking at one parking space per 500 feet of gross floor area.

(h)

Except where multiple parking spaces serve only one dwelling unit or where valet parking is provided, each parking space shall have direct access to a driveway or public street and cars may not be parked so as to require removal of one vehicle in order to relocate another.

(7)

Parking spaces are to be designed so that in all instances there is a minimum of four feet between parked vehicles and any building on an adjoining lot or an adjoining public sidewalk. This four-foot-wide pedestrian access aisle shall not be part of the parking area and shall be unobstructed.

[Amended 8-7-2002 by Ord. No. 2002-18[2]]

[2]

Editor's Note: Former Subsection Q(8), regarding pedestrian access aisles, which subsection immediately followed this subsection, was repealed 8-7-2002 by Ord. No. 2002-18.

§ 246-52 Application contents and requirements.

An application shall be made upon forms to be supplied by the Land Use Board for site plan approval, and a completed application shall be submitted to the Land Use Board Secretary of the Borough of Seaside Heights, together with a site plan as herein required. The site plan shall be submitted in 17 copies at least 28 days prior to the scheduled public meeting of the Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed, in writing, by the reviewing board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted. All site plans and supporting documents shall comply with the requirements hereinafter set forth and shall contain the following information and data:

A properly completed site plan information form.

The required fee as provided by § 246-54.

[Amended 8-7-2002 by Ord. No. 2002-18]

A site plan at a scale of one inch equals 20 feet.

A plan certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a registered land surveyor.

Plans submitted on one of the following standard sheet sizes: 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. In the event that one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining streets.

Each site plan submitted to the Board for approval shall have the following information shown thereon or annexed thereto:

Size, height, location and arrangement of all existing and proposed buildings, structures and signs in accordance with the requirements of this chapter, including a rendering of each building or a typical building and sign showing front elevations and a proposed sue of all structures, and including:

Boundaries of the tract.

North arrow.

Date.

Graphic Scale.

Zone districts in which the lot or lots are located.

(f)

Existing and proposed streets and street names.

(g)

Accurate location and sizes of all buildings on properties adjacent and across the street.

(h)

Tile of plans.

(i)

Existing and proposed streams and easements.

(j)

Total building coverage in acres and percent of lot.

(k)

Total number of parking spaces.

(l)

All dimensions needed to conform to the Zoning Ordinance, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards.

(m)

A small key map giving the general location of the parcel in relation to the remainder of the municipality.

(n)

A small key map giving the location of the site in relation to all remaining lands in the applicant's ownership.

One copy of said plan shall consist of a translucent tracing and shall be of a size of no more than 30 inches by 42 inches, and all information appearing thereon shall be in black India ink.

A scale of 20 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed 1 to 10,000.

The names of all owners of record of all adjacent properties and the block and parcel numbers of the properties.

Existing school, zoning and special district boundaries. Such features shall be shown on a separate map or as a key map on a special detailed map itself.

(6)

Boundaries of the property, building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use.

(7)

A copy of any covenant or deed restrictions that are intended to cover all or any part of the tract.

(8)

Location of existing buildings which shall remain and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. The outline of such structures shall be indicated by a dashed line, and those that shall remain shall be shaded.

(9)

Location of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow; and if any existing utility lines are underground, the estimated location of said already existing underground utility lines shall be shown.

(10)

Existing contours at intervals of one foot where slopes are less than 5% and at intervals of five feet when 5% or more, referenced to a datum as provided by the Land Use Board Engineer to be indicated by a dashed line. Where any change in contours is proposed, finish grades should be shown as solid lines.

(11)

Location of existing rock outcrops, highpoints, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of six inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations of watercourses and pond and marsh areas as determined by survey.

(12)

The title of the development; the North point, scale, name and address of the record owner, engineer, architect and land planner or surveyor preparing the site development plan.

(13)

A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of an architectural or planning nature submitted by the applicant or as may be required by the rules of the Land Use Board.

(14)

All proposed easements and public and community areas and all proposed streets with profiles indicating grade and cross sections showing width of roadways, location and width of sidewalks and location and size of utility lines, according to the standards and specifications of the Borough of Seaside Heights.

(15)

The proposed use or uses of land in buildings and proposed location of buildings, including proposed grades. Such features should be indicated on a separate drawing where deemed desirable and necessary by the Land Use Board Engineer.

(16)

All means of vehicular access and egress to and from the site onto public streets, showing size and location of driveways, curb cuts and sidewalks, and proposed circulation plans including access streets, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this chapter. Said proposed circulation plans should include the location of lights, lighting standards and signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be provided from each building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated. Plans shall be accompanied by cross sections of streets, aisles, lanes, curbing and driveways which shall adhere to applicable requirements of this chapter and applicable design standards in the Subdivision Ordinance.[1]

[1]

Editor's Note: See Article VII, Subdivision Review.

(17)

The location of proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the Borough of Seaside Heights and the Ocean County Municipal Utilities Authority. Said plan shall include proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.

(18)

The proposed location and direction of illumination, amount of illumination expressed in average horizontal footcandles, hour and time or proposed outdoor lighting and conformance with applicable standards of the Borough of Seaside Heights and as may be applied by the Land Use Board of the Borough of Seaside Heights. Proposed lighting facilities shall be included, showing the direction and reflection of the lighting. All utilities shall be installed underground.

(19)

The proposed screening, and landscaping, including planting plan, in conformance with the applicable standards of the Borough of Seaside Heights and the Land Use Board of the Borough of Seaside Heights. Said plan shall also include a depiction of existing and proposed wooded areas and buffer areas. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation area, shrubbery, trees and buffer areas shall be in accordance with applicable requirements of this chapter. These plans shall show the location and type of any man-made improvements and the location and species of plant materials for all planted and landscaped areas.

(20)

A proposed stormwater drainage system in conformance with the applicable standards of the Borough of Seaside Heights and the Land Use Board of the Borough of Seaside Heights.

(21)

Such other information or data as may be required by the Land Use Board in order to determine that the details of the site plan are in accordance with the standards of the ordinances of the Borough of Seaside Heights and all other general law.

All applications for site plan approval shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. Applicants shall furnish proof of such submission at the time of the submission of their application to the municipal reviewing board by presenting a copy of a site plan with an indication from the county that it has been filed with the county. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of approval of an applicant's application, such approval shall be conditioned on approval of said site plan by the County Planning Board.

No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required by said statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of approval of an applicant's site plan, approval shall be conditioned on certification of the applicant's erosion plan.

No application for site plan approval shall be deemed complete in the absence of proof that the site plan has been submitted for approval by the necessary governmental units in charge of sewerage and sanitary water supply, the Army Corps of Engineers, if applicable; the State Department of Environmental Protection, if applicable; Fire Commissioners; and, where required, local and state boards of health. If any of the reviewing authorities have failed to grant or deny certification at the time of approval of an applicant's site plan, approval shall be conditioned on certification of the applicant's plan by each such governmental unit.

Checklist for Site Plan Development Review. All applicants for site plan review must complete the Checklist that is provided to them by the appropriate municipal official, and all site plans must conform to the requirements of said Checklist. Said Checklist is hereby made a part of this Code and published more fully as Appendix to the Code of the Borough of Seaside Heights.[2]

[2]

Editor's Note: The Checklist is on file in the Borough offices.

§ 246-53 Public hearings.

A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application, are filed pursuant to § 246-52 hereof.

[Amended 12-3-1997 by Ord. No. 97-13]

If an applicant desires a certified shorthand court reporter, the cost of taking testimony and transcribing the same and providing a copy of the complete transcript to the Board shall be at the sole expense of the applicant, who shall also arrange for the reporter's attendance.

§ 246-54 Fees.

There shall be submitted to the Land Use Board Secretary with each site plan application, in order to defray the cost of legal and engineer review and all of the costs to review the site plan, the following fees:

Each applicant, at the time of submission, shall pay a basic administration application fee of $50.

In addition, each applicant shall deposit by cash or certified check with the Land Use Board Secretary, to be held in escrow by the Borough of Seaside Heights, an amount to cover the cost of professional services and review, including legal and engineering and other incidental expenses connected with processing, reviewing and checking all materials. Said sum shall be in accordance with the schedule set forth in § 246-61.

[Amended 12-3-1997 by Ord. No. 97-13]

Sums paid pursuant to Subsection B above not utilized in the review and inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount, and such sum shall be paid prior to the Board taking final action on the application.

Each applicant who shall submit a plan for site approval shall agree, in writing, to pay all reasonable costs for professional review of the said site plan submission map and for inspection of improvements required by the Board. Such costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.

A fee of $300 is hereby established for an application for the extension of a final site plan approval.

§ 246-55 Distribution of site plan.

The Land Use Board Secretary shall distribute the site plan application for review and report, and approval where required, as follows:

One copy to the Municipal Planner.

One copy to the Municipal Engineer.

One copy to the Land Use Board Engineer.

One copy for the permanent files of the Board.

One copy for the Director of Public Works.

One copy to the Municipal Health Officer.

One copy to the Municipal Fire Subcode Official.

One copy to the Construction Official.

Nine copies to the Land Use Board (two additional copies may be provided to the alternate members).

§ 246-56 Time limit for decision.

Upon submission to the Land Use Board Secretary of a complete application for a site plan for 10 acres of land or less, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to N.J.S.A. 40:55D-60, the Land Use Board shall grant or deny approval within 120 days of the submission of a complete application, and such other information as is reasonably necessary to the making of an informed decision, to the Land Use Board Secretary, or within such further time as may be consented to by the applicant.

Upon the submission of a complete application and such other information as is reasonably necessary to the making of an informed decision for a site plan of more than 10 acres, the Land Use Board shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the applicant.

Failure of the Land Use Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.

If the Land Use Board requires any substantial amendment in the layout of improvements proposed by the development 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. The Land Use Board shall, if the proposed development complies with this chapter, grant site plan approval.

Nothing herein contained shall be construed to limit the right of a developer to submit a sketch plat to the Land Use Board for informal review, and neither the Land Use Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plat. Time for the Planning Board's decision shall not begin to run until the submission of a complete application.

§ 246-57 Rights under preliminary approval.

Preliminary approval of a site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

That the applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a site plan for an area of 50 acres or more, the Land Use Board may grant the rights referred to in Subsection A above for such period of time longer than three years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.

§ 246-58 Final approval.

The Land Use Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval, provided that in the case of a planned development, the Land Use Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Land Use Board or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the Land Use Board as to failure by the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

A complete application for final approval shall consist of the following:

A properly completed final site plan approval form.

The required fee.

A site plan in final form, including all the information shown on the preliminary plan, conditions of preliminary approval, along with all of the various items required by § 246-52 of this chapter.

[Amended 12-3-1997 by Ord. No. 97-13]

§ 246-59 Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 246-57 of this chapter entitled "Rights under preliminary approval," whether conditional or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 246-57 of this chapter for the section of the development granted final approval.

[Amended 12-3-1997 by Ord. No. 97-13]

In the case of site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the Land Use Board may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may thereafter apply for and the Land Use Board may thereafter grant an extension of final approval for such additional periods of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 246-60 Off-tract improvements.

Improvements to be constructed at sole expense of applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereinafter and as otherwise provided by law.

Other improvements.

In cases where the need for an off-tract improvement is necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the governing body a list and description of all such improvements, together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall withhold action upon the development application until receipt of the governing body's determination or until the expiration of 90 days after the forwarding of such list and description to the governing body in the event no formal determination has been made.

The governing body, within 90 days after receipt of said list and description, shall determine and advise the Board whether:

The improvement or improvements are to be constructed or installed by the municipality:

[1]

As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or

[2]

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter otherwise provided as to a contribution thereto by the applicant.

(b)

The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] hereinabove, the Board shall estimate, with the aid of the Municipal Engineer or such other person as has pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] hereinabove, the Board shall, as provided in Subsection B(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties are to be benefited thereby, including the development property. The Board shall estimate the amount the development property will be specially benefited by the improvement, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and the proceedings under such ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for an excess of total cost over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) hereinabove, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the municipality. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.

(6)

If the governing body shall not adopt an ordinance or resolution within said time, the final development proposal shall nevertheless be designed, and the Board shall thereupon grant or deny final approval.

Performance guaranties. The applicant shall be required to provide, as a condition for final approval of his development application, a performance guaranty running to the municipality as follows:

If the improvement is to be constructed by the applicant under Subsection B(2)(b) hereinabove, a performance bond with surety in an amount equal to the estimated cost of the improvement or, as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality.

If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] hereinabove, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby.

If the improvement is to be constructed by the community as a local municipality improvement under Subsection B(2)(a)[2] hereinabove, a cash deposit equal to the amount referred to in the preceding Subsection C(2) immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.

Refund of deposit where improvements are not authorized within five years. In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the applicant shall be entitled to a full refund of such deposit if the governing body of the municipality shall not have enacted an ordinance authorizing the improvement within five years after the date all other development improvements are completed.

Deposit of funds. All moneys paid by an applicant pursuant to this chapter shall be paid over to the Municipal Treasurer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited, or improvements serving the same purpose.

Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the municipality. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.

§ 246-61 Inspection fees and performance guaranty.

After site plan approval has been granted but prior to the issuance of a building permit, the applicant shall tender to the Borough of Seaside Heights a fee, in cash or other security approved by the Land Use Board Attorney, in a sum equal to 5% of the Land Use Board Engineer's estimated costs for on-site improvements which directly or indirectly affect public streets and lands within the Borough of Seaside Heights and off-site improvements, including but not limited to streets, curbs, aisles, lanes, driveways, parking spaces, boating areas, lighting, sidewalks, landscaping, walls, fences, storm drainage, sanitary sewerage and water. The purpose for said fee shall be to cover the cost of the inspection of said improvements.

All the aforementioned improvements shall be subject to inspection and approval by the Construction Code Official, who shall be notified by the applicant at least 48 hours prior to the start of construction. The Construction Code Official may required the assistance of the Land Use Board Engineer in effecting inspection approval. No underground installation, subgrade and/or stages of paving or other work normally done in stages shall be poured, installed, covered, backfilled or removed until inspected and approved. Distribution supply lines installed by public utility companies operating under regulations of the Public Utilities Commission of New Jersey are exempt from this inspection requirement.

A certificate of occupancy shall not be issued until all the required improvements have been installed and approved and are functioning properly to that building or portion of a building for which a certificate of occupancy is requested in accordance with the provisions of this chapter. No certificate of occupancy shall be issued for any building or portion of a building where other improvements remain to be constructed on or off the site in order to complete the entire project until the performance guaranty, letter of credit or other form of guaranty acceptable to the approving planning body has been posted in a form approved by the Land Use Board Attorney, in an amount determined by the Board Engineer to be sufficient to assure completion of all the remaining improvements. Said guaranty shall also be in a form guaranteeing completion of the said remaining improvements within one year. The Board may require a three-year maintenance bond for any or all off-site improvements in the form and manner designated above.

Final approval and authority to issue a certificate of occupancy shall rest solely within the jurisdiction of the approving board. Such action shall only be granted during a regularly scheduled meeting of the board.

§ 246-62 Performance guaranties and improvement costs.

Performance guaranties shall be posted prior to the granting of final developmental approval.

Performance guaranties shall be submitted in favor of the Borough of Seaside Heights in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor' s monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping. Ten percent of the total performance guaranty shall be in cash, deposited with the Municipal Clerk, and the remaining 110% shall be in a form acceptable to the Municipal Attorney. Such guaranties may be usable at any point by the municipality for the nonperformance of the applicant. Such guaranties shall run for a period of 18 months, subject to extension by the Borough Council for an additional period of 18 months.

If the required improvements are not completed or corrected in accordance with the performance guaranties within the time limit or extension, the obligor and surety shall be liable thereon to the Borough for all reasonable costs of improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements.

Prior to acceptance of a performance guaranty by the Borough Council, the Borough Council shall receive:

A letter from the Municipal Engineer stating that the proposed bond covers all items required.

A list of the items covered and their cost.

A letter of approval from the Municipal Attorney as to bond form.

A letter from the Municipal Engineer and Land Use Board stating that the plans meet all specifications.

Following acceptance of a performance guaranty by the Borough Council, a letter so stating shall be sent to the Land Use Board prior to signing of final plats for the development.

Prior to release of a performance guaranty in full or in part in accordance with N.J.S.A. 40:55D-53, the Borough Council shall receive:

A recommendation from the Land Use Board.

As-built plans of all utilities and roads approved by the Municipal Engineer.

A statement from the developer/subdivider that there are no liens or other legal encumbrances on any of the improvements or utilities to be deeded.

Deeds, free and clear from all encumbrances, for all streets, public easements, drainage easements or other dedicated lands.