A.
Site plan review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
Planning Boards to determine developmental impacts with regard to
topography, vegetation, drainage, floodplains, marshes and waterways.
Additionally, site plans show the location of existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utilization, landscaping, structures,
signs, lighting and screening.
B.
In short, a site plan allows the Land Use Board to
assess the project in order to ensure the compatibility and determine
the impact of proposed uses.
C.
Except as hereinafter provided, compliance with preliminary
and final site plan review will be required, and no building permit
or certificate of occupancy shall be issued, for any new construction
and for any enlargement or addition to any existing building or structure,
and for all changes in use (other than a change from one permitted
use to another permitted use where no addition or enlargement is taking
place), with the exception of single-family and two-family detached
dwelling unit buildings. Review shall be required before any excavation,
removal or addition of soil on lands contemplated for development,
unless the developer submits a site plan to the Land Use Board and
final approval granted pursuant to a resolution of the Land Use Board.
No certificate of occupancy shall be authonzed unless all construction
conforms to the approved site plan.
[Amended 5-18-2022 by Ord. No. 2022-07]
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
(1)
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.
(2)
Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced no later than
the next growing season.
(3)
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.
(4)
The buffer area shall not be broken unless specifically
approved by the Land Use Board.
I.
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.
J.
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.
K.
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.
L.
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]
M.
Odors shall not be discernible at the lot line or
beyond.
N.
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.
O.
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.
P.
Driveway openings for each application requiring site
plan approval shall be as follows:
(1)
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.
(2)
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.
Q.
Design requirements. Parking lots shall be designed
to provide the following:
(1)
Driveway openings shall be as follows:
(a)
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.
(2)
Where possible, access drives shall not be located
closer than 20 feet from the nearest right-of-way of an intersection
street.
(3)
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.
(4)
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.
(5)
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]
(a)
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.
A.
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:
(1)
A properly completed site plan information form.
(3)
A site plan at a scale of one inch equals 20 feet.
(4)
A plan certified by a New Jersey licensed architect
or engineer, including accurate lot lines certified by a registered
land surveyor.
(5)
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.
B.
Each site plan submitted to the Board for approval
shall have the following information shown thereon or annexed thereto:
(1)
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:
(a)
Boundaries of the tract.
(b)
North arrow.
(c)
Date.
(d)
Graphic Scale.
(e)
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.
(2)
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.
(3)
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.
(4)
The names of all owners of record of all adjacent
properties and the block and parcel numbers of the properties.
(5)
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]
(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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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]
B.
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.
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:
A.
Each applicant, at the time of submission, shall pay
a basic administration application fee of $50.
B.
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]
C.
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.
D.
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.
E.
A fee of $300 is hereby established for an application
for the extension of a final site plan approval.
The Land Use Board Secretary shall distribute
the site plan application for review and report, and approval where
required, as follows:
A.
One copy to the Municipal Planner.
B.
One copy to the Municipal Engineer.
C.
One copy to the Land Use Board Engineer.
D.
One copy for the permanent files of the Board.
E.
One copy for the Director of Public Works.
F.
One copy to the Municipal Health Officer.
G.
One copy to the Municipal Fire Subcode Official.
H.
One copy to the Construction Official.
I.
Nine copies to the Land Use Board (two additional
copies may be provided to the alternate members).
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
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.
A.
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.
B.
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.
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]
B.
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.
A.
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.
B.
Other improvements.
(1)
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.
(2)
The governing body, within 90 days after receipt of
said list and description, shall determine and advise the Board whether:
(a)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
Performance guaranties shall be posted prior to the
granting of final developmental approval.
B.
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.
C.
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.
D.
Prior to acceptance of a performance guaranty by the
Borough Council, the Borough Council shall receive:
(1)
A letter from the Municipal Engineer stating that
the proposed bond covers all items required.
(2)
A list of the items covered and their cost.
(3)
A letter of approval from the Municipal Attorney as
to bond form.
(4)
A letter from the Municipal Engineer and Land Use
Board stating that the plans meet all specifications.
E.
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.
F.
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:
(1)
A recommendation from the Land Use Board.
(2)
As-built plans of all utilities and roads approved
by the Municipal Engineer.
(3)
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.
(4)
Deeds, free and clear from all encumbrances, for all
streets, public easements, drainage easements or other dedicated lands.
(5)
An acceptable maintenance guaranty as outlined below.
A.
All improvements required by the Land Use Board shall,
prior to the release of performance guaranties, be covered by a maintenance
guaranty running in favor of the Borough of Seaside Heights in the
amount of 15% of the estimated cost of improvements, as determined
by the Municipal Engineer. Said bond shall run for a period of two
years following acceptance by the municipality and shall provide for
proper repair and/or replacement during this period. In the event
that all improvements have been completed prior to granting of final
approval by the Land Use Board, the maintenance bond shall be posted
before final plat approval. Maintenance bonds will be approved as
to form by the Municipal Attorney.
B.
In the event that other governmental agencies or public
utilities will automatically own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty
shall be required by the municipality for such utilities or improvements.
A.
The Borough Council shall not accept any roadway or
other improvement until the maintenance guaranty has been posted and
all deficiencies corrected or repaired. The municipality may, however,
agree to perform limited services if requested, in writing, by the
subdivision developer and if held harmless for any damages resulting
from such action.
B.
A deed for any roadway or improvement shall be submitted
to the Borough Council prior to being recorded after the twenty-four-month
period and upon certification from the Municipal Engineer that no
further maintenance is required. The deed will be approved by the
Municipal Attorney and recorded at the expense of the subdivider.
The continued maintenance of all site improvements
shall be enforced by the Zoning Officer, who shall notify the property
owner that a violation exists and that 60 days is given to correct
the violation.