[Amended by Ord. No. 82-2; Ord. No. 83-34;
Ord. No. 84-4; Ord. No. 89-3; Ord. No. 91-23; Ord. No. 2001-9]
A.
Minor subdivision. A minor subdivision is any subdivision
containing not more than three lots fronting on an existing street;
not involving any new streets or roads; not involving the extension
of municipal facilities; not adversely affecting the development of
the remainder of the parcel or adjoining property.
(1)
The remainder of a subdivided parcel or the property
adjoining a subdivided parcel, if owned by the subdivider, his immediate
family, agent, corporate entity or other representative, shall not
be subdivided again as a minor subdivision for a period of three years
commencing on the date of approval of the prior subdivision. This
provision is retroactive to include all minor subdivisions approved
by the Township Planning Board since June 22, 1978.
B.
Procedure required for approval of a minor subdivision.
(1)
The applicant shall complete 20 copies of an official
application form obtainable from the Secretary of the Planning Board.
[Amended 5-3-2004 by Ord. No. 2004-11]
(2)
The applicant shall supply 20 copies of a subdivision
plat drawn by a licensed New Jersey surveyor, based on the Tax Map
of the Township of Lower, applying to the area, which shall include
the following:
(a)
Key map showing the entire parcel and its relationship
to the surrounding area, based on the Township Tax Map.
(b)
Certification that the landowner has reviewed
the plat and it has his or her approval.
(c)
Certification of the surveyor as to the accuracy
of the details of the subdivision plat.
(d)
Plat shall be drawn clearly and legibly at a
scale of not less than one inch equals 100 feet.
(e)
Tract name (if applicable), Tax Map block and
lot number, date, North arrow, scale.
(f)
Tract boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, lands to
be reserved or dedicated for public use or open space, all lot lines
and other site lines with accurate dimensions, bearing or deflection
angles, radii, arc lengths, and bearings of all curves.
(g)
All proposed new lot lines, lot lines to be
removed, proposed new lot numbers.
(h)
Purpose of all easements or land to be dedicated
for public use or open space.
(i)
Location and description of all monuments.
(j)
Names of all adjoining property owners.
(k)
Area of parcels being severed or created to
the nearest hundredth of an acre, unless lots are less than one acre,
in which event the square footage of severed or created lots must
be shown.
(l)
Manner in which the district is zoned.
(m)
The following paragraph placed conspicuously on the plat: "This minor subdivision shall expire if the filing or recording requirements of § 400-75D are not complied with within 190 days after the date of approval."
(n)
Approximate tie distances to nearest street.
(o)
All buildings, wooded areas, streams on entire
tract of proposed subdivision and distances of all buildings from
proposed property lines.
(p)
Signature of Tax Collector, certifying that
property taxes on entire tract being subdivided are paid in full.
(q)
Flood zone and base flood elevation.
(r)
Designated lines for signatures of Planning
Board Chairman and Secretary, and Planning Board Engineer, and date
of approval.
(3)
The 20 copies of both form and plat, and the application
fees as set forth, shall be submitted to the Secretary of the Planning
Board.
(4)
All papers shall be submitted simultaneously 21 days
prior to the next regularly scheduled Planning Board meeting. The
Planning Board shall act on the proposed subdivision within 45 days
of receipt by the Secretary of completed application forms and accompanying
documentation and material.
C.
Procedure to be followed by the Planning Board. The
following procedure shall be followed by the Planning Board:
(1)
The Secretary of the Planning Board shall present
the formal application and copies of the subdivision plat to the Planning
Board at its next regularly scheduled meeting after timely submission
unless the application is for a minor subdivision, and a Minor Subdivision
Committee ("Committee") is appointed by the Chairman, pursuant to
N.J.S.A. 40:55D-47(a). In such case, the Committee appointed may hear
and determine the application for minor subdivision. Notice and public
hearing for any matter referred to the Committee appointed hereunder
shall be waived, and the Committee may grant approval or conditional
approval to applications for development which conform to the definition
of "minor subdivision" contained in N.J.S.A. 40:55D-5. The Committee
shall consist of three Planning Board members, and may have two alternate
members who must be regular or alternate Planning Board members.
(2)
If approved, the Secretary shall sign one copy of
the application form and one copy of the plat, indicate that the application
has been approved and the date of the approval, and both copies shall
then be forwarded to the applicant.
(3)
If rejected, the Secretary shall promptly notify the
applicant. Thereafter, the applicant may submit a revision of the
application or the plat, so as to satisfy the objections of the Planning
Board. A revised application or plat may then thereafter be approved
by the Planning Board.
(4)
The Secretary of the Planning Board shall maintain
an index of approved subdivision applications in chronological order
and shall enter the approved applications upon it. The Secretary shall
also keep a permanent file on each approved application showing the
number of the application and the name of the applicant. Each application
shall be given a number.
(5)
The Secretary of the Planning Board shall keep in
the permanent file of the Planning Board two copies of the plat and
the second copy of the approved application. The Municipal Clerk and
the Tax Assessor shall each be sent one copy of the approved plat.
(6)
An application fee shall not be refunded in the event
that an application is rejected.
D.
Procedure to be followed by applicant upon approval
of minor subdivision. The applicant shall file with the county recording
officer either a deed description or a plat map drawn in compliance
with the Map Filing Law, Chapter 141 of the Laws of 1960,[1] within 190 days from the date of return of the approved
minor subdivision plat. Failure to comply with the above shall result
in automatic termination of approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[Amended by Ord. No. 82-2; Ord. No. 83-34;
Ord. No. 83-36; Ord. No. 84-4; Ord. No. 84-14; Ord. No. 88-5; Ord.
No. 89-3]
A.
Major subdivisions. A major subdivision is any subdivision
other than a minor subdivision as herein defined. No major subdivision
adversely affecting the development of the remainder of the parcel
or adjoining property shall be allowed.
B.
Requirements for approval of major subdivision. There
are three separate forms of plats required for ultimate approval of
a major subdivision. The three forms are as follows:
(1)
A sketch plat for purpose of conveying the general plan of a proposed subdivision being contemplated. The sketch plat shall be sufficiently comprehensive and accurate to permit discussion between the subdivider and the Planning Board, the County and Municipal Engineers, and all other interested persons and entities. As a minimum, the sketch plat shall include the items in § 400-75B(2)(a) through (d), inclusive, of this chapter. The applicant shall submit a sewage capacity commitment from the Lower Township MUA if applicable.
(2)
A step two preliminary plat which shall encompass
the entire area which is planned to be within the ultimate development.
The approval of a preliminary plat assures the applicant that, for
a period of three years from the date of approval, there shall be
no change in the terms and conditions under which the preliminary
approval was granted.
(3)
A final plat which may cover all or a portion of the
entire area presented in the preliminary plat. The approval of a final
plat permits the developer to start the actual construction of the
approved subdivision and the sale of lots therefrom in accordance
with the regulations and requirements of the Township.
C.
Procedure required for the submission of a preliminary
plat.
(1)
The applicant shall complete 20 copies of an official
application form obtainable from the Secretary of the Planning Board.
(2)
Twenty copies of a plat, based on the Tax Map applying
to the area, drawn by a licensed New Jersey land surveyor and a licensed
New Jersey professional engineer on a scale not less than one inch
equals 100 feet, shall be obtained by the applicant and submitted
simultaneously with the 20 copies of the application form.
[Amended 5-3-2004 by Ord. No. 2004-11]
(3)
The plat shall be designed in compliance with the subdivision provisions of this chapter and amendments thereto, and particularly Articles V and VI. The plat shall include the following information:
(a)
Key map showing the entire parcel and its relation
to the surrounding area, taken from the Tax Map of the Township.
(b)
Tract name, Tax Map block and lot numbers, date,
reference meridian and graphic scale.
(c)
Name and address of owner(s) of record and certification
of owner(s) review and approval of that plat. If tract is owned by
a corporation, a list of shareholders must be provided.
(d)
Name and address of plat preparer and certification
as to the accuracy of plat details.
(e)
Name and address of subdivider, if different than Subsection C(3)(c) above. If tract is to be subdivided by a corporation, list of shareholders must be provided.
(f)
Acreage of tract to be subdivided to nearest
one hundredth of an acre.
(g)
Sufficient elevations or contours to determine
the general slope and natural drainage pattern of the tract, the high
and low points of the tract, and tentative cross-sections and center
line profiles for all proposed streets.
(h)
Plans of proposed utility layouts (sewers, storm
drains, water, gas, electricity, cable television), showing feasible
connections to existing or any proposed utility systems. When an individual
water supply and/or sewage disposal system is proposed, if the subdivision
is located in a low lying area, or one showing other indication of
poor drainage, the Planning Board may require a specified number and
pattern of percolation tests to be made in accordance with procedures
set forth in "Standards for the Construction of Sewerage Facilities
for Realty Improvements," published by the New Jersey State Department
of Health, or any other appropriate manual. The results of said percolation
tests, together with a report from the State Department of Health
concerning them, shall be submitted with the preliminary plat. Any
subdivision or part thereof which does not meet with the established
requirements of this chapter, or other applicable regulations of the
Township of Lower or any Board of Health having jurisdiction, shall
not be approved. Any remedy proposed to overcome such a situation
shall first be approved by the appropriate local, county, or state
health agency.
(i)
Tract boundary lines, right-of-way line of streets,
street names, easements, and other rights-of-way, lands to be reserved
or dedicated for public use and/or open space, all lot lines and other
radii, arc lengths, and chord lengths and bearings of all curves.
(j)
All proposed new lot lines, lot lines to be
removed, proposed new lot and block numbers.
(k)
The purpose of all easements or lands to be
dedicated for public use and/or open space.
(l)
Location and description of all monuments.
(m)
Names of all adjoining property owners.
(n)
Manner in which district is zoned.
(o)
Approximate tie distances to nearest street.
(p)
All existing buildings, wooded areas, and streams.
The distances from all new property lines of all existing buildings.
(q)
Signature of Tax Collector attesting to the
fact that all taxes on the tract to be subdivided are paid in full.
(r)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided.
(s)
Flood zone and based flood elevation.
(t)
Final lot grading plan.
(u)
Designated lines for signatures of Planning
Board Chairman and Secretary, and Planning Board Engineer, and date
of approval.
(v)
A soil map of the project site shall show soils
of the site as determined by a soil scientist or the Soils Survey
of Cape May County. This map shall also have a proposed street and
utility layouts.
(4)
An application for a major subdivision shall be accompanied by a nonrefundable application fee which shall be in accord with Article X.
(5)
Twenty copies of the plat, 20 copies of the application,
and the application fee shall be submitted simultaneously to the Secretary
of the Planning Board 21 days prior to the next regularly scheduled
Planning Board meeting.
[Amended 5-3-2004 by Ord. No. 2004-11]
D.
Procedure to be followed by Secretary of the Planning
Board. The Secretary shall forward a copy of the plat to the Engineer
and to the Township Assessor. The remaining copies shall be retained
by the Secretary of the Planning Board.
E.
Public hearing. The Planning Board shall establish
a time and place for the holding of a public hearing on the application.
The applicant shall notify by certified return receipt mail, at least
10 days prior to the date of the hearing, all property owners within
200 feet to the extreme limits of any portion of the subdivision as
their names appear on the Township tax record. The notice shall state
the time and place of the hearing, a brief description of the subdivision
and the property involved, a statement as to its location, a list
of the maps and other documents to be considered and that a copy of
the subdivision application and plat has been filed with the Secretary
of the Planning Board and the Township Clerk and is available for
public inspection. The notice shall give the name, address and telephone
number of the Secretary of the Planning Board. An affidavit of service
of the notice shall be filed with the Secretary prior to or at the
hearing. The applicant shall cause notice of the hearing to be published
in the official Township newspaper at least 10 days prior to the hearing.
F.
Planning Board approval.
(1)
Upon receipt by the Secretary of the Planning Board
of the analysis of the County Planning Board and the recommendations
of the County Planning Board, and subsequent to the aforesaid public
hearing, but not later than three weeks after the plat is forwarded
to the County Planning Board, a meeting shall be held by the Township
Planning Board for purposes of analysis and decision by the Township
Planning Board.
(2)
If approval is granted, the Secretary of the Planning
Board shall notify the Township Clerk, the Township Assessor, Building
Inspector, Engineer, County Planning Board, and the applicant.
(3)
The Township Planning Board shall either approve or
disapprove the application within 90 days of its submission to the
Planning Board.
(4)
If the County Planning Board has approval authority
because a county road is involved pursuant to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If either the Township Planning Board or the County Planning
Board disapproves the plat, the reasons for disapproval shall be remedied
prior to further consideration. The person submitting a plat shall
be notified of the action of the Planning Board within the ninety-day
period above provided. If approval is required by any other officer
or public body, the same procedure set forth with respect to the County
Planning Board shall apply.
[1]
Editor's Note: N.J.S.A. 40:27-12 was repealed
by P.L. 1968, c. 285.
(5)
If the Township Planning Board acts favorably on a
preliminary plat, the Chairman of the Planning Board shall affix his
signature to the plat with a notation that it has received preliminary
approval and has been returned to the applicant for compliance with
final approval requirements.
(6)
Subsequent to approval of the preliminary plat, the applicant shall submit to the Township Planning Board an estimate of the valuation of the improvements to be installed for the subdivision pursuant to Article V of this chapter. This valuation shall be submitted prior to any action being taken by the applicant to start construction of the subdivision. Upon receipt of the estimate, which shall be in an itemized form, the Planning Board shall review the same and consult with the Engineer and shall make its determination of the cost of the improvements. Thereafter, and prior to the actual start of any construction on the subdivision, the applicant shall pay a fee to all applicable agencies to defray the cost of inspection of said improvements pursuant to Article X. No final plat may be submitted for approval until proof has been submitted that this section is complied with.
(7)
If the development plan requires CAFRA approval, the
plan must be resubmitted to the Planning Board with any conditions
imposed by CAFRA shown on the plan. Said conditions shall become a
condition of Planning Board approval.
G.
Procedure required for submission of a final plat.
The following procedure shall be followed for submission of a final
plat:
(1)
The applicant shall complete 20 copies of an official
application form obtainable from the Secretary of the Township Planning
Board.
(2)
The application shall be made within three years of
the date of approval of the preliminary application.
(3)
The Township Planning Board shall act upon the application
for the approval of the final plat within 45 days from the date of
submission of the application. Failure of the Township Planning Board
to act within the time herein provided, or within a mutually agreed
upon time of extension, shall be deemed to be favorable approval,
and the Secretary of the Township Planning Board shall thereupon issue
a notification to that effect.
(4)
The plats to be submitted shall be as follows: 20
master sheets showing the final plot plan with blocks, lots, and streets.
All changes or modifications, if any, from the approved preliminary
plat must be incorporated in the final plat. The final plat shall
be drawn by a licensed New Jersey land surveyor and a licensed New
Jersey professional engineer. The scale of the final plat shall not
be smaller than one inch equals 100 feet.
(5)
The plat shall be designed in compliance with the provisions of this subdivision section and particularly in compliance with the provisions of Articles V and VI of this chapter and shall be accompanied by:
(a)
Date, name and location of subdivision, name
of the owner, graphic scale and reference meridian (i.e., indicating
true North; or magnetic North with year designated).
(b)
Tracts, boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public use, all lot lines and other site
lines; with accurate dimensions, bearings, or deflection angles, and
radii, arcs, and central angles of all curves.
(c)
The purpose of any easement or land reserved
or dedicated to public use shall be designated, and the proposed use
of sites other than residential shall be noted.
(d)
Each block shall be numbered and the lots within
each block shall be numbered consecutively beginning with number one.
When sections of the same block are contained in different subdivisions,
care shall be taken not to duplicate lot numbers.
(e)
Minimum building setback line on all lots and
other sites.
(f)
Location and description of all monuments.
(g)
Names of owners of adjoining unsubdivided land.
(h)
Certification by engineer or surveyor as to
accuracy of details of plat.
(i)
Certification that the applicant is the owner
of the land or his agent, or that the owner has given consent under
an option agreement.
(j)
When approval of a plat is required by any officer
or body of the municipality, county or state, approval shall be certified
on the plat.
(k)
Cross sections and profiles of streets, approved
by the Engineer, shall accompany the final plat.
(l)
Plans and profiles of storm and sanitary sewers
and water mains.
(m)
Certificate from Tax Collector that all taxes
are paid to date.
(n)
A statement by the Engineer that he is in receipt
of a map showing all utilities and exact location and elevation, identifying
those portions already installed and those to be installed.
(o)
The applicant shall submit a statement by the Engineer to the effect that either all of the improvements required under this chapter or otherwise have been installed, or the Engineer shall give an estimate of the cost of their installation. The estimate will form the basis of a performance guarantee in accord with Article X of the said estimate to insure the completion of all such required improvements. A performance guarantee may be in the form of a performance bond, a certified check, an escrow agreement, acceptable securities, or other similar collateral or surety agreements. The performance guarantee shall be approved by the Township Attorney as to form and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board. The period shall not initially be more than three years, and all such improvements shall be made within three years; provided, however, that if the consent of the surety, if any, is obtained, the applicant and the Planning Board may agree upon the extension of such performance guarantee for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the Township Committee by resolution when portions of the required improvements have been installed as set forth in the report from the Engineer and approved by the Planning Board. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements.
(p)
House numbers for each building lot on the final
site plan plot only.
(q)
Designated lines for signatures of Planning
Board Chairman and Secretary, and Planning Board Engineer, and date
of approval.
(r)
An escrow account shall be established by the
developer to cover the costs of streetlight installation.
H.
Final Planning Board action.
(1)
Within the forty-five-day time limitation above set
forth, the Secretary of the Planning Board shall present to the Planning
Board for its approval the application, together with all the required
documents as above set forth, including the following:
(a)
Twenty copies of the application.
[Amended 5-3-2004 by Ord. No. 2004-11]
(b)
Twenty complete copies of the final plat plan
with blocks, lots and streets.
[Amended 5-3-2004 by Ord. No. 2004-11]
(c)
The Engineer's statement on public utility locations.
(d)
The Engineer's statement on installation of
required improvements; or if not installed, his statement of the amount
of the performance guarantee required to complete installation.
(e)
Performance guarantee bond or other suitable
surety; and a letter from the Municipal Attorney approving the guarantee
submitted.
(2)
If approved, a notation to that effect with the date
of the approval shall be made on the copy for filing in the office
of the County Clerk, and signed by the Chairman and Secretary of the
Planning Board.
(3)
After approval, the Secretary of the Planning Board
shall deliver the signed copy of the plat to the applicant. The final
plat, after approval, shall be filed within 90 days from the date
of such approval. If any final plat is not filed within this ninety-day
period, the approval shall be deemed null and void. No plat shall
be accepted for filing by the County Clerk unless it has been duly
approved by the Township Planning Board and signed by the Chairman
and Secretary of the Planning Board. Copies of the approved plat shall
be forwarded with the usual transmittal form to the land use official
(Mylar if applicable), Construction Official, Township Clerk, Township
Engineer (Mylar if applicable), Municipal Tax Assessor, Board files
(Mylar if applicable) and the applicant (Mylar if applicable) and
such other municipal, county or state agencies or officials as directed
by the Board, transportation supervisor of affected schools, Township
Police Department, Township Fire Department, Township Rescue Squad,
branch of United States Post Office, and the County Planning Board.
A copy of the application form with the approval noted thereon shall
be delivered to the applicant. The performance guarantee shall be
delivered and retained by the Township Clerk. A statement by the Engineer
with respect to the location of public utilities and with respect
to the amount of the performance shall be delivered to and retained
by the Township Clerk. A statement by the Engineer with respect to
the location of public utilities and with respect to the amount of
the performance guarantee to be required shall be retained by the
Secretary of the Planning Board. Upon request of the Secretary of
the Planning Board, and upon other such times as the Engineer shall
deem necessary, the Engineer shall make field inspections of the work
done pursuant to the subdivision in order to assure that the requirements
and conditions of the subdivision approval are being met. The Planning
Board and the Township Committee shall be kept advised with respect
thereto.
(4)
If any persons shall be aggrieved by the action of
the Planning Board, appeal in writing to the Township Committee may
be taken within 10 days after the date of the action of the Planning
Board. A hearing thereon shall be held within 60 days on notice to
all parties in interest, who shall be afforded an opportunity to be
heard. After such hearing the Township Committee may affirm or reverse
the action of the Planning Board by a recorded vote of a majority
of the total members thereof. The findings and reasons for the disposition
of the appeal shall be stated on the records of the Township Committee,
and the applying party shall be given a copy.
(5)
All streets, curbs, gutters, and sidewalks constructed
under this chapter shall be guaranteed for a period of one year from
the date of Township acceptance of such work. A maintenance guarantee
for a period of one year in the amount of 10% of the total cost of
streets, curbs, gutters, and sidewalks shall be posted with the Township
Committee, to be retained by the Township Clerk, in a form approved
by the Township Solicitor. The maintenance guarantee may be in the
form of a maintenance bond, certified check, escrow agreement, acceptable
securities, or other similar collateral or surety agreement.
[Amended by Ord. No. 82-22; Ord. No. 83-34;
Ord. No. 83-36; Ord. No. 84-5A; Ord. No. 85-4; Ord. No. 88-5; Ord.
No. 92-11; Ord. No. 92-35; 5-3-2004 by Ord. No. 2004-11; 3-16-2020 by Ord. No. 2020-10]
A.
Where required. Where a zoning, occupancy or building permit is required
for any new construction, enlargement, relocation, reconstruction,
or for any open parking area, accessory or otherwise, whether by right,
variance, or conditional use, such application shall be referred to
the Planning Board for review of the site plan. However, the provisions
of this section shall not apply to a single-family dwelling, permitted
as of right, or any use, building or structure accessory thereto.
(1)
Has secured previous site plan approval(s);
(2)
Involves normal maintenance or replacement such as a new roof, painting,
new siding or a similar activity; and/or
(3)
Does not effect existing circulation, drainage, building arrangement,
landscaping, buffering, lighting and/or similar considerations.
B.
Objective of site plan review. In reviewing any site plan under this
section, the Board shall be concerned with the following objectives:
(1)
To promote the public health, safety, comfort, convenience, prosperity,
amenity, and other aspects of general welfare.
(2)
To ensure that the layout of the proposed use shall be in harmony
with the surrounding area and shall contribute to its desirable and
orderly development.
(3)
To ensure that traffic generated by the proposed use will not adversely
affect the surrounding area and will not disrupt the orderly movement
of vehicles and pedestrians in such area.
C.
Factors considered. In such review, the Board shall take into consideration
such factors as the following:
(1)
Provisions for fire and police protection, including free access
for firefighting equipment and other emergency vehicles around buildings,
the availability of fire hydrants and the installation of proper size
service waterlines.
(2)
The adequacy of provisions of drainage of surface waters and for
waste disposal.
(3)
The location and the layout of accessory off-street parking and off-street
loading spaces, the width and grading of all entrances and exits to
such spaces, the location of such exits and entrances, the degree
of visibility and the direction of major flow, together with:
(4)
The arrangements for safe and convenient pedestrian circulation on
the site and on its approaches.
(5)
The impact of the proposed layout upon the surrounding area, and
particularly upon any nearby residences, including but not limited
to:
(6)
The site, location and type of any signs and their appropriateness
in the area involved.
(7)
The arrangements for any outdoor display or storage.
(8)
The proposed landscaping and its appropriateness in the area involved.
Preservation of substantial trees is to be encouraged to the maximum
extent possible.
(9)
The arrangement of buildings, structures and open spaces on the site.
(10)
All utility services should be adequate for the purpose intended
and shall be placed underground. All utilities shall be approved by
the appropriate agencies prior to submission of the site plan to the
Planning Board.
(11)
In its review the Board shall encourage creative design of the
site to provide a more convenient and attractive layout. The Board's
review shall be concerned with all site features, including, inter
alia, accessory buildings, structures, and signs as well as the major
buildings or structures.
D.
Minor site plan waiver may be applied for if the application for
development:
(1)
Is not an existing or proposed vacant lot.
(2)
The Board determines that the proposed development will not adversely
affect existing circulation, drainage, building arrangements, landscaping,
buffering, lighting, and similar conditions; and
(3)
Where the size of any proposed addition does not exceed 25% of the
existing building.
E.
An applicant shall submit:
(1)
Twenty current copies of a survey prepared by a NJ Licensed Land
Surveyor (three sealed) of the site and 20 copies of a drawing showing
the location of all existing buildings and entrances, including height
and dimensions of buildings. The drawings may be prepared by an applicant
or a representative. The current use of the site must be indicated
on the drawing.
(2)
The applicant shall submit a letter requesting a minor site plan
waiver from the Planning Board.
(3)
Minor site plan application shall not require review by the Township
Engineer except on a case-by-case basis, as ordered by the Planning
Board.
(4)
The Planning Board shall review the application and grant the Waiver,
or refer the application for a Preliminary and Final Site Plan review
before the Planning Board.
F.
Procedure, powers and appeal.
(1)
The following procedure shall be required for approval of a site plan: The applicant shall complete 20 copies of an official application form. This application form and a copy of the regulations governing site plan review are obtainable from the Planning Board Secretary. The applicant shall supply 20 copies of the site plan drawings and supporting plans and/or documents based upon the Tax Map of the Township. The 20 copies of the application form, together with 20 copies of the site plan drawings, together with the application fee, as herein set forth, shall be submitted to the Planning Board Secretary at least 21 days prior to the meeting at which it is to be considered. All papers shall be submitted simultaneously. The minimum application fee shall be in accordance with Article X. The fee shall be paid in cash or by check made payable to the Township of Lower. The application shall contain all information required by this chapter and the regulations for site plan review and shall comply with all such requirements and regulations as therein provided or it will not be considered by the Board. The applicant shall appear before the Planning Board to present this proposal at the time of the Board's consideration of it.
(2)
In any submission under this section, the Board shall review the
application, utilizing the site review factors above noted and the
requirements of the zoning chapter, and may approve or disapprove
the proposed plan, or may approve it subject to appropriate conditions
and safeguards designed to further the general purposes of this chapter
and the specific purposes indicated above. The building permit and
certificate of occupancy shall then be made explicitly subject to
continued conformity with those conditions and safeguards.
(3)
The Planning Board shall report upon any such proposal within 90
days from the time of its referral. The report shall contain the Board's
findings and reasons for its actions. The Board's report may be postponed
for two additional periods by agreement between the Board and the
applicant, not to exceed 60 days each, and if not then acted upon,
the applicant's proposal shall be deemed approved. If the Planning
Board believes that any such proposal raises questions of unusual
public interest, the Board may hold a public hearing on such proposal
in which case notice thereof shall be published in the official newspaper
of the municipality or in any newspaper of general circulation within
the municipality at least 10 days prior to the hearing and notice
of the hearing shall be given by applicant to adjoining owners as
required in connection with a variance applicant to the Board of Adjustment.
(4)
Granting of site plan approval shall not relieve any applicant from
any provision of the zoning chapter, nor shall such approval constitute
a recommendation of any zoning variance or other relief that applicant
may thereafter seek from the Board of Adjustment.
(5)
An application form shall be obtained from the Secretary of the Planning
Board, and regulations shall contain all information hereinafter indicated.
G.
Regulations governing the application for site plan review.
(1)
Give title and location of development and the name and address of
record owner and/or development applicant, and site planner preparing
the site development plan.
(2)
Indicate proposed use or uses of the land and buildings.
(3)
Site plans should be presented at a scale no smaller than one inch
equals 50 feet, nor larger than one inch equals 20 feet; size of sheets
should not exceed 36 inches by 24 inches.
(4)
Scale and graphic scale.
(5)
North arrow in same direction on all sheets.
(6)
Submit survey of the property prepared by a licensed surveyor of
New Jersey, showing boundaries of properties, lines of all existing
streets and roads, easements, rights-of-way and areas dedicated to
public use within 200 feet of the development. Also indicated on this
sheet will be the North arrow, scale feet and graphic scale, name
and address and professional license number and seal of the surveyor
who prepared the survey.
(7)
Give names of all owners of record of all adjacent properties with
lot and block number, parcel number, Tax Map number, within 200 feet
of the property.
(8)
Show existing and proposed buildings with dimensions, showing, with
first floor elevation, present and finished grade elevations at all
corners and entrances. Present buildings and structures to be removed
are to be indicated.
(9)
Submit topographic map to delineate existing contours at two-foot
intervals, up to 10 feet beyond property lines, as well as proposed
grading and contours, wooded areas, trees (where six inches or greater
in diameter), floodplains, ponds, streams and drainage ditches, etc.
(10)
Indicate the location of all existing and proposed structures,
i.e., walls, fences, culverts, bridges, roadways, etc., with grade
elevations for each structure.
(11)
Indicate existing zones of the development site and of zones
within 100 feet of the property.
(12)
Show all existing schools and special district boundaries within
200 feet of the property. This should be shown on a separate map or
as a key map on the site plan map itself.
(13)
Indicate the distance of the property line (measured along the
center line of existing streets abutting the property) to the nearest
intersection which should be shown.
(14)
Show the boundaries of the property, building and setback lines,
lines of existing streets, lots, reservations, easements and areas
dedicated to public use.
(15)
Indicate locations of all utility structures and lines, existing
and proposed stormwater drainage on-site and off-site and from buildings
and structures, as well as telephone, power and light, water hydrant
locations, sewer, gas, etc., whether privately or publicly owned,
with manholes, inlets, pipe sizes, grades, inverts and directions
of flow.
(16)
Show location, size and nature of the entire lot or lots in
question of contiguous lots owned by the applicant or owner of record,
or in which the applicant has a direct interest even though a portion
of the entire property is involved in site plan development. Provide
on a key map, if necessary.
(17)
Show all proposed easements and public and community areas.
(18)
Indicate all means of vehicular ingress and egress to and from
the site on to public streets, showing the size and location of driveways,
curb cuts and curbing, and site lines.
(19)
Show location and design of off-street parking areas, showing
their size, and the locations of internal circulation, traffic patterns,
parking space, aisles, driveways, curbing, barriers, and wearing surface
finishes and construction.
(20)
Show location, arrangement and dimensions of truck loading and
unloading platforms and docks.
(21)
Indicate provisions for refuse and garbage disposal. Ensure
that such areas are not exposed to view, are unpolluting, covered
from weather and are secure from vandalism. Incineration of burning
units will be of such design and construction as to be approvable
by the State Departments of Health and Environmental Protection. Compactor
units will ensure completely sealed operation. Open dump areas for
garbage or refuse should be prohibited, but where they are deemed
necessary they must be enclosed and constricted with views to sight,
fire protection, sanitation and security.
(22)
Show provisions for screening or storage of equipment, attached
or separate from buildings.
(23)
Indicate all existing or proposed exterior lighting (freestanding
and/or on building) for size, nature of construction, lumens, heights,
area and direction of illumination, footcandles produced, as well
as time controls proposed for outdoor lighting and display.
(24)
Note all existing and proposed signs and their sizes, nature
of construction and locations, height and orientation, including all
identification signs, traffic and directional signs and arrows, freestanding
and facade signs and time control for sign lighting.
(25)
Indicate locations, dimensions and construction of off-site
sidewalks, on-site exits, walks and sidewalks. Provision should be
made for pedestrian safety, accessways and, where necessary, a bicycle
system and racking.
(26)
Show proposed screening of green areas and landscaping and fencing,
including a planting plan and schedule, and trees, off-site and along
road, etc. Provision should be made for maintenance.
(27)
Show improvements to adjoining streets and roads, and traffic
control devices necessary in streets or highways. Acceleration and
deceleration lanes, paving, land dedication or acquisition for roads
should be considered.
(28)
Copies of any covenants and deed restrictions intended to cover
any of the development site should be submitted.
(29)
A detailed written description, sketch, rendering or picture
of any new buildings or structures should be presented.
(30)
Preliminary architectural floor plans and elevations should
be submitted, with the name, address, professional number and seal
of the architect.
(31)
Supply appropriate places for signature and date of approval
of the Chairman and Secretary of the Board and its Engineer.
(32)
In fire prevention, consideration must be shown for service
lines, hydrants, siamese connections, automatic sprinkler system,
fire zones, no-parking fire zones and pavement and wall signs.
(33)
Flood zone and base flood elevation.
(34)
Final lot grading plan.
(35)
Show house numbers for each building lot on the final site plan
plot only.
H.
If the development plan requires CAFRA approval, the plan must be
resubmitted to the Planning Board with any conditions imposed by CAFRA
shown on the plan. Said conditions shall become a condition of Planning
Board approval.
[Amended by Ord. No. 82-22; Ord. No. 84-4;
Ord. No. 88-5]
A final submission is required of all site plans
approved at the preliminary submission stage.
A.
Procedure for submitting final site plans.
(1)
Within three years after the date of preliminary approval, the applicant shall submit to the Secretary of the Planning Board, at least 21 days prior to the first regularly scheduled monthly meeting of the Planning Board, 20 copies of the final plan; 20 copies of the completed application form; and the fee in accordance with Article X of this chapter.
B.
Details required for final plans.
(2)
All additional details required at the time of preliminary
approval shall be submitted.
(3)
The final submission shall be accompanied by the following
documents:
(a)
Certification from the Tax Collector that all
taxes are paid to date.
(b)
Certification that the applicant is the owner
of the land or his properly authorized agent, or that the owner has
given consent under an option agreement.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 400-81 of this chapter, and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
C.
Action by the Township.
(1)
Upon the submission of a complete application for
final approval, the Board shall grant or deny final approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Failure of the Board to act
within 45 days or such further time as agreed to by the applicant
shall constitute final approval. In such case, the Secretary of the
Planning Board shall certify on the plan the submission date of the
application and the failure of the Board to act within the specified
time period, and this certification shall be sufficient in lieu of
the written endorsement of the Board.
(2)
If the Board acts favorably on the final submission,
the Chairman and the Secretary of the Board (or the Acting Chairman
and Secretary where either or both may be absent) shall affix their
signatures to at least five copies of the plat or plan with a notation
that it has been approved.
(3)
If the Board, after consideration and discussion of
the final submission, determines that it is unacceptable, a notation
shall be made by the Chairman of the Board to that effect on the plat
or plan and a resolution adopted setting forth the reasons for such
rejection. One copy of the plat or plan and the resolution shall be
returned to the applicant within 21 days of such determination.
D.
Effect of final approval. Final approval of a site
plan shall confer upon the applicant the following rights for a two-year
period from the date of final approval:
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed
for final approval, the Board may extend the period of protection
for extensions of one year each, not exceeding three such extensions.
[Amended by Ord. No. 84-9; Ord. No. 89-3;
Ord. No. 89-6]
A.
Preamble.
(1)
Sand dunes represent a natural defense against the
forces of the sea, effectively absorbing the energy of storm waves.
The dune's protective value is greatly increased when the dunes are
stabilized by a covering of a well-developed dune grass or other suitable
vegetative material. When so stabilized, dunes often afford complete
protection to the land behind them unless their effectiveness has
been decreased by the acts of man. If dunes are lowered or breached
or the stabilizing vegetative covering is removed, this will allow
high storm waters to overtop the lowered section and flood the areas
behind the dunes. In some cases, this action also results in the destruction
of the remaining dune, due to accelerated erosion.
(2)
The lowering of the dunes and/or the clearing or removal
of the protective vegetation from the dune may have a deterrent effect
on the dune's ability to protect the public health, safety, and welfare.
It is therefore necessary that the Township take action to protect
the existing sand dunes and to encourage the development of new dunes.
(3)
As dunes are located at or near the beachfront, the
Township, in establishing the dune line, has attempted to define a
dune line as close to the beachfront as possible, consistent with
conserving the natural protective aspects of the dunes. It is determined
that the strength of destructive storms and waves coming from the
Atlantic Ocean is greater than those coming from the Delaware Bay,
and that the dunes along the Atlantic Ocean, by nature, fall further
from the mean high-water line than do the dunes along the Delaware
Bay.
B.
Purpose; beach and environment protection. It is the
intent of the Township not to prevent development in the dune area,
but to control development so as to prevent and eliminate conditions
which, in the event of flood and storm, threaten the public health,
safety, and welfare and also to ensure the integrity of the dune system
within the dune area to be preserved. In order to carry out this intention,
the Township hereby requires that all affected parties comply with
the following subsections of this section.
C.
DUNE
DUNE AREA
DUNE LINE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A hill of sand accumulated at or near the beachfront, usually
by natural means. It shall extend from the crest of the hill to the
base of the hill where the hill intersects the existing grade, on
every side, whether or not the grade be uniform and whether or not
the intersection may at times be below water.
That area which extends from the low-water line to the dune
line. It includes the beach and beach dune area located within the
limits designated herein.
That certain line established by the Township, whether or
not actual sand dunes are situated thereon, which is 200 feet landward
from the mean high-water line established by the US Coast Guard Geodetic
Survey, Datum of 1929, or the first parallel, paved, accepted street,
whichever is greater, where the boundary of the Township is the Delaware
Bay, and 600 feet from the mean high-water line along that portion
of the boundary beginning at the southwest bank of the Cape May Canal
and running counterclockwise to the boundary line between the Township
of Lower and Wildwood Crest, which includes the areas along the Atlantic
Ocean, and the Delaware Bay, south of the Cape May Canal.
D.
Requirement of dune area site plan approval.
(1)
It shall be unlawful to remove, cart away, or redistribute
by any means any sand or vegetation, or both, or to proceed with any
type of construction within the dune area prior to obtaining a site
plan approval by the Planning Board of the Township in accordance
with the provisions of this chapter. No building permit for any such
activity shall be issued by the Building Inspector until he has first
received written approval from the Planning Board of the Township
in accordance with the provisions of this section. The provisions
of this section shall not apply to the construction of bulkheads and
other shore protection devices that serve to protect the Township
of Lower dune system from storms, tides and other weather-related
events, subject to appropriate approvals from state and/or other governmental
authorities.
[Amended 12-17-2012 by Ord. No. 2012-22]
(2)
The above notwithstanding, Subsection D shall not apply to any construction, renovation, or other work performed entirely within or upon the existing perimeter of an existing structure.
(3)
In addition to the requirements of § 400-77, the above-mentioned dune area site plan review shall be required only where the acts referred to above fall within or affect those lands, public or private, lying within the dune area as defined herein.
(4)
Removal of sand on improved properties or public rights-of-way.
(a)
Prior to any removal under Subsection D(4)(b) and (c) below, notify the Construction Official, in writing, 24 hours prior to the time inspection is desired, after which the inspector has three working days to complete said inspection. No removal of sand shall take place prior to the written approval by the Construction Official. Said approval shall be in accordance with Subsection F.
(b)
Removal of sand for a depth of one to 36 inches
will be permissible, provided that said sand is not part of a dune
system. In addition, removal of sand for a depth of 12 inches to 36
inches requires a schematic drawing, which may be done by the property
owner, to show the proposed work to be done. The Construction Official
shall make the determination as to whether the sand is part of a dune
system.
(c)
Material removed in accordance with this section
of this chapter shall be deposited on the beach at specified locations
as designated by the Construction Official.
(5)
Failure to request the inspections or any other violation
of this section will subject violators to a fine of not more than
$500 which shall be levied at the discretion of the Construction Official,
and the dune shall be restored to the specification of the Township
Engineer. Any engineering costs incurred by the Township Engineer
during the inspections shall be the responsibility of the violator.
E.
Procedure.
(1)
Where the applicant acknowledges that a building permit
which he is seeking applies to a lot or lots, or any part thereof,
which falls within or affects the dune area as defined above, the
following steps shall be taken:
(a)
Application shall be made directly to the Secretary
of the Planning Board by submitting a site plan as defined below along
with such application forms as may be prescribed by the Planning Board.
(b)
Such application shall be in accordance with the remaining provisions of this subsection and shall also follow, where not inconsistent herewith, the provisions of § 400-77, and the completed application shall be submitted to the Planning Board not later than 21 days prior to the meeting of the Planning Board at which the application is to be considered.
(2)
Where the applicant believes that a building permit
which he is seeking does not apply to any lot or lots, or any part
thereof, which falls within or affects the dune area as defined above,
the following steps shall be taken:
(a)
The applicant shall apply for such permits in
such manner as may be prescribed elsewhere under the applicable ordinances
of the Township of Lower.
(b)
The Building Inspector shall make a preliminary
determination before the application is further considered by his
office whether the dune area as defined above is or may be involved
by or concerned with the application.
(c)
If the Building Inspector shall determine that
the dune area as defined above is not involved, he shall continue
to process the application after having noted thereon this determination.
If the Building Inspector determines that the dune area is or may
be involved, he shall notify the applicant, which applicant may thereafter:
[1]
Make application to the Planning Board directly
as provided for herein; or
[2]
Provide additional information to the Building
Inspector, including, but not limited to, a plot plan prepared by
a licensed surveyor or engineer showing the mean high-water line of
the area under consideration and the dune line as defined hereinabove.
[3]
The Building Inspector shall review the matter
again and dispose of the matter as referred to hereinabove by determining
that the dune area is not affected or by requiring the applicant to
proceed before the Planning Board before further action by the Building
Inspector.
(3)
In addition to any other applicable fees, where Planning
or Zoning Board action is required under this chapter, an application
fee of $250, not refundable, shall accompany the application when
filed with the Planning Board or Zoning Board of Adjustment.
(4)
Contents of application. All applications made to
the Planning Board pursuant to this chapter, in addition to any additional
or supplementary information which the applicant deems appropriate,
including the following:
(a)
Twenty copies of the site plan, drawn to a scale
of not less than one inch equals 50 feet, which shall include the
name of the applicant; the name of the record owner of the property
or properties in question; the name of the person preparing the site
plan; the addresses and telephone numbers of those persons heretofore
mentioned; the block and lot numbers of the parcels concerned; and
the Tax Map sheet number as reflected on the Tax Map of the Township
of Lower; the date of preparation; the scale and North arrow; a key
map showing the location of the property and its relationship to the
surrounding areas; the zone or zones in which the property in question
and the adjoining properties fall, as defined by the Zoning Ordinance
of the Township of Lower; all setback and yard dimensions; the mean
high-water line and the dune line as defined herein; and an appropriate
block to reflect the approval or disapproval by the Planning Board,
providing a space for the signature of its Chairperson and Secretary,
and the date such action was taken.
[Amended 5-3-2004 by Ord. No. 2004-11]
(b)
A grading plan, as part of the site plan, which
shall include the existing and proposed topography. At least two elevation
views, perpendicular to each other, shall be submitted showing accurately
the existing ground lines and dunes as defined above, and their relationship
to the proposed structure and proposed ground line. The grading plan
shall be accompanied by sufficient site photographs to show all dune
and vegetation development in the area.
(c)
A plan of the location of the well, and the
septic system (if applicable), shall be shown on the survey; if changes
are deemed necessary by the County Health Department, after approval
by the Planning Board, said revision shall require approval by the
Planning Board; there shall be no additional fees required for Planning
Board review of changes made pursuant to this subsection.
(d)
Such application form or forms as may be promulgated
by the Planning Board of the Township for use pursuant to this subsection.
F.
Standards and objectives. In reviewing and considering
an application made pursuant to this section, the Planning Board of
the Township shall be guided by the following standards and objectives:
(1)
Promoting the public health, safety, comfort, convenience,
prosperity, amenity, and other aspects of the general welfare, paying
special attention to the effect which the proposed changes would have
upon the deterrent ability of the dunes in the event of flood or storm.
(2)
Ensuring that the proposal will not significantly
impair the integrity and utility of the dune system within the dune
area.
(3)
Ensuring that the proposal is conducive to the orderly
development of the adjacent area, as well as the site in question.
G.
The Planning Board need not consider any application which does not comply in all respects with the provisions of Subsection E above. The Planning Board shall, in addition, consider the requirements of the other ordinances of the Township, including but in no way limited to this chapter and § 400-77. Approvals shall not be given to any application where, in the determination of the Planning Board, the utility and integrity of the dune system within the dune area will be destroyed or substantially impaired, or where the public health, safety, and welfare will be threatened in the event of flood, storm, or other natural occurrence.
