[Amended 6-15-1966 by Ord. No. 1-1988]
A.
A preliminary site plan or subdivision plat is intended to serve
as a working document in the development of a final plan or plat and
to provide sufficiently detailed information to allow an informed
decision concerning the overall acceptability of a proposed development.
B.
The preliminary site plan or subdivision plat is the basis on which
the required public hearing is held.
[Amended 6-15-1988 by Ord. No. 1-1988]
C.
In order to permit the City and the applicant to proceed with some
assurance, approval of the preliminary site plan or subdivision plat
binds the applicant and the City with respect to the following basic
elements of the development to the extent they are revealed by the
approved preliminary plan or plat:
(2)
Streets in the subdivision or land development of sufficient width
and suitable grade and suitably located to accommodate prospective
traffic and to provide access for fire-fighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the Official Map, if any, and the circulation element
of the Master Plan, if any, and so oriented as to permit, consistent
with the reasonable utilization of land, the buildings constructed
thereon to maximize solar gain, provided that no street of a width
greater than 50 feet within the right-of-way lines shall be required
unless said street constitutes an extension of an existing street
of the greater width or already has been shown on the Master Plan
at the greater width or already has been shown in greater width on
the Official Map.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
(4)
Suitable size, shape and location for any area reserved for public
use pursuant to N.J.S.A. 40:55D-44.
(5)
Reservation pursuant to N.J.S.A. 40:55D-43 of any open space to be
set aside for use and benefit of the residents of planned development
resulting from the application of standards of density or intensity
of land used contained in the Zoning Ordinance pursuant to N.J.S.A.
40:55D-65c.
(6)
Regulation of land designated as subject to flooding pursuant to
N.J.S.A. 40:55D-65e to avoid danger to life or property.
(7)
Protection and conservation of soils from erosion by wind or water
or from excavation or grading.
(8)
Conformity with standards promulgated by the Commissioner of Transportation,
pursuant to the Air Safety and Hazardous Zoning Act of 1983, N.J.S.A.
6:1-80 et seq., for any airport hazard areas delineated under that
act.
(9)
Provisions governing the standards for grading, improvement and construction
of streets or drives and for any required walkways, curbs, gutters,
street lights, shade trees, fire hydrants and water and drainage and
sewerage facilities and other improvements as shall be found necessary
and provisions ensuring that such facilities shall be completed either
prior to or subsequent to final approval of the subdivision or site
plan by allowing the posting of performance bonds by the developer.
(10)
Provisions for off-tract water, sewer, drainage and street improvements
which are necessitated by a subdivision or land development, subject
to the provisions of N.J.S.A. 40:55D-42.
(11)
Provisions ensuring in the case of a development which proposes
construction over a period of years, the protection of the interests
of the public and of the residents, occupants and owners of the proposed
development in the total completion of the development.
(12)
Provisions that require as a condition for local municipal approval
the submission of proof that no taxes or assessments for local improvements
are due or delinquent on the property for which any subdivision, site
plan or planned development application is made.
(13)
Preservation of existing natural resources on the site.
(14)
Safe and efficient vehicular and pedestrian circulation, parking
and loading.
(15)
Screening, landscaping and location of structures.
(16)
Exterior lighting needed for safety reasons in addition to any
requirements for street lighting.
(17)
Conservation of energy and use of renewable energy sources.
A.
At any time within 180 days following the entry of the preapplication conference order pursuant to Article XX hereof, the applicant may submit an application for preliminary site plan/subdivision plat approval.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Applications for approval int a preliminary site plan/subdivision plat shall be submitted to the Land Use Administrator in such number of duplicate copies as he may from time to time require. A nonrefundable application fee and, where required, an escrow fee, as established pursuant to Part 1, Article III, of this chapter to help defray administrative costs, shall accompany each application.
[Amended 6-15-1988 by Ord. No. 1-1988]
C.
The application shall be in such form and shall contain such information
and documentation as shall be prescribed from time to time by the
Land Use Administrator, but shall in all instances, unless an order
of the Planning Board entered pursuant to § 163-82C or 163-90B
provides otherwise, contain at least the following information and
documentation, which information and documentation, taken together,
shall constitute a preliminary site plan/subdivision plat:
(1)
The applicant's name and address and his interest in the subject
property.
(2)
The owner's name and address, if different than the applicant, and
the owner's signed consent to the filing of the application.
(3)
The names and addresses of all professional consultants advising
the applicant with respect to the proposed development.
(4)
The street address and legal description of the subject property.
(5)
The names and addresses of all owners of property located within
200 feet of the subject property as shown in the latest property tax
records.
(6)
The zoning classification and present use of the subject property.
(8)
Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed development, including a statement
of all legal, beneficial, tenancy and contractual interests held in
or affecting the subject property and including an up-to-date certified
abstract of title or commitment for title insurance.
(9)
A written statement generally describing the proposed development
and the market which it is intended to serve; its relationship to
the Master Plan, the capital improvements program and the Official
Map; and how the proposed development is to be designed, arranged
and operated in order to permit the development and use of neighboring
property in accordance with the applicable regulations of this chapter.
The statement shall include a description of the applicant's planning
objectives, the approaches to be followed in achieving those objectives
and the rationale governing the applicant's choices of objectives
and approaches.
(12)
A statement of the applicant's intent with respect to the ownership,
sale and leasing of the various completed units, structures, spaces
and areas within the proposed development.
(13)
If the development is proposed for construction in stages or
units during a period extending beyond a single construction season,
a schedule for the development of such stages or units, stating the
approximate beginning and completion date for each such stage or unit;
the proportion of the total public and private open space and the
proportion of each type of proposed land use to be provided or constructed
during each such stage; and the overall chronology of development
to be followed from stage to stage.
(14)
If any stage or unit is proposed to contain a proportion of
open space or other public or private recreation or service facilities
less than its proportion of other proposed land uses, a statement
of what bond, credit, escrow or other assurance is proposed to ensure
the development or provision of such open space or other facility.
(15)
Evidence of the financing plan the applicant proposes to use
to complete the proposed development. Evidence of the applicant's
prior successful completion of projects of similar scope may, if found
sufficient by the Planning Board, be accepted in satisfaction of this
requirement.
(16)
Traffic, transit and pedestrian circulation studies indicating
the relationship of the proposed development to existing and projected
transit, vehicular and pedestrian traffic volumes and use in the immediate
area, based upon both existing and proposed or planned traffic, transit
and pedestrian systems and use and indicating any proposals of the
applicant for upgrading those systems.
(17)
Studies indicating the adequacy of existing or proposed public
improvements, public sites and rights-of-way and essential public
or quasi-public facilities and services, such as transportation, police
and fire protection, social and health services, education, recreation,
sanitation and energy facilities and supplies, and indicating any
proposals of the applicant for upgrading those improvements, sites,
services and facilities. Such studies shall, when required by the
Planning Board, include a full energy impact assessment prepared in
accordance with the Board's regulations pertaining thereto.
(19)
An analysis of any dislocations of either residences or business
establishments that will result from the proposed development, together
with any proposals the applicant may have for ameliorating the impacts
of its development upon those whom it will displace.
(20)
A summary of the public improvements, public sites and rights-of-way
and public or quasi-public facilities, if any, which the applicant
proposes to construct, contribute or dedicate to the public in light
of the impact of its proposed development upon existing improvements
and facilities and the general health, safety and welfare of the community.
(21)
A preliminary site plan or subdivision plat based on the latest
Tax Map information and of a standard size not less than 15 x 21 inches
as required by the Map Filing Act,[3] drawn to a scale of not more than 100 feet to the inch,
on one or more sheets, illustrating the proposed development and use
and including the following:
(a)
Key map. The plan or plat shall include a key map showing the
entire proposed development and the proposed street pattern, if any,
within it and the relationship of the tract to the surrounding area,
with the proposed development shown in place.
(b)
Identification and Tax Map information. The plan or plat shall
have clearly indicated on it the following information:
[1]
The name and address of the applicant and, if different, the
owner.
[2]
The name of the proposed development.
[3]
The date of preparation of the plan or plat.
[4]
Scale, reference meridian and North point.
[5]
The name and address of the person who prepared the plan or
plat.
[6]
The name, address and phone number of the person to be contacted
concerning any questions on the proposed development.
[7]
The area of the subject property in square feet and in acres
to the nearest tenth of an acre.
[8]
The Municipal Tax Map plat, block and lot numbers of the existing
lots, if any, on or within 200 feet of the subject property and of
proposed lots, if any, and the number of new lots or parcels, if any,
to be created, tabulated by each separate use as proposed.
[9]
Existing zoning classifications of the subject property and
properties within 200 feet of the subject property and any proposed
changes in such classifications.
[10]
The location of existing and proposed property
lines and existing and proposed building setback lines from streets
or roads.
[11]
Substantially accurate measurements of each lot
or parcel showing front, side and rear lot dimensions.
(c)
Survey. The plan or plat shall include a survey, certified by
a registered land surveyor, showing the property boundary lines and
dimensions, available utilities and easements, roadways, rail lines
and public rights-of-way crossing and adjacent to the subject property.
(d)
Natural features. The plan or plat shall show any significant
natural, topographical or physical features of the property.
[Amended 6-15-1988 by Ord. No. 1-1988]
(e)
Circulation layout and planting strips. The plan or plat shall
show:
[1]
The location, dimensions and number of all existing and proposed
vehicular and pedestrian circulation elements within or abutting the
proposed development, including streets and roadways, driveways, entrances,
curbs, curb radii, curb cuts, parking stalls, loading spaces and access
aisles; site triangles at all intersections; and sidewalks, walkways
and pathways. Slope and gradient of vehicular elements shall be shown.
[Amended 6-15-1988 by Ord. No. 1-1988]
[2]
Typical cross sections of all new streets and roads shall clearly
indicate the type and width of pavement and the location of curbs,
sidewalks, shade trees and noise abatement planting strips to be provided.
(f)
Contours. Existing contours, referenced to United States Geological
Survey datum, shall be shown at two-foot intervals, except that in
areas where the slope exceeds 5%, contour intervals may be five feet.
Any proposed regrading shall be shown.
(h)
Soil erosion. A soil erosion and sedimentation control plan,
pursuant to the requirements of N.J.S.A. 4:24-39 et seq., and the
standards for Soil Erosion and Sediment Control in New Jersey adopted
by the Cape-Atlantic Soil Conservation District.
(j)
Easements. The location and extent of existing and proposed
drainage and conservation easements, stream encroachment lines and
utility easements.
(k)
Existing water bodies. The plan or plat shall show location,
extent and normal high, normal low and mean water level elevation
of all existing or proposed water bodies on or within 200 feet of
the subject property. Swamps or swampy areas, whether permanent or
seasonal, marshes and wetlands are to be designated.
[Amended 6-15-1988 by Ord. No. 1-1988]
(l)
Storm drainage. The plan or plat shall also show or be accompanied
by plans and computations for any storm drainage systems, including
the following:
[1]
Drainage patterns: existing and proposed overland drainage patterns.
[2]
Storm sewer details: all existing or proposed storm sewer lines
on or within 200 feet of the subject property, showing size of lines,
direction of flow, slope and the location of each catch basin, inlet
and manhole, if any.
[3]
Dry wells and water control: the location and extent of any
existing or proposed dry wells, groundwater recharge basins, retention
or detention basins or other water control or conservation divides.
Percolation test results for the area of any proposed dry well shall
be submitted.
(m)
Sanitary facilities. The plan or plat shall show or be accompanied
by plans showing existing and proposed sanitary sewerage facilities
serving the proposed development, including the following:
[1]
Sanitary sewer distributor: the location, size, direction of
flow and slope of all existing and proposed sanitary sewer lines and
pumping stations serving the proposed development and all existing
and proposed connections to existing facilities.
[2]
On-site treatment or holding facilities: the location, size,
type and capacity of any proposed on-site sanitary sewage treatment
or holding facilities.
[3]
Percolation tests: if on-site sewage disposal is contemplated,
results of percolation tests at suitable locations within the tract
showing location, logs and elevations of all test holes.
(n)
Water supply. The plan or plat shall show existing and proposed
connections to the public water system and existing and proposed water
mains serving the proposed development and distribution lines on the
subject property.
(o)
Public utilities. The plan or plat shall show all existing and
proposed gas, electric and telephone lines, mains and related facilities
serving the proposed development.
(p)
Proposed development. The plan or plat shall contain at least
the following details with respect to the proposed development:
[1]
The location, size, use and arrangement of proposed buildings
and existing buildings which will remain, if any, including outside
dimensions, height in stories and feet, floor area ratio, total floor
area, total square feet and percent of ground area coverage and the
number and size of dwelling units, rooming units and individual commercial,
resort or industrial units.
[2]
Minimum yard dimensions and, where relevant, relation of yard
dimensions to the height of any building or structure.
[3]
The location, size and arrangement of all outdoor signs, lighting
and refuse storage areas. Lighting details shall include the type
of standards, location, radius of light and intensity in footcandles.
[4]
The location and height of fences or screen plantings and the
type or kind of building materials or plantings to be used for fencing
or screening.
[5]
Preliminary sketches of proposed structures.
[6]
A preliminary landscaping plan.
[7]
A preliminary plan of the proposed treatment of the perimeter
of the proposed development, including materials and techniques to
be used.
[8]
The location and total area of all usable open space, designated
as public or private.
[9]
The location, designation and total area of all land to be dedicated
or reserved for public use.
(q)
Surrounding development. The plan or plat shall show the location,
use, size and height, in stories and feet, of structures and other
land uses on properties within 200 feet of the subject property and
all access points to such uses.
(r)
Development summary. The plan or plat shall include a tabulation
of the following information:
[1]
The total number of dwelling units and rooming units proposed
by type of structure and number of bedrooms.
[2]
The total square feet of building floor area proposed for commercial
uses, for resort uses and for industrial uses by general type of use.
[3]
The proposed number of off-street parking and loading spaces
for each proposed type of land use.
[4]
The total land area, expressed in square feet and as a percent
of the total development area, proposed to be devoted to residential
uses, by type of structure; commercial uses; resort uses; industrial
uses; public and private open space; streets; off-street parking and
loading areas; pedestrian circulation elements and miscellaneous impervious
areas.
[5]
Copies of any easements, declarations or convenants that are
to be recorded in connection with the approval of the preliminary
plan or plat.
[6]
A statement summarizing all changes which have been made in
any document, plan, data or information previously submitted, together
with revised copies of any such document, plan or data.
[7]
Such other and further information or documentation as the Planning
Board may deem necessary or appropriate to a full and proper consideration
and disposition of the particular application.
[3]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(22)
Energy impact statement. Such statement shall include the following:
(a)
An analysis, with documentation, of the annual energy demand
anticipated to be generated by the proposed development in terms of
Btu's, the type and quantity of fuels and the energy systems which
would meet this demand.
(b)
Information on energy conservation measures which the proposed
project would employ and other pertinent data as needed for the assessment
of the energy-conserving conserving potential of the project.
(c)
Identification of the constraints, if any, which would restrict
the energy conservation potential of the development.
(23)
A certificate from the City Tax Collector certifying that no
taxes or assessments are due or delinquent on the subject property.
[Added 6-15-1988 by Ord. No. 1-1988]
A.
Upon receipt of an application for preliminary site plan/subdivision
plat approval, the Land Use Administrator and the City Engineer shall
review it for completeness and compliance with the provisions of this
chapter and shall promptly notify the applicant, in writing, of any
deficiency either in the application or the required fee. Unless the
applicant is informed, in writing, by the Land Use Administrator within
45 days following the actual submission of the application that it
is deficient, the application shall be deemed complete as of the date
it was submitted.
[Amended 6-15-1988 by Ord. No. 1-1988]
B.
Upon determining that the application is complete, the Land Use Administrator
shall retain sufficient copies of the application for his review and
files and shall distribute duplicate copies of the application as
follows:
(1)
To the members of the Planning Board.
(2)
To the City Engineer.
(3)
To the City Tax Assessor.
(4)
To the City Health Officer.
(5)
To the City Fire Protection Subcode Officer.
(6)
To the City Construction Official.
(7)
To such other officials of the City as the Land Use Administrator
shall consider appropriate.
(8)
To such consultants of the City as the Planning Board may direct.
[Amended 6-15-1988 by Ord. No. 1-1988]
Prior to the final date for Planning Board action pursuant to § 163-102 below, the Land Use Administrator and each City official or consultant to which the application has been referred shall file a written report thereon with the Planning Board, setting forth recommendations for changes in the plans, if any, and for conditions on approval, if any, necessary to bring such plan into compliance with any applicable federal, state, county or City law, ordinance, regulation, plan or program or to eliminate or minimize any adverse effects of the proposed development on those aspects of the public health, safety and general welfare of the community for which such official or consultant has special responsibility. One copy of each such report shall be filed with the Land Use Administrator and made available to the applicant and other interested persons pursuant to § 163-198J of this Part 5.
[1]
Editor's Note: Former § 163-100, Priority for specified
applications, was repealed 6-15-1988 by Ord. No. 1-1988.
[Amended 6-15-1988 by Ord. No. 1-1988]
[Amended 6-15-1988 by Ord. No. 1-1988]
A.
Within the time limits established by Subsection B below and subject to the provisions of § 163-199 of this Part 5, the Planning Board shall render its decision, in the manner and form specified by § 163-23, either granting the application for preliminary site plan/subdivision plat approval; granting it subject to conditions, as specified in § 163-104 below; or denying the application. The failure of the Board to act within the time limits established by Subsection B below or such longer period of time as may be agreed to by the applicant shall be deemed an approval of the application. Within 10 days following such decision or the expiration of such period, the Land Use Administrator shall publish notice and mail a certificate of such decision or failure to act to all parties entitled thereto as provided by § 163-200 of this Part 5.
B.
The Planning Board shall act on an application for preliminary site
plan/subdivision plat approval within the following time periods:
(1)
For developments involving 10 or fewer acres and 10 or fewer
lots, within 45 days following submission of a complete application.
(2)
For developments involving more than 10 acres or more than 10
lots, within 95 days following submission of a complete application.
(3)
For development requiring planned development, conditional use
or variance approval, within the time allowed for such approval if
longer than the time allowed pursuant to the foregoing subsections.
No application for preliminary site plan/subdivision plat approval shall be granted unless the Planning Board shall find that, based on the information presented to it, it is probable that the proposed development would, upon presentation of a final plan or plat pursuant to Article XXIII hereof, merit approval on the basis of its compliance with each of the standards established for site plan/subdivision plat approval pursuant to §§ 163-127 through 163-133 hereof.
A.
In granting approval of a preliminary site plan/subdivision plat, the Planning Board may impose such restrictions and conditions upon the approval, the proposed development or the subject property as may be necessary, in its opinion, to achieve the purposes of this chapter and the site plan/subdivision plat approval process, to ensure the compliance of the proposed development with the standards established pursuant to §§ 163-127 through 163-133 or to prevent or minimize any adverse effects of the proposed development upon properties in the neighborhood and upon the general health, safety and welfare of the entire community.
B.
Every preliminary plan or plat approval shall be conditioned upon the timely submission of a final plan or plat in compliance with the provisions of Articles XIX through XXV and upon the applicant's continuing compliance with applicable laws, ordinances and regulations and all conditions imposed pursuant to such approval.
C.
All conditions imposed upon any preliminary plan or plat approval,
except to the extent made applicable to all such approvals by the
express terms of this chapter, shall be expressly set forth in the
resolution granting such approval. The violation of any condition
upon any such approval shall be a violation of this chapter and shall
be sufficient basis for revoking preliminary site plan/subdivision
plat approval and for denying any further approval required pursuant
tin this chapter or any other ordinance of the City of Atlantic City.
[1]
Editor's Note: Former § 163-105, Action by applicant,
was repealed 6-15-1988 by Ord. No. 1-1988.
Unless the applicant shall fail to timely file a final plan
or plat or shall fail to proceed with development in accordance with
the provisions of this chapter and the preliminary plan or plat as
approved or shall in any other manner fail to comply with any provision
of this chapter or any condition of any approval granted pursuant
to it, a preliminary site plan/subdivision plat which has been approved
or approved subject to conditions which have been accepted by the
applicant shall not be modified, revoked or otherwise impaired, pending
the application for approval of a final site plan/subdivision plat,
by any action of the City without the consent of the applicant.
A.
Unless a final site plan/subdivision plat covering at least the area designated in the preliminary site plan/subdivision plat as the first stage or unit of the proposed development has been filed within three years following the date the Planning Board grants preliminary site plan/subdivision plat approval or in any case where the applicant fails to proceed with development in accordance with the provisions of this chapter and the approved preliminary site plan/subdivision plat or fails in any other manner to comply with the provisions of this chapter or any approval granted pursuant to it, the preliminary plan/plat approval shall expire and be of no further force or effect unless the Planning Board shall, upon written request of the applicant, waive any failure of compliance or, to the extent permitted by Subsection B below, grant an extension of the time specified in this subsection.
B.
Following the approval of a preliminary site plan/subdivision plat,
the Planning Board may, upon written request of the applicant, grant
an extension of such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
from the original expiration date of the preliminary approval; provided,
however, that in the case of a preliminary site plan/subdivision plat
for an area of 50 acres or more, the Planning Board may, in orginally
granting preliminary approval, provide that the preliminary approval
shall not expire for such period of time, longer than three years,
as shall be determined by the Planning Board, taking into consideration
the number of dwelling units and the nonresidential floor area permitted
pursuant to the preliminary approval, economic conditions and the
comprehensiveness of the development, In the case of any such development
of 50 acres or more, the applicant may apply for and the Planning
Board may grant extensions of the preliminary approval for such additional
periods of time following the original expiration date as shall be
determined by the Planning Board to be reasonable, taking into consideration
the number of dwelling units and the nonresidential floor area permitted
by the preliminary approval, the potential number of dwelling units
or nonresidential floor area of the stage or stages of the development
awaiting final approval, economic conditions and the comprehensiveness
of the development. If the standards for approval of a preliminary
site plan/subdivision plat have been revised at the time a request
for extension is made pursuant to this subsection the Planning Board
may, in its discretion, apply the revised standards to the request
for extension.
C.
Upon the grant of final approval for any stage or unit of the proposed
development, the time period during which the preliminary approval
is to remain in effect pursuant to this section shall expire as to
that stage or unit.
A.
At any time following the approval of a preliminary site plan/subdivision
plat, the applicant may, pursuant to and subject to the limitations
of the applicable codes and ordinances of the City, apply for and
receive grading permits and approvals necessary for the installation
of public improvements and private roads within the area of the proposed
development for which preliminary approval has been given.
B.
If expressly authorized by the approval of the preliminary site plan/subdivision
plat, the applicant may, pursuant to and subject to the limitations
of the applicable codes and ordinances of the City, apply for and
receive building permits for model buildings or temporary structures
to be constructed within the area of the proposed development.
