City of Port Republic, NJ Article VIII Subdivision and Site Plan Review

§ 160-90 Grant of power; County Planning Board approval.

A. Pursuant to the provisions of N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the County Clerk. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, except that minor subdivision or individual lot applications for detached one-dwelling-unit buildings shall be exempted from such site plan review and approval unless they are within the Historic District (See § 160-44.), provided that the resolution of the Zoning Board of Adjustment shall be substituted for that of the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 54-41B[1] of this chapter.

[Amended 4-13-1982 by Ord. No. 20-1982]

[1] Editor's Note: Original § 54-41B of Ch. 54 of the 1982 Code was repealed 3-14-2006 by Ord. No. 01-2006.

B. Each application for subdivision and/or site plan approval, where required pursuant to N.J.S.A. 40:27-6.3 and 40:27-6.6, shall be submitted by the applicant to the County Planning Board for review and approval, and the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

C. In the Pinelands Area, no zoning permit shall be issued unless the development application conforms to the application and review procedures set forth in Article XIII and the development standards of Article XIV.

[Added 9-11-1990 by Ord. No. 08-1990]

§ 160-91 Application procedure.

A. The applicant shall submit 10 copies of his complete application for subdivision, site plan or conditional use approval to the City Clerk. The time for the reviewing board to act shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing of the deficiencies therein by the board or by the City Clerk within 45 days of submission of such application, it shall be deemed to be properly submitted.

[Amended 2-12-1980]

B. A complete application for preliminary approval of a subdivision, site plan or conditional use shall consist of the following:

(1) A properly completed application form.

(2) The required fee or fees as set forth in this chapter.

(3) An environmental impact statement for all development within the Rural Residential-Environmental Limitations District and the Conservation-Recreation District and for all major subdivisions or major site plans within all of the zoning districts.

(4) A properly completed plat.

C. A properly completed plat for a minor subdivision shall include the following:

(1) Scale, not to exceed one inch equals 50 feet.

(2) Locator map showing all road intersections and waterways within 500 feet or the nearest intersection, whichever is most distant.

(3) Title of project of development, if any; names, addresses and titles of applicant, record owner and person preparing map; New Jersey professional license number and seal of engineer, architect, land planner or surveyor preparing plan, and number of lots proposed.

(4) Place for signature of all official approvals required.

(5) Tax Map lot and block numbers for site being considered for review; date of drawing; north arrow.

(6) Names of owners of record, lot and block numbers of all contiguous land and adjacent property, including lots across any official street, showing approximate locations of existing structures.

(7) Indication of the zoning district in which the property being reviewed falls and the zone district of all property within a two-hundred-foot radius; acreage of the entire parcel and of all lots proposed.

(8) All lot lines and boundaries of the parcel with dimensions and bearings of lot lines for all lots, with existing lot lines to be eliminated to be clearly indicated; setbacks (front, sides and rear) of all existing or proposed principal buildings and all accessory structures, if any. All distances shall be in feet and decimals of a foot and all bearings and angles shall be given to the nearest 10 seconds.

(9) The outside dimensions of existing and/or proposed principal buildings and all accessory structures for the property and within 200 feet of the property.

(10) The entire property in question shall be shown even though only a portion of said property is involved in the plan; provided, however, where it is physically impossible to show the entire property on the required street, a separate map at an appropriate scale may be submitted.

(11) Significant existing physical features, including streams, lakes, watercourses, rock outcrops, swampy soil, ponds, marshes, woods, including the location of existing low and high points with previous flood levels if known.

(12) All driveways and streets within 200 feet of site and all distances as measured along the center lines of existing streets to the nearest intersecting street.

(13) All existing and proposed utility lines within and adjacent to the subject property, whether publicly or privately owned. If any existing utility lines are underground, the estimated location of the utility lines shall be shown.

(14) Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses. Existing or proposed covenants or deed restrictions for all or part of the land shall be referenced as shown.

(15) In the Pinelands Area, the application requirements set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

D. A properly completed plat for a major subdivision shall include the following:

(1) All of those items required on a minor subdivision plat as set forth in Subsection C.

(2) An indication of a solution to the stormwater drainage, showing location of inlets, pipes, swales, berms and other storm drainage facilities, including roof leaders. Runoff calculations, direction of flow and pipe sizes may be required by the reviewing engineer or board.

(3) Existing and proposed contours of site at two-foot intervals for areas having less than a five-percent grade at ten-foot intervals for areas above a five-percent grade. Existing contour lines shall be shown by dash lines. Proposed grade changes shall be shown by solid lines. Spot elevations may be shown in lieu of contour lines if they clearly indicate existing and proposed grades. Spot elevations shall be given at all four lines, building corners, center lines of abutting roads, top and bottom of curbs, property corners and other pertinent locations as required to clearly show intent. Elevations shall be based upon United States Coast and Geodetic Survey data.

(4) A statement of how the sanitary sewerage system will be designed; the location for an on-site sewerage system. Percolation test holes, results and soil log data shall be shown for new septic systems.

(5) Water supply system, existing and/or proposed.

(6) Method of solid waste disposal.

(7) Center-line profiles and cross sections of all proposed streets, showing widths of roadways and sidewalks, if any.

(8) Any extension of off-tract improvements necessitated by the proposed development.

(9) A soil erosion and sedimentation control plan pursuant to the requirements of N.J.S.A. 4:24-39 et seq.

(10) In the Pinelands Area, the application requirements set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

E. A properly completed plat for a site plan shall include the following:

(1) All of those items required on a minor subdivision plat as set forth in Subsection C and all of those items required on a major subdivision plat as set forth in Subsection D.

(2) Location, dimensions and details of all fences, signs and exterior lighting, including types of standards. Radius of light and intensity in footcandles may be required by the reviewing engineer or board.

(3) Plans of off-street parking layout and off-street loading facilities, showing location and dimensions of all existing and proposed individual parking spaces, curbs and sidewalks, if any, loading area, aisles, traffic patterns and driveways for ingress and egress, with curb cuts shown and refuse and disposal areas indicated. Material of finished parking surface shall be indicated.

(4) Typical floor plans and elevations, including the type of structure proposed, front and side elevations drawn to scale and architectural renderings, as may be required by the reviewing board.

(5) Location of all existing tree masses, indicating sizes and predominant species; an indication of the areas to be landscaped and area denoted as buffer strips. For buffer strips, general size and character of plants to be utilized shall be indicated:

(6) In the Pinelands Area, the application requirements set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

F. Environmental impact statement. The environmental impact statement shall be prepared, when necessary, using an interdisciplinary approach. The qualifications of the person or persons who prepare each of the various sections of the statement shall be identified. Each major section of the statement shall be clearly identified and shall begin on a separate page. Maps, plans and aerial photographs submitted as a part of the statement shall be at appropriate scales to facilitate comparative analysis and assessment of environmental impact.

[Amended 4-12-1988 by Ord. No. 89-1988]

(1) The environmental impact statement shall contain the following elements as specified below:

(a) Cover page. The cover page shall indicate the name of the applicant; the name of the proposed development; the location of the proposed development within the City by lot and block, as well as street or road location; the person, persons or firm that prepared the statement; and the preparation date and any revision dates.

(b) Executive summary. A one-page summary containing the following elements shall be placed at the beginning of the environmental impact statement: a brief description of the proposed development; a summary of major beneficial and adverse environmental impact; a summary of major alternatives considered; municipal, county, state and federal approvals required or received for the development; and any other information deemed appropriate.

(c) Table of Contents. The environmental impact statement shall contain a Table of Contents indicating the page number of the major sections and subsections, as well as any appendixes and accompanying exhibits.

(d) Inventory. The applicant shall succinctly describe the existing environmental conditions of the site and surrounding region in sufficient detail to assist in the location and design of the development, provide a basis for the applicant's assessment of the probable beneficial and adverse impacts of the proposed development and enable the reviewing board to make the findings for approval.

(e) Project description. The applicant shall succinctly describe the proposed development. The project description shall include the within text as well as graphic materials. Reference may be made to any subdivision or site plan which may contain must of the project description requirement.

(f) Assessment. The applicant shall assess the probable beneficial and adverse impacts of the proposed development on both the man-made and natural environment, as described in the inventory section. Where appropriate or necessary, on-site primary impacts and off-site secondary impacts shall be assessed. Specific assessment requirements vary depending upon the sensitivity of the land and water features of the site and the scale and complexity of the proposed development.

(g) Unavoidable adverse environmental impacts. The applicant shall describe probable adverse environmental impacts of the proposed development that cannot be avoided.

(h) Techniques to minimize adverse environmental impact. The applicant shall describe the steps to be taken to minimize or avoid adverse environmental impacts during the development's construction, operation or removal, both at the site and in the surrounding region.

(i) Alternatives. The applicant will briefly identify, describe and analyze design alternatives. The discussion of design alternatives shall include an evaluation of design alternatives that might avoid or minimize some or all of the probable adverse environmental impacts of the development. The applicant shall summarize the costs and benefits of the design alternatives. A brief summary of the reasons for the acceptability or nonacceptability of each alternative will be given. Where appropriate, the applicant shall briefly state alternative uses of the site considered and the reason for rejection.

(j) Other required licenses, permits and approvals. The applicant shall list all known licenses, permits and other approvals required by municipal, county, state or federal law or regulation with construction or operation of the proposed development. The status of each shall be identified.

(2) Inventory and plan elements shall be as follows:

(a) General site location map. The site of the proposed facility shall be located generally on a United States Geological Survey Map of the City.

(b) A site location map and existing site conditions.

(c) Geology and soils. A map and text shall identify and describe the physical features of the site, including but not limited to:

[1] Soil types, as classified and mapped by the United States Soil Conservation Service,[1] New Jersey Pinelands Commission, and verified on site by a competent professional, i.e., soils engineer.

[1] Editor's Note: The Soil Conservation Service is now known as the Natural Resources Conservation Service (NRCS).

[2] Engineering soil classification, as mapped by the Soil Conservation Service, United States Department of Agriculture.

[3] An engineering design characteristics chart indicating the following information for each engineering soil classification within the site:

[a] Limitations of soils for road cuts and fills.

[b] Road alignment characteristics.

[c] Limitations of soils for embankments.

[d] Pavement support characteristics.

[4] The location, nature and thickness of any areas containing landfill materials on and within 2,000 feet of the site, a description of the landfill materials and the appropriate beginning and cessation dates of landfill activities.

[5] Potentially valuable minerals, gravel or other subsurface resources of the site shall be identified.

[6] A soil erosion and sediment control plan.

(d) Hydrology. A topographic map of the site and its surroundings to a distance of 300 feet with contour intervals consistent with the Port Republic Subdivision and Site Plan Review Regulations.

[1] Surface water.

[a] Existing natural and man-made watercourses, including drainageways, swales and water control structures, on and within 300 feet of the site, with their location, width, slope, capacity and direction of flow.

[b] Flood hazard areas or flood-prone areas with a cross section of watercourses at an appropriate scale and at appropriate intervals along the watercourse showing the extent of floodplain, top of bank, normal water level and bottom elevation.

[c] Existing lakes, ponds, bays and estuaries within or adjacent to the site, with location, extent and water level elevation.

[d] Existing storm drainage systems, including storm sewers, drainage ditches and retention or detention basins, on or adjacent to the site, with location, extent, capacity and direction of flow.

[e] Existing stormwater runoff from the project site and upstream watershed areas and calculations used to determine the same.

[f] Existing slope analysis, with slopes of 0-1%, 2-4%, 5-9%, 10-14% and 15% or more delineated.

[2] Groundwater:

[a] Aquifer recharge areas.

[b] Direction of groundwater movement.

(e) Water quality.

[1] Surface water. A water quality inventory of such water bodies directly affected by the proposed facility shall be prepared utilizing existing authoritative sources of information, including but not limited to the Atlantic County Board of Health, Department of Environmental Protection, United States Geological Survey, United States Environmental Protection Agency or the Pinelands Commission. The classifications of such affected water bodies, their water quality standards and their status in meeting the established water quality standards shall be described. Existing restrictive uses of these water bodies shall be identified. The need to present additional data shall be based upon the relative sensitivity of the water body affected.

[2] Groundwater. Where groundwaters are to be utilized for potable water supplies, the water quality inventory shall include established drinking water standards and water quality standards established for groundwaters. Proposed well sites shall be marked on a project site map.

(f) Water supply. If potable water is not provided from on-site wells, the existing and proposed potable water supply system available to the site shall be identified and described in maps and text indicating:

[1] The source of supply.

[2] The adequacy of supply, including current and anticipated maximum water demand within the entire serviced area, as available by the owner of said supply.

[3] The pressure and volume of water available.

(g) Wastewater treatment facilities.

[1] The existing and proposed wastewater treatment facilities available to the site shall be identified and described in maps and text.

[2] Proposed facilities, including:

[a] The design capacity, type of treatment to be provided and location of outfall.

[b] Applicable water quality standards and effluent limitations.

[3] Where individual septic tanks are proposed, indicate:

[a] The location of registered or licensed water supplies within 500 feet of the project.

[b] Field data describing results of soil borings, percolation tests and seasonally high groundwater table conditions, with specific locations of (including the dates of these tests). Soil borings shall be classified by the Unified Soil Classification System.

(h) Utilities plan. The site plan or a separate plan shall identify, locate and describe the proposed type and capacity of the following utilities, where applicable, which serve the site or which are proposed to serve the site.

(i) Vegetation. A map and text shall identify and describe the vegetation of the site, including but not limited to the following items:

[1] The vegetation types present, indicating the major species by scientific and common name, indicating both overstory and understory species.

[2] The general character and diameter size of major stands of trees.

[3] The location of all specimen trees and all trees with a diameter of 18 inches or greater and the location and description of threatened or endangered plants.

(j) Wildlife species. A map and text shall identify and describe the wildlife on the site, including but not limited to the following items:

[1] A list of wildlife species present by their common and scientific names.

[2] The location and character of distinct wildlife habitats that are important to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife and threatened or endangered species.

[3] A wildlife management plan shall be submitted indicating:

[a] The areas of open space designed to support elements of a wildlife management plan.

[b] A landscape plan which includes plants with food and habitat value to wildlife.

[c] The utilization of stormwater detention/retention ponds or multipurpose recreational areas for wildlife management purposes.

[d] The protection of critical habitats of threatened and endangered species.

(k) Public services.

[1] Existing public and private services relevant to the proposed facility and available at the site and its surrounding region shall be described and plotted on a map with appropriate service routes being marked. Such services shall include but not be limited to police and fire protection, first aid and ambulance services, health services, public and private educational facilities, school bus routes, public bus routes, facilities, cultural facilities, etc.

[2] All such facilities shall be categorized by type, existing capacity to serve and potential capacity based upon the projected use and reserve capacity.

(l) Transportation. The transportation impact report is designed to identify the traffic impacts that are generated by a proposed use or uses and to identify all improvements required to ensure safe ingress and egress, maintenance of adequate roadway capacity and elimination of hazardous conditions, as related to a proposed development.

(m) The historic resources of the site and its relevant surrounding region shall be described via mapping and a detailed narrative description. Areas and sites of archaeological, architectural, anthropological and historic significance, including those proposed for nomination or inclusion in the National and State Register of Historic Places, shall be identified, described and located on an appropriately scaled map or maps. An awareness of both above- and below-ground cultural resources, if any, should be documented in this section, which should include a synopsis of the effort and method that is the basis for these findings. In the accomplishment of the above, the following items must be identified or provided:

[1] The qualification of the person or persons preparing the historic and archaeological resource analysis.

[2] An outline of the methodology to be provided in making determinations of historic or archaeological significance.

[3] The identification and inventory of all potential landmarks, buildings, archaeological, etc., resources within the site or contiguous to it.

[4] If an inventory of the site reveals or involves historic buildings, archaeological artifacts or historic resources, the applicant shall specifically outline a course of action for preservation and/or treatment.

[5] If any clearance or demolition of an historic site, landmark or building is proposed, the request for such action shall be clearly set forth at the outset of the review process.

(n) Air quality. The existing air quality of the site and its surrounding region shall be evaluated and described using existing monitoring data collected by and available from state, county or other sources.

(o) Landscape. A detailed landscaping analysis and plan shall be provided indicating the complete scope of existing and proposed landscaping to be incorporated within the overall project design. A maintenance plan shall be provided with schedules and details for lawn care; tree care; shrub care; ground cover maintenance; weed, disease and pest control; fertilization; an irrigation system and other necessary services.

(p) Noise quality. The applicant shall provide an inventory of existing noise levels and shall detail the noise quality impacts of the project. The applicant must show conformance by the project with the most stringent applicable state or federal regulations, including but not limited to New Jersey Department of Environmental Protection noise control regulations and Housing and Urban Development site acceptability standards.

(q) Architectural design and aesthetics plan. The applicant will provide the general design of the proposed plan by providing cross sections of buildings, elevations, sketches, renderings, photographs and scale models as appropriate. Building materials, textures and color schemes will be described. When necessary, perspective views of the project from several on-site and off-site vantage points shall be provided.

(r) Fiscal impact. The fiscal impact of the project must be set forth. This report should include the number of dwelling units by type, the nonresidential square footage by type of use, the number of units for sale versus the number of units to be rented, the population generated by the project by demographic characteristics and anticipated costs for off-tract improvements. Residential projects shall utilize the methodology described in Fiscal Impact Analysis by Burchell and Listokin or such other methodology as may be approved by the reviewing board. Nonresidential projects shall utilize standard analytical techniques.

G. The City Clerk shall distribute the subdivision plat, site plan or conditional use application for review and report, and, where required, approval, as follows:

(1) All reviewing board members.

(2) The Construction Official.

[Amended 4-13-1982 by Ord. No. 20-1982]

(3) The Reviewing Board Solicitor.

(4) The Reviewing Board Engineer, if any.

(5) The Reviewing Board Planner, if any.

(6) The Municipal Engineer.

(7) The Port Republic Historical Society if the proposal is for the Historic District.

§ 160-92 Review standards.

[Added 4-12-1988 by Ord. No. 89-1988]

In reviewing any plan, the reviewing board shall determine that the application complies with the following standards, in addition to such other requirements as are otherwise set forth in this code and, if applicable, the criteria of the environmental impact statement provisions of § 160-91F:

A. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and land.

B. Adequate lighting shall be provided to ensure the safe movement of persons and vehicles and for security purposes. Lighting shall be arranged so as to minimize glare and reflection on adjacent properties.

C. Buffering shall be located around the perimeter of the site to minimize vehicle headlights, noise, lights from structures and the movement of people and vehicles and to shield activities from adjacent properties when appropriate. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof as needed to achieve these objectives.

D. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping plans shall minimize clearing and shall emphasize the retention of natural vegetation.

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

F. Adverse environmental impacts during construction of the project, as well as operation of the project, shall be avoided with particular emphasis upon air and water pollution. Increases in sedimentation or siltation shall be avoided to the maximum extent practical during construction and operation.

G. To the maximum extent practical, every project must protect water quality, preserve existing trees and vegetation, protect watercourses, protect air resources and protect aquifers and wildlife habitats.

H. Projects must be designed to avoid, to the maximum extent practical, harm to the natural environment and to ensure the protection of natural resources. Projects must not appreciably result in any such harm, including degradation of water quality or the raising of flood levels.

§ 160-93 Reservation of public use areas.

A. Before approving a subdivision or site plan, the municipal agency shall require that streets, public drainageways, flood control basins and public areas designated for reservation on the Official Map must be shown on the plan in locations and sizes suitable to their intended uses. The municipal agency may reserve the location and extent of such streets, ways, basins or areas shown on the plat for such a period of up to one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the governing body shall have entered into a contract to purchase or has instituted condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable provisions of this chapter. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or the land development and required for final approval.

B. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservations and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, "just compensation" shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that the determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

C. Upon the submission to the municipal agency reviewing the application of an application for development showing development proposed for an area reserved on the Official Map, the Secretary of the municipal agency involved shall notify the governing body in writing of such application and that the municipal agency intends to grant approval for said development in the reserved area unless the governing body notifies the municipal agency prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the governing body. The governing body shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation or to negotiate a purchase price for said reserved area. Upon the governing body's arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.

§ 160-94 Off-tract improvements.

A. The municipal agency serving as the approving authority shall require, as a condition of preliminary subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing reasonable and necessary street improvements, storm sewerage and drainage facilities and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall be established by fair and reasonable standards, which standards shall not be altered subsequent to preliminary approval. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

B. The proportionate contribution of any such off-site improvement to the owner or subdivider shall be reasonably related to the relative benefits or use of the total area served in line with the following formula:

(1) For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of barriers, new streets and other similar street or traffic improvements, the owner's or subdivider's proportionate cost shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

(2) Drainage facility improvements shall be based upon the percentage relationship between the subdivision acreage and the total acreage of the drainage basins imparted upon plus 10% for contingencies.

(3) Other facilities and services shall be determined by use of equitable formula arrived at by the Planning Board.

C. Where a performance or maintenance guaranty is required in connection with off-street improvements, the procedure to be utilized is as follows:

(1) The Planning Board determination of required off-site improvements shall be guided by this chapter and such professional advice as it may deem necessary for the specific project. Once it has determined that one or more off-tract improvements are necessary, the Planning Board shall notify the City Council by resolution of its findings and shall provide an estimate of cost, a suggested pro rata share for the development and suggested means of payment. The Planning Board shall not take final action on a preliminary subdivision until all aspects of such agreement have been mutually agreed to by the developer/subdivider and the City Council and until the Planning Board has been advised in writing of such agreement by the City Council. Cash contributions, where required by agreement, shall be deposited with the City Clerk, who shall place them in an escrow account for the purposes outlined. If improvements are not completed within 10 years, the funds shall be returned to the subdivider/developer under terms outlined by the City Solicitor. Cash contributions shall not be required where county or state agencies have jurisdiction over subject improvement and where those units require a guaranty that would represent a duplication.

§ 160-95 Required findings for planned developments.

Prior to approval of any planned development, the municipal agency reviewing the plan shall find the following facts and conclusions:

A. That departure by the proposed development from regulations otherwise applicable to subject property conforms to those standards for planned developments.

B. That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

C. That provisions of the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreational and visual enjoyment are adequate.

§ 160-96 Standards for open space management organizations.

A. The governing body may, at any time, from time to time, accept the dedication of land for public use and maintenance, or any interest therein, required to be set aside, designated and reserved for the use and enjoyment of owners and occupants adjoining or neighboring such land as a condition of approval of a planned development; but such dedication shall not be required by the municipal agency reviewing the application.

B. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a development if said open space is not dedicated to the City of Port Republic. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the City of Port Republic.

C. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the City of Port Republic may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. The said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the City of Port Republic may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which that may be cured. If the deficiencies set forth in the original notice or the modification thereof shall not be cured within said 35 days or any permitted extensions thereof, the City of Port Republic, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the City of Port Republic shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the City of Port Republic, at which hearing such organization and the owners of the development shall show cause why such maintenance by the City of Port Republic shall not, at the election of the City of Port Republic, continue for a succeeding year. If the City of Port Republic shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the City of Port Republic may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the City of Port Republic in any case shall constitute a final administrative decision subject to judicial review.

D. The cost of such maintenance by the City of Port Republic shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the tax to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 160-97 Time for decision on subdivisions, site plans and conditional uses.

A. Site plans.

(1) Upon the submission to the City Clerk of a complete application for a site plan which involves 10 acres of land or less or 10 dwelling units or fewer, the Planning 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 applicant.

[Amended 2-12-1980]

(2) Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

[Amended 2-12-1980]

B. Conditional uses. Upon the submission of a complete application for a conditional use, the Planning Board shall grant or deny preliminary approval of it within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

C. Subdivisions.

(1) Upon the submission to the City Clerk of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 160-6 of this chapter, the reviewing 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 subdivision approval also involves an application for relief pursuant to § 160-65 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

(2) Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

D. Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision, site plan or conditional use as submitted.

E. Except in the Pinelands Area, the Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

[Amended 9-11-1990 by Ord. No. 08-1990]

F. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

G. Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for an informal review, and neither the Planning 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 subdivision or site plan approval shall not be limited to his submission of a sketch plat and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

H. In the Pinelands Area, all approvals shall be subject to the review and notice provisions of Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

§ 160-98 Public hearings.

[Amended 9-11-1990 by Ord. No. 08-1990]

A public hearing shall be held on all applications for site plan approval including uses which, on the submitted complete application for preliminary approval, show five or more off-street parking spaces or the need for a soil erosion and sedimentation control plan as required by N.J.S.A. 4:24-39 et seq. In the Pinelands Area, notice of hearings on development applications shall be given to the Pinelands Commission in accordance with Article XIII.

§ 160-99 Rights under preliminary approval.

A. Preliminary approval of a major subdivision or 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, if any; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and streetlighting; except that nothing herein shall be construed to prevent the City of Port Republic from modifying by ordinance such general terms and conditions of preliminary approval as relate to 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 subdivision plat or site plan.

(3) That the applicant may apply for and the reviewing board may grant extensions of 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 subdivision or site plan of an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three weeks as shall be determined by the reviewing 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 apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing 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.

§ 160-100 Application for final approval.

A. The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer's 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 City Clerk or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute final approval of the application as submitted. A certificate of the Secretary of the reviewing board as to failure of the reviewing board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other qualified evidence of approval.

C. A complete application for final approval shall consist of the following, where applicable:

(1) A properly completed final subdivision or site plan approval form.

(2) The required fee or fees as set forth in this chapter.

(3) A site plan in final form, including all the information shown on the preliminary plat and the conditions of preliminary approval.

(4) A subdivision plat conforming to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

(5) In the Pinelands Area, the application requirements set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

D. In the Pinelands Area, all final approvals shall be subject to the notice and review provisions set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

§ 160-101 Exceptions from requirements; simultaneous review and approval.

A. The reviewing board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

B. The reviewing board, when acting upon an application for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

C. The reviewing board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the reviewing board or the reviewing board's being required to hold further hearings. The longest time period for action by the reviewing board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

D. In the Pinelands Area, all final approvals shall be subject to the notice and review provisions set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

§ 160-102 Effect of final approval.

A. The requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 160-99 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 160-105 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 160-105 of this chapter, the reviewing board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 160-99 of this chapter for the section granted final approval.

B. In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or a site plan of 150 acres or more, the reviewing 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 reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible after final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the reviewing 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.

§ 160-103 Required guaranties.

A. Before recording of final subdivision plats or as a condition of final site plan approval, the reviewing board shall require and accept, in accordance with the standards adopted by this chapter, for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) The furnishing of a performance guaranty in favor of the City of Port Republic in an amount not to exceed 120% of the cost of installation of improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., 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 only, other on-site improvements and landscaping, provided that no more than 10% of the total performance guaranty shall be required to be in cash, and the balance shall be in the form of a bond from a bonding company approved by the governing body of the City of Port Republic. The City Engineer shall review the improvements required by the reviewing board which are to be bonded and itemize their cost. Such itemization shall be the basis for determining the amount of performance guaranty and maintenance guaranty required by the reviewing board. The City Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for such estimate.

(2) The furnishing of a maintenance guaranty to be posted with the City of Port Republic for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will 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, as the case may be, shall be required for such utilities or improvements.

B. The time period allowed for the installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

[Amended 2-12-1980]

C. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City of Port Republic for the reasonable cost of the improvements not completed or corrected and the City of Port Republic may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

D. Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvement, with a statement of reasons for any objection. The cost of the improvements as approved or rejected shall be set forth.

[Amended 2-12-1980]

E. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be relieved from all liability pursuant to such performance guaranty for such improvements.

[Amended 2-12-1980]

F. If any portion of the required improvements is rejected, the reviewing board may require the obligor to complete such improvements and upon completion the same procedure of notification as set forth in this section shall be followed.

G. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided, however, that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.

[Amended 2-12-1980]

H. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall be applied by stage or section.

[Added 2-12-1980]

§ 160-104 Minor subdivisions.

A. The Planning Board shall waive notice and public hearing for an application for development if the Planning Board finds that the application for development conforms to the definition of minor subdivisions in § 160-6 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Article XII of this chapter.

B. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the City Clerk or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.

C. Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Act, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

D. The zoning district requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

E. In the Pinelands Area, all approvals of minor subdivisions shall be subject to the notice and review provisions set forth in Article XIII.

[Added 9-11-1990 by Ord. No. 08-1990]

§ 160-105 Filing of subdivision plats.

A. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The reviewing board may, for good cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat.

B. Final approval of a major subdivision shall be evidenced by affixing to the plat the signatures of the Chairman and Secretary of the reviewing board or a copy of the certificate of the Secretary of the reviewing board indicating that the reviewing board failed to reach a decision on the subdivision and application within the prescribed time. The signatures of the Chairman and Secretary of the reviewing board shall not be affixed until the developer has posted the guaranties required pursuant to § 160-103 of this chapter.

§ 160-106 Selling before approval; violations and penalties.

A. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which City approval is required by this chapter, such person shall be subject to a penalty not to exceed $500 and each lot disposition so made may be deemed a separate violation.

B. In addition to the foregoing, the City of Port Republic may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 160-107 of this chapter.

§ 160-107 Certificates showing approval.

A. The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which forms part of such a subdivision three years preceding February 1, 1979, may apply in writing to the City Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.

B. The City Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.

C. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

(1) That there exists in the City of Port Republic a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

(2) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and if so, the date of such approval and any extension and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

(3) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in N.J.S.A. 40:55D-1 et seq.

[Added 2-12-1980]

D. The City Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the City Clerk shall be paid by him or her to the City of Port Republic.