City of North Wildwood, NJ Development Application Review Procedures

No construction permit shall be issued for any new structure or parking lot designed for four or more vehicles, or for an addition to an existing structure or parking lot, and no certificate of occupancy shall be issued for any change of use of an existing structure until the site plan has been reviewed and approved by the municipality, except that:

A construction permit for a single-family detached dwelling unit or a two-family dwelling unit, except for the development of two or more two-family or semidetached dwelling units on contiguous lots, and/or their accessory building(s) on a lot, shall not require site plan approval; except that the use of any existing or proposed principal or accessory building for a home occupation as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy. The foregoing shall in no way affect the responsibility of an applicant to submit the necessary information and receive the necessary approvals as may be required pursuant to other ordinances.

Any change of use from one permitted category of nonresidential use to another permitted category of nonresidential use shall not require site plan approval if both the Construction Official and Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use category and the new use category does not require an increase in the number of required parking spaces.

All site plan applications for the development, conversion, expansion, or use of condominiums shall include a detailed floor plan of the entire structure on one twenty-four-inch by thirty-six-inch Mylar transparency for tax mapping purposes.

A lawfully existing commercial establishment may apply for a maximum 600-square-foot exterior storage area in the rear yard that conforms with all requirements of the zone.

An applicant may elect to file for preliminary and final site plan approval simultaneously to expedite the review process. The site plan shall be prepared according to the requirements stipulated for final approval. Developers electing to bypass the preliminary approval stage are doing so at the peril of added expense if changes in design are required.

Exemption:

Any proposed addition or alteration to a principal building housing an existing, nonresidential conforming use which will be 600 square feet or less in area will not intrude upon a front yard (as "front yard" is defined in § 276-7), and which, upon completion, will not result in more than 25% additional building coverage shall not require site plan approval, provided that the proposed addition or alteration to the principal building:

Is being constructed so as to add to the principal building handicap accessibility features that are established by the Americans With Disabilities Act or the administrative regulations established thereunder; or

Does not result in any change whatsoever to the existing side yard setbacks and rear yard setback; however, in the event that an existing side yard setback or rear yard setback is less than four feet, then a minimum four-foot side yard setback and/or minimum four-foot rear yard setback, as the case may be, shall be maintained to the proposed addition or alteration; and

The proposed principal building addition or alteration, in the opinion of the Zoning Officer, will not create a nuisance, by reason of increased noise or otherwise, to adjacent land uses; and

[4]

Construction of the proposed principal building addition or alteration will not result in an increase in the number of parking spaces required by ordinance for the property.

No more than one site plan exemption per property shall be granted by the Zoning Official pursuant to this Subsection B(3), and, whenever a site plan exemption is granted by the Zoning Official pursuant to this Subsection B(3), a record of that exemption shall be maintained by the Zoning Official, and copies thereof shall be provided to the Construction Official and Tax Assessor.

Variance relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least three weeks prior to the meeting. The filing shall include copies of any maps and related material; completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter [1]; and the fee in accordance with § 276-67 of this chapter. The Board shall act upon the application as stipulated by law.

Editor's Note: Said checklist is included at the end of this chapter.

Informal review by the Planning Board.

At the request of a developer, the Planning Board shall grant one informal review of a concept plan for a major subdivision/major site plan for which the developer intends to prepare and submit an application for development.

The developer shall be required to submit a fee for such an informal review in accordance with § 276-67 of this chapter; however, no professional review(s) will be undertaken unless the developer agrees to pay for said review(s).

The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the administrative officer at least three weeks prior to the meeting of the Planning Board. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

§ 276-64 Submission of minor subdivision plats and minor site plans.

Procedure for submitting minor subdivision plats and minor site plans. The applicant shall submit to the administrative officer at least three weeks prior to the meeting 15 copies of the minor plat or plan; plus an additional copy of the plat or plan in portable document format ("pdf") on a CD-Rom or other electronic or digital format acceptable to the City; 15 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter [1]; and a fee in accordance with § 276-67 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

Editor's Note: Said checklist is included at the end of this chapter.

Details required for minor subdivision plats and minor site plans. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches). Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:

A key map showing the entire tract and its relation to the surrounding area at a scale of one inch equals not more than 1,000 feet.

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Name of subdivision or development, City of North Wildwood and Cape May County;

Name, title, address and telephone number of subdivider or developer;

Name, title, address and license number of the professional or professionals who prepared the plat or plan;

Name, title and address of the owner or owners of record;

Scale; and

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

Acreage figures (both with and without areas within public rights-of-way) and North arrow.

Approval signature lines:

Chairman;

Secretary; and

City Engineer.

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the City Tax Map.

Subdivision or development boundary line (heavy solid line).

The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.

The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

Zoning districts affecting the tract, including district names and requirements, and a comparison to the application.

Proposed buffer and landscaped areas.

Delineation of floodplains, including both floodway and flood-fringe areas.

(12)

Contours as shown on the USGS topographic sheets.

(13)

Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof.

(14)

The name of all adjacent property owners as they appear on the most recent tax list prepared by the City Tax Collector.

(15)

A statement from the City Tax Collector that all taxes and assessments are paid to date, or that adequate provision for their payments has been made, in a matter satisfactory to the municipality, evidence of which shall be submitted at the time of the hearing by the applicant.

(16)

Concerning minor subdivisions only, existing and proposed monuments.

(17)

No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the City or other appropriate governmental agency.

(18)

Plans of proposed improvements and utility layouts, including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all City, county, state and federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate county and state agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.

(19)

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter.

(20)

Deed descriptions, including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval and required signatures prior to filing with the County Recording Officer.

Action by the City.

The administrative officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required by § 276-64B of this chapter, the administrative officer shall certify that said application is complete and direct the application to the appropriate Board.

If said application is found to lack some of the information required by § 276-64B of this chapter, the administrative officer shall either:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

If the administrative officer reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, the administrative officer may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items.

An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 276-64B, and said request shall be granted or denied by the Planning Board or Zoning Board of Adjustment, as the case may be, within 45 days.

In the event the City fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

On the date the aforesaid application is certified complete or on the 46th day following the submission of the application in the event the City fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

The Planning Board or the Zoning Board of Adjustment, as the case may be: nine copies of the minor plat or plan and nine copies of the application;

Cape May County Planning Board: one copy each of the minor plat or plan and the application;

City Engineer: one copy each of the minor plat or plan and the application;

Zoning Officer: one copy each of the minor plat or plan;

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan shall be sent to other City, county or state agencies as may be designated by the Board.

The Planning Board or the Zoning Board of Adjustment, as the case may be, shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any minor subdivision or minor site plan application which is being considered by the Board simultaneously with any requested variance relief shall be acted upon within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant.

Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter. The subdivision committee or site plan committee, as the case may be, shall offer its recommendations to the Board.

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the City Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required, and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with § 276-59F of this chapter, within 10 days of its adoption by the Board.

When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 276-59F of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P.L. 1960 c. 141 (N.J.S.A. 46:23-9.9 et seq.[2]) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer. Unless filed within 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance. The Board may extend the 190-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2. See now N.J.S.A. 46:26B-1 et seq.

The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan. The Board shall grant an extension of this period for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

City Clerk;

City Engineer (in the case of subdivisions only, a map of the plat drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the City Engineer);

Zoning Officer;

City Tax Assessor;

City Board of Health;

Such other City, county or state agencies and officials as directed by the Board.

§ 276-65 Submission of preliminary major subdivision plats and preliminary major site plans.

Procedure for submitting preliminary major subdivision plats and preliminary major site plans. The applicant shall submit to the administrative officer at least three weeks prior to the meeting 15 copies of the preliminary plat or preliminary plan plus an additional copy of the plat or plan in portable document format ("pdf") on a CD-Rom; 15 completed copies of the appropriate applications which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; 15 copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with § 276-67 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans and agrees to be bound by it. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.

Details required for preliminary major subdivision plats and preliminary major site plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor. Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes: eight inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. Each preliminary plat or plan shall show the following information, as appropriate to a subdivision plat or site plan, unless the municipal agency determines and so notifies the applicant that such information either is unnecessary or inapplicable to the particular subdivision or development plan:

A key map showing the entire tract and its relation to the surrounding areas at a scale of one inch equals not more than 1,000 feet.

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Name of subdivision or development, City of North Wildwood, Cape May County;

Name, title, address and telephone number of subdivider or developer;

Name, title, address and license number of the professional or professionals who prepared the plat or plan;

Name, title and address of the owner or owners of record;

Scale (written and graphic); and

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

North arrow.

Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given his consent under an option agreement.

Approval signature lines:

Chairman;

Secretary; and

City Engineer.

Acreage to the nearest 10th of an acre and a computation of the area of the tract to be disturbed.

The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the City Tax Collector.

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the City Tax Map and proposed block and lot numbers as provided by the City Tax Collector upon written request.

Tract boundary line (heavy solid line).

Zoning districts, including district names and requirements, and a comparison to the application.

The location of natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundaries.

(12)

The proposed location of all proposed plantings shall be indicated and a legend provided listing the botanical and common names, the sizes at the time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

(13)

All existing and proposed watercourses shall be shown and accompanied by the following information:

When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;

Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the locations required by the City Engineer;

The location and extent of drainage and conservation easements; and

The location and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage.

(14)

Existing and proposed contours as shown on the USGS topographic sheets. Existing contours shall be shown as a dashed line; finished grades shall shown as a solid line.

(15)

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

(16)

Locations of all existing structures showing existing and proposed front, rear and side yard setback distances and an indication of whether the existing structures and uses will be retained or removed, both within the tract and within 100 feet of its boundary.

(17)

Size, height and location of all proposed buildings, structures, signs and lighting facilities.

(18)

All dimensions necessary to confirm conformity to the chapter such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

(19)

The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries.

(20)

The proposed screening, buffering and landscaping, including a landscaping plan.

(21)

The location and design of any off-street parking area, showing size and location of bays, aisles and barriers, curbing and paving specifications.

(22)

All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

(23)

The application shall include plans and computations for any storm drainage system, including the following as may be required by the City Engineer:

All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

A map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain.

A weighted runoff coefficient for each drainage area shall be determined for use in the computations.

(24)

The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.

(25)

(26)

Plans, typical cross-sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on USGS vertical datum or a more specified datum supplied by the City Engineer, including curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.

(27)

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

(28)

The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

(29)

The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.[1]

Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2. See now N.J.S.A. 46:26B-1 et seq.

(30)

Concerning major site plans only, the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation open to public use.

(31)

A statement from the City Tax Collector that all taxes and assessments are paid to date, or that adequate provision for their payments has been made, in a manner satisfactory to the municipality, evidence of which shall be submitted at the time of the hearing by the applicant.

(32)

When a tidal watercourse or wetlands are proposed for alteration, development, improvement, or relocation, provide the status of review by the State Department of Environmental Protection and Energy, Division of Coastal Resources.

(33)

The status of review or exemption by the State Department of Environmental Protection and Energy, Division of Coastal Resources, for compliance with the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq.

(34)

Provisions for the collection and storage of recyclable materials.

(35)

In the case of any subdivision or site plan submission of a planned development, all of the required information for all of the properties comprising the planned development.

(36)

Concerning major site plans for the development, conversion, expansion or use of condominiums only, a detailed floor plan of the entire structure on a twenty-four-inch by thirty-six-inch Mylar transparency.

(37)

The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses; provided, however, that no application shall be declared incomplete for the lack of such additional information.

Action by the City.

The administrative officer shall review the major subdivision or major site plan application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required by § 276-65B of this chapter, the administrative officer shall certify that said application is complete and direct the application to the appropriate Board.

If said application is found to lack some of the information required by § 276-65B of this chapter, the administrative officer shall either:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 276-65B, and said request shall be granted or denied by the Planning Board or Zoning Board of Adjustment, as the case may be, within 45 days.

Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

The Planning Board or the Zoning Board of Adjustment, as the case may be: nine copies of the preliminary plat or plan and nine copies of the application and any protective covenants or deed restrictions;

Cape May County Planning Board: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions);

City Engineer: one copy each of the preliminary plat or plan, the application and any protective covenants or deed restrictions;

Zoning Officer: one copy of the preliminary plat or plan; and

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan shall be sent to other City, county or state agencies as may be designated by the Board.

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days pursuant to N.J.S.A. 40:55D-61, or within such further time as may be consented to by the applicant.

[Amended 6-5-2019 by Ord. No. 1781]

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 shall be acted upon within 120 days pursuant to N.J.S.A. 40:55D-61, or within such further time as may be consented to by the applicant.

[Amended 6-5-2019 by Ord. No. 1781]

The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in Subsections C(4) and C(5) hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance in accordance with N.J.S.A. 40:55D-70d and § 276-55D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied-for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Article VI of this chapter pursuant to N.J.S.A. 40:55D-65c;

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

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 276-59D).

The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the City Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the City Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

(12)

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 276-59F of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

Effect of preliminary approval.

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and

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

Subdivision or site plan for area of 50 acres or more.

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time, longer than three years, as shall be determined by the 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 Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the 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;

[4]

The comprehensiveness of the development; and

[5]

Provided that if the design standards have been revised by ordinance, such revised standards may govern.

Whenever the Board grants an extension of preliminary approval pursuant to Subsections D(1)(c) or D(2) hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to Subsection D(1)(c) or D(2) hereinabove.

§ 276-66 Submission of final major subdivision plats and final major site plans.

Procedure for submitting final plats and final plans. A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least three weeks prior to the meeting 15 copies of the final major subdivision plat or final major site plan plus 15 copies of the final major subdivision plat or final major subdivision plan in portable document format ("pdf") on a CD-Rom; 15 copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter [1]; and a fee in accordance with § 276-67 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans and agrees to be bound by it.

Editor's Note: Said checklist is included at the end of this chapter.

Details required for final major subdivision plats and final major site plans. The following information shall be submitted:

All details stipulated in § 276-65B of this chapter.

All additional details required at the time of preliminary approval shall be submitted.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data, including:

An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations;

Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including center line geometry and horizontal alignments with bearings, radii and tangents;

Plans and profiles of all storm and sanitary sewers and water mains; and

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the United States Geodetic Survey System, with the data on the plat as to how the bearings were determined.

The final submission shall be accompanied by the following documents:

Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the City Engineer;

The applicant shall certify in writing to the Board that he has:

Installed all improvements in accordance with the requirements of this chapter; and/or

Posted a performance guarantee in accordance with § 276-68 of this chapter.

A statement from the City Engineer that all improvements installed prior to application have been inspected as provided in § 276-68 of this chapter and that such improvements installed prior to application for final approval that do not meet or exceed City standards shall be factored into the required performance guarantee.

Action by the City.

The administrative officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required by § 276-66B of this chapter, the administrative officer shall certify that said application is complete and direct the application to the appropriate Board.

If said application is found to lack some of the information required by § 276-66B of this chapter, the Administrative Officer shall either:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 276-66B, and said request shall be granted or denied by the Planning Board or Zoning Board of Adjustment, as the case may be, within 45 days.

In the event the Board fails to act pursuant to Subsection C(1)(b)[1] or [2] hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

On the date the foresaid application is certified complete or on the 46th day following the submission of the application in the event the City fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the administrative officer to the following:

The Planning Board or the Zoning Board of Adjustment, as the case may be: nine copies of the final plat or plan and nine copies of the application;

Cape May County Planning Board: one copy each of the final plat or plan and the application;

City Engineer: one copy each of the final plat or plan and the application;

Zoning Officer: one copy each of the final plat or plan; and

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final plat or plan shall be sent to other City, county or state agencies as may be designated by the Board.

The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the City Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the City Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two Mylar copies of the approved plat in addition to the 10 paper copies.

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 276-59F of this chapter:

City Clerk: one paper copy;

City Engineer: one paper copy and, in the case of subdivisions only, one Mylar copy drawn to the Tax Map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the City Engineer);

Construction Official: one paper copy;

City Tax Assessor: one paper copy;

The applicant: one paper copy and, in the case of subdivisions only, one Mylar copy; and

Such other City, county or state agencies and officials as directed by the Board.

Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Cape May County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days. The Board may extend the ninety-five-day or 190-day period if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

Effect of final approval.

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three and extensions.

Subdivision or site plan for planned development or residential cluster of 50 acres or more or conventional subdivision or site plan of 150 acres or more.

In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection D(1) hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval;

Economic conditions; and

The comprehensiveness of the development.

The developer may apply thereafter and the Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissable under final approval;

The number of dwelling units and nonresidential floor area remaining to be developed;

Economic conditions; and

[4]

The comprehensiveness of the development.

Whenever the Board grants an extension of final approval pursuant to Subsections D(1)(b) or (2) hereinabove and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.