It is the intent of this section that the procedural requirements
of the Municipal Land Use Law (N.J.S. 40:55D-1 et seq.) govern the
Land Use Development Procedures of the Borough of Avon-by-the-Sea.
There are, however, several instances where the MLUL requires a municipality
to make choices among alternatives. This chapter identifies the choices
made by the Borough of Avon-by-the-Sea. The Municipal Land Use Law
should be referenced for all other provisions.
An application for development, as defined in the Municipal
Land Use Law, shall be required for all variances, site plans and
subdivisions pursuant to this chapter.
The following is a list of items and details to be supplied
with the various development applications that are submitted for approval
to a Planning Board of the Borough of Avon-by-the-Sea. The following
documents shall be provided for development application review. Unless
otherwise specified in this chapter, or waived in writing by the Administrative
Officer or Planning Board, a minimum of eighteen (18) copies of all
required items shall be submitted prior to scheduling the public hearing
on the application.
In some circumstances, additional information beyond these requirements
may be required of the applicant by the Planning Board. Such additional
items shall be provided promptly and in sufficient numbers as determined
by the Planning Board in order to facilitate prompt action on the
part of the Planning Board. The Planning Board shall also have the
right to waive certain details if a specific request is made by the
applicant and agreed to by the Board. Surveys, the general plan, grading
and utility plans, landscaping plans, architectural plans and elevations
may be indicated on separate drawings and documents. The required
items and details are primarily for the use of the Planning Board
to establish criteria required to make decisions and recommendations.
The following shall be required as noted.
Items required for all development applications that require
subdivision or site plan, in addition to specific items required for
specific categories of subdivision or site plan as listed below:
The following items shall be required for all development applications.
A.
Title, key map location of development and the name and address of
the owner of record, the applicant, and the property.
B.
The block and lot number of the property.
C.
Existing conditions on the lot, including all dimensions of the lot,
existing buildings and structures, and significant vegetation including
all trees over six (6) inches in caliper.
D.
Certification from the Tax Collector that all taxes and assessments
are paid to date.
E.
Location and dimensions of all existing structures and accessory
buildings located on the property.
F.
Distances between all structures, existing and proposed, which are
to be a part of the development application.
G.
Distances between all structures, existing and proposed, and the
property lines.
H.
The location of all buildings and structures, including paved surfaces,
that are located within fifty (50) feet of the subject lot.
I.
The location of all structures, including walkways, decks, patios
and parking areas that are proposed.
J.
The proposed use or uses of the land and buildings.
K.
Scale and graphic scale, date plan prepared and/or revised, and name
and signature of individual who completed plans shall be indicated
on every sheet.
L.
North arrow, in same direction, on all applicable sheets.
M.
Where buildings are proposed, architectural plans indicating the
following:
(1)
Name of the applicant; address and block and lot of the property.
(2)
Name, signature, title of individual who prepared the architectural
plans, and date prepared.
(3)
Scale of plans.
(4)
Measurements of all buildings.
(5)
Front, rear and side elevations of buildings, including calculated
height of buildings as required in the Avon Land Development Chapter.
N.
A list of all variances and waivers being requested by the applicant.
O.
Payment in full of all required application fees and establishment
of any required escrow account.
P.
A list of any required permits or applications required by any other
governmental agency.
Q.
An affidavit of ownership of the subject property.
R.
Proper completion of the appropriate application forms required by
the Planning Board.
S.
At least nine (9) days prior to the date of the public hearing, submission
of one (1) copy of:
(1)
The white receipts for any certified mailings, or in the absence
of certified mailings, other competent proof of service of all parties
required to be noticed by the applicant;
(2)
A true copy of the letter sent or provided to the above property
owners and agencies;
(3)
A true copy of the required notice published in the Asbury Park
Press;
(4)
The completed copy of the "Affidavit of Proof of Service and
Publication of Public Notice", which has been prepared and signed
before a Notary Public.
Items and details required for variance applications that do
not require subdivision or site plan approval.
A.
A survey of the existing conditions on the site.
B.
A sketch plan of the site drawn to scale and dimensioned, indicating
all existing and proposed buildings and structures as well as all
existing and proposed: building and structure setbacks, distances
between all buildings and structures, building and impervious lot
coverage, parking spaces and drive aisles, and lot dimensions. The
sketch plan shall include the name and signature of the person preparing
the sketch plan.
C.
Architectural plans, sketches or pictures of any proposed buildings
or building additions, including any existing and proposed: colors,
materials, rooflines and building heights. All such plans or sketches
shall include the name and signature of the person who prepared the
plan or sketch. Pictures need not have a signature or name of an individual,
but the source of the picture must be clearly identified.
D.
A copy of the official order of rejection signed by the Building
and Code Official.
Additional items and details required for Preliminary Site Plan
approval for Site Plans. Site plans shall not be required for single
or two (2) family residences that only request bulk variances.
A.
Site plans shall be drawn by a N.J. licensed surveyor, civil engineer,
architect, landscape architect or municipal planner. Surveys can only
be done by a N.J. licensed land surveyor, and improvements to or adjacent
to the site can only be done by a N.J. licensed engineer or architect.
Each professional shall sign the site plan and seal it.
B.
Site plans should be presented at a scale no smaller than one (1)
inch equals fifty (50) feet. All site plans shall be prepared using
a conventional "engineer's scale." Architectural plans may be prepared
utilizing an "architect's scale". The size of sheets should not exceed
36 inches x 24 inches.
C.
A total of eighteen (18) copies of all application documents and
plans shall be submitted for any site plan application. Initial submission
may consist of a total of five (5) copies of all plans and application
forms. Once an application is deemed complete, in compliance with
the Municipal Land Use Law, an additional thirteen (13) copies of
all plans and application forms shall be submitted prior to scheduling
the public hearing on the application. All plans shall be folded to
a size not to exceed 10" by 14".
D.
A survey of the property prepared by a licensed surveyor of New Jersey,
showing boundaries of properties, line of all existing streets and
roads, easements, rights-of-way and areas dedicated to public use
on or directly adjacent to the site. Also indicate on this sheet the
north arrow, scale in feet and graphic scale, name and address and
professional license number and seal of the person who prepared the
survey.
E.
Names of all owners of record of all adjacent properties with lot
and block numbers, and parcel number, within two hundred (200) feet
of the property shall be shown on the cover sheet of all site plans.
F.
A schedule of Zone requirements as well as what the application correspondingly
proposes. Said schedule shall include, but not be limited to: total
lot area, buildable lot area, lot width, lot frontage, lot depth,
principal and accessory building setbacks, lot coverage, parking space
size and numbers, and percent landscaped area.
G.
Show existing and proposed buildings with dimensions, show the first
floor elevations, and present and finished grade elevations at all
corners and entrances. Existing buildings and structures to be removed
are to be indicated.
H.
Submit topographic map to delineate existing contours at two (2)
foot intervals, up to ten (10) feet beyond property lines, as well
as proposed grading and contours, flood plains, ponds, streams and
drainage ditches, etc.
I.
Show all wooded areas that are to be retained, as well as the location
of all trees six (6) inches or greater in diameter that are located
within areas to be disturbed and within thirty (30) feet of any area
proposed to be disturbed. All six (6) inch or greater diameter trees
so indicated shall be identified as to diameter and species.
J.
Indicate the location of all existing and proposed structures, i.e.,
walls, culverts, bridges, roadways, parking areas, etc., with grade
elevations for each structure. Dimensions shall be shown on the plans
for the size and location of each structure.
K.
Indicate existing zones of the development site and of any different
zones within two hundred (200) feet of the property.
L.
The distance of the property line (measured along the centerline
of existing street abutting the property) to the nearest driveway
and nearest intersection.
M.
The boundaries of the property, building and setback lines, lines
of existing streets, lots, reservations, easements and areas dedicated
to public use. Dimensions shall be indicated on the plans for all
of these items, where appropriate.
N.
Indicate locations of all utility structures and lines, including
telephone, power and light, water, sewer, gas, etc., whether privately
or publicly owned, with manholes, pipe sizes, grades, inverts and
directions of flow. The location of fire prevention facilities including
service lines, hydrants, siamese connections, automatic sprinkler
systems, fire zones, "no parking" fire zones and pavement and wall
signs shall be shown.
O.
Indicate existing and proposed storm water drainage facilities with
manholes, pipe sizes, grades, inverts and directions of flow.
P.
A sedimentation and erosion control plan as required by the Freehold
Soil Conservation District.
Q.
Show, on a key map, contiguous lots owned by the applicant or owner
of record, or in which the applicant has a direct interest.
R.
Indicate all means of vehicular ingress and egress to and from the
site onto public streets, showing the size and location of driveways,
curb cuts and curbing, sight lines and radii. All items shall be dimensioned.
S.
Show the design of off-street parking areas. All parking spaces,
setbacks of parking areas, and aisle widths shall be dimensioned.
T.
Show and dimension any truck loading and unloading zones, platforms
and docks.
U.
Indicate and dimension trash disposal and recyclable materials storage
areas.
V.
Show provisions for screening of equipment and storage areas, attached
or separate from buildings.
W.
Indicate all existing or proposed exterior lighting (free-standing
and/or on building) for size, nature of construction, lumens, heights,
area and direction of illumination, foot candles produced, as well
as the time controls proposed for outdoor lighting and display.
X.
Note all existing and proposed signs. Architectural drawings of all
signs are required. The location of all signs shall be dimensioned
on the plans.
Y.
Indicate locations, dimensions and construction of all pedestrian
walkways and sidewalks on or directly adjacent to the site.
Z.
A landscape plan.
AA.
Improvements to adjoining streets and roads, and traffic control
devices necessary in streets or highways. Acceleration and deceleration
lanes, paving, land dedication or acquisition for roads should be
shown.
BB.
Copies of any easements, covenants and deed restrictions intended
to cover any of the development site should be submitted.
CC.
Preliminary architectural drawings, including floor plans, basement
plans, and elevations of any new or altered (including facade alterations)
buildings or structures.
DD.
Appropriate places for signatures and date of approval of the Borough
Engineer, Chairman and Secretary of the Planning Board.
EE.
A minimum of one (1) soil boring shall be taken on all sites up to
one (1) acre in area with one additional boring for each additional
acre or portion thereof. The borings shall be taken at representative
locations on site to the satisfaction of the municipal engineer. If
storm water recharge or detention facilities are proposed, a boring
shall be taken at the location of the proposed facility, said borings
being included in the total count of required borings. Representative
borings shall be made to a minimum depth of ten (10) feet. Borings
in recharge or detention areas shall be to a minimum depth of twenty
(20) feet below finished surface grade or five (5) feet below the
bottom of the proposed facility, whichever is deeper. Boring logs
shall be submitted as part of the site plan.
FF.
A written description of the proposed operations in the buildings
including the number of employees or members; the number of square
feet of enclosed building space, the proposed number of shifts to
be worked and the maximum number of employees on each shift; expected
truck and tractor-trailer traffic; emission of noise, glare, air and
water pollution; safety hazards; and anticipated expansion plans incorporated
in the building design.
Additional items and details required for all final site plans.
Final site plan details are primarily a refinement of the preliminary
details by providing final engineering and architectural information
that will be classified as site plan construction details.
A.
All items and details required on the preliminary site plan with
complete accuracy.
B.
Evidence that all taxes and assessments against the site have been
paid.
C.
If any changes from the preliminary site plan have been made, submit
an approved preliminary site plan showing those changes highlighted.
D.
Initial submission shall consist of a total of five (5) copies of
all plans and application forms. Once an application is deemed complete,
in compliance with the Municipal Land Use Law, an additional thirteen
(13) copies of all plans and application forms shall be submitted
prior scheduling of the public hearing on the application. All plans
shall be folded to a size not to exceed 10" x 14".
Additional items and details required for all minor subdivisions
and preliminary major subdivision applications shall include:
A.
A total of eighteen (18) copies of all subdivision application documents
and plans are required. Initial submission shall consist of a total
of five (5) copies of all plans and application forms. Once an application
is deemed complete, in compliance with the Municipal Land Use Law,
an additional thirteen (13) copies of all plans and application forms
shall be submitted prior to scheduling the public hearing on the application.
All plans shall be folded to a size not to exceed 10" x 14".
B.
All plans should be presented at a scale no smaller than one (1)
inch equals fifty (50) feet. All site plans shall be prepared using
a conventional "engineer's scale." Architectural plans may be prepared
utilizing an "architect's scale". The size of sheets should not exceed
36" x 24".
C.
The general location of facilities, site improvements, and lot layouts
prepared, signed and sealed by a licensed professional engineer, surveyor,
planner or architect.
D.
The design and construction details of any public improvements including
street pavements, curbs, sidewalks, sanitary sewage and storm drainage
facilities. This plan shall be prepared by a licensed professional
engineer only.
E.
The location of the proposed site and approximate area of the subdivision
in relation to the entire Borough.
F.
A Title block, including:
(1)
Name and location of the project.
(2)
Name of firm who prepared the plan.
(3)
Full name of professional engineer, surveyor, architect or planner.
(4)
The title Professional Engineer, Land Surveyor, Architect or
Professional Planner.
(5)
License or certificate number, handwritten signature, seal,
and date signed and sealed.
(6)
If the project includes the work of any other licensed professional,
not under the immediate supervision of the principal engineering firm,
a subtitle block of that professional firm or individual must appear
on all plans involving that professional.
G.
Name, address, block and lot of all property owners within two hundred
(200) feet of the extreme limits of the subdivision.
H.
Acreage of tract to be subdivided to the nearest tenth of an acre.
For sites less than one (1) acre, the square footage of the tract
to be subdivided to the nearest square foot.
I.
Proposed number of lots or dwelling units and type.
J.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land to points extending fifty (50) feet
beyond the subdivision boundary.
K.
Subdivision boundary line or lines (heavy solid line).
L.
The location of all wooded areas which are to be retained, as well
as the location of all trees six (6) inches or greater in diameter
which are located within areas to be disturbed and within thirty (30)
feet of any area proposed to be disturbed. All six (6) inch or greater
diameter trees so indicated shall be identified as to diameter and
species.
M.
Street rights-of-way of the subdivision and within two hundred (200)
feet of its boundaries, including:
P.
The location of all other utility structures including but not limited
to, water lines and sanitary sewers on the subdivision and within
two hundred (200) feet of its boundaries.
Q.
Marshes, ponds, streams, wetlands and land subject to periodic flooding
in the subdivision and within fifty (50) feet of its boundaries, showing
the location and area covered and indicating apparent high water level.
R.
The location of existing exceptional natural features such as, but
not limited to, rock formations, and slopes exceeding twelve (12%)
percent to the proper scales both within and adjacent to the proposed
site.
S.
Lot layout, including:
(1)
Lot lines and dimensions of each lot to the nearest foot.
(2)
Front building setback lines (dashed) and their dimensions from
the street.
(3)
Existing zoning and boundaries thereof. If the entire subdivision
and lands within two hundred (200) feet of its boundaries are totally
contained within one zone, this information may be shown in the key
map.
(4)
Identification of lots or parcels of land to be reserved or
dedicated to public use, if any.
(5)
Easements and restricted areas with notation as to purpose of
restrictions.
T.
Buildings and other structures located on/or within the parcel to
be subdivided and fifty (50) feet of its boundaries. Setbacks of all
principal and accessory buildings and structures shall be dimensioned
on the plat.
U.
Soil boring information, which shall contain the following data and
be certified by a professional engineer:
(1)
Date, location and soil profile of all soil borings, including
ground water elevation. One (1) boring shall be required for each
acre to be subdivided.
(2)
Locations shall include critical conditions and areas where
drainage structures requiring seepage are to be constructed.
(3)
Soil borings are to be taken to a minimum of ten (10) feet below
existing or proposed grade, whichever is deeper. A minimum of one
(1) additional soil boring shall be taken for each storm water retention
or detention basin proposed within the subdivision, said boring being
taken to a minimum depth of ten (10) feet below the proposed bottom
elevation of the basin.
Additional items and details required for the Submission of
Final Subdivision Applications shall include all requirements for
applications for preliminary approval as well as the following:
A.
A total of eighteen (18) copies of all subdivision application documents
and plans are required. Initial submission shall consist of a total
of five (5) copies of all plans and application forms. Once an application
is deemed complete, in compliance with the Municipal Land Use Law,
an additional thirteen (13) copies of all plans and application forms
shall be submitted prior to scheduling the public hearing on the application.
All plans shall be folded to a size not to exceed 10" by 14". The
final plat shall be drawn in ink on mylar at a scale not smaller than
one (1) inch equals fifty (50) feet and in compliance with all the
requirements of the New Jersey Map Filing Law and for filing a map
with the County Recording Officer and shall be designed in compliance
with the provisions of this chapter. The final plat shall be accompanied
by the same information required for preliminary approval in addition
to the following:
(1)
Each block and lot shall be numbered in conformity to existing
tax map procedures.
(2)
The building address number for each proposed building lot of
the subdivision in accordance with existing Borough building address
numbering requirements and regulations based on the width of lots
of the subdivision as required by the Zoning Ordinance of the Borough.
(3)
Bearings and distances of all lot lines, and radii, are distances
and central angles of all curves. All distances shall be calculated
and shown to the nearest one hundredth of a foot.
(4)
Proposed final contours at two (2) foot intervals extending
to twenty-five (25) feet beyond the boundary of the subdivision. Existing
contours at five (5) foot intervals must be shown extending twenty-five
(25) feet beyond the boundary of the subdivision.
(5)
Certification that the applicant is agent or owner of the land,
or that the owner has given consent under an option agreement for
the dedication of streets, alleys, easements and other rights-of-way
and any lands for public use.
(6)
At least one (1) corner shall be tied into a U.S.G.S. benchmark.
The reference meridian (north arrow) shall be identified as true or
magnetic. Monuments, lot corners and other survey points shall be
located and described.
(7)
When approval of plat is required by an officer or body of the
County or State, approval shall be certified on the plat.
B.
Final engineering plans and utility plans, prepared by a licensed
professional engineer, at the same scale and as required on the preliminary
plat.
C.
A total of eighteen (18) copies of all application documents and
plans shall be submitted. Initial submission shall consist of a total
of five (5) copies of all plans and application forms. Once an application
is deemed complete, in compliance with the Municipal Land Use Law,
an additional thirteen (13) copies of all plans and application forms
shall be submitted prior to scheduling the public hearing on the application.
All plans shall be folded to a size not to exceed 10" by 14".
A.
A total of eighteen (18) copies of all application documents shall
be submitted. Initial submission may consist of a total of five (5)
copies of all plans and application forms. Once an application is
deemed complete, in compliance with the Municipal Land Use Law, an
additional thirteen (13) copies of all plans and application forms
shall be submitted prior to scheduling the public hearing on the application.
All plans shall be folded to a size not to exceed 10" by 14".
B.
Certification from the Tax Collector that all taxes and assessments
are paid to date.
Any appeal to the Borough Board of Commissioners shall be accompanied
by three (3) copies of the transcript(s) of the hearing(s) before
the Planning Board acting as the Board of Adjustment pursuant to MLUL.
