Township of Lower, NJ Article IX Development Application Review Procedure [1]

[1] Editor's Note: Additional requirements regarding construction trailers on development sites may be found in Ch. 617, Art. II, Trailer Regulations.

§ 400-75 Minor subdivision approval.

[Amended by Ord. No. 82-2; Ord. No. 83-34; Ord. No. 84-4; Ord. No. 89-3; Ord. No. 91-23; Ord. No. 2001-9]

A. Minor subdivision. A minor subdivision is any subdivision containing not more than three lots fronting on an existing street; not involving any new streets or roads; not involving the extension of municipal facilities; not adversely affecting the development of the remainder of the parcel or adjoining property.

(1) The remainder of a subdivided parcel or the property adjoining a subdivided parcel, if owned by the subdivider, his immediate family, agent, corporate entity or other representative, shall not be subdivided again as a minor subdivision for a period of three years commencing on the date of approval of the prior subdivision. This provision is retroactive to include all minor subdivisions approved by the Township Planning Board since June 22, 1978.

(2) Any deviation from Subsection A(1) shall constitute a major subdivision.

B. Procedure required for approval of a minor subdivision.

(1) The applicant shall complete 20 copies of an official application form obtainable from the Secretary of the Planning Board.

[Amended 5-3-2004 by Ord. No. 2004-11]

(2) The applicant shall supply 20 copies of a subdivision plat drawn by a licensed New Jersey surveyor, based on the Tax Map of the Township of Lower, applying to the area, which shall include the following:

(a) Key map showing the entire parcel and its relationship to the surrounding area, based on the Township Tax Map.

(b) Certification that the landowner has reviewed the plat and it has his or her approval.

(c) Certification of the surveyor as to the accuracy of the details of the subdivision plat.

(d) Plat shall be drawn clearly and legibly at a scale of not less than one inch equals 100 feet.

(e) Tract name (if applicable), Tax Map block and lot number, date, North arrow, scale.

(f) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, lands to be reserved or dedicated for public use or open space, all lot lines and other site lines with accurate dimensions, bearing or deflection angles, radii, arc lengths, and bearings of all curves.

(g) All proposed new lot lines, lot lines to be removed, proposed new lot numbers.

(h) Purpose of all easements or land to be dedicated for public use or open space.

(i) Location and description of all monuments.

(j) Names of all adjoining property owners.

(k) Area of parcels being severed or created to the nearest hundredth of an acre, unless lots are less than one acre, in which event the square footage of severed or created lots must be shown.

(l) Manner in which the district is zoned.

(m) The following paragraph placed conspicuously on the plat: "This minor subdivision shall expire if the filing or recording requirements of § 400-75D are not complied with within 190 days after the date of approval."

(n) Approximate tie distances to nearest street.

(o) All buildings, wooded areas, streams on entire tract of proposed subdivision and distances of all buildings from proposed property lines.

(p) Signature of Tax Collector, certifying that property taxes on entire tract being subdivided are paid in full.

(q) Flood zone and base flood elevation.

(r) Designated lines for signatures of Planning Board Chairman and Secretary, and Planning Board Engineer, and date of approval.

(3) The 20 copies of both form and plat, and the application fees as set forth, shall be submitted to the Secretary of the Planning Board.

(4) All papers shall be submitted simultaneously 21 days prior to the next regularly scheduled Planning Board meeting. The Planning Board shall act on the proposed subdivision within 45 days of receipt by the Secretary of completed application forms and accompanying documentation and material.

(5) The application fee shall be in accordance with Article X of this chapter. The fee is not returnable.

C. Procedure to be followed by the Planning Board. The following procedure shall be followed by the Planning Board:

(1) The Secretary of the Planning Board shall present the formal application and copies of the subdivision plat to the Planning Board at its next regularly scheduled meeting after timely submission unless the application is for a minor subdivision, and a Minor Subdivision Committee ("Committee") is appointed by the Chairman, pursuant to N.J.S.A. 40:55D-47(a). In such case, the Committee appointed may hear and determine the application for minor subdivision. Notice and public hearing for any matter referred to the Committee appointed hereunder shall be waived, and the Committee may grant approval or conditional approval to applications for development which conform to the definition of "minor subdivision" contained in N.J.S.A. 40:55D-5. The Committee shall consist of three Planning Board members, and may have two alternate members who must be regular or alternate Planning Board members.

(2) If approved, the Secretary shall sign one copy of the application form and one copy of the plat, indicate that the application has been approved and the date of the approval, and both copies shall then be forwarded to the applicant.

(3) If rejected, the Secretary shall promptly notify the applicant. Thereafter, the applicant may submit a revision of the application or the plat, so as to satisfy the objections of the Planning Board. A revised application or plat may then thereafter be approved by the Planning Board.

(4) The Secretary of the Planning Board shall maintain an index of approved subdivision applications in chronological order and shall enter the approved applications upon it. The Secretary shall also keep a permanent file on each approved application showing the number of the application and the name of the applicant. Each application shall be given a number.

(5) The Secretary of the Planning Board shall keep in the permanent file of the Planning Board two copies of the plat and the second copy of the approved application. The Municipal Clerk and the Tax Assessor shall each be sent one copy of the approved plat.

(6) An application fee shall not be refunded in the event that an application is rejected.

D. Procedure to be followed by applicant upon approval of minor subdivision. The applicant shall file with the county recording officer either a deed description or a plat map drawn in compliance with the Map Filing Law, Chapter 141 of the Laws of 1960,[1] within 190 days from the date of return of the approved minor subdivision plat. Failure to comply with the above shall result in automatic termination of approval.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

§ 400-76 Major subdivision approval.

[Amended by Ord. No. 82-2; Ord. No. 83-34; Ord. No. 83-36; Ord. No. 84-4; Ord. No. 84-14; Ord. No. 88-5; Ord. No. 89-3]

A. Major subdivisions. A major subdivision is any subdivision other than a minor subdivision as herein defined. No major subdivision adversely affecting the development of the remainder of the parcel or adjoining property shall be allowed.

B. Requirements for approval of major subdivision. There are three separate forms of plats required for ultimate approval of a major subdivision. The three forms are as follows:

(1) A sketch plat for purpose of conveying the general plan of a proposed subdivision being contemplated. The sketch plat shall be sufficiently comprehensive and accurate to permit discussion between the subdivider and the Planning Board, the County and Municipal Engineers, and all other interested persons and entities. As a minimum, the sketch plat shall include the items in § 400-75B(2)(a) through (d), inclusive, of this chapter. The applicant shall submit a sewage capacity commitment from the Lower Township MUA if applicable.

(2) A step two preliminary plat which shall encompass the entire area which is planned to be within the ultimate development. The approval of a preliminary plat assures the applicant that, for a period of three years from the date of approval, there shall be no change in the terms and conditions under which the preliminary approval was granted.

(3) A final plat which may cover all or a portion of the entire area presented in the preliminary plat. The approval of a final plat permits the developer to start the actual construction of the approved subdivision and the sale of lots therefrom in accordance with the regulations and requirements of the Township.

(4) An application for a major subdivision shall be accompanied by an application fee which shall be paid in cash or by check made payable to the Township of Lower. The application fee shall be in accordance with Article X of this chapter.

C. Procedure required for the submission of a preliminary plat.

(1) The applicant shall complete 20 copies of an official application form obtainable from the Secretary of the Planning Board.

(2) Twenty copies of a plat, based on the Tax Map applying to the area, drawn by a licensed New Jersey land surveyor and a licensed New Jersey professional engineer on a scale not less than one inch equals 100 feet, shall be obtained by the applicant and submitted simultaneously with the 20 copies of the application form.

[Amended 5-3-2004 by Ord. No. 2004-11]

(3) The plat shall be designed in compliance with the subdivision provisions of this chapter and amendments thereto, and particularly Articles V and VI. The plat shall include the following information:

(a) Key map showing the entire parcel and its relation to the surrounding area, taken from the Tax Map of the Township.

(b) Tract name, Tax Map block and lot numbers, date, reference meridian and graphic scale.

(c) Name and address of owner(s) of record and certification of owner(s) review and approval of that plat. If tract is owned by a corporation, a list of shareholders must be provided.

(d) Name and address of plat preparer and certification as to the accuracy of plat details.

(e) Name and address of subdivider, if different than Subsection C(3)(c) above. If tract is to be subdivided by a corporation, list of shareholders must be provided.

(f) Acreage of tract to be subdivided to nearest one hundredth of an acre.

(g) Sufficient elevations or contours to determine the general slope and natural drainage pattern of the tract, the high and low points of the tract, and tentative cross-sections and center line profiles for all proposed streets.

(h) Plans of proposed utility layouts (sewers, storm drains, water, gas, electricity, cable television), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, if the subdivision is located in a low lying area, or one showing other indication of poor drainage, the Planning Board may require a specified number and pattern of percolation tests to be made in accordance with procedures set forth in "Standards for the Construction of Sewerage Facilities for Realty Improvements," published by the New Jersey State Department of Health, or any other appropriate manual. The results of said percolation tests, together with a report from the State Department of Health concerning them, shall be submitted with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this chapter, or other applicable regulations of the Township of Lower or any Board of Health having jurisdiction, shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county, or state health agency.

(i) Tract boundary lines, right-of-way line of streets, street names, easements, and other rights-of-way, lands to be reserved or dedicated for public use and/or open space, all lot lines and other radii, arc lengths, and chord lengths and bearings of all curves.

(j) All proposed new lot lines, lot lines to be removed, proposed new lot and block numbers.

(k) The purpose of all easements or lands to be dedicated for public use and/or open space.

(l) Location and description of all monuments.

(m) Names of all adjoining property owners.

(n) Manner in which district is zoned.

(o) Approximate tie distances to nearest street.

(p) All existing buildings, wooded areas, and streams. The distances from all new property lines of all existing buildings.

(q) Signature of Tax Collector attesting to the fact that all taxes on the tract to be subdivided are paid in full.

(r) A copy of any protective covenants or deed restrictions applying to the land being subdivided.

(s) Flood zone and based flood elevation.

(t) Final lot grading plan.

(u) Designated lines for signatures of Planning Board Chairman and Secretary, and Planning Board Engineer, and date of approval.

(v) A soil map of the project site shall show soils of the site as determined by a soil scientist or the Soils Survey of Cape May County. This map shall also have a proposed street and utility layouts.

(4) An application for a major subdivision shall be accompanied by a nonrefundable application fee which shall be in accord with Article X.

(5) Twenty copies of the plat, 20 copies of the application, and the application fee shall be submitted simultaneously to the Secretary of the Planning Board 21 days prior to the next regularly scheduled Planning Board meeting.

[Amended 5-3-2004 by Ord. No. 2004-11]

D. Procedure to be followed by Secretary of the Planning Board. The Secretary shall forward a copy of the plat to the Engineer and to the Township Assessor. The remaining copies shall be retained by the Secretary of the Planning Board.

E. Public hearing. The Planning Board shall establish a time and place for the holding of a public hearing on the application. The applicant shall notify by certified return receipt mail, at least 10 days prior to the date of the hearing, all property owners within 200 feet to the extreme limits of any portion of the subdivision as their names appear on the Township tax record. The notice shall state the time and place of the hearing, a brief description of the subdivision and the property involved, a statement as to its location, a list of the maps and other documents to be considered and that a copy of the subdivision application and plat has been filed with the Secretary of the Planning Board and the Township Clerk and is available for public inspection. The notice shall give the name, address and telephone number of the Secretary of the Planning Board. An affidavit of service of the notice shall be filed with the Secretary prior to or at the hearing. The applicant shall cause notice of the hearing to be published in the official Township newspaper at least 10 days prior to the hearing.

F. Planning Board approval.

(1) Upon receipt by the Secretary of the Planning Board of the analysis of the County Planning Board and the recommendations of the County Planning Board, and subsequent to the aforesaid public hearing, but not later than three weeks after the plat is forwarded to the County Planning Board, a meeting shall be held by the Township Planning Board for purposes of analysis and decision by the Township Planning Board.

(2) If approval is granted, the Secretary of the Planning Board shall notify the Township Clerk, the Township Assessor, Building Inspector, Engineer, County Planning Board, and the applicant.

(3) The Township Planning Board shall either approve or disapprove the application within 90 days of its submission to the Planning Board.

(4) If the County Planning Board has approval authority because a county road is involved pursuant to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Township Planning Board or the County Planning Board disapproves the plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Planning Board within the ninety-day period above provided. If approval is required by any other officer or public body, the same procedure set forth with respect to the County Planning Board shall apply.

[1] Editor's Note: N.J.S.A. 40:27-12 was repealed by P.L. 1968, c. 285.

(5) If the Township Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received preliminary approval and has been returned to the applicant for compliance with final approval requirements.

(6) Subsequent to approval of the preliminary plat, the applicant shall submit to the Township Planning Board an estimate of the valuation of the improvements to be installed for the subdivision pursuant to Article V of this chapter. This valuation shall be submitted prior to any action being taken by the applicant to start construction of the subdivision. Upon receipt of the estimate, which shall be in an itemized form, the Planning Board shall review the same and consult with the Engineer and shall make its determination of the cost of the improvements. Thereafter, and prior to the actual start of any construction on the subdivision, the applicant shall pay a fee to all applicable agencies to defray the cost of inspection of said improvements pursuant to Article X. No final plat may be submitted for approval until proof has been submitted that this section is complied with.

(7) If the development plan requires CAFRA approval, the plan must be resubmitted to the Planning Board with any conditions imposed by CAFRA shown on the plan. Said conditions shall become a condition of Planning Board approval.

G. Procedure required for submission of a final plat. The following procedure shall be followed for submission of a final plat:

(1) The applicant shall complete 20 copies of an official application form obtainable from the Secretary of the Township Planning Board.

(2) The application shall be made within three years of the date of approval of the preliminary application.

(3) The Township Planning Board shall act upon the application for the approval of the final plat within 45 days from the date of submission of the application. Failure of the Township Planning Board to act within the time herein provided, or within a mutually agreed upon time of extension, shall be deemed to be favorable approval, and the Secretary of the Township Planning Board shall thereupon issue a notification to that effect.

(4) The plats to be submitted shall be as follows: 20 master sheets showing the final plot plan with blocks, lots, and streets. All changes or modifications, if any, from the approved preliminary plat must be incorporated in the final plat. The final plat shall be drawn by a licensed New Jersey land surveyor and a licensed New Jersey professional engineer. The scale of the final plat shall not be smaller than one inch equals 100 feet.

(5) The plat shall be designed in compliance with the provisions of this subdivision section and particularly in compliance with the provisions of Articles V and VI of this chapter and shall be accompanied by:

(a) Date, name and location of subdivision, name of the owner, graphic scale and reference meridian (i.e., indicating true North; or magnetic North with year designated).

(b) Tracts, boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves.

(c) The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

(d) Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with number one. When sections of the same block are contained in different subdivisions, care shall be taken not to duplicate lot numbers.

(e) Minimum building setback line on all lots and other sites.

(f) Location and description of all monuments.

(g) Names of owners of adjoining unsubdivided land.

(h) Certification by engineer or surveyor as to accuracy of details of plat.

(i) Certification that the applicant is the owner of the land or his agent, or that the owner has given consent under an option agreement.

(j) When approval of a plat is required by any officer or body of the municipality, county or state, approval shall be certified on the plat.

(k) Cross sections and profiles of streets, approved by the Engineer, shall accompany the final plat.

(l) Plans and profiles of storm and sanitary sewers and water mains.

(m) Certificate from Tax Collector that all taxes are paid to date.

(n) A statement by the Engineer that he is in receipt of a map showing all utilities and exact location and elevation, identifying those portions already installed and those to be installed.

(o) The applicant shall submit a statement by the Engineer to the effect that either all of the improvements required under this chapter or otherwise have been installed, or the Engineer shall give an estimate of the cost of their installation. The estimate will form the basis of a performance guarantee in accord with Article X of the said estimate to insure the completion of all such required improvements. A performance guarantee may be in the form of a performance bond, a certified check, an escrow agreement, acceptable securities, or other similar collateral or surety agreements. The performance guarantee shall be approved by the Township Attorney as to form and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board. The period shall not initially be more than three years, and all such improvements shall be made within three years; provided, however, that if the consent of the surety, if any, is obtained, the applicant and the Planning Board may agree upon the extension of such performance guarantee for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the Township Committee by resolution when portions of the required improvements have been installed as set forth in the report from the Engineer and approved by the Planning Board. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements.

(p) House numbers for each building lot on the final site plan plot only.

(q) Designated lines for signatures of Planning Board Chairman and Secretary, and Planning Board Engineer, and date of approval.

(r) An escrow account shall be established by the developer to cover the costs of streetlight installation.

H. Final Planning Board action.

(1) Within the forty-five-day time limitation above set forth, the Secretary of the Planning Board shall present to the Planning Board for its approval the application, together with all the required documents as above set forth, including the following:

(a) Twenty copies of the application.

[Amended 5-3-2004 by Ord. No. 2004-11]

(b) Twenty complete copies of the final plat plan with blocks, lots and streets.

[Amended 5-3-2004 by Ord. No. 2004-11]

(c) The Engineer's statement on public utility locations.

(d) The Engineer's statement on installation of required improvements; or if not installed, his statement of the amount of the performance guarantee required to complete installation.

(e) Performance guarantee bond or other suitable surety; and a letter from the Municipal Attorney approving the guarantee submitted.

(2) If approved, a notation to that effect with the date of the approval shall be made on the copy for filing in the office of the County Clerk, and signed by the Chairman and Secretary of the Planning Board.

(3) After approval, the Secretary of the Planning Board shall deliver the signed copy of the plat to the applicant. The final plat, after approval, shall be filed within 90 days from the date of such approval. If any final plat is not filed within this ninety-day period, the approval shall be deemed null and void. No plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Township Planning Board and signed by the Chairman and Secretary of the Planning Board. Copies of the approved plat shall be forwarded with the usual transmittal form to the land use official (Mylar if applicable), Construction Official, Township Clerk, Township Engineer (Mylar if applicable), Municipal Tax Assessor, Board files (Mylar if applicable) and the applicant (Mylar if applicable) and such other municipal, county or state agencies or officials as directed by the Board, transportation supervisor of affected schools, Township Police Department, Township Fire Department, Township Rescue Squad, branch of United States Post Office, and the County Planning Board. A copy of the application form with the approval noted thereon shall be delivered to the applicant. The performance guarantee shall be delivered and retained by the Township Clerk. A statement by the Engineer with respect to the location of public utilities and with respect to the amount of the performance shall be delivered to and retained by the Township Clerk. A statement by the Engineer with respect to the location of public utilities and with respect to the amount of the performance guarantee to be required shall be retained by the Secretary of the Planning Board. Upon request of the Secretary of the Planning Board, and upon other such times as the Engineer shall deem necessary, the Engineer shall make field inspections of the work done pursuant to the subdivision in order to assure that the requirements and conditions of the subdivision approval are being met. The Planning Board and the Township Committee shall be kept advised with respect thereto.

(4) If any persons shall be aggrieved by the action of the Planning Board, appeal in writing to the Township Committee may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be held within 60 days on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the Township Committee may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Committee, and the applying party shall be given a copy.

(5) All streets, curbs, gutters, and sidewalks constructed under this chapter shall be guaranteed for a period of one year from the date of Township acceptance of such work. A maintenance guarantee for a period of one year in the amount of 10% of the total cost of streets, curbs, gutters, and sidewalks shall be posted with the Township Committee, to be retained by the Township Clerk, in a form approved by the Township Solicitor. The maintenance guarantee may be in the form of a maintenance bond, certified check, escrow agreement, acceptable securities, or other similar collateral or surety agreement.

§ 400-77 Preliminary site plan review. [1]

[Amended by Ord. No. 82-22; Ord. No. 83-34; Ord. No. 83-36; Ord. No. 84-5A; Ord. No. 85-4; Ord. No. 88-5; Ord. No. 92-11; Ord. No. 92-35; 5-3-2004 by Ord. No. 2004-11; 3-16-2020 by Ord. No. 2020-10]

A. Where required. Where a zoning, occupancy or building permit is required for any new construction, enlargement, relocation, reconstruction, or for any open parking area, accessory or otherwise, whether by right, variance, or conditional use, such application shall be referred to the Planning Board for review of the site plan. However, the provisions of this section shall not apply to a single-family dwelling, permitted as of right, or any use, building or structure accessory thereto.

(1) Has secured previous site plan approval(s);

(2) Involves normal maintenance or replacement such as a new roof, painting, new siding or a similar activity; and/or

(3) Does not effect existing circulation, drainage, building arrangement, landscaping, buffering, lighting and/or similar considerations.

B. Objective of site plan review. In reviewing any site plan under this section, the Board shall be concerned with the following objectives:

(1) To promote the public health, safety, comfort, convenience, prosperity, amenity, and other aspects of general welfare.

(2) To ensure that the layout of the proposed use shall be in harmony with the surrounding area and shall contribute to its desirable and orderly development.

(3) To ensure that traffic generated by the proposed use will not adversely affect the surrounding area and will not disrupt the orderly movement of vehicles and pedestrians in such area.

C. Factors considered. In such review, the Board shall take into consideration such factors as the following:

(1) Provisions for fire and police protection, including free access for firefighting equipment and other emergency vehicles around buildings, the availability of fire hydrants and the installation of proper size service waterlines.

(2) The adequacy of provisions of drainage of surface waters and for waste disposal.

(3) The location and the layout of accessory off-street parking and off-street loading spaces, the width and grading of all entrances and exits to such spaces, the location of such exits and entrances, the degree of visibility and the direction of major flow, together with:

(a) The distance from street intersection;

(b) The likelihood of lefthand turns and other turning movements; and

(c) The likelihood of drawing vehicular traffic to and through local residential streets.

(4) The arrangements for safe and convenient pedestrian circulation on the site and on its approaches.

(5) The impact of the proposed layout upon the surrounding area, and particularly upon any nearby residences, including but not limited to:

(a) The location and height of buildings;

(b) The location, intensity and direction of any outdoor lighting and the proposed times for its use;

(c) The likelihood of any other nuisances; and

(d) Whether appropriate and adequate screening is provided.

(6) The site, location and type of any signs and their appropriateness in the area involved.

(7) The arrangements for any outdoor display or storage.

(8) The proposed landscaping and its appropriateness in the area involved. Preservation of substantial trees is to be encouraged to the maximum extent possible.

(9) The arrangement of buildings, structures and open spaces on the site.

(10) All utility services should be adequate for the purpose intended and shall be placed underground. All utilities shall be approved by the appropriate agencies prior to submission of the site plan to the Planning Board.

(11) In its review the Board shall encourage creative design of the site to provide a more convenient and attractive layout. The Board's review shall be concerned with all site features, including, inter alia, accessory buildings, structures, and signs as well as the major buildings or structures.

D. Minor site plan waiver may be applied for if the application for development:

(1) Is not an existing or proposed vacant lot.

(2) The Board determines that the proposed development will not adversely affect existing circulation, drainage, building arrangements, landscaping, buffering, lighting, and similar conditions; and

(3) Where the size of any proposed addition does not exceed 25% of the existing building.

E. An applicant shall submit:

(1) Twenty current copies of a survey prepared by a NJ Licensed Land Surveyor (three sealed) of the site and 20 copies of a drawing showing the location of all existing buildings and entrances, including height and dimensions of buildings. The drawings may be prepared by an applicant or a representative. The current use of the site must be indicated on the drawing.

(2) The applicant shall submit a letter requesting a minor site plan waiver from the Planning Board.

(3) Minor site plan application shall not require review by the Township Engineer except on a case-by-case basis, as ordered by the Planning Board.

(4) The Planning Board shall review the application and grant the Waiver, or refer the application for a Preliminary and Final Site Plan review before the Planning Board.

F. Procedure, powers and appeal.

(1) The following procedure shall be required for approval of a site plan: The applicant shall complete 20 copies of an official application form. This application form and a copy of the regulations governing site plan review are obtainable from the Planning Board Secretary. The applicant shall supply 20 copies of the site plan drawings and supporting plans and/or documents based upon the Tax Map of the Township. The 20 copies of the application form, together with 20 copies of the site plan drawings, together with the application fee, as herein set forth, shall be submitted to the Planning Board Secretary at least 21 days prior to the meeting at which it is to be considered. All papers shall be submitted simultaneously. The minimum application fee shall be in accordance with Article X. The fee shall be paid in cash or by check made payable to the Township of Lower. The application shall contain all information required by this chapter and the regulations for site plan review and shall comply with all such requirements and regulations as therein provided or it will not be considered by the Board. The applicant shall appear before the Planning Board to present this proposal at the time of the Board's consideration of it.

(2) In any submission under this section, the Board shall review the application, utilizing the site review factors above noted and the requirements of the zoning chapter, and may approve or disapprove the proposed plan, or may approve it subject to appropriate conditions and safeguards designed to further the general purposes of this chapter and the specific purposes indicated above. The building permit and certificate of occupancy shall then be made explicitly subject to continued conformity with those conditions and safeguards.

(3) The Planning Board shall report upon any such proposal within 90 days from the time of its referral. The report shall contain the Board's findings and reasons for its actions. The Board's report may be postponed for two additional periods by agreement between the Board and the applicant, not to exceed 60 days each, and if not then acted upon, the applicant's proposal shall be deemed approved. If the Planning Board believes that any such proposal raises questions of unusual public interest, the Board may hold a public hearing on such proposal in which case notice thereof shall be published in the official newspaper of the municipality or in any newspaper of general circulation within the municipality at least 10 days prior to the hearing and notice of the hearing shall be given by applicant to adjoining owners as required in connection with a variance applicant to the Board of Adjustment.

(4) Granting of site plan approval shall not relieve any applicant from any provision of the zoning chapter, nor shall such approval constitute a recommendation of any zoning variance or other relief that applicant may thereafter seek from the Board of Adjustment.

(5) An application form shall be obtained from the Secretary of the Planning Board, and regulations shall contain all information hereinafter indicated.

G. Regulations governing the application for site plan review.

(1) Give title and location of development and the name and address of record owner and/or development applicant, and site planner preparing the site development plan.

(2) Indicate proposed use or uses of the land and buildings.

(3) Site plans should be presented at a scale no smaller than one inch equals 50 feet, nor larger than one inch equals 20 feet; size of sheets should not exceed 36 inches by 24 inches.

(4) Scale and graphic scale.

(5) North arrow in same direction on all sheets.

(6) Submit survey of the property prepared by a licensed surveyor of New Jersey, showing boundaries of properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the development. Also indicated on this sheet will be the North arrow, scale feet and graphic scale, name and address and professional license number and seal of the surveyor who prepared the survey.

(7) Give names of all owners of record of all adjacent properties with lot and block number, parcel number, Tax Map number, within 200 feet of the property.

(8) Show existing and proposed buildings with dimensions, showing, with first floor elevation, present and finished grade elevations at all corners and entrances. Present buildings and structures to be removed are to be indicated.

(9) Submit topographic map to delineate existing contours at two-foot intervals, up to 10 feet beyond property lines, as well as proposed grading and contours, wooded areas, trees (where six inches or greater in diameter), floodplains, ponds, streams and drainage ditches, etc.

(10) Indicate the location of all existing and proposed structures, i.e., walls, fences, culverts, bridges, roadways, etc., with grade elevations for each structure.

(11) Indicate existing zones of the development site and of zones within 100 feet of the property.

(12) Show all existing schools and special district boundaries within 200 feet of the property. This should be shown on a separate map or as a key map on the site plan map itself.

(13) Indicate the distance of the property line (measured along the center line of existing streets abutting the property) to the nearest intersection which should be shown.

(14) Show the boundaries of the property, building and setback lines, lines of existing streets, lots, reservations, easements and areas dedicated to public use.

(15) Indicate locations of all utility structures and lines, existing and proposed stormwater drainage on-site and off-site and from buildings and structures, as well as telephone, power and light, water hydrant locations, sewer, gas, etc., whether privately or publicly owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.

(16) Show location, size and nature of the entire lot or lots in question of contiguous lots owned by the applicant or owner of record, or in which the applicant has a direct interest even though a portion of the entire property is involved in site plan development. Provide on a key map, if necessary.

(17) Show all proposed easements and public and community areas.

(18) Indicate all means of vehicular ingress and egress to and from the site on to public streets, showing the size and location of driveways, curb cuts and curbing, and site lines.

(19) Show location and design of off-street parking areas, showing their size, and the locations of internal circulation, traffic patterns, parking space, aisles, driveways, curbing, barriers, and wearing surface finishes and construction.

(20) Show location, arrangement and dimensions of truck loading and unloading platforms and docks.

(21) Indicate provisions for refuse and garbage disposal. Ensure that such areas are not exposed to view, are unpolluting, covered from weather and are secure from vandalism. Incineration of burning units will be of such design and construction as to be approvable by the State Departments of Health and Environmental Protection. Compactor units will ensure completely sealed operation. Open dump areas for garbage or refuse should be prohibited, but where they are deemed necessary they must be enclosed and constricted with views to sight, fire protection, sanitation and security.

(22) Show provisions for screening or storage of equipment, attached or separate from buildings.

(23) Indicate all existing or proposed exterior lighting (freestanding and/or on building) for size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, as well as time controls proposed for outdoor lighting and display.

(24) Note all existing and proposed signs and their sizes, nature of construction and locations, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time control for sign lighting.

(25) Indicate locations, dimensions and construction of off-site sidewalks, on-site exits, walks and sidewalks. Provision should be made for pedestrian safety, accessways and, where necessary, a bicycle system and racking.

(26) Show proposed screening of green areas and landscaping and fencing, including a planting plan and schedule, and trees, off-site and along road, etc. Provision should be made for maintenance.

(27) Show improvements to adjoining streets and roads, and traffic control devices necessary in streets or highways. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads should be considered.

(28) Copies of any covenants and deed restrictions intended to cover any of the development site should be submitted.

(29) A detailed written description, sketch, rendering or picture of any new buildings or structures should be presented.

(30) Preliminary architectural floor plans and elevations should be submitted, with the name, address, professional number and seal of the architect.

(31) Supply appropriate places for signature and date of approval of the Chairman and Secretary of the Board and its Engineer.

(32) In fire prevention, consideration must be shown for service lines, hydrants, siamese connections, automatic sprinkler system, fire zones, no-parking fire zones and pavement and wall signs.

(33) Flood zone and base flood elevation.

(34) Final lot grading plan.

(35) Show house numbers for each building lot on the final site plan plot only.

H. If the development plan requires CAFRA approval, the plan must be resubmitted to the Planning Board with any conditions imposed by CAFRA shown on the plan. Said conditions shall become a condition of Planning Board approval.

[1] Editor's Note: See also § 400-62, Permitted exclusions to §§ 400-77 and 400-78.

§ 400-78 Final site plan review approval. [1]

[Amended by Ord. No. 82-22; Ord. No. 84-4; Ord. No. 88-5]

A final submission is required of all site plans approved at the preliminary submission stage.

A. Procedure for submitting final site plans.

(1) Within three years after the date of preliminary approval, the applicant shall submit to the Secretary of the Planning Board, at least 21 days prior to the first regularly scheduled monthly meeting of the Planning Board, 20 copies of the final plan; 20 copies of the completed application form; and the fee in accordance with Article X of this chapter.

B. Details required for final plans.

(1) All details stipulated in § 400-77E of this chapter.

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

(3) The final submission shall be accompanied by the following documents:

(a) Certification from the Tax Collector that all taxes are paid to date.

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

(c) The applicant shall certify to the Board in writing that he:

[1] Has installed all improvements in accordance with the requirements of this chapter; and/or

[2] Will post a performance guarantee in accordance with the requirements of this chapter.

(d) A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 400-81 of this chapter, and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.

C. Action by the Township.

(1) Upon the submission of a complete application for final approval, the Board shall grant or deny final approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Failure of the Board to act within 45 days or such further time as agreed to by the applicant shall constitute final approval. In such case, the Secretary of the Planning Board shall certify on the plan the submission date of the application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of the written endorsement of the Board.

(2) If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least five copies of the plat or plan with a notation that it has been approved.

(3) If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 21 days of such determination.

D. Effect of final approval. Final approval of a site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:

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

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

(3) The expiration dates apply to all site plans approved prior to the adoption of this amendment in accordance with the Municipal Land Use Act.[2]

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[1] Editor's Note: See also § 400-62, Permitted exclusions to §§ 400-77 and 400-78.

§ 400-79 Dune area site plan review. [1]

[Amended by Ord. No. 84-9; Ord. No. 89-3; Ord. No. 89-6]

A. Preamble.

(1) Sand dunes represent a natural defense against the forces of the sea, effectively absorbing the energy of storm waves. The dune's protective value is greatly increased when the dunes are stabilized by a covering of a well-developed dune grass or other suitable vegetative material. When so stabilized, dunes often afford complete protection to the land behind them unless their effectiveness has been decreased by the acts of man. If dunes are lowered or breached or the stabilizing vegetative covering is removed, this will allow high storm waters to overtop the lowered section and flood the areas behind the dunes. In some cases, this action also results in the destruction of the remaining dune, due to accelerated erosion.

(2) The lowering of the dunes and/or the clearing or removal of the protective vegetation from the dune may have a deterrent effect on the dune's ability to protect the public health, safety, and welfare. It is therefore necessary that the Township take action to protect the existing sand dunes and to encourage the development of new dunes.

(3) As dunes are located at or near the beachfront, the Township, in establishing the dune line, has attempted to define a dune line as close to the beachfront as possible, consistent with conserving the natural protective aspects of the dunes. It is determined that the strength of destructive storms and waves coming from the Atlantic Ocean is greater than those coming from the Delaware Bay, and that the dunes along the Atlantic Ocean, by nature, fall further from the mean high-water line than do the dunes along the Delaware Bay.

B. Purpose; beach and environment protection. It is the intent of the Township not to prevent development in the dune area, but to control development so as to prevent and eliminate conditions which, in the event of flood and storm, threaten the public health, safety, and welfare and also to ensure the integrity of the dune system within the dune area to be preserved. In order to carry out this intention, the Township hereby requires that all affected parties comply with the following subsections of this section.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

DUNE

A hill of sand accumulated at or near the beachfront, usually by natural means. It shall extend from the crest of the hill to the base of the hill where the hill intersects the existing grade, on every side, whether or not the grade be uniform and whether or not the intersection may at times be below water.

DUNE AREA

That area which extends from the low-water line to the dune line. It includes the beach and beach dune area located within the limits designated herein.

DUNE LINE

That certain line established by the Township, whether or not actual sand dunes are situated thereon, which is 200 feet landward from the mean high-water line established by the US Coast Guard Geodetic Survey, Datum of 1929, or the first parallel, paved, accepted street, whichever is greater, where the boundary of the Township is the Delaware Bay, and 600 feet from the mean high-water line along that portion of the boundary beginning at the southwest bank of the Cape May Canal and running counterclockwise to the boundary line between the Township of Lower and Wildwood Crest, which includes the areas along the Atlantic Ocean, and the Delaware Bay, south of the Cape May Canal.

D. Requirement of dune area site plan approval.

(1) It shall be unlawful to remove, cart away, or redistribute by any means any sand or vegetation, or both, or to proceed with any type of construction within the dune area prior to obtaining a site plan approval by the Planning Board of the Township in accordance with the provisions of this chapter. No building permit for any such activity shall be issued by the Building Inspector until he has first received written approval from the Planning Board of the Township in accordance with the provisions of this section. The provisions of this section shall not apply to the construction of bulkheads and other shore protection devices that serve to protect the Township of Lower dune system from storms, tides and other weather-related events, subject to appropriate approvals from state and/or other governmental authorities.

[Amended 12-17-2012 by Ord. No. 2012-22]

(2) The above notwithstanding, Subsection D shall not apply to any construction, renovation, or other work performed entirely within or upon the existing perimeter of an existing structure.

(3) In addition to the requirements of § 400-77, the above-mentioned dune area site plan review shall be required only where the acts referred to above fall within or affect those lands, public or private, lying within the dune area as defined herein.

(4) Removal of sand on improved properties or public rights-of-way.

(a) Prior to any removal under Subsection D(4)(b) and (c) below, notify the Construction Official, in writing, 24 hours prior to the time inspection is desired, after which the inspector has three working days to complete said inspection. No removal of sand shall take place prior to the written approval by the Construction Official. Said approval shall be in accordance with Subsection F.

(b) Removal of sand for a depth of one to 36 inches will be permissible, provided that said sand is not part of a dune system. In addition, removal of sand for a depth of 12 inches to 36 inches requires a schematic drawing, which may be done by the property owner, to show the proposed work to be done. The Construction Official shall make the determination as to whether the sand is part of a dune system.

(c) Material removed in accordance with this section of this chapter shall be deposited on the beach at specified locations as designated by the Construction Official.

(5) Failure to request the inspections or any other violation of this section will subject violators to a fine of not more than $500 which shall be levied at the discretion of the Construction Official, and the dune shall be restored to the specification of the Township Engineer. Any engineering costs incurred by the Township Engineer during the inspections shall be the responsibility of the violator.

E. Procedure.

(1) Where the applicant acknowledges that a building permit which he is seeking applies to a lot or lots, or any part thereof, which falls within or affects the dune area as defined above, the following steps shall be taken:

(a) Application shall be made directly to the Secretary of the Planning Board by submitting a site plan as defined below along with such application forms as may be prescribed by the Planning Board.

(b) Such application shall be in accordance with the remaining provisions of this subsection and shall also follow, where not inconsistent herewith, the provisions of § 400-77, and the completed application shall be submitted to the Planning Board not later than 21 days prior to the meeting of the Planning Board at which the application is to be considered.

(2) Where the applicant believes that a building permit which he is seeking does not apply to any lot or lots, or any part thereof, which falls within or affects the dune area as defined above, the following steps shall be taken:

(a) The applicant shall apply for such permits in such manner as may be prescribed elsewhere under the applicable ordinances of the Township of Lower.

(b) The Building Inspector shall make a preliminary determination before the application is further considered by his office whether the dune area as defined above is or may be involved by or concerned with the application.

(c) If the Building Inspector shall determine that the dune area as defined above is not involved, he shall continue to process the application after having noted thereon this determination. If the Building Inspector determines that the dune area is or may be involved, he shall notify the applicant, which applicant may thereafter:

[1] Make application to the Planning Board directly as provided for herein; or

[2] Provide additional information to the Building Inspector, including, but not limited to, a plot plan prepared by a licensed surveyor or engineer showing the mean high-water line of the area under consideration and the dune line as defined hereinabove.

[3] The Building Inspector shall review the matter again and dispose of the matter as referred to hereinabove by determining that the dune area is not affected or by requiring the applicant to proceed before the Planning Board before further action by the Building Inspector.

(3) In addition to any other applicable fees, where Planning or Zoning Board action is required under this chapter, an application fee of $250, not refundable, shall accompany the application when filed with the Planning Board or Zoning Board of Adjustment.

(4) Contents of application. All applications made to the Planning Board pursuant to this chapter, in addition to any additional or supplementary information which the applicant deems appropriate, including the following:

(a) Twenty copies of the site plan, drawn to a scale of not less than one inch equals 50 feet, which shall include the name of the applicant; the name of the record owner of the property or properties in question; the name of the person preparing the site plan; the addresses and telephone numbers of those persons heretofore mentioned; the block and lot numbers of the parcels concerned; and the Tax Map sheet number as reflected on the Tax Map of the Township of Lower; the date of preparation; the scale and North arrow; a key map showing the location of the property and its relationship to the surrounding areas; the zone or zones in which the property in question and the adjoining properties fall, as defined by the Zoning Ordinance of the Township of Lower; all setback and yard dimensions; the mean high-water line and the dune line as defined herein; and an appropriate block to reflect the approval or disapproval by the Planning Board, providing a space for the signature of its Chairperson and Secretary, and the date such action was taken.

[Amended 5-3-2004 by Ord. No. 2004-11]

(b) A grading plan, as part of the site plan, which shall include the existing and proposed topography. At least two elevation views, perpendicular to each other, shall be submitted showing accurately the existing ground lines and dunes as defined above, and their relationship to the proposed structure and proposed ground line. The grading plan shall be accompanied by sufficient site photographs to show all dune and vegetation development in the area.

(c) A plan of the location of the well, and the septic system (if applicable), shall be shown on the survey; if changes are deemed necessary by the County Health Department, after approval by the Planning Board, said revision shall require approval by the Planning Board; there shall be no additional fees required for Planning Board review of changes made pursuant to this subsection.

(d) Such application form or forms as may be promulgated by the Planning Board of the Township for use pursuant to this subsection.

(5) To the extent not inconsistent herewith, the procedures prescribed in § 400-77, including the method of appeal from an adverse decision, shall apply to this section.

F. Standards and objectives. In reviewing and considering an application made pursuant to this section, the Planning Board of the Township shall be guided by the following standards and objectives:

(1) Promoting the public health, safety, comfort, convenience, prosperity, amenity, and other aspects of the general welfare, paying special attention to the effect which the proposed changes would have upon the deterrent ability of the dunes in the event of flood or storm.

(2) Ensuring that the proposal will not significantly impair the integrity and utility of the dune system within the dune area.

(3) Ensuring that the proposal is conducive to the orderly development of the adjacent area, as well as the site in question.

G. The Planning Board need not consider any application which does not comply in all respects with the provisions of Subsection E above. The Planning Board shall, in addition, consider the requirements of the other ordinances of the Township, including but in no way limited to this chapter and § 400-77. Approvals shall not be given to any application where, in the determination of the Planning Board, the utility and integrity of the dune system within the dune area will be destroyed or substantially impaired, or where the public health, safety, and welfare will be threatened in the event of flood, storm, or other natural occurrence.

[1] Editor's Note: See also § 400-63, Permitted exclusions to § 400-79.