A. 
Conformance with the County Planning Act. The procedures and design standards herein shall apply to all land development which requires County review and/or approval pursuant to the County Planning Act (N.J.S.A. 40:27-6.2 and 6.6 et seq).
B. 
Site plan and subdivision submittal. Any person intending to proceed with any development which is regulated by this chapter shall submit a site plan or subdivision application to the County, with the information required by this chapter. The municipal building official shall not issue a building permit on any development requiring County review and approval until the site plan or subdivision has been given a final approval by the DRC.
C. 
Pinelands jurisdiction. Any person intending to proceed with development which is regulated by this chapter and which is located within the Pinelands Area of Atlantic County shall also be required to comply with the additional procedures set forth in § 86-303.
D. 
Public right to attend. The public has the right to attend the meetings of the Development Review Committee (DRC) and Planning Advisory Board (PAB) in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
Application fees shall be paid with the submission of any site plan or subdivision application to the County. The following applies to application fees:
A. 
Application fees are based on the classification of the application outlined in § 86-304D and are identified below.
(1) 
Minor subdivision (along a County road or impacting a County road or drainage facility):
(a) 
With no proposed improvements along the County road: $200.
(b) 
With proposed improvements along the County road: $300.
(2) 
Minor subdivision (not along a County road and not impacting a County road or drainage facility): $150.
(3) 
Major subdivision:
(a) 
Not along a County road and not impacting a County road or drainage facility: $150.
(b) 
Along a County road or impacting a County road or drainage facility: $300.
(4) 
Site plan:
(a) 
Not along a County road and not impacting a County road or drainage facility: $150.
(b) 
Along a County road or impacting a County road or drainage facility: $300.
(c) 
Exempt: $100.
(5) 
Subdivision final plat (sign and seal): $100.
B. 
Payment of the application fee shall be in the form of a check and shall be made payable to the "Atlantic County Treasurer." Cash will not be accepted.
C. 
Additional review fees are not be required for revised plans which are submitted in response to comments produced by the County staff or the DRC.
D. 
All land development applications submitted on behalf of a municipality are exempt from submitting an application fee.
A. 
Applicability of procedures. No person shall carry out any development regulated by this chapter and within the Pinelands Area of Atlantic County without obtaining approval from the DRC and the Pinelands Commission in accordance with the procedures set forth in this chapter. In the event of a conflict between the Pinelands Comprehensive Management Plan and a County design standard, the applicant shall notify the DRC, in writing, of the conflict and the Pinelands design standard shall be deemed controlling.
B. 
Completeness of application. Before an application for any development in the Pinelands Area can be considered complete by the DRC, one of the following items must be received:
(1) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34;
(2) 
A certificate of completeness as issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.15 for development proposed in areas without certified local plans.
C. 
Notice requirements to Pinelands Commission.
(1) 
Notice of application. Written notification, by email or regular mail, will be given by the County to the Pinelands Commission within seven days after a determination is made by the DRC that an application for development is complete or if a determination is made by the DRC that an application which was previously filed has been modified. Said notice shall contain all the information required pursuant to N.J.A.C. 7:50-4.35(b).
(2) 
Notice of meeting or hearing. Where a hearing on an application for development approval in the Pinelands Area is required, the County shall notify the Pinelands Commission, by email or regular mail or delivery of the same to the principal office of the Commission, at least five days prior to such hearing. Said notice shall contain the information required pursuant to N.J.A.C. 7:50-4.35(c).
(3) 
Notice of approvals and disapprovals. The County shall notify the Pinelands Commission, by email or regular mail, of all approvals and disapprovals of development in the Pinelands Area, whether the approval occurs by action or inaction of the DRC or an appeal of any County decision. The County shall serve notice to the Commission within five days of the approval or disapproval. Said notice shall contain the information required pursuant to N.J.A.C. 7:50-4.35(d).
D. 
Pinelands review of County approval.
(1) 
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 86-303C(3), above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval by the County shall not be effective and development shall not be carried out prior to the determination of whether the development approval will be reviewed by the Commission.
(2) 
If the applicant is notified that the Commission will review the application for development, it shall not be carried out until such review has been completed and the Commission has approved or approved with conditions the proposed development and the provisions of N.J.A.C. 7:50-4.38(d) have been fulfilled.
(3) 
Although the Pinelands Commission shall be notified of all denials of applications for development, no such denial actions are subject to further review and action by the Pinelands Commission.
E. 
Effect of Pinelands decision on County approval. If the Pinelands Commission disapproves an application for development approved by the DRC, such an approval shall be revoked by the DRC and the Committee shall thereafter deny approval of the application. If the Commission approves the decision of the DRC subject to conditions, the Committee shall, within 30 days, modify its approval to include all conditions imposed by the Pinelands Commission, and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
F. 
Public hearings. The Pinelands Commission may participate in a hearing held in the County involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50 - 4.36 et seq.
G. 
Public development. All development proposed by the County or any County agency will comply with all the requirements for public development set forth in N.J.A.C. 7:50 - 4.51 et seq.
H. 
Pinelands compliance. In amending this chapter, the County Master Plan or any other land use ordinance, the County shall comply with all the requirements of N.J.A.C. 7: 50 - 3.20.
A. 
General plan preparation. In addition to the requirements of this chapter, the preparation of any site plan or subdivision, including supporting documentation, such as drainage calculations and a traffic impact analysis, shall be prepared in accordance with the applicable state laws governing the preparation of said plans and documentation, including but not limited to:
(1) 
An Act Concerning the Practice of Professional Engineer and Land Surveyor, N.J.S.A. 45:8-27 et seq., N.J.A.C. 13:40-7.1 et seq., Engineers and Land Surveyors.
(2) 
Laws Governing the Practice of Architecture, N.J.S.A. 45:3-1 et seq. or N.J.A.C. 13:27-6.1 et seq., Architects.
(3) 
Permissible Division of Responsibility in Submission of Site Plans and Major Subdivision Plats, N.J.A.C. 13:41-4.1 et. seq.
B. 
Preapplication conference. Applicants are encouraged to meet with Regional Planning and Engineering staff, prior to a formal submission of a subdivision or site plan, to review compliance with the Atlantic County Land Development Standards. A preapplication conference can be requested to informally discuss key issues relevant to the project. A fee will not be charged for a preapplication conference and all recommendations are nonbinding upon the County.
C. 
Administrative and technical completeness. Regional Planning shall, within 30 working days from the date of receipt, review a land development application for administrative and technical completeness. All information identified in the Administrative Complete for Review Checklist and the Minor Subdivision, Major Subdivision or Site Plan Technical Checklists located on the County website is required for an application to be deemed complete. If the application is determined to be incomplete, a list of the information required to make the application complete for review shall be provided.
D. 
Classification. Regional Planning shall review an application for completeness and classify it into one of the following:
(1) 
Minor subdivision (along a County road or impacting a County road or drainage facility):
(a) 
With no proposed improvements along the County road.
(b) 
With proposed improvements along the County road.
(2) 
Minor subdivision (not along a County road and not impacting a County road or drainage facility).
(3) 
Major subdivision:
(a) 
Not along a County road and not impacting a County road or drainage facility.
(b) 
Along a County road or impacting a County road or drainage facility.
(4) 
Site plan:
(a) 
Not along a County road and not impacting a County road or drainage facility.
(b) 
Along a County road or impacting a County road or drainage facility.
(c) 
Exempt.
E. 
Time to act. Within 30 days from being deemed administratively and technically complete, the DRC shall act upon the land development application in accordance with the DRC regulations and procedures established in this chapter.
(1) 
Should the DRC fail to act within the thirty-day period allowed by law, the land development application shall be deemed to have been approved by the DRC unless the applicant requests a time extension in accordance with this chapter.
(2) 
Should the DRC fail to act within the statutory period, the applicant is not released from the requirement to obtain approvals for subsequent stages of review required for the particular land development application.
(3) 
Should revised plans or additional information be received, a new thirty-day review period shall begin on the date the additional information is received by the County.
F. 
Extension of DRC review period. In accordance with N.J.S.A. 27:6.3 and 27:6.7, an applicant may request, in writing, a thirty-day time extension of review.
G. 
Types of actions. Once deemed administratively and technically complete for review, the DRC shall take one of the following actions, listed below, based on the regulations and procedures established in the chapter. All DRC actions extend to the original owner or his legal successors of record, provided that they shall assume all the obligations of any changes in the law which may have occurred in the interim.
(1) 
Favorable review.
(2) 
Final approval.
(3) 
Disapproval.
(4) 
Conditional approval.
(5) 
Exempt.
H. 
Notification of DRC action. Once the DRC acts upon a site plan or subdivision, notification letters specifying the DRC action along with any required changes or recommendations to the plans or supporting documentation are sent to the applicant, municipal planning board secretary, plan preparer, municipal building inspector, municipal engineer, and the Pinelands Commission if the application is within their jurisdiction.
I. 
Plan changes. The DRC shall not issue a final approval for either a site plan or subdivision application which requires plan changes. Once a conditional or final approval has been granted by the DRC, no plan changes shall be recognized by the DRC until revised plans reflecting these changes are submitted for review and approval by the DRC. Revisions required by any other review agency shall be subject to County review and approval.
J. 
Duration of DRC actions. The following shall apply to the duration of a DRC action:
(1) 
Subdivision and site plan applications approved by the Atlantic County Development Review Committee shall be valid for the same time period as that of the municipal planning board or zoning board of adjustment, as applicable.
(2) 
Any revisions to a subdivision or site plan application, following an action by the DRC, shall require a resubmission to the County and will be subject to County review and approval.
(3) 
If the time period for a DRC action has expired, a subdivision or site plan shall be submitted as a new application and be subject to County review and approval.
(4) 
If a cost estimate for an approved subdivision or site plan is more than two years old, an updated cost estimate will be required to reflect current material and construction costs. An updated performance guarantee will also be required equal to the amount of the updated cost estimate.
K. 
Phased development.
(1) 
Site plan and subdivision development applications may be phased. A phasing plan shall be provided and shall clearly identify the improvements, lots, units or square footage planned for each phase.
(2) 
DRC actions on future phased submissions shall not occur until it has been proven in writing, by the applicant, that all outstanding conditions of previous phases issued by the DRC have been fulfilled and that a final approval has been granted.
L. 
Highway occupancy permit (HOP).
(1) 
A highway occupancy permit (HOP), as identified in the Atlantic County Road Excavation Ordinance,[1] shall be obtained from the County Division of Engineering prior to commencing construction, excavation or similar work on or adjacent to a County road. A HOP shall not be issued unless a land development application, subject to County review and approval, has been approved by the DRC pursuant to this chapter.
[1]
Editor's Note: See Ch. 72, Excavations and Highway Occupancy Permits.
(2) 
Nothing in the ACLDS shall be deemed to nullify or abrogate the requirements of the Atlantic County Road Excavation Ordinance.
M. 
Road opening moratorium.
(1) 
After the completion of a County highway improvement project, a road opening moratorium shall be in place within the project limits of the road improvements. The length of the road opening moratorium shall be determined by the County Engineer in compliance with federal, state and County statutes.
(2) 
If a subdivision or site plan fronts on a road which has a completed County highway improvement project and is within the moratorium period, a note shall be placed on the plan which identifies that the County road is under a road opening moratorium and the date that the road can opened.
N. 
Other approvals. The applicant shall be responsible for obtaining all necessary permits and approvals required by other review agencies, including but not limited to, municipal planning and zoning boards, state agencies, such as the Pinelands Commission, Department of Environmental Protection, Department of Transportation and Cape Atlantic Soil Conservation District. The applicant shall be responsible for obtaining and providing proof of other agency approval if required by the DRC.
O. 
Final approval requirements. Prior to the issuance of a final approval by the DRC, the applicant shall have submitted the following to the County, if applicable:
(1) 
A County-approved and -executed developer's agreement in accordance with the policies and procedures established in this chapter.
(2) 
A County-approved cost estimate, signed and sealed by a professional engineer, for improvements within a County right-of-way or for off-tract improvements affecting a County road, bridge or drainage facility.
(3) 
A County-approved payment in lieu of off-tract improvements in accordance with this chapter.
(4) 
A County-approved and -executed performance and/or maintenance guarantee.
(5) 
A County-approved deed of easement or covenant, or any other encumbrances and easements in accordance with the policies and procedures established in this chapter.
(6) 
A County-approved metes and bounds description and parcel map, signed by a licensed land surveyor, for easements and covenants that are to be dedicated to the County.
P. 
Changes to plans following DRC approval.
(1) 
All DRC approvals are based on the subdivision and site plans and supporting information submitted and reviewed at the time of the DRC approval.
(2) 
Any revisions made to a subdivision or site plan, plats or supporting documents after the date of DRC approval must be submitted to the DRC for review and approval.
Policies and design principles found in Article 800 shall apply to land development subject to County review and approval and that is within a flood hazard area as defined in N.J.A.C. 7:7-9.25. Flood hazard areas include, but are not limited to, those areas defined or delineated as an A or a V Zone by the Federal Emergency Management Agency (FEMA) and that are subject to either tidal or fluvial flooding.
A. 
The following criteria will be used to determine if an application to the DRC requires a traffic impact statement. Traffic impact statements shall be prepared in accordance with Article 700 of this chapter.
(1) 
Land development which is subject to County approval and results in 50 or more added vehicle trips during either the a.m. or p.m. peak hour based on the ITE Trip Generation Manual.
(2) 
Land development which is subject to County approval and if one or more of the following circumstances exist:
(a) 
Current traffic problems exist in the vicinity of the site.
(b) 
Current or projected levels of service of the adjacent roadways will be significantly affected.
(c) 
Adjacent residential neighborhoods or other sensitive areas may be affected.
(d) 
Proposed site access points are located within 100 feet of other existing drives or intersections.
(e) 
Public safety problems exist for vehicular or pedestrian traffic.
(f) 
Other specific problems or deficiencies may be affected by the proposed development or affect the ability of the development to be adequately accommodated.
B. 
A limited traffic study which addresses existing and proposed site access points may be required for land development that warrants a left or right turn lane to satisfactorily accommodate site traffic without adversely affecting through (nonsite) traffic.
A. 
Land developments requiring off-tract improvements.
(1) 
The DRC shall require the applicant, as a condition of approval, to provide for such reasonable and necessary off-tract improvements which are directly caused and necessitated by a proposed site plan or subdivision application.
(2) 
The DRC may determine that a particular land development creates the need for off-tract improvements, in whole or in part, to County roads, intersections, bridges, or drainage facilities.
(3) 
When such a determination is made, the DRC shall require that the applicant either install or contribute to the actual installation of off-tract improvements as a condition of land development approval.
(4) 
In determining the need for off-tract improvements to be borne by the applicant, the following will be considered:
(a) 
The proposed land use will impact County roads or drainage facilities to such an extent that off-tract improvements are directly caused and necessitated by the proposed site plan or subdivision, as determined by applicable traffic and drainage studies; and
(b) 
Improvements to County facilities that are identified in the County Highway Improvement Program or other County capital improvement programs; or
(c) 
The proposed development has limited frontage on County roads, and spot improvements of County facilities will result in traffic hazards, as determined by County Engineer; or
(d) 
The proposed development is located in a growth region and a mechanism for allocating shared cost to each project for improvements to County facilities is necessary, as determined by the County Engineer; or
(e) 
Improvements to County facilities that are in accordance with the County Master Plan.
B. 
Determination of pro rata share of off-tract improvements. The applicant shall provide the County Engineer and Planner with a cost estimate for the pro rata share of the required off-tract improvements. In determining the costs of the pro rata share of improvements to be borne by the applicant, the following will be considered:
(1) 
Traffic-related improvements: The pro rata share of traffic-related improvements shall be based upon the percentage relationship of highway peak-hour traffic generated by the proposed development and the total volume of anticipated traffic for each roadway segment or intersection to be improved.
(2) 
Drainage improvements to County facilities. The pro rata share of drainage improvements to County facilities shall be based upon the percentage relationship of stormwater runoff generated by the proposed development and the total volume of stormwater runoff affecting each drainage area or segment to be improved. This percentage may be modified in consideration of the coefficients of runoff for the proposed development and other areas in the drainage basin.
C. 
Completion of off-tract improvements. The DRC shall require that the applicant guarantee the completion all of the required off-tract improvements prior to final approval of a land development consistent with one of the following procedures:
(1) 
Payment in lieu of improvements.
(a) 
If required by the County Engineer and the DRC, the applicant shall provide a payment in lieu of construction of off-tract County roads and drainage improvements to cover the cost or proportionate share thereof, for the future installation of said improvements, pursuant to N.J.S.A. 40:27-6.2(d) and 40:27-6.6(d). The amount of the payment in lieu will be equal to the amount of the approved cost estimate.
(b) 
The applicant shall make payment to the Atlantic County Treasurer by certified check or its equivalent. Upon receipt of all moneys, Regional Planning shall transfer these funds into a designated account for the sole purpose of maintaining funds collected by this program. The County is authorized to draw funds from the designated account upon the awarding of construction bids for the improvements to any County facility, for which a contribution has been deposited.
(2) 
Installation of off-tract improvements.
(a) 
At the discretion and option of the County Engineer, the County may enter into a developers agreement providing for the installation and construction of off-tract improvements by the applicant. The applicant shall post a performance guarantee in accordance with the provisions of this chapter in the amount equal to the amount of the approved cost estimate.
(b) 
Should the applicant and County enter into a Developers Agreement for the construction of off-tract improvements, the applicant shall observe all requirements and provisions of this chapter and any other applicable resolutions and ordinances in the design of such improvements.
D. 
Yearly report of phasing of payments or installation of off-tract improvements. The applicant may request that the payment or installation of off-tract improvements be phased. If the phasing of the payments occurs for a time period of one year or more, the applicant shall submit a yearly written report which identifies the status of the phasing of the off-tract improvements as identified in the agreement between the County and the owner. This yearly report shall be submitted by March 1 of each year and shall provide a written summary of the improvements or payments that have been made in the preceding year and the anticipated improvements or payments to be made as outlined in the agreement with the County.
A. 
Right-of-way easement. The purpose of a right-of-way easement is to provide an area for the construction, operation and maintenance of a County road. Accordingly, building setbacks, parking areas, detention and retention basins, sidewalks, curbing and related improvements must be designed as to not violate the intent of the right-of-way easement. The following applies:
(1) 
In accordance with these standards, a right-of-way easement may be required which is in excess of the existing right-of-way limits, if one of the following conditions are met:
(a) 
When the proposed development fronts along a County road which is identified for a capital improvement and requires a right-of-way easement in excess of the existing right-of-way width; or
(b) 
When there is an established rational nexus between the proposed development and a roadway improvement for which a right-of-way easement is necessary; or
(c) 
When the proposed development requires a right-of-way easement to correct a safety, geometric, drainage or other existing or anticipated problem that affects the health, safety or welfare of the public.
(2) 
If additional right-of-way is to be dedicated to the County in accordance with § 86-308A(1), it shall be clearly dimensioned, on the subdivision or site plan, with bearings and distances and metes and bounds description prepared by and signed by a New Jersey professional land surveyor. The final site plan or subdivision plat must show the granted right-of-way easement, and it shall be identified as: "Right-of-Way Easement Dedicated to Atlantic County for Roadway Purposes."
(3) 
A sample right-of-way easement form can be found on the Atlantic County website. A metes and bounds description and a parcel map of the right-of-way easement area must be attached to the right-of-way easement form. Preparation of right-of-way parcel maps shall conform to the provisions of the New Jersey Recordation Law (N.J.S.A. 46:26B, Map Filing).
(4) 
In addition, if a right-of-way easement is not required or the additional right-of-way easement is different than the County right-of-way standard width, the County right-of-way standard width shall be clearly shown on the subdivision or site plan and identified as: "Future Atlantic County Right-of-Way Standard Width."
B. 
Clear sight area easements and covenants. When a clear sight area is established at a driveway or intersection with a County road, in accordance with these standards, the DRC will require a clear sight area easement and/or clear sight area covenant as outlined below.
(1) 
Clear sight area easement. For each clear sight area located at the intersection of two or more County roads, a clear sight easement shall be provided. The County clear sight area easement form can be found on the County website.
(2) 
Clear sight area covenant. For each clear sight area located at the intersection of a driveway and/or a street intersection with a County road, a clear sight covenant shall be provided. The County clear sight area covenant form can be found on the County website.
(3) 
Clear sight areas. The following applies to all clear sight areas along County roads.
(a) 
A clear sight area shall be established by the owner of the property, at driveways and intersections with a County road in accordance with §§ 86-704 and 86-705 of this chapter.
(b) 
The clear sight area shall be clearly shown on the subdivision plat or site plan, with bearings and distances and metes and bounds description prepared by and signed by a New Jersey professional land surveyor. The final site plan or subdivision plat must clearly show the clear sight area and it shall be labeled as: "Clear Sight Area."
(c) 
All objects (existing and proposed) within the clear sight area shall be clearly identified on the subdivision or site plan.
(d) 
It is the responsibility of the property owner to maintain the clear sight area from any obstructions as defined in this chapter. There shall not be erected at any time within the clear sight area any building, structure, sign, vegetation, fence, buffer, display or other obstruction which may interfere with the view or sight of operators of vehicles or pedestrians traversing the abutting streets, roads or highways.
(e) 
The subdivision plat or site plan shall include the following note:
"The clear sight area shall be maintained and kept clear by the owner of the property and thereafter by its successors in title to the subject property. No permanent or temporary structure or vegetation shall be placed which will violate the intent of the clear sight area."
(f) 
A sample clear sight area easement and covenant form can be found on the Atlantic County website. A metes and bounds description and a parcel map of the clear sight area must be attached to the clear sight area easement and covenant form. Preparation of the clear sight area parcel maps shall conform to the provisions of the New Jersey Recordation Law (N.J.S.A. 46:26B, Map Filing).
(g) 
Such easements and covenants shall require the property owner and his/her successor(s) and assigns to maintain such clear sight areas, as set forth in this chapter.
(h) 
Failure to maintain such clear sight areas shall be a violation of this chapter, and such easements and covenants shall authorize the County of Atlantic, or its agents, representatives or employees to enter upon and re-enter upon said lands hereinafter described, for the purposes of enforcing this chapter. Nothing herein shall be deemed to limit or otherwise prevent a municipality from enforcing a clear sight area, in accordance with any agreement or provision of law.
C. 
Drainage easements and maintenance covenants. When a development is traversed by a watercourse, surface or underground stormwater drainageway or drainage system, channel or stream and affects a County road or drainage facility, the DRC may require the dedication of a drainage easement and/or a maintenance covenant to the County.
(1) 
Drainage easement.
(a) 
A drainage easement shall conform substantially to the lines of such watercourse or stormwater management system or such further width or construction, or both, as will be adequate to accommodate the inspection and maintenance of the watercourse or stormwater drainage system.
(b) 
The drainage easement shall be clearly shown on the survey, plan of subdivision or site plan, with bearings and distances and metes and bounds description prepared by and signed by a New Jersey professional land surveyor. The final site plan or subdivision map shall contain the following note: "Drainage Easement Dedicated to Atlantic County for Stormwater Management Purposes."
(2) 
Drainage maintenance covenant.
(a) 
When drainage improvements are required in connection with any development which may affect a County road or drainage facility, a drainage maintenance covenant may be required by the County.
(b) 
The property owner and his/her successor(s) and assigns shall maintain the stormwater drainage improvements constructed in connection with development of land, in accordance with the maintenance requirements for drainage systems which can be found on the Atlantic County website. The stormwater maintenance schedule shall also be provided on the subdivision or site plan.
(c) 
Failure to maintain such drainage improvements and covenants shall be a violation of this chapter. In the event the property owner or his/her successor(s) fails to maintain the stormwater management, in accordance with the drainage covenant, the County of Atlantic, or its agents, representatives or employees may enter upon and re-enter upon the lands which are the subject of the covenant for the purposes of enforcing this chapter.
(d) 
Nothing herein shall be deemed to limit or otherwise prevent a municipality from enforcing any ordinance, covenant or requirement related to maintenance of stormwater drainage improvements, in accordance with any agreement or requirement of law.
(3) 
Drainage easements and maintenance covenant forms. The County drainage easement and drainage maintenance covenant forms can be found on the Atlantic County website. A metes and bounds description and a parcel map of the drainage easement must be attached to the drainage easement and/or covenant form. Preparation of the drainage easement and/or covenant area parcel maps shall conform to the provisions of the New Jersey Recordation Law (N.J.S.A. 46:26B, Map Filing).
D. 
Other covenants, easements and agreements. In accordance with this chapter, the DRC may require other covenants, easements and agreements, including but not limited to the improvement, design, construction and maintenance as may be required to address development impacts to County roads and drainage facilities, or other matters regulated by these standards. Examples include but are not limited to: indemnification and hold harmless agreement concerning permission to use County property, deed to restrict access to a County road, payment in-lieu of performance agreement, developer's agreement.
E. 
Procedures for dedication of easements and covenants.
(1) 
All easements and covenants shall be granted by the owner of the property which is the subject of the land development. The applicant and owner warrant by providing any deed of easement that the property will not be transferred for 90 days from the date of providing the form of easement to the County. If such a transfer is anticipated, both the current owner and the equitable or anticipated owner shall sign the deed of easement or covenant.
(2) 
All deeds of easement or covenants shall be submitted to Regional Planning. Following review and approval by surveying, engineering and legal staff, deeds of easement or covenants shall be sent to the County Board of Commissioners for approval. If approved, the County Law Department shall record the easements or covenants with the Atlantic County Clerk and with the Clerk of the Board of County Commissioners.
A. 
Cost estimates.
(1) 
The applicant shall be responsible for identifying and determining the costs of all improvements necessary to accommodate the construction costs of any required improvements located within the County right-of-way or affecting County stormwater drainage facilities as set forth in this chapter.
(2) 
A certified engineer's cost estimate setting forth these estimated costs shall be approved by Regional Planning, upon the advice of the County Engineer, prior to submission of any performance guarantee. The cost estimate shall include 10% for contingencies. A sample cost estimate is provided on the Atlantic County website.
(3) 
Any cost estimate approved by the County Engineer with a value of $5,000 or more shall include additional line items for inspections and preparation of as-built plans of improvements located within the County right-of-way.
(4) 
If a proposed improvement in the County right-of-way was not identified in the cost estimate, but shown on the approved plan, the applicant shall be responsible for the construction of the improvement even though it was not identified in cost estimate.
B. 
Performance guarantees. Prior to the issuance of a final approval by the DRC, the applicant shall provide a performance guarantee in the amount of the approved engineer's cost estimate.
(1) 
The performance guarantee shall be the form of a letter of credit or bond. A sample letter of credit and bond can be found on the County website.
(2) 
The amount of the performance guarantee shall not exceed 120% of the installation costs in accordance with all applicable New Jersey State laws governing public contracts or the applicant's proportionate fair share of the cost of regional improvements plus 10% for contingencies. If the approved engineer's cost estimate is less than $5,000, then a performance guarantee shall not be required.
C. 
Release of performance guarantee.
(1) 
An applicant shall submit a written request to Regional Planning for the release of the performance guarantee after all improvements covered under the performance guarantee have been completed. See General Guidelines for As-Built Plans published by Atlantic County Engineering Department which can be found on the County website. At a minimum this written request shall be accompanied by:
(a) 
A complete set of as-built construction plans (two paper prints and one Mylar) which are signed and sealed by a New Jersey licensed professional engineer and New Jersey licensed professional land surveyor.
(b) 
A written report, prepared by a New Jersey licensed professional engineer, which certifies that the improvements have been constructed in accordance with the standards and criteria established in the approved plan and in the ACLDS. This report shall identify any differences in the approved plans and what has been constructed as part of the performance guarantee and the impact these differences have on the County facilities.
(2) 
The County Engineer shall, within 45 days of the request for the release of the performance guarantee, conduct a final inspection of the improvements covered by the performance guarantee. The County Engineer shall forward a memo to Regional Planning within 20 days of the date of inspection detailing the results of the inspection.
(3) 
If the County Engineer finds that deficiencies exist in the improvements covered by the performance guarantee or that the terms of the performance guarantee have not been met, then a detailed and itemized description of such deficiencies shall be prepared and forwarded to the applicant. The applicant shall correct such deficiencies within 45 days from receiving notice.
(a) 
Upon receipt of a notice from the applicant that all deficient items have been corrected, the Division of Engineering shall re-inspect all County facilities covered by the performance guarantee. If all deficiencies have been corrected to the satisfaction of the Division of Engineering, the County shall release the guarantee.
(b) 
Use by the County or availability of any performance guarantee by the County shall not be deemed to waive or release an applicant from its ultimate duty to complete required improvements. Use or availability of performance guarantee funds shall not be deemed to release or waive any claim which the County may have for a deficiency or other damages related to or arising from the applicant's failure to perform.
A. 
Application for waiver and variation. An applicant may request, to the DRC, a waiver or variation from strict compliance with the technical standards or criteria set forth herein. An application for a waiver or variance pursuant to this section shall be filed in writing with Regional Planning and shall include:
(1) 
A statement of the technical standards or criteria from which a variation or waiver is sought.
(2) 
A statement of the manner by which strict compliance with said technical standards or criteria would result in practical difficulties.
(3) 
A statement of the anticipated results if the standards or criteria were to be followed.
(4) 
A statement of feasible alternatives to the technical standards or criteria, which would adequately protect the health, safety and welfare of the intended users or occupants of the site and the public generally.
(5) 
Supporting opinion of a professional engineer/architect/planner.
B. 
Review of waivers and variations. The DRC shall have the power to grant waivers and variations from the strict application of the requirements and standards of this chapter. The DRC shall review all information as identified in § 86-310A along with any testimony provided during a DRC meeting. The DRC shall consider if strict compliance with any specific technical standards or criteria, if required, would result in an undue hardship to the applicant and that a grant of the waiver of the technical standards or criteria will not jeopardize the health, safety and welfare of the general public.
A. 
Any applicant aggrieved by an action of the DRC may file an appeal in writing to the Atlantic County Planning Advisory Board in accordance with N.J.S.A. 40:27-6.9, as amended and supplemented.
B. 
Any person aggrieved by an action of the County Planning Advisory Board, with regard to an appeal, may file an appeal in writing to the Atlantic County Board of Commissioners within 10 days after the date of notice of said action by certified mail.
C. 
In the case of an appeal to either the Planning Advisory Board or the Board of County Commissioners, the following procedures shall be followed:
(1) 
The County Planning Advisory Board or the Board of County Commissioners shall consider such an appeal at a regular or special public hearing within 45 days from the date of its filing.
(2) 
Notice of said hearing shall be mailed at least 10 days prior to the hearing to the applicant, appellant where appropriate, and to each of the following public officials as deemed appropriate on a case-by-case basis: the municipal clerk, municipal planning board secretary, municipal building inspector, municipal zoning officer, Atlantic County Planning Advisory Board, Atlantic County Board of County Commissioners, and the Pinelands Commission if within its jurisdictional area.
(3) 
At the hearing before the Atlantic County Planning Advisory Board, the party requesting the hearing shall produce witnesses, who shall testify under oath, shall have the proceedings recorded by a stenographer, and shall forward 10 copies of the transcript to Regional Planning within 15 days of the hearing.
(4) 
The Atlantic County Planning Advisory Board shall render a decision within 30 days from the date of the hearing. Those members of the Board who were present at the hearing, or have certified to having read the transcript, may vote.
(5) 
When the appeal is from the Atlantic County Planning Advisory Board to the Atlantic County Board of County Commissioners, the Board of County Commissioners shall render a decision within 30 days of the hearing. The Board of County Commissioners shall base its review on the record and may affirm, reverse, or modify the decision of the Planning Advisory Board.
The County Planning Director or the County Engineer may invoke the following sanctions on any land development activity which commences without prior approval of the DRC or is conducted in a matter contrary to the standards and policies stated in this chapter:
A. 
A County highway occupancy permit for the proposed development will not be issued unless and until the conditions issued by the DRC are satisfied;
B. 
May request the municipal approval authority, New Jersey Department of Environmental Protection, the Pinelands Commission, if within their jurisdictional area, to revoke or withhold a local building permit and certificate of occupancy for the development;
C. 
May enforce performance by resort to any guarantee or other security required by the County to cover the costs of improvements specified in that portion of the plan over which the County has jurisdiction; and
D. 
May initiate appropriate actions in the courts to enforce the actions by the DRC.