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.
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:
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.
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.
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.
(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.
(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.
