This chapter shall be known as the Borough of Harvey Cedars
Site Plan Ordinance.
As used in this chapter.
a.
Whenever
a word or phrase used in this chapter is defined in R.S. 40:55D-1
et seq., the Municipal Land Use Law, such term is intended to have
the meaning set forth in the definition of such term in that statute
unless a contrary intention is clearly and explicitly expressed from
the context of this chapter.
b.
APPROVING AUTHORITY
LAND USE PROCEDURE ORDINANCE
MAJOR SITE PLAN
MINOR SITE PLAN
The following
words and phrases when used herein shall be defined as follows:
The borough planning board unless a different agency is acting
pursuant to the authority of the Municipal Land Use Law, Chapter 291,
Laws of New Jersey 1975, as amended and supplemented.
Chapter 14 of the Revised General Ordinances of the Borough of Harvey Cedars, 1975, entitled “Land Use Procedures”, as amended and supplemented.
All site plans other than minor site plans as defined herein.
A site plan for the development of not more than one lot
and one building located thereon with a minimum ground floor area
not in excess of 2,500 square feet and not otherwise classified as
an exempt site plan.
Except as hereinafter provided, no building permit, zoning permit,
or certificate of occupancy shall issue for any new construction nor
for any change in use as hereinafter defined in paragraph a for any
commercial, industrial, office building, garden apartment building,
high-rise apartment building, low-rise apartment building, or multi-family
use; provided however, that single family detached dwellings are exempt
from the requirements herein imposed; or any recreational use, unless
a site plan is first submitted to and approved by the planning board
of the borough in accordance with the terms of this chapter. No certificate
of occupancy, or final approval to occupy or use any lands in the
borough, which have been the subject of site plan application, shall
issue or be given until all of the conditions imposed by the planning
board upon such site plan application have been complied with.
Enlargements or alterations of existing structures or uses as
described above shall be subject to the terms of this chapter. However,
site plan approval shall not be required if a building permit is to
be obtained in order to perform interior or exterior cosmetic changes
not affecting the use of the property, and in conformity with the
zoning ordinances of the borough.
a.
The change
of use requiring site plan submission and approval pursuant to this
chapter shall be any change of use which shall impose, pursuant to
the terms of the zoning ordinance of the borough, stricter or more
stringent controls, requirements or burdens on the lands where such
use is to be conducted.
b.
The provisions
of this chapter shall not limit the requirements for submission of
subdivision plans for subdivision approval as may otherwise be required
by any other ordinance of the Borough of Harvey Cedars, either now
or hereinafter enacted.
c.
The provisions
of this chapter shall not limit the requirements for submission of
any application for variance or conditional use to the planning board
or zoning board of adjustment as may be required by any other ordinance
of the Borough of Harvey Cedars now or hereinafter enacted.
d.
All development
resulting from site plan approval shall comply with the zoning and
subdivision requirements of the borough as well as all borough design
and performance standards, including conditions imposed by the approving
authority, as shown on the approval plat, and as included in the resolution
adopted by the approving authority.
The applicant shall file with the borough clerk at least 14
days prior to the next public meeting of the approving authority:
a.
Six copies
of the completed preliminary site plan;
b.
Six copies
of the completed application for preliminary site plan approval;
c.
A certification
from the borough tax collector that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of the application;
d.
Six copies
of a list of all permits required for development of the site plan,
including a notation as to those permits which have been applied for
and received;
a.
The approving
authority shall review the application for its completeness and accept
or reject the submission as a complete application in accordance with
the provisions of the land use procedure ordinance.
b.
If the
submission is accepted as complete, the approving authority shall
grant or deny preliminary site plan approval in accordance with the
provisions of this chapter, the land use procedure ordinance and all
other applicable laws and ordinances.
The applicant shall file with the borough clerk at least 14
days prior to the next public meeting of the approving authority:
a.
Six copies
of a completed application for final site plan approval;
b.
Six copies
of a completed final site plan, one of which shall consist of an original
mylar for signature by the approving authority;
c.
The appropriate review fee as determined in § 15-13 of this chapter for final site plan approval;
d.
The appropriate inspection fee as determined by the borough engineer in accordance with § 15-11 of this chapter;
e.
Certification
from the borough tax collector that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of the application;
f.
Six copies
of a list of all permits required for development of the site plan,
including a notation as to those permits which have been applied for
and received;
g.
All required
performance and maintenance guarantees.
The approving authority shall review the application for its
completeness and accept or reject the submission as a complete application
in accordance with the provisions of the land use procedure ordinance.
If the submission is accepted as complete, the approving authority
shall grant or deny final site plan approval in accordance with the
provisions of this chapter, the land use procedure ordinance and all
other applicable laws and ordinances.
Upon final approval of a site plan, the chairman and secretary
of the approving authority shall sign the mylar original and one paper
print. The signed mylar original shall be filed with the borough clerk
and the paper print shall be retained by the approving authority for
its files. Immediately upon final approval, the secretary of the approving
authority shall forward a copy of the approved final site plan to
the borough tax assessor, tax collector and zoning officer, respectively.
All site plans and supporting documents shall comply with the
requirements hereinafter set forth and shall contain the following
information and data:
a.
Site plans
shall be of a size no more than 30 inches by 48 inches.
b.
Site plans
shall be drawn to a scale of not less than 50 feet to the inch. All
distances to be in feet and decimals of a foot and all bearings shall
be given to the nearest 10 seconds. The error of closing shall not
exceed one to 10,000.
c.
The names
of all owners of record of all adjacent properties and the lot and
block numbers of the property as shown on the current tax map of the
borough.
d.
Existing
school, zoning and special district boundaries. Such features shall
be shown on a separate map or as a key map on a special detailed map
itself.
e.
Boundaries
of the property; building or setback lines; and the lines of existing
streets, lots reservations, easements and areas dedicated to public
use.
f.
A copy of
any covenants of deed restrictions that are intended to cover all
or any part of the tract.
g.
Location
of existing buildings which shall remain and all other structures
such as walls, fences, culverts, bridges, roadways, electric telephone
or cable T.V. lines, etc., with spot elevations of such structures.
The outline of such structures shall be indicated by a dash line and
those that shall remain shall be shaded.
h.
Location
of all storm drainage structures and utility lines, whether publicly
or privately owned, with pipe sizes, grades, and direction of flow;
and if any existing utility lines are underground, the estimated location
of the already existing underground utility line shall be shown.
i.
Existing
contours with intervals of two feet where slopes are less than 5%
and five feet where slopes are 5% or more, refer to as a datum as
provided by the approving authority engineer to be indicated by a
dash line. Where any change in contours are proposed, finish grades
should be shown as solid lines.
j.
Location
of existing high points, watercourses, depressions, ponds, marshes,
single trees with a diameter of six inches or more as measured three
feet above the base of the trunk and other significant existing features,
including previous flood elevations of watercourses, pond and marsh
areas as determined by survey.
k.
Title of
development, north point, scale, name and address of record owner,
engineer, architect, land planner or surveyor preparing the site development
plan.
l.
A survey
prepared by a licensed surveyor of the State of New Jersey shall accompany
the site plan and shall show the boundaries of the parcel and the
limits of all proposed streets, recreation areas, and other property
to be dedicated to public use. The site plan may be accompanied by
such other exhibits of an architectural or planning nature submitted
by the applicant or as may be required by the approving authority
pursuant to any ordinance now in existence or any ordinance hereinafter
enacted in the borough.
m.
All proposed
easements and public community areas. All proposed streets with subsection
A profiles indicating grade and B cross-sections showing width of
roadways, location and width of sidewalks and location and size of
utility lines, according to the standards and specifications of the
borough.
n.
The proposed
use or uses of land and buildings and proposed location of building,
including proposed grades. Such features should be indicated on a
separate drawing where deemed desirable and necessary by the approving
authority.
o.
All means
of vehicular access and egress to and from the site onto public streets
showing size and location of driveways, curb cuts and sidewalks.
p.
The location
and design of any off-street parking areas or loading areas showing
size and location of bays, isles and barriers.
q.
The location
of all proposed waterlines, valves, and hydrants and of all sewer
lines or alternative means of water supply or sewerage disposal and
treatment in conformance with the applicable standards of the borough.
r.
The proposed
location, direction of illumination, amount of illumination expressed
in average horizontal foot candles, hour and time of proposed outdoor
lighting in conformance with applicable standards of the borough and
as may be applied by the approving authority.
s.
The proposed
screening and landscaping, including planting plan, in conformance
with the applicable standards of the borough and the approving authority.
t.
Proposed
storm water drainage system in conformance with the applicable standards
of the borough and the approving authority.
u.
Such other
information or data as may be required by the approving authority
in order to determine that the details of the site plan are in accordance
with the standards of the ordinances of the borough and all other
general law.
The final site plan plat shall include all data required on
the preliminary site plan plat drawn to incorporate all changes required
as a condition of preliminary approval. The information and design
on the final site plan plat shall be in final design condition.
The approving authority when acting upon an application for
preliminary site plan approval may grant such exceptions from the
preliminary site plan details and design and performance standards
set forth in this chapter or any other ordinance of the borough as
may be reasonable and within the general purpose and intent of the
provisions for site plan review and approval, if the literal enforcement
of one or more of the provisions will result in exceptional practical
difficulties to or exceptional and undue hardship to the applicant
because of peculiar conditions pertaining to the land in question.
Approving authority approval of a site plan shall be guided
by the fact that the site plan conforms with the following standards
and regulations:
a.
The applicant
has submitted a complete site plan containing all of the information
and data as provided for in this chapter.
b.
The details
of the site plan are in accordance with the standards of the zoning
ordinance, subdivision ordinance and any and all other ordinances
of the borough which may be in existence at the time of the application,
and in harmony with any officially adopted comprehensive master plan
of the borough.
c.
All parking
and traffic problems shall be kept at a minimum by the use of engineering
design features such as acceleration and deceleration lanes, jug handles,
and marginal access streets.
d.
Adequate
provisions are made to prevent drainage problems and to provide adequate
water supply, drainage, shade trees, sewerage facilities and other
utilities necessary for essential services to residents and occupants
of the property subject to the application.
e.
All playgrounds,
parking and service areas are reasonably screened from view of adjacent
properties and streets at all seasons of the year where necessary
for the purpose of protecting the health, safety, general welfare,
comfort and convenience of the public.
f.
The location,
power, directions and time of any proposed outdoor lighting will not
have an adverse effect upon any properties in any adjoining residential
districts by impairing the established character or potential use
of the properties in such districts.
g.
The details
of the site plan for the authorized use will be such that the operation
will not offend the public interest.
No final plat shall be approved by the approving authority until
all required on-site and off-site improvements, including but not
limited to those improvements set forth in the Borough of Harvey Cedars
Subdivision Ordinance, as amended and supplemented, have been installed,
inspected, certified and approved by the borough engineer and accepted
by the governing body and maintenance guarantee has been filed and
accepted by the governing body in accordance with the requirements
of this chapter or their installation shall have been provided for
by a performance guarantee accepted and approved by the governing
body in accordance with the requirements of this chapter.
The performance guarantee shall consist of a performance bond
in a form approved by the borough attorney, in which the applicant
shall be principal and an acceptable surety company licensed to do
business in the State of New Jersey shall be surety, or cash or certified
check which shall be deposited with the borough by payment to the
municipal treasurer.
The total performance guarantee shall be an amount equal to
120% of the estimated cost of the necessary improvements as determined
by the borough engineer. 90% of this total shall be in either cash,
certified check or surety bond of a bonding company approved by the
governing body. The remaining 10% shall be in cash and shall be paid
in a like manner and under the same conditions as is the security
aforesaid.
Performance guarantees shall run for a term not to exceed 18
months; provided, however, such guarantees with the consent of the
principal and surety, if any, may be extended by the governing body
by resolution for an additional period not to exceed 18 months.
At least one week prior to the beginning of construction or
installation of any required improvements, the developer shall notify
the borough engineer in writing of the developer’s intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the borough
engineer or his designee to ensure satisfactory completion and no
underground installation shall be covered until inspected by the borough
engineer or his designee. The cost of all inspections shall be the
responsibility of the developer and he shall deposit the necessary
inspection fee with the borough clerk upon making application for
final approval under this chapter or prior to the start of any construction,
whichever shall first occur. The inspection fee shall be in addition
to the amount of any required performance or maintenance guarantee
and shall consist of 6% of the estimated cost of the improvements
to be constructed as determined by the borough engineer. This fee
shall be held in reserve by the borough and used to pay the cost of
inspecting the construction. It shall be the obligation of the developer
to pay for the actual cost of inspecting the construction. Any excess
money shall be remitted to the developer upon approval of all improvements
as provided herein. Any additional inspection costs shall be paid
by the developer prior to the approval of the improvements by the
governing body, as provided for herein.
After completing the construction of the improvements covered
by the performance guarantee, the developer shall make application
to the governing body in writing by certified mail addressed to the
borough clerk, with a copy sent by certified mail to the borough engineer
for final inspection of such improvements. The borough engineer shall,
within 30 days after his receipt of the application, inspect the improvements
in question and report in writing to the governing body indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
The governing body shall either approve, partially approve or
reject the improvements on the basis of the report of the borough
engineer and shall notify the developer in writing, by certified mail,
of the contents of the report and the action of the approving authority
not later than 65 days after receipt of the notice from the developer
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guarantee, except for that portion adequately sufficient to secure
provision of the improvements not yet approved. Failure of the governing
body to send or provide such notification to the obligor within 65
days shall be deemed to constitute approval of the improvements and
the obligor and surety, shall be released from all liability, pursuant
to said performance guarantee.
If any portion of the required improvements are rejected, the
approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification, as set forth
in this section shall be followed.
The approval of any plat under this chapter by the approving
authority shall in no way be construed as an acceptance of any street,
drainage system or other improvement required by this chapter nor
shall such plat approval obligate the borough in any way to maintain
or exercise jurisdiction on over such street and drainage system or
other improvement. Acceptance of any street, drainage system or other
improvement shall be implemented only by favorable action of the governing
body.
No improvement shall be accepted, approved or partially approved
by the governing body unless and until all of the following conditions
have been met:
a.
The borough
engineer shall have certified in writing that the improvement is complete
and that it complies fully with the requirements of this chapter and
all other applicable laws and ordinances.
b.
A maintenance
guarantee is posted with the governing body for a period of two years
after final acceptance of the improvement, in an amount equivalent
to 15% of the cost of the improvement, as determined by the borough
engineer. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
where the improvements are covered by a performance or maintenance
guarantee to another governmental agency, no performance or maintenance
guarantee, as the case may be, shall be required by the borough for
such utilities or improvements.
The applicant shall, at the time of filing an application for
site plan approval, pay the following nonrefundable fee to the Borough
of Harvey Cedars by certified check, cash or bank money order;
a.
Minor Site
Plan - $300
b.
Major Site
Plan - $80 per lot with a minimum of $500.
c.
In addition
to the above-mentioned fees, the applicant shall further guarantee
to reimburse the planning board for any and all expert expenses, engineering
services, or other expenses needed to evaluate the application.
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
Section 14-3.8 of the Revised General Ordinance of the Borough of Harvey Cedars, 1969, entitled “Applications – Procedures for Filing Before Planning Board,” is hereby repealed in its entirety.
a.
In addition
to any liability or penalty imposed by law or this chapter, any person
violating any provision of this chapter shall, upon conviction thereof,
pay a penalty of not less than $5, nor more than $500 for each offense.
b.
Each and
every day in which a violation of any of the provisions of this chapter
exist shall constitute a separate violation.
This ordinance shall take effect upon final adoption after publication
as provided by law.
Immediately, upon the adoption of this ordinance, the borough
clerk shall file a copy of the same with the county planning board
as required by law.
