[HISTORY: Adopted by the City Council of the City of Cape May 12-2-2004 by Ord. No. 10-2004 (Ch. XXXIII of the 1997 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 59.
Subdivision of land — See Ch. 445.
Zoning — See Ch. 525.
This chapter is adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and subsequent amendments and supplements thereto in order to establish rules, regulations, standards and procedures for approval of all development other than single-family detached dwellings, structures designed for occupancy by two families, or uses accessory thereto in order to:
A. 
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
B. 
Provide for safe and efficient vehicular and pedestrian circulation.
C. 
Provide for screening, landscaping, signing and lighting.
D. 
Ensure efficient, safe and aesthetic land development.
E. 
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse effect on surrounding property.
F. 
Develop proper safeguards to minimize the impact on the environment, including but not limited to soil erosion and sedimentation and air and water pollution.
G. 
Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
H. 
Provide for recreation, open space and public use areas.
I. 
Provide for the protection and preservation of the historic and architectural character of Cape May.
A. 
Planning Board. The provisions of this chapter shall be administered by the Planning Board of the City except as set forth in Subsection B.
B. 
Zoning Board of Adjustment. The provisions of this chapter shall be administered by the Zoning Board of Adjustment in applications before the Zoning Board of Adjustment involving use variances provided for in N.J.S.A. 40:55D-70d on which site plan review would be required. For such applications, any reference in this chapter to the Planning Board shall be considered to refer to the Zoning Board of Adjustment where applicable.
[Amended 6-21-2005 by Ord. No. 37-2005; 7-15-2025 by Ord. No. 569-2025]
A. 
Application of requirements. No development shall take place within the City nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise or accessways thereto, be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this chapter, unless exempted in accordance with Subsection B. Any exemption granted from this chapter shall not exempt an applicant from any applicable provisions of the Historic Preservation District or review by the Historic District Commission.
B. 
Exemptions. Site plan approval shall not be required for any of the following:
(1) 
Detached single-family dwellings, structures designed for occupancy by two families, quads, or accessory uses thereto permitted as of right under applicable zoning districts; but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by City ordinances. Notwithstanding the above, any application for development of a quad that requires variance relief shall be subject to site plan review and heard by the Planning Board unless "D" variance is implicated by the application in which case the Zoning Board will hear the application.
(2) 
The construction of a parking area for less than three vehicles.
(3) 
Any structure or use for which a site plan review application was approved by the Planning Board prior to the effective date of this chapter or under City ordinances and regulations then in effect and superseded by this chapter, land that is developed in accordance with an approval of such application heretofore given by the Planning Board pursuant to the prior ordinances and regulations, provided that such approval is less than three years old.
(4) 
A proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting and other considerations of site plan review.
(5) 
Any undertaking which involves only normal maintenance or replacement such as a new roof, painting, new siding or similar activity.
C. 
Waiver of site plan review requirements.
(1) 
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City. However, if the applicant can clearly demonstrate in writing that, because of peculiar conditions pertaining to his land, the literal enforcement of any specific portion(s) of the requirements of this chapter is/are impracticable or will exact undue hardship, the Planning Board may permit such exemption(s) and waiver(s) as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.
(2) 
An application for site plan waiver shall be considered to be an application for site plan approval so as to authorize and permit the Planning Board to exercise its ancillary powers to hear variance requests pursuant to N.J.S.A. 40:55D-60.
A. 
General intent. All site plans shall be formally reviewed except as noted herein in two stages: preliminary and final. Any concept approval of a sketch site plan by the Planning Board shall not bind the Board in its subsequent review of the preliminary or final site plan. Preliminary and final stages may not be combined by the applicant.
B. 
Filing, referral and classification procedures.
(1) 
Filing. Site plan applications shall be received for official processing by the City no later than the 30th day before the regular monthly meeting of the Planning Board. The applicant shall file sufficient copies of all required exhibits as set forth under the appropriate site plan review stage of this chapter together with an application form and all applicable fees with the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the entire fee. A checklist indicating required information and data to be supplied by an applicant for preliminary site plan review shall be supplied to the applicant along with the application, for which checklist the applicant will acknowledge receipt in writing. The checklist shall contain the requirements as set forth in § 417-5. It shall also contain the warning that all of its requirements must be met within the time period prescribed by law or the application will not be complete. Unless the applicant is informed by the Secretary within 45 days of the official receipt of the application that the application is incomplete, or unless all requirements of the checklist have not been complied with, the application shall be deemed complete as of the date it was received, hereinafter known as the "filing date." The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days of its receipt.
(2) 
Referral.
(a) 
The Secretary to the Planning Board shall forward, upon receipt of a site plan application in proper form with requisite fees, one copy each of an application to the Construction/Zoning Official and City Engineer for their preliminary determination of completeness and classification of an application. Both the Construction/Zoning Official and the Engineer shall report back to the Secretary within seven days of the filing date whether the application is complete or noting items omitted or ordinances violated.
(b) 
If the application is deemed by the City Engineer and the Construction/Zoning Official to be complete, the Secretary shall distribute copies as stipulated within this chapter for the appropriate site plan review. Final determination of application completeness shall be made by the Planning Board during the respective review stage. The Planning Board may also designate other local or higher governmental agencies to receive copies of any application for review and recommendation beyond those agencies stipulated in this chapter. If the application is found to be incomplete or in violation of any applicable codes and ordinances, the applicant shall be notified by certified mail as to the items omitted or ordinances violated.
(3) 
Classification. The Zoning Official shall determine whether the Planning Board or Zoning Board of Adjustment has approval jurisdiction on the application. The Zoning Official may confer with the City Attorney in making this determination.
C. 
Map details. Requirements for preliminary and/or final site plan review. All maps or other documents submitted for site plan review shall contain the following:
(1) 
Title and location of the property.
(2) 
Name and address of landowner and applicant. If a corporation is landowner or applicant, the principal office and name of president and secretary shall be included.
(3) 
Name, address and professional license number and seal of the professional preparing documents and drawings. All plans shall be prepared, signed and sealed by a licensed New Jersey professional engineer, architect, or surveyor.
(4) 
Place for signature of the Chairman of the Planning Board or the Chairman's designated representative.
(5) 
Date of plan and any modifications thereto.
(6) 
The following legends shall be on the site plan map:
SITE PLAN OF
LOT
BLOCK
ZONE
DATE
SCALE
APPLICANT
ADDRESS
I consent to the filing of this site plan with the Planning Board of Cape May.
(Owner)
(Date)
I hereby certify that I have prepared this site plan and that all dimensions and information are correct.
(Name)
(Title and License No.)
I have reviewed this site plan and certify that it meets all codes and ordinances under my jurisdiction.
(Date)
(City Engineer)
(Date)
(Construction/Zoning Official)
To be signed before issuance of a building permit:
I hereby certify that all the required improvements have been installed or a bond posted in compliance with all applicable codes and ordinances.
IF IMPROVEMENTS INSTALLED:
(City Engineer)
(Date)
IF BOND POSTED
(City Clerk)
(Date)
BUILDING PERMIT DATE OF ISSUE:
Approved by the Planning Board
PRELIMINARY ( )
FINAL ( )
(Chairman)
(Date)
A. 
Objectives of review. The preliminary plan shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the Planning Board to ascertain compliance with the performance standards and other standards of this chapter.
B. 
Application. Sixteen or more copies of the preliminary plan and 16 copies of the application in a form approved by the Planning Board and the requisite fees shall be delivered to the Secretary to the Planning Board.
C. 
Preliminary plan details. The preliminary site plan shall contain the following unless it is determined in a preliminary discussion with the Planning Board that any of these items are not necessary:
(1) 
Locator map at a scale of one inch equals 200 feet or larger scale, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest.
(2) 
Photographs of the property where necessary to show any unusual topographic, environmental or physical aspect of the site. This would include but not be limited to rock outcroppings, vegetation, natural drainageways, wetlands, and existing structures and improvements.
(3) 
A preliminary plan at a scale of one inch equals 50 feet or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a complex project, a scale other than one inch equals 50 feet may be submitted, provided that one copy of a photo-mechanical reproduction of the preliminary plan to a scale of one inch equals 50 feet or larger is also provided. All preliminary plans shall show at least the following information:
(a) 
North arrow, scale, graphic scale, date, and noted and dated revisions.
(b) 
The zoning district in which the parcel is located together with the district boundaries included within the boundaries of the parcel and within 200 feet therefrom. All setback lines, landscape strips, landscape buffers, building heights and other bulk requirements shall be shown and dimensioned. Any deviation from requirements of this chapter shall be specifically shown.
(c) 
Survey map, prepared by a New Jersey licensed surveyor showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within 200 feet of the development. These shall be dimensioned and, where applicable, referenced as to directions.
(d) 
Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(e) 
The existing and proposed contours, referred to US Coast and Geodetic Survey Datum, at a contour interval of not less than two feet. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines. Location of existing rock outcroppings, high points, watercourses and drainageways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and areas as determined by survey, are to be shown. Trees of three inches or more in caliper measured three feet above the base shall be specifically located and identified. Any proposed change of such natural features shall be specifically noted.
(f) 
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted.
(g) 
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
(h) 
The distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.
(i) 
The proposed use or uses of the land, buildings and structures.
(j) 
The quantitative aspects of the proposal such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land.
(k) 
The proposed buildings and structures and any existing structures to remain, with dimensions, setback, heights (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated.
(l) 
The location and design of any off-street parking areas, service, trash or loading areas showing size and location of bays, aisles, barriers, planters, maneuvering areas, and traffic patterns.
(m) 
The means of vehicular access for ingress to and egress from the site, showing the proposed traffic channels, lands and any other structures or devices intended to control traffic.
(n) 
The location, design, and site of any on- or off-site pedestrian parks and bicycle pathways, open space, common open space, plazas and recreation areas or any other public use areas.
(o) 
The location and design of all proposed water structures and lines; stormwater drainage system, on-site and off-tract; telephone, power and light, water hydrant locations and gas lines, and sewer systems whether publicly or privately owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.
(p) 
The location and design of the proposed screening, landscaping and planting, including a planting plan and schedule of plant materials.
(q) 
The location of all outdoor lighting (freestanding or on building), the size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced as well as time controls proposed for outdoor lighting and display.
(r) 
The locations and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time controls for sign lighting.
(s) 
The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement.
(t) 
Where applicable, the method by which any common or public open space or commonly held building or structure is to be owned and maintained.
(u) 
Where warranted, such other material deemed necessary by the Planning Board to evaluate the physical, fiscal or socioeconomic impact of the proposed development upon the City.
(v) 
The City has determined that an environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where an analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial, and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within an EIS may be used by the reviewing board to require specific conditions relating to site design or improvements which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for preliminary approval of a major site plan application and use variance(s) unless specifically waived by the reviewing board, and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed, and passed upon in accordance with the standards set forth below. Nothing herein contained shall eliminate the necessity to provide other information required under the Land Development Ordinance of the City of Cape May in the preparation of an EIS.
[1] 
Composite environmental constraints map at the same scale as the preliminary site plan. The applicant shall, utilizing existing map sources, present a plan indicating:
[a] 
The features for preservation.
[b] 
Features which represent any constraints for development.
[i] 
Generally indicating the area most suitable for development.
[ii] 
The areas least suitable for development.
[iii] 
Various degrees of suitability between these two extremes.
[2] 
An environmental impact statement containing data reflecting:
[a] 
A statement describing and explaining the impact and effect of proposed site plan upon the ecological systems and environment of the City of Cape May's land and waters giving consideration to the applicable natural processes and social values of:
[i] 
Geology.
[ii] 
Aquifers.
[iii] 
Hydrology.
[iv] 
Stormwater runoff.
[v] 
Soils.
[vi] 
Potential soil loss.
[vii] 
Soil nutrient retention.
[viii] 
Vegetation.
[ix] 
Wetland vegetation.
[x] 
Recreation value of vegetation.
[xi] 
Historic value.
[xii] 
Scenic features.
[xiii] 
Wildlife-high value areas.
[xiv] 
Wildlife-rare and beneficial species.
[xv] 
Water quality.
[xvi] 
Air quality.
[b] 
Specific plans proposed by the developer to alter, preserve, enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed site.
[c] 
Test boring, percolation rates, water levels and groundwater samples shall be submitted by a licensed engineer in accordance with the following standards:
[i] 
To a two-acre site: one test hole.
[ii] 
Two-acre site: three test holes.
[iii] 
Three-acre site: six test holes.
[iv] 
Five- to ten-acre site: eight test holes.
[v] 
Eleven- to forty-acre site: 10 test holes.
[vi] 
Forty-one- to one-hundred-acre site: 16 test holes.
[vii] 
Over one-hundred-acre site: 20 test holes.
[d] 
These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of 10 feet.
(w) 
A traffic impact report shall accompany all applications for preliminary approval of all major site plan applications, unless specifically waived by the reviewing board. The traffic impact report shall include information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement on the highways adjoining the development and to assure proper circulation within the development. These arrangements may include provision for necessary signalization, channelization, standby-turn lanes, right-turn, acceleration or deceleration lanes, added roadway width, adequate warning signs, and adequate storage area and distribution facilities within the development to prevent backup of vehicles on public streets.
[1] 
Traffic volume developed from trip-generating forecasts in accordance with standards contained in "Trip Generation — An Informal Report" published by the Institute of Transportation Engineers, or other reliable reference sources.
[2] 
Traffic accidents, including the number of accidents which occurred at or adjacent to the site within the last three years.
[3] 
Geometry of the roadway, including the configuration of any adjacent intersection and the adjacent roadway approaches.
[4] 
Roadway conditions, including the physical condition of the roadways leading to the site.
[5] 
Development potential of the surrounding area based upon a reasonable number of years into the future.
[6] 
Improvements based upon road classifications.
[7] 
Measures to correct existing road conditions.
[8] 
Estimated pro rata contributions of funds and/or land and/or constructions of on- and off-tract improvements or rights-of-way. Where applicable, the analysis shall also include the impact of development of vacant land in adjacent municipalities where such development will impact on the circulation system affecting the proposed development site.
(x) 
Solid waste/recycling. In reviewing preliminary major site plans for 25 or more units of multifamily housing or in reviewing any preliminary major site plans incorporating any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the reviewing board shall take into consideration methods of addressing the recycling goals of the City.
[1] 
Submission requirements. A recycling report shall accompany all applications for 25 or more units of multifamily housing or any preliminary site plan incorporating any commercial or industrial development for the utilization of 1,000 square feet or more of land addressing the means of recycling for the proposed site plan taking into consideration methods of addressing the recycling goals of the City. The recycling report shall include the following:
[a] 
Materials to be collected.
[b] 
Where the materials will be stored.
[c] 
How the materials will be picked up.
[d] 
Who will pick up the materials.
[e] 
How often the materials will be picked up.
[f] 
How much material will be generated.
[g] 
How much storage area is required for each material.
(y) 
A stormwater management report shall accompany all applications for preliminary approval for all major site plan applications, unless specifically waived by the reviewing board. The stormwater management report shall include a statement of compliance with N.J.A.C. 7:8 and Chapter 437 (Stormwater Management) of the Code of the City of Cape May.
[Added 10-16-2007 by Ord. No. 120-2007]
(z) 
An affordable housing report shall accompany all applications for preliminary approval for all major site plan applications, unless specifically waived by the reviewing board. The affordable housing report shall include a statement of compliance with Chapter 59, Land Use Procedures, Article V, of the Code of the City of Cape May.
[Added 10-16-2007 by Ord. No. 120-2007]
(aa) 
All applicants must include a Site Plan in digital format compatible with AutoCAD or dxf format on CD-ROM.
[Added 10-16-2007 by Ord. No. 120-2007]
D. 
Preliminary plan review.
(1) 
Within 45 days of the submission by the applicant to the Secretary of the Planning Board of a sufficient number of copies of a complete site plan application for 10 acres of land or less, or within 95 days of submission of a sufficient number of copies of a complete application for a site plan of more than 10 acres, or within such further time as may be agreed upon by the applicant, the Planning Board shall act upon the application; if the Board of Adjustment acts on the site plan pursuant to subsection 32-42.2b, the time for action after submission of a complete application shall be 120 days.
(2) 
Upon receipt of a complete application, the Secretary to the Planning Board shall make one copy available to the members of the Planning Board for their review and one copy of the application to the following officials and Boards:
(a) 
The City Engineer.
(b) 
The City Planner (if any).
(c) 
City Historic District Commission.
(d) 
Cape May County Planning Board.
(e) 
Cape May Water and Sewer Utility.
(f) 
Such other boards or officials as CAFRA, Corps of Engineers, New Jersey DOT, New Jersey DEP, Cape/Atlantic Soil Conservation Service, Cape May County MUA, and the Police and Fire Chiefs of Cape May as may be deemed necessary.
(3) 
The officials and Boards may have a period of 20 days after receipt of the preliminary plan to make a report and recommendations concerning the preliminary plan. The Planning Board shall take any such recommendations received into account, but shall have the right to proceed in the absence of any such recommendations.
E. 
Public hearing. Public notice need not be given of a preliminary or final hearing on application for conventional site plan review. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Construction/Zoning Official. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
F. 
Preliminary plan action. The Planning Board shall by resolution approve, disapprove, or approve with conditions the preliminary plan, stating reasons for any disapproval.
G. 
Decision of Planning Board. A copy of the decision shall be mailed by the Secretary to the Planning Board within 10 days of the date of decision to the applicant and be filed in the office of the Construction/Zoning Official. Copies of such filed decision shall be available for public inspection at the office during reasonable hours, and copies may be made available to any interested party for a reasonable fee. A brief notice of the decision shall be published by the Planning Board in the official newspaper of the City. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
H. 
County Planning Board approval. Any application requiring County Planning Board approval may be approved by the City Planning Board subject to approval by the County Planning Board.
I. 
Effect of preliminary approval. Preliminary approval of a site plan shall, except as provided in Subsection J below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
[Amended 6-21-2005 by Ord. No. 37-2005]
(1) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and on-site and off-tract improvements; and any requirements peculiar to the specific site plan. The City may modify by ordinance such general terms and conditions of preliminary approval as it may relate to public health and safety, provided such modifications are in accord with amendments adopted by ordinance subsequent to approval.
(2) 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
J. 
Extension of preliminary approval.
(1) 
The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern. In the case of a site plan for an area of 20 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
(b) 
Economic conditions; and
(c) 
The comprehensiveness of the development.
(2) 
Thereafter the applicant may apply for, and the Planning Board may grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval; and
(b) 
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; and
(c) 
Economic conditions; and
(d) 
The comprehensiveness of the development; provided that if the design standards have been revised such revised standards may govern.
(3) 
Any application for extension of preliminary approval which incorporated variance relief pursuant to N.J.S.A. 40:55D-70(c) or (d) shall be conditioned upon compliance with § 525-90 and the noticing provisions of N.J.S.A. 40:55D-12 which includes certified mailing to property owners within 200 feet based on an up-to-date list and publication at least 10 days in advance of the date of hearing.
[Added 5-17-2022 by Ord. No. 457-2022]
K. 
Planning Board variance in lieu of Board of Adjustment.
(1) 
The Planning Board, when reviewing applications for approval of site plans, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70c. The variances may be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions; or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property.
(2) 
The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided, however, that no variance may be granted under this subsection to allow a structure or use in a district restricted against such structure or use. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Chapter 525, Zoning. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, and all notice requirements of N.J.S.A. 40:55D-12 shall apply.
A. 
Objectives of review. The final plan shall be reviewed to ascertain whether the construction documents to be utilized in construction of the project conform to the approved preliminary plan.
B. 
Application. Sixteen or more copies of the final plan, and 16 copies of the application in a form approved by the Planning Board, and the requisite fee shall be filed with the Secretary to the Planning Board.
C. 
Final plan details. The final plan shall include the following:
(1) 
The final plans for site development and site improvement.
(2) 
The first, ground and other floor plans sufficient to show pedestrian, vehicular or other access.
(3) 
The building facades, including materials, colors and textures, elevations of any other structures, signs or areas visible to the general public.
D. 
Final plan review.
(1) 
Within 45 days after submission of a complete final site plan application, or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for final site plan approval with or without conditions, provided the following requirements are met:
(a) 
That the detailed drawings and specifications meet all applicable codes and ordinances;
(b) 
That the final plans are substantially the same as the approved preliminary site plans;
(c) 
That all improvements have been installed or bonds posted to insure the installation of improvements;
(d) 
That the applicant agrees in writing to all conditions of final approval;
(e) 
That proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
(2) 
Upon receipt of a complete application, the Secretary to the Planning Board shall make one copy available to members of the Planning Board and one copy to each of those officials and boards having received a copy of the preliminary plan.
(3) 
The officials and Board shall have a period of 20 days after receipt of the final plan to make a report and recommendations concerning the final plan. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.
E. 
Decision of Planning Board. Copies of the Planning Board's decision shall be distributed as set forth in § 417-5 herein.
[Amended 6-21-2005 by Ord. No. 37-2005]
F. 
Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval. A deviation from the final plan may be permitted by the administrative officer if caused by a change of conditions beyond the control of the developer after the date of final approval, provided the deviation does not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Chapter 525, Zoning.
G. 
Time limit for final approval and extensions.
[Amended 6-21-2005 by Ord. No. 37-2005]
(1) 
Final approval shall expire two years from the date of final approval unless the applicant has secured and maintains a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under Subsection F herein, for one year. The developer may thereafter apply for an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area remaining to be developed;
(b) 
Economic conditions; and
(c) 
The comprehensiveness of the development.
(2) 
Any application for extension of final approval which incorporated variance relief pursuant to N.J.S.A. 40:55D-70(c) or (d) shall be conditioned upon compliance with § 525-90 and the noticing provisions of N.J.S.A. 40:55D-12 which includes certified mailing to property owners within 200 feet based on an up-to-date-list and publication at least 10 days in advance of the date of hearing.
H. 
Conditions of final approval. The Planning Board may, as a condition of final approval:
(1) 
Grant final approval only for designated geographic sections of the development;
(2) 
Grant final approval for certain work but require resubmission for final approval for designated elements such as, but not limited to, such items as landscaping, signs, or street furniture, and require approval of these elements as a prerequisite for a certificate of occupancy;
(3) 
Condition the granting of a certificate of occupancy subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy. This may include, but is not limited to, such items as the installation of landscaping, erection of signs, installation of improvements, or reevaluation of circulation patterns.
I. 
On-tract improvements required. As a condition of final site plan approval, the Planning Board may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements:
(1) 
The furnishing of a performance guaranty in favor of the City in an amount equal to 120% of the cost of installation for improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space, landscaping and other on-site improvements.
(2) 
Provision for a maintenance guaranty to be posted with the City Council for a period not to exceed two years after final acceptance of the improvement, in an amount equal to 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the City for such utilities or improvements.
(3) 
The amount of any performance guaranty may be reduced by the City Council, by resolution, when portions of the improvements have been certified by the City Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the City Council by resolution.
(4) 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not complete or corrected and the City may either prior to or after the receipt of the proceeds thereof complete such improvements.
(5) 
When all of the required improvements have been completed, the obligor shall notify the City Council in writing, by certified mail addressed in care of the City Clerk, of the completion of the improvements and shall send a copy thereof to the City Engineer. Thereupon, the City Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the City Council, 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.
(6) 
The City Council shall either approve, partially approve or reject the improvements on the basis of the report of the City Engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guaranty, except for that portion sufficient to secure provision of any improvement not yet approved. Failure of the City Council 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, if any, shall be released from all liability, pursuant to such performance guaranty.
(7) 
If any portion of the required improvements is 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.
(8) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the City Council or the City Engineer.
(9) 
The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements.
J. 
Off-tract improvements required.
(1) 
As a condition for approval of a site plan, the Planning Board may require an applicant to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such improvements shall be based on the circulation and comprehensive utility service plans of the City-adopted Master Plan as provided for by N.J.S.A. 40:55D-42 and 40:55D-28. The proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area shall be computed by the City Engineer or such other persons as requested by the Planning Board according to a formula adopted in advance by the Planning Board.
(2) 
Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
K. 
Simultaneous review of conditional use and/or site plans and subdivisions. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without additional hearings being required. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this subsection, notice of the hearing on the plan shall include reference to the request for such conditional use. All notice requirements of N.J.S.A. 40:55D-12 shall apply.
A. 
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalties set forth in Chapter 1, Article III, Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day that such violation exists shall constitute a separate offense.
C. 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist; and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the penalty specified above.
D. 
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted; or any building, structure or land is used in violation of or contrary to the provisions of this chapter, the City may institute an action to enjoin or take any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.
All amendments to this chapter shall be in accordance with the provision of N.J.S.A. 40:55D-62 and 40:55D-64. Any proposed amendment shall be submitted to the Planning Board for report and recommendations prior to any action thereon by the City Council.