A.
An ordinance establishing rules, regulations and standards
governing the subdivision, development and redevelopment of land within
the Borough of Bradley Beach pursuant to the authority set forth in
Chapter 291 of the Laws of New Jersey, 1975, and amendments and supplements
thereto,[1] setting forth the procedure to be followed by the Planning
Board and Board of Adjustment in applying and providing penalties
for the violation thereof.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Short title. This chapter shall be known and may be
cited as the "Land Development Ordinance of the Borough of Bradley
Beach, 2004."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land development in the Borough in order to provide for the orderly growth and development of the Borough and to promote the comfort, health, safety, convenience and general welfare of the Borough in conformance with Borough's Master Plan and Chapter 450, Zoning.
The provisions of this chapter shall be administered
by the Planning Board or Board of Adjustment in accordance with Chapter
291 of the Laws of the State of New Jersey, 1975, and amendments and
supplements thereto,[1] and pursuant to Chapter 60, Land Use Procedures.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
The Secretary of the Planning Board or Board of Adjustment
or the Clerk of the municipality, as the case may be, according to
which of the said agencies is involved in a particular instance.
A developer submitting an application for development.
The application or appeal form and all accompanying documents
required by this chapter for approval of a subdivision plat or site
plan.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Bradley Beach, unless a different agency is designated
by ordinance when acting pursuant to the authority of this chapter.
The area bounded by one or more streets or a municipal boundary as shown on the Borough Tax Map and being of sufficient size to accommodate a lot or lots of the size required by Chapter 450, Zoning.
A plan for soil erosion and sediment control that meets the
standards for soil erosion and sediment control in New Jersey as promulgated
by the State Soil Conservation Commission Committee and that has been
approved by the Freehold Soil Conservation District.
A watercourse with a definite bed and banks that confine
and conduct continuously or intermittently flowing water.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the common use or enjoyment of residents and owners
of the development.
An application for development containing all items specified
as being required in the application checklist included in this chapter
as Appendix A.[1]
A right-of-way, dedicated to public use, to facilitate pedestrian
access through subdivision.
A street or portion of a street in which accessibility is
limited to only one point of ingress and egress.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or any other person
having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
The Construction Official.
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity that
causes soil to be exposed to the danger of erosion.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope or grade.
The removal of surface water or groundwater from land by
drains, grading or other means, including provisions to control runoff
to minimize erosion during and after construction or development,
provisions for preserving groundwater supply and provisions for prevention
or alleviation of flooding.
Any structure or portion thereof designed or used exclusively
as the residence by one or more persons. Hotels, motels, dormitories,
fraternity or sorority houses, rooming and/or boarding houses and
other similar group quarters and institutional living space shall
not be considered a "dwelling" as defined in this chapter.
Any room or group of rooms within a structure or part thereof,
forming a single habitable unit with facilities used or designed to
be used for living, sleeping, cooking, eating and sanitation, providing
complete living facilities for one family.
A structure containing one dwelling unit, designed for or
occupied by one family.
A structure containing two separate dwelling units, designed
for or occupied by two families living independently of one another.
A structure containing three or more separate dwelling units,
designed for or occupied by three or more families living independently
of one another.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation, or particular
person or persons for specified uses.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or an approval conditioned upon the posting
of such guaranties.
The Mayor and Council of the Borough of Bradley Beach.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet, but excluding that part of a lot
included within a street right-of-way.
Any line dividing one lot from another lot or from a public
right-of-way or thoroughfare.
Any security that may be accepted by the municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit, and cash.
Any site plan not classified as a "minor site plan."
Any subdivision not classified as a "minor subdivision."
A composite of one or more written or graphic proposals for
the development of the Borough recommending standards for the promotion
of the comfort, convenience, public health, safety and general welfare
of the community, and which shall have been duly adopted by the Planning
Board.
The chief executive of the Borough.
Any site plan for development of not more than 1,000 square
feet of new or additional floor area and not more than five new or
additional off-street parking spaces and which meets all the requirements
of the zone in which it is located.
A subdivision of land that results in the creation of three
or fewer lots, and does not involve a planned development, any new
street or the extension of any off-tract improvement.
The Planning Board, Board of Adjustment or governing body
or any agency created by or responsible to the municipality when acting
pursuant to this chapter.
Chapter 291 of the Laws of New Jersey, 1975 as amended from
time to time.[3]
Vegetation consisting of typically green, short plants with
long, narrow leaves, growing wild or cultivated on lawns and pasture.
[Added 3-8-2016 by Ord.
No. 2016-09]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or right-of-way.
Not located on the property that is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property that is the subject of a development
application or on the closest half of an abutting street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed or subdivided, to commence and maintain proceedings
to develop the same under this chapter.
Any security that may be accepted by the Borough, including
but not limited to surety bonds, letters of credit and cash, provided
that the municipality shall not require more than 10% of the total
performance guaranty in cash.
The Planning Board of the Borough of Bradley Beach.
The map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the Clerk of the County of Monmouth for recording in accordance with
the Map Filing Law.[4]
The map of a subdivision or site plan of sufficient accuracy
and containing all items specified as being required in the application
checklist included in this chapter as Appendix A[5] to be used for the purpose of classification and informal
review and discussion.
A conference attended by the planner, engineer, zoning officer,
or their representative and other boards or agencies as may be required
for a specific application.
The conferral of certain rights as to site plans and major
subdivisions pursuant to N.J.S.A. 40:55D-49 prior to final approval
and after specific elements of a development plan have been agreed
upon by the Planning Board and applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel, and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Borough, a Borough agency, the Board of Education, a state or county
agency, or any other public body for recreational or conservational
uses.
The majority of the full authorized membership of a municipal
agency.
N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as
subsequently revised, also referred to as "RSIS."
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law but does not include conveyances so as
to combine existing lots by deed or other instrument.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been removed from its site of origin
by air, water or gravity as a product of erosion.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel or silt or other material.
A development plan of one or more lots on which are shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
and screening devices; and
Any other information that may be reasonably
required in order to make an informed determination as to approval
of the plan.
Any storm drainage technique that retards or detains runoff,
to reduce the peak rate or total volume of runoff, such as a detention
or retention basin, parking lot storage, rooftop storage, porous pavement,
dry wells or any combination thereof.
A permit issued by the Department under the provisions of
the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq. and
the Flood Hazard Area Rules, N.J.A.C. 7:13.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
That is an existing state, county or municipal
roadway; or that is
Shown upon a plat heretofore approved pursuant
to law;
Approved by official action as provided by this
chapter; or
Shown on a plat duly filed and recorded in the
office of the county recording officer prior to the appointment of
a Planning Board and the grant to such Board of the power to review
plats; including the land between the street lines, whether improved
or unimproved, and whether or not comprising pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas.
Used primarily for fast or heavy volumes of traffic and are
used generally to proceed between major urban centers, or other large
areas of development as commercial centers, industrial areas, and
concentrated residential communities through or around the locality
of the Borough.
Those that carry traffic from local streets to the arterial
streets and designed to have considerable continuity and traffic capacity.
A local dead-end street terminating in a circular or other
turnaround area generally not used for ingress and egress by more
than 20 abutting lots and generally not longer than 500 feet.
Those streets which need to be entered only for stopping
at a destination on that street and which need not be used for general
traffic circulation through the Borough.
A continuous local street whose entrance and exit are parallel
or nearly parallel to each other and generally not used for ingress
and egress by more than 50 abutting lots.
A combination of materials forming a construction, assembly
or erection, for occupancy, use, or ornamentation, whether installed
on, above or below the surface of the parcel of land, including but
not limited to buildings, sheds, fences, walls, decks, signs, towers,
swimming pools, and platforms.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
A.
Approval of site plans and subdivisions.
(1)
Except as hereinafter provided, no building or use
or enlargement of any building or use or change of any building or
use in any zone shall be permitted and no building permit shall be
issued for such building or use unless a site plan approval is first
obtained from the Planning Board, and no certificate of occupancy
shall be granted for such building or use unless all construction
conforms to the approved site development plan.
(2)
Site plan approval shall not be required for single-
or two-family dwellings or for such accessory uses such as private
garages, toolhouses, gardens, swimming pools, private greenhouses
or other structures incidental to single- or two-family dwellings.
(3)
No part or portion of any lot or property not shown
and designated on the tax maps of the Borough of Bradley Beach as
a separate and distinct lot shall be transferred or otherwise disposed
of, and no building permit shall be issued for a separate principal
building or use on a lot or property unless a subdivision approval
is first obtained from the Planning Board.
(4)
Subdivision approval shall not be required for multiple
principal buildings or uses on a lot or property if such buildings
or uses are constructed pursuant to a site plan approval by the Planning
Board.
