A. Forms. All applications for development shall be made upon forms
provided and filed with the Zoning Office and any appeals of a decision
of the Zoning Officer shall be filed with the Secretary of the Board
to which application is being made.
B. Time of application. All applications to the Board shall be filed
not fewer than 20 days prior to the meeting at which initial consideration
of the application is requested.
C. Completeness of applications. No application shall be acted upon unless and until it is complete in every aspect, including the specified plans, maps, applications, certifications and fees. Completeness shall be determined by the review of the Secretary of the Board according to the criteria of §
198-10, Submission of application; required documents. The Planning Board shall designate a secretary, committee of Board members or Board professional staff member to review applications for completeness, according to bylaws adopted by the Board concerning completeness. In the event that an applicant does not believe it necessary to meet the established criteria for completeness, the applicant may request, in writing, or in an appearance before the full Board, that one or more of the submission requirements be waived. Upon receipt of such request, the Secretary shall schedule a hearing on the issue of completeness only, before the Board having jurisdiction. After such request and appearance before the Board, the Board shall act to grant or deny the request within 45 days after the request of the completeness hearing. Granting of a request for waiver does not prevent the respective Board from requiring the information necessary if, during the review of the application, such information is deemed to be necessary. However, the application cannot be deemed incomplete at a later time, and the Board must act within the time provided by law to render a full decision on the merits. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Planning Board or any Committee thereof may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met.
D. Placement on the agenda. The Secretary shall place each completed
application on the Board's agenda. In the event that the Secretary
shall withhold the application from the agenda, the Secretary shall
notify both the Board and the applicant of any deficiency which renders
the application incomplete. The applicant shall be notified within
45 days of filing of either the scheduled date of the Board hearing
or the determination that the application is incomplete.
E. Public hearings. The Planning Board shall hold public hearings on
each application for development in accordance with the Municipal
Land Use Law (N.J.S.A. 40:55D-10). Pursuant to N.J.S.A. 40:55D-10,
the Board holding the hearing shall provide for the verbatim recording
of the proceedings by a certified shorthand stenographer or mechanical
or electronic means equivalent to those used in the municipal courts
of this state. The cost of providing transcripts of the hearing shall
be borne solely by the applicant or other interested person requesting
a transcript of the proceedings. All transcripts shall be prepared
by a certified shorthand reporter who is authorized by law to perform
such functions. The Board holding such hearings shall provide, in
its bylaws, for the production of transcripts by a certified shorthand
reporter and may release a copy of the record of the hearing to any
person, other than the official reporter designated by the applicant.
Any interested party requesting a transcript shall, upon payment of
the cost of preparation of the transcript, receive a copy. Nothing
herein shall require the Board to release the original recording of
any such hearing.
F. Additional data required.
(1) If the application is determined by the Secretary or such other person
or body designated by the Board to be incomplete, the applicant shall
be notified within 45 days of the initial filing date of the deficiency
and the data required to bring the application to completeness.
(2) An application deemed to be incomplete shall not be considered to
be placed upon the Board's agenda, nor officially received by the
municipality or Board having jurisdiction. An amended application
shall be submitted in the same manner as the original application.
G. Application number. Each application for development shall be assigned
a file number by the Secretary upon submittal by the applicant. Each
Board shall have a separate numbering system.
H. Resolution of the Board; findings of fact and conclusions. The Board
having jurisdiction over the application shall include findings of
fact and conclusion based thereon in each decision on any application
for development and shall reduce the decision to writing. The Board
shall provide the findings and conclusions through a memorializing
resolution adopted at a meeting held not later than 45 days after
the date of the meeting at which the Board voted to grant or deny
approval. Only the members of the Board who voted for the action taken
may vote on memorializing the resolution, and the vote of a majority
of such members present at the meeting at which the resolution is
presented for adoption shall be sufficient to adopt a resolution.
The vote on any such resolution shall be deemed to be a memorializing
of the action of the Board having jurisdiction and not to be an action
of the Board; however, the date of the granting or denial of approval
shall constitute the date of the decision for the purposes of mailings,
filings and publications required by N.J.S.A. 40:55D-10. If the Board
fails to adopt a resolution as specified, any interested party may
so apply to the Superior Court in a summary manner for an order compelling
the Board to reduce its findings and conclusions to writing within
a stated time.
I. Additional Board hearings. The Board having jurisdiction pursuant
to this chapter may adopt, according to its bylaws, rules and regulations
concerning multiple hearings on applications for development. The
decision of the Board to require a work session or preliminary hearing
shall be binding upon the applicant. All actions of the Board shall
be completed in accordance with the schedule established by the Municipal
Land Use Law and this chapter.
The following documents shall be required for an application
for development to be declared complete for review. If the application
is to the Zoning Officer, three copies or sets of the application
forms, plans, maps and all supplemental data which comprise the main
body of the application shall accompany the initial submission. If
the application is to be submitted to the Planning Board, a minimum
of 15 copies or sets of the application form (Subsection A) plan(s)
and map(s) (Subsection B) and supplemental data (Subsection C), which
comprise the main body of the application, shall accompany the initial
submission. Other documents or items required in this section shall
be furnished in singular form.
A. Application form. A completed application for development shall include
the specified form or forms with each and every item on the form filled
in or noted as "none" or "not applicable," when appropriate.
B. Maps and plans. One or more plans or maps showing the full details of the existing site conditions and proposed development as required in §
198-11, Subdivision plat details, and §
198-12, Site plan details, according to the type of application being submitted, shall be submitted.
C. Supplemental data. Data submitted in written or graphic form deemed
necessary either by the applicant or the Board in order to augment
the application for development to explain the full particulars and
operating characteristics of the proposed development shall be submitted.
D. Tax certificate. A certification of taxes paid shall be furnished
by the applicant.
E. Proof of public notification. If required by the form and type of
application, the applicant shall prepare and furnish proof of publication,
legal advertisement, public notifications (property owners within
200 feet), etc., as specified in the Municipal Land Use Law. (N.J.S.A.
40:55D-12).
F. Applicants seeking variances for single-family and duplex dwellings
shall provide architectural elevations and preliminary floor plans.
G. Any information required on any checklist applicable to the application;
said checklists are
attached to this chapter as an appendix thereto.
H. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that the applicant
is entitled to approval of the application. The Planning Board or
any committee thereof may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for the approval of the application have
been met.
Application and review procedures for subdivision approval shall be in accord with §
198-10, Submission of application; required documents, of this chapter. The following details shall be required with any subdivision application:
A. Minor subdivision plat application. The minor subdivision plat shall
be prepared to scale to enable the entire tract to be shown on one
sheet and include the information listed below. The scale of the minor
subdivision plat shall be not less than 50 feet to the inch except
where otherwise directed by the Planning Board.
(1) A key map showing the location of the property in relation to all
properties adjoining the tract and existing streets which border the
tract, including street names.
(2) The name of the owners of the property being subdivided.
(3) The name of the prospective subdivider, if different than the owner.
(4) The Tax Map lot and block numbers of the tract and adjoining properties,
including the names, addresses and locations of all buildings and
structures of the property owners within 200 feet of the entire property
being subdivided.
(5) A schedule indicating the acreage of the total tract, zoning district
and minimum requirements for each lot in that district as compared
to each proposed lot, setback and yard information for the district.
(6) The existing conditions of the property being subdivided, including
a map of property prepared and certified by a New Jersey licensed
professional land surveyor.
(7) All subdivision applications, whether major or minor, shall include
a legal description and plot the development restriction line on the
plot submitted. No development shall be permitted oceanward of the
development restriction line.
B. Sketch plat application, major subdivision. The sketch plat shall
be prepared to scale to enable the entire tract to be shown on one
sheet and include the information listed below. The scale of the sketch
map shall be not less than 100 feet to the inch except where otherwise
directed by the Planning Board.
(1) A key map showing the location of the property in relation to the
entire tract and in relation to all properties adjoining the tract
and existing streets which intersect or border the tract, including
street names.
(2) The names of the owners of the property being subdivided.
(3) The name of the prospective developer, if different than the owner.
(4) The Tax Map lot and block numbers of the tract and adjoining properties,
including the names, addresses and locations of all buildings and
structures of the property owners within 200 feet of the entire property
being subdivided.
(5) The location of all adjoining streets, noting improvements, dedication
and dimensions.
(6) Proposed connections to sanitary sewer and water supply systems with
an estimate of increase in capacities required.
(7) Proposed stormwater management plan showing the collection and discharge
of surface water drainage, including improvements and connections
to the existing system.
(8) The location of environmentally sensitive areas either on or adjoining
the tract being subdivided, including coastal waterways, wetlands
and beach and dune systems.
(9) The location, configuration and dimension of the proposed lots, streets
and public use areas.
(10)
Topographic information in sufficient detail to determine the
natural slope of the tract.
(11)
Proof that streets in the subdivision are of sufficient width
and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighters and emergency equipment.
C. Preliminary subdivision plat applications, major subdivision. The
preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than one inch equals 50 feet. The following
information shall be shown on standard size sheets:
(1) A key map showing the location of the property in relation to the
entire tract and in relation to all properties adjoining the tract
and existing streets which intersect or border the tract, including
street names.
(2) The names and addresses of the owners of the property.
(3) The name and address of the prospective developer, if different than
the owner.
(4) The name, address, license number and signature of the professional
responsible for the preparation of the plat.
(5) The Tax Map lot and block numbers of the tract and adjoining properties.
(6) The project name, date of preparation, graphic scale and reference
meridian.
(7) The location of environmentally sensitive areas either on or adjoining
the tract being subdivided including coastal waterways, wetlands and
beach and dune systems.
(8) The acreage of tract to be subdivided to the nearest tenth of an
acre.
(9) A zoning schedule or statement that the proposed subdivision is in
compliance with the requirements of the applicable zoning district.
Each lot shall be drawn to scale showing size, configuration, area,
frontage, depth and setbacks.
(10)
Existing one-foot interval contours based on National Geodetic
Vertical Datum (NGVD) as determined and certified by a New Jersey
licensed professional land surveyor.
(11)
Existing conditions of the property being subdivided, including
a map of property prepared and certified by a New Jersey licensed
professional land surveyor.
(12)
Preliminary grading and drainage plan showing the locations
of all existing and proposed drainage pipes, swales, channels, retention-recharge
basins and other items pertinent to drainage, including the proposed
grading contours at one-foot intervals. In addition, the drainage
plan shall show the following:
(a)
Drainage area plan outlining the approximate areas contributing
to each inlet.
(b)
Pipe sizes and type, invert elevations, grades and direction
of flow.
(c)
Profiles and cross sections.
(d)
Direction and flow of all surface waters.
(e)
Drainage calculations prepared in accordance with §
198-72, Stormwater management.
(13)
Preliminary center-line profiles showing proposed drainage flow,
all existing and proposed finished roadway grades, pipe sizes, types,
inverts and connections.
(14)
Preliminary utility plan showing both proposed and existing
locations of sanitary sewers, water systems and natural gas, electric,
telephone and cable systems in relation to the proposed lot layout
and street system.
(15)
Proof that streets in the subdivision are of sufficient width
and of suitable grade and suitably located to accommodate prospective
traffic and provide access for firefighting and emergency equipment.
(16)
Steps to insure the protection and conservation of soil from
erosion by wind or water or from excavation or grading.
D. Final subdivision plat application, major subdivision (applies to
Planning Board and Zoning Board). The final plat shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch
equals 50 feet in compliance with the Map Filing Law of the State
of New Jersey (N.J.S.A. 46:23-9.9 et seq.). The following information shall be shown on standard
size sheets:
(1) All information submitted for preliminary review as revised, corrected
or modified during prior public hearings.
(2) The following certifications shall be on the plan for execution by
the Board Secretary, Municipal Engineer and Tax Assessor's office:
Approved by resolution of the Planning Board
of
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the City of Brigantine on _______________________
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_________________________________________________
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Planning Board Chairman
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Date
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_________________________________________________
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Planning Board Secretary
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Date
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I hereby certify that I have carefully examined
this plat and find it in conformance with the New Jersey Map Filing
Law and the ordinances and requirements of the City of Brigantine
applicable thereto.
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_________________________________________________
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Municipal Engineer
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Date
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Certificate of taxes paid
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_________________________________________________
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Tax Assessor
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Date
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(3) The following certifications shall be included on
the final plat for execution by the owner and surveyor of record:
I hereby certify that I am the record holder
of title to the lands delineated on the plat and consent to the filing
thereof.
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_________________________________________________
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Owner
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Date
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I hereby certify that this map and survey have
been made under my supervision and comply with provisions of the New
Jersey Map Filing Law.
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I do further certify that the monuments as designated
and shown herein have been set or will be set as shown.
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_________________________________________________
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Surveyor
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License No.
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Date
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E. Final subdivision documentation, major subdivision. Final approval
of any subdivision shall require the following documentation to be
furnished to the Board and its experts for their review and acceptance:
(1) Proof of taxes paid as of the quarter within which final approval
is given.
(2) An engineer's cost estimate, showing a breakdown of costs for all
on-site and off-site improvements required to construct the development
as well as site improvements such as lighting, landscaping, recreational
facilities, streets and utilities.
(3) A maintenance guaranty and/or performance bond for those improvements as specified in §
198-14, Required improvements, in the form and amount, approved, in writing, by the City Engineer and City Manager. Said guaranties and/or bonds shall be placed on file in the City Manager's office.
(4) Inspection fees as required by the City Engineer's office and specified
in the design engineer's cost estimate. Said fees shall be posted
with the City Manager's office.
(5) In the case of a subdivision proposing a homeowners association,
documentation regarding the operating methods and procedures shall
be submitted for the Board's review.
(6) Proof of all required applications to other agencies having jurisdiction
having been made by the applicant.
(7) Additional documentation that is required by the Planning Board as
a condition of approval.
Application and review procedures for site plan approval shall be in accord with §
198-10, Submission of application; required documents, of this chapter. The following details shall be required with any site plan application:
A. Minor site plan application. The minor site plan shall be prepared
to scale to enable the entire project to be shown on one sheet and
shall include the information listed below. The scale of the minor
site plan shall be not less than 50 feet to the inch except where
otherwise directed by the Planning Board.
(1) A key map showing the location of the property in relation to all
properties adjoining the tract and existing streets which border the
tract, including street names.
(2) The names of the owners of the property to be developed.
(3) The name of the prospective developer if different than the owners.
(4) The Tax Map lot and block numbers of the tract and adjoining properties,
including the names and addresses of the property owners within 200
feet of the entire property being subdivided.
(5) A schedule indicating the acreage of the total tract, zoning district
and minimum setback, yard and coverage requirements applicable to
the project.
(6) Existing conditions of the property being developed, including a
map of property prepared and certified by a New Jersey licensed professional
land surveyor.
(7) Plan of proposed site improvements, including parking areas, landscaping,
utility connections, lighting, sign information and noise control
in accordance with existing municipal ordinances.
(8) Architectural floor plan(s) showing building configuration and layout.
B. Preliminary site plan application, major. The site plat shall be
prepared to scale to enable the entire site to be shown on one sheet
and shall include the information listed below. The scale of the site
map shall be not less than 50 feet to the inch except where otherwise
directed by the Planning Board.
(1) A key map showing the location of the property in relation to the
entire tract and in relation to all properties adjoining the tract
and existing streets which intersect or border the tract, including
street names.
(2) The names of the owners of the property to be developed.
(3) The name of the prospective developer, if different than the owner.
(4) The name, address and license number of the professional responsible
for the preparation of the plat.
(5) The Tax Map lot and block numbers of the tract and adjoining properties,
including the names and addresses of the property owners within 200
feet of the entire property being developed.
(6) The project name, date of preparation, graphic scale and reference
meridian.
(7) The location of all adjoining streets, noting improvements, dedication
and dimensions.
(8) Proposed connections to sanitary sewer and water supply systems,
with an estimate of increase in capacities required.
(9) The location of environmentally sensitive areas either on or adjoining
the tract being subdivided, including coastal waterways, wetlands
and beach and dune systems.
(10)
The location, configuration, use, design and height of each
building or structure proposed for construction.
(11)
Existing topographic information showing one-foot contour intervals
based on National Geodetic Vertical Datum (NGVD) as determined and
certified by a professional land surveyor licensed to practice in
the State of New Jersey.
(12)
A schedule indicating the acreage of the total tract, zoning
district and minimum setback, yard and coverage requirements applicable
to the project; if residential, quantities and data for the following:
the total number and type of dwelling units, site coverage, density,
open space, parking and recreational area breakdown, description of
nonresidential use areas proposed (area, use, building type, etc.)
and ownership structure; if commercial, quantitative data for the
following: gross leasable area, use area breakdown, off-street parking
schedule, open space, buffering and screening areas.
(13)
The location of existing buildings and structures on adjoining
properties, indicating configuration, use, height and distance from
the property line of the area to be developed.
(14)
The locations and dimensions of driveways and aisles for off-street
parking and loading areas, including parking space arrangement, capacity
and type.
(15)
A grading and drainage plan showing the locations of all existing
and proposed drainage pipes, swales, channels, retention-recharge
basins and other items pertinent to drainage, including the proposed
grading contours at one-foot intervals. In addition, the drainage
plan shall show the following:
(a)
Drainage area plan outlining the approximate areas contributing
to each inlet.
(b)
Pipe sizes and types, invert elevations, grades and direction
of flow.
(c)
Profiles and cross sections.
(d)
Direction and flow of all surface waters.
(e)
Drainage calculations prepared in accordance with §
198-72, Stormwater management.
(16)
The center-line profiles of any proposed streets, driveways
or aisles, showing drainage flow; all existing and proposed finished
grades of all streets, driveways, aisles, parking and loading areas;
and pipe sizes, types, inverts and connections.
(17)
A utility plan showing both proposed and existing locations
of sanitary sewers, water systems and natural gas, electric, telephone
and cable systems in relation to the proposed buildings, structures
and circulation systems in the development.
(18)
A profile of the proposed sanitary sewer system, if not shown
with the street center-line profiles.
(19)
A landscaping plan showing the amount, size, and location of
each species being utilized, including material list and planting
specifications.
(20)
A lighting plan showing location, type and quantity of each
fixture being utilized. The plan shall include either a detail of
the individual fixture or manufacturer's specification indicating
pattern of illumination, footcandles generated and energy consumption.
(21)
A signing plan showing the location, type, area, and height
of each sign proposed. Specialized graphics and intended sign content
shall be clearly presented.
(22)
Architectural plans showing front, side, rear elevations and
floor plans in sufficient detail to allow the Board to fully evaluate
the proposed buildings.
(23)
Supplemental data submitted in written or graphic form deemed
necessary either by the applicant or the Board in order to augment
the site plan to explain the full particulars and operating characteristics
of the proposed development.
(24)
Proof that streets are sufficient width and suitable grade and
suitably located to accommodate prospective traffic and to provide
access for firefighting and emergency equipment.
C. Final site plan application. The final site plan shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch
equals 50 feet. The following information shall be shown on standard
size sheets:
(1) All information submitted for preliminary review as revised, corrected
or modified during prior public hearings.
(2) In the case of a residential or commercial site plan proposing condominium
ownership or a homeowners' association, documentation regarding the
operating methods and procedures shall be submitted for the Board's
review.
(3) An engineer's cost estimate showing a breakdown of costs for all
off-site improvements required to construct the development, as well
as site improvements such as lighting, landscaping, recreational facilities,
internal streets and utilities. The items to be included in this estimate
shall be mutually determined by the Board and its experts.
(4) The following certifications shall be on the plan for execution by
the Board Chairman, Board Secretary and Municipal Engineer:
Approved by resolution of the Planning Board
of the City of Brigantine on________________________
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_________________________________________________
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Planning Board Chairman
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Date
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_________________________________________________
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Planning Board Secretary
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Date
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I have reviewed this site plan and find it to
be in conformance with the Municipal Land Use Ordinance of the City
of Brigantine as well as meeting the conditions and requirements imposed
by the Planning Board.
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_________________________________________________
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Municipal Engineer
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Date
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D. Final site plan documentation. Final approval of any site plan shall
require the following documentation to be furnished to the Board and
its experts for their review and acceptance:
(1) Proof of taxes paid to the current quarter within which final approval
is given.
(2) A maintenance guaranty and/or performance bond for those improvements as specified in §
198-14, Required improvements, in the form and amount, approved, in writing, by the City Engineer and City Manager. Said guaranties and/or bonds shall be placed on file in the City Manager's office.
(3) Inspection fees as required by the City Engineer's office and specified
in the design engineer's cost estimate. Said fees shall be posted
within the City Manager's office.
(4) Additional documentation that is required by the Planning Board as
a condition of approval.
Upon an application coming before the Board, the Board shall first determine that the application is complete. If incomplete, the Board shall proceed in accord with §
198-9F, Additional data required. If complete, the Board shall consider the matter in accord with the following subsections:
A. Application for minor subdivision approval shall be made to the Planning
Board. Application for minor subdivisions as defined in this chapter
shall not be subject to public hearing. Approval or denial of a minor
subdivision shall occur within 45 days from the date this application
is declared to be complete, or within such further time as may be
consented to by the applicant. Approval of a minor subdivision shall
expire 190 days from the date of Planning Board approval, unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law or a deed clearly describing the approved minor subdivision
is filed by the developer with the Atlantic County Clerk, the Brigantine
City Tax Assessor and the Brigantine City Engineer, in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-47). Copies filed
with the Tax Assessor must show proof of filing with the County Clerk.
B. Application for minor site plan approval. Applications for minor
site plans as defined in this chapter shall not be subject to a public
hearing. Approval or denial of a minor site plan shall occur within
45 days from the date this application is declared to be complete,
or within such further time as may be consented to by the applicant.
Approval of a minor site plan shall expire one year from the date
of Planning Board approval, unless a building permit has been issued
within that time.
C. Application for preliminary major subdivision approval. Preliminary
applications for major subdivisions shall be subject to a public hearing
after notice properly given by the applicant as provided by N.J.S.A.
40:55D-12, and preliminary approval shall be granted or denied within
95 days from the date an application is determined to be complete,
or within such further time as may be consented to by the applicant.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the subdivision plat, and a certificate from the Secretary
as to the failure of the Planning Board to act shall be issued on
request of the applicant.
(1) In the event that preliminary approval of a subdivision is denied
because of failure to comply with municipal development regulations,
a notation to that effect, together with the signature of the Planning
Board, shall be placed on the plat, and reasons for the denial shall
be stated in the denial resolution.
(2) Preliminary approval of a major subdivision shall be granted by resolution
which shall set forth any conditions that must be met, including required
performance guaranties, and plat changes that must be made prior to
final approval. A notation indicating preliminary approval shall be
placed on each plat, said notation to clearly state that preliminary
approval does not authorize recording.
(3) Preliminary approval of a subdivision plat shall confer upon the
developer all rights set forth in the Municipal Land Use Law (N.J.S.A.
40:55D-49).
D. Application for preliminary site plan approval. Preliminary applications
for major site plans shall be subject to a public hearing after notice
properly given by the applicant as provided by N.J.S.A. 40:55D-12,
and preliminary approval shall be granted or denied within 95 days
from the date an application is determined to be complete, or within
such further time as may be consented to by the applicant. Otherwise,
the Planning Board shall be deemed to have granted preliminary approval
of the site plan, and a certificate from the Secretary as to the failure
of the Planning Board to act shall be issued on request of the applicant.
(1) In the event that preliminary approval of a site plan is denied because
of failure to comply with municipal development regulations, a notation
to that effect, together with the signature of the Planning Board,
shall be placed on the plan, and reasons for the denial shall be stated
in the denial resolution.
(2) Preliminary approval of a major site plan shall be granted by resolution
which shall set forth any conditions that must be met, including required
performance guaranties, and plan changes that must be made prior to
final approval. A notation indicating preliminary approval shall be
placed on each plan, said notation to clearly state that preliminary
approval does not authorize issuance of a building permit.
(3) Preliminary approval of a site plan shall confer upon the developer
all rights set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-49).
E. Final approval of site plans and major subdivisions.
(1) Final approval of a major subdivision or site plan shall be granted
only after all requirements and conditions imposed at the time of
preliminary approval have been complied with.
(2) An application for final approval shall be granted or denied within
45 days from the date it is determined to be complete or within such
further time as may be consented to by the applicant. Otherwise, the
Planning Board shall be deemed to have granted final approval, and
a certificate of the Planning Board Secretary as to the failure of
the Planning Board to act shall be issued on request of the applicant.
(3) Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless, within such period, the plat shall
have been duly filed by the developer with the County Clerk. The Planning
Board, for good cause shown, may extend the period for recording for
an additional period, not to exceed 190 days from the signing of the
plat.
(4) Final approval of a major site plan shall expire one year from the
date of Planning Board approval, unless a building permit has been
issued within that time.
(5) Final approval of a major subdivision or site plan shall confer upon
the developer all rights set forth in N.J.S.A. 40:55D-52.
F. Application for variance. Whenever the Planning Board is called upon to exercise ancillary powers before the granting of a variance, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in §
198-9 of this chapter or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
G. Application for informal review. A developer may request an informal
review or preapplication conference of either a site plan or subdivision
application from the Planning Board to be scheduled for a regular
meeting. This request shall be processed in the same manner as a formal
application with the following exceptions:
(1) No determination of completeness will be made; however, the applicant
should meet the minimum detail requirements for a sketch plat or plan.
(2) The Planning Board and its experts shall not be bound by any comment,
suggestion or review of informal application.
(3) No formal action or decision shall be made by the Planning Board.
H. Application for informal review; change of use. When a change of
use is requested in any commercial zone and no variances are required,
an informal review process shall occur by a committee comprised of
Planning Board members (not to exceed 50% of the full Board membership)
and Planning Board professionals, as selected by the Board. The application
for informal review for change of use shall be as set forth in the
appendix
attached to this chapter. Whenever said proposed use is a less intense use than
the current use at the property, said proposed use shall be allowed
without the necessity of a formal Board hearing or notice.
Prior to the granting of final approval of an application for
development and the issuance of signed plans for development, the
developer, applicant, owner or his agent shall have installed or shall
have furnished a performance guaranty in the form required by N.J.S.A.
40:55D-53, in an amount not to exceed 120% of the cost of installation
of the improvements listed below. When posting a performance guaranty,
written approval of the design engineer's cost estimate shall be given
by the City Engineer to the Board prior to acceptance and execution
of the final plans. The required improvements shall be as follows:
A. Streets. All streets shall be improved to the standards as specified in Article
X, Design of Streets, including curbs, gutters and sidewalks along both sides of the street.
B. Public utilities. Sanitary sewers, water mains, storm drainage systems
and other utilities shall be installed as approved by the City Engineer
on the final plan.
C. Off-street parking areas. Off-street parking areas, loading and unloading
areas and driveways shall be constructed in accordance with the final
plan as approved by the City Engineer.
D. Street lighting. Street lighting shall be installed at locations
required by The City of Brigantine and shall be of the type supplied
by the local public utility company to provide proper and safe illumination
of streets and public spaces.
E. Landscaping. Landscaping elements as proposed and approved shall be installed, in the appropriate season, in accordance with Article
XII, Landscaping, Buffers and Open Space Design.
F. Street signs. Street signs of the type and design approved by the
Board having jurisdiction shall be installed at all street intersections.
G. Property monuments. Monuments of the size and shape specified in
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) shall be placed in accordance with said statute.
H. Noise control. A noise control plan shall be prepared in accordance
with the existing ordinances in the City of Brigantine.
I. Engineering inspection fees. The amount of construction inspection
fees for the required site improvements listed in the performance
guaranty shall be determined by the City Engineer. These fees shall
be specified, in writing, posted with, either in cash or its equivalent,
the City Manager.
A. Appeals from the decision of the Zoning Officer. Appeals to the Brigantine
Planning Board may be taken by any person aggrieved, or by an officer,
department, board or bureau of the City of Brigantine affected, by
any decision of the Zoning Officer. Each appeal shall be taken within
the twenty-day period prescribed by the Municipal Land Use Law (N.J.S.A.
40:55D-72) by filing a notice of appeal with the Board Secretary and
a copy with the officer from whom the appeal was taken, together with
six copies of said notice with the Zoning Officer. Said notice of
appeal shall specify the grounds for said appeal. The Zoning Officer
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. If said
appeal is filed, by any person or entity other than the original applicant,
notice by certified mail, return receipt requested, must be given
to the original applicant within 10 days of filing of such appeal.
C. Power to stay action. An appeal stays all proceedings in the furtherance
of the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board after the notice of appeal shall have been filed with him that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by an order of the Superior Court
of New Jersey upon notice to the officer from whom the appeal is taken
and on due cause shown.
D. Power to reverse or modify decisions. In exercising the above-mentioned
powers, the Board may, in conformity with the provisions of N.J.S.A.
40:55D-1 et seq., reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from, and
make such other requirement, decision or determination as ought to
be made, and, to that end, have all the powers of the Zoning Officer
from whom the appeal was taken.
G. Time for decision.
(1) The Board shall render its decision not later than 120 days after
the date:
(a)
An appeal is taken from the decision of a Zoning Officer; or
(b)
The submission of a complete application for development to
the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
(2) Failure of the Board to render a decision within such 120-day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
A. The fees as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule, shall be paid by the applicant and shall accompany each application for development and/or request for certificate or permit.
B. Reimbursement of Board experts.
(1) The costs of the professional services of the Planning Board's experts, including but not limited to the Municipal Engineer, City Planner and Board Solicitor, required to review the application for development are included in the fee schedule found in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule. The applicant shall be billed by the Secretary of the Board or the City Clerk for the services of the Board Solicitor, according to the invoice submitted by the expert, and according to the following fee schedule:
(a)
City Engineer.
[1]
The fees for the professional services of the City Engineer to review the applicant's plans and submitted materials in connection with an application for development before the Planning Board are as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule.
[2]
When a subdivision is submitted, a lot shall be considered as a unit. When a combination of site plan and subdivision is submitted, the fee shall be based on the greater number of units, either lots or units. Commercial site plans shall require a review fee as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule.
(b)
City Planner.
[1]
Fees for services provided by the City Planner are as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule.
[2]
When a subdivision is submitted, a lot shall be considered as a unit. When a combination site plan and subdivision is submitted, the fee shall be based on the greater number of units, either lots or units. Commercial site plans shall require a review fee as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule.
(2) No payment shall be made directly to the Board experts. All payments
shall be made payable to the escrow account established by the respective
Board. Payment shall be released upon the written authorization of
both the Chairman and Secretary of the Board having jurisdiction.
(3) The City Engineer's inspection fees for all improvements that must conform to municipal requirements shall be based on 5% of the construction cost used for the performance bond. This inspection fee shall be paid as described in Subsection
B(2).
C. General requirements.
(1) The applicant shall be deemed by the submission of the application
for development to have agreed to pay all reasonable costs incurred
for the professional review of the application.
(2) All fees and review costs shall be paid in full to the City of Brigantine
at the time the application is filed. No application for development
shall be deemed complete, scheduled for hearing or heard by the Board
until the established fees are submitted.
(3) The applicant will be responsible for the preparation, composition and publication of all legal notices and advertisements required by this chapter, except for the notice of final decisions which will be prepared for publication by the Board Secretary. The applicant shall be assessed a fee as set forth in Chapter
210, Mercantile Businesses, Article
II, Fees Schedule, for the notice of final decision.
(4) In the event that the applicant requires a record of the proceedings
transcribed by a certified shorthand reporter, in addition to the
normal electronic recording procedures furnished by the Board, then
he shall be directly responsible for those costs incurred. Payments
shall be made directly to the reporting service.
(5) Inspection fees must be paid in full prior to the issuance of the
notice of final decision.
For the purpose of this chapter, the City of Brigantine is divided
into the following zoning districts:
A. Residential Zone Districts:
R-1
|
Residential, One-Family
|
R-2
|
Residential, One-Family
|
R-2A
|
Residential, One-Family
|
R-3
|
Residential, One-Family
|
R-3B
|
Residential, One-Family
|
R-4
|
Residential, One-Family, Hotel/Motel
|
R-5
|
Residential, Townhouse
|
R-6
|
Residential, One-Family, Townhouse
|
R-7
|
Residential, One-Family, Hotel/Motel, Townhouse
|
R-8
|
Residential, One-Family, Marina
|
B. Business Zone Districts:
B-1
|
General Business
|
B-1A
|
Central Business
|
B-2
|
Marine Residential
|
B-3
|
Shopping Center
|
B-6
|
North End Business
|
C. Conservation Zone Districts:
C-1
|
Conservation - Beach, Dunes and Wetlands
|
C-2
|
Conservation - Golf Course/Country Club
|
The boundaries of all zone districts shall be on a certified
map attached to and made a part of this chapter and known as the "Zoning
Map of the City of Brigantine," as may be amended. Said map and all
notations and references thereon are hereby incorporated into and
declared to be a part of this chapter.
Where uncertainty exists as to any of the zone district boundaries
as shown on the Zoning Map, the following rules shall apply:
A. Street center lines. Zone district boundary lines are intended to
follow the center lines of streets or lot lines as they exist on the
Tax Map or plats of record at the time of passage of this chapter,
unless such zone district boundary lines are fixed by dimensions as
shown on the Zoning Map.
B. Property lines. Where such boundaries are not fixed by dimensions
and where they approximately follow lot lines and where they do not
scale more than 20 feet distant therefrom, such lot lines shall be
construed to be such boundaries unless specifically shown otherwise.
C. Scaled dimensions. In unsubdivided land and where a zone boundary
divides a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
D. Water's edge location.
(1) With regard to the zone district boundary lines of the zones bordering
the Atlantic Ocean, the southern or waterward boundary of the district
shall be coincident with the mean high-water line of the Atlantic
Ocean as determined at the time of the adoption of this chapter.
(2) With regard to the zone district boundary lines of the zones bordering
St. George's Thorofare, Bonita Tideway, Bonita Cove, Obe's Thorofare,
Steelman's Bay, Wading Thorofare or any other body of water within
the City limits, the northern or waterward boundary of the district
shall be coincident with either mean high-water line of the specific
waterway or the exterior pierhead or bulkhead lines as established
by the State of New Jersey or exterior line of a tidelands grant,
lease or license as issued by the Tidelands Resource Council or its
predecessor.
E. Developments within the development restriction line. The development
restriction line as shown on the Zoning Map of the City of Brigantine
and defined herein shall be adhered to whenever and wherever an application
for development is made to the Planning Board.
Whenever any street, alley or other public way is vacated by
official action of the governing body, the zoning district shall be
automatically extended to the center line of the vacated public way,
and all areas in question shall be subject to all appropriate regulations
of the extended district.
A. Criteria of use.
(1) Any unimproved noncontiguous undersized lots located in a residential
zone district may be utilized for single-family development only.
To be so used, the minimum area requirements for such a lot shall
be 3,600 square feet and 40 feet of lot frontage. The use of lots
having less than 40 feet of frontage is subject to the review and
approval of the Planning Board. Any unimproved, undersized lot of
record shall merge with a contiguous lot owned by the same person
or entity and shall not be allowed to be developed as an independent
separate lot.
(2) Unimproved, noncontiguous undersized lots may be utilized as stated herein provided that all other regulations prescribed for the zone by this chapter are complied with, and subject to the provisions of Subsection
B.
B. Overall exception of existing noncontiguous undersized unimproved
lots. Any noncontiguous, undersized unimproved lots which are not
of the required minimum area or width may be used in the zone in which
they are located, as set forth in the filed map, if such lots were
included in a subdivision plat which was either duly approved under
the Municipal Planning Act of 1953 prior to the effective date of
this chapter but subsequent to January 1, 1954, or which subdivision
was granted tentative approval under said Act prior to the effective
date of this chapter and granted final approval after the effective
date of this chapter but within three years from the date of such
tentative approval, and provided further that the final subdivision
plat, in either instance, shall have been duly recorded in the Atlantic
County Clerk's office within the time required by law.
A. Structures excepted from height restrictions.
(1) The height limitations of this chapter shall not apply to spires,
belfries, cupolas and domes for church construction, not used for
human occupancy and not a residential structure.
(2) Further exceptions include chimneys, ventilators, skylights, water
tanks, similar features and necessary mechanical appurtenances usually
carried above the roof level. Such features, however, shall be erected
only to such height as is necessary to accomplish the purpose they
are to serve, and not to exceed four feet above the allowed height.
(3) The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
30 inches, for flat roofs on two story buildings.
B. Required increases in yard setbacks. Public and quasi-public buildings,
schools, churches and other similar permitted uses shall increase
the front, rear and side yards by one foot for each foot by which
such buildings exceed the height limit herein established for such
zone in which it is located.
C. Maximum height restriction. In no case shall any building have a
height greater than 35 feet unless explicitly permitted in the schedules
of this chapter.
Except as otherwise provided in this section, the lawful use
of the land or buildings existing at the date of the adoption of this
chapter may be continued, although such use or building does not conform
to the regulations specified by this chapter for the zone in which
such land and buildings is located; provided, however, that:
A. No nonconforming lot shall be further reduced in size.
B. A nonconforming use or building shall not be expanded enlarged, extended
or increased in any fashion which would increase or extend such nonconformity
without receiving a variance from the Board.
C. There shall be an exception to the above limitation on expansion
of nonconforming uses for duplexes in zones that, prior to this subsection,
permitted said duplex. An expansion of 20% of the square footage of
the duplex, up to 300 square feet per unit, shall be permitted. This
square footage is noncumulative and is designed to allow a modernization
of many of the older duplex units within the City. This section does
not permit the expansion of nonconforming townhouse units or other
multifamily dwelling units. No additional bedrooms are permitted to
be added as part of the structure's expansion and the 300 square feet
or 20% will be considered a maximum expansion for the life of the
structure.
A. Criteria for abandonment. A nonconforming use shall be adjudged abandoned
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55-1 et seq.),
as amended.
B. Conformity required. A nonconforming use that has been abandoned
shall not thereafter be reinstated, and the structure shall not be
reoccupied, except in conformance with this chapter and the Municipal
Land Use Law.
A. Any nonconforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the structure
so occupied and any such structure may be restored or repaired in
the event of partial destruction thereof.
B. Upon total destruction of any such nonconforming use or structure
on a parcel, such nonconforming use or structures shall cease and
all applicable regulations as set forth in this chapter shall apply
concerning any new proposed use or structure on such parcel. (See
now N.J.S.A. 40:55D-1 et seq.)
C. The initial determination as to whether a preexisting nonconforming
use or structure is partially or totally destroyed shall be made by
the Zoning Officer. The landowner shall have the right to appeal any
such determination to the Planning Board within the City of Brigantine.
A structure which has a foundation and two standing walls still existing
after any calamity shall be considered partially destroyed. For housing
supported by pilings, the pilings shall be considered the foundation.
D. Nothing contained in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof declared
unsafe by the Building Inspector.
E. As defined in Subsection
C above, "total destruction" would include the loss of all base foundations and the entire habitable portion of the structure.
No nonconforming use shall, if once changed into a conforming
use, be changed back into a nonconforming use.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the provisions of this section shall also apply to
any nonconforming uses existing therein or created thereby.
An approved use on a property located in a B-1 Zone may be extended
into a R-4, R-3 or R-2 Zone, provided that the following criteria
shall be met:
A. Maximum depth of extension. An extended use area shall not extend
into the other zone by a depth of more than 50 feet as measured from
the zone boundary.
B. Encroachment by a building. No principal building shall be permitted
to extend into the extension of the use area. Accessory buildings
shall be permitted to extend no more than 50% of the depth of property
within the adjoining zone area.
C. Restriction of use. That remaining portion of the extended use area
of the property in the adjoining zone shall be used only for parking,
open-air recreation, landscaping and other open-air uses related to
the principal use.
D. Contiguous lands. The extended area shall be contiguous to the property
of the principal use.
E. Buffer strips. Extended use areas shall be screened and separated from the properties in the less restrictive zone in accordance with Article
XII, Landscaping, Buffers and Open Space Design.
F. Public nuisance. The Planning Board shall determine if there is adequate
control, shielding or buffering of light, noise and glare emanating
from the extended use area.
A. No application for development shall be accepted by the Planning
Board where any portion of the proposed development, or any of the
proposed improvements are designed to lie within, on or over, or encroach
in any manner upon the lands delineated by the development restriction
line, unless prior permission for such application has been given,
in the form of a resolution, by the City Council of the City of Brigantine.
Any such application will be subject to a public hearing. Development
on the ocean side of the dune restriction line is strictly prohibited
and should be permitted only in extraordinary circumstances.
B. Nothing in this section shall prevent the Planning Board from imposing as a condition to any approval sought the requirement that beach access structures be developed in conformity with §
198-59B of this chapter. If, in the judgment of the Board, such structures should originate from dedicated City street ends or lie upon publicly owned property, then approval of the application may be conditioned upon the grant of approval for the beach access structures by the Brigantine City Council.
A. Foundation piling shall be required in the oceanfront area as defined
in Brigantine City ordinances.
B. All bayfront lots and parcels (waterfront and wetlands) shall be
bulkheaded in compliance with Brigantine ordinances.
C. No zoning permit shall issue, and no construction shall occur, on
a lot with an existing bulkhead, unless said bulkhead meets the standards
set forth in the ordinance requiring maintenance of bulkheads within
the City of Brigantine.
D. All bayfront lots and parcels (waterfront and wetlands) shall be
bulkheaded prior to construction of any building or structure on said
lots or parcels.
E. No zoning or development permit shall be issued for a project that
entails the modification, development, or alteration of existing natural
channels excepting those projects that enhance the ecological functions
of natural channels.
[Added 11-4-2020 by Ord.
No. 14-2020]
F. Should a development or zoning permit request entail channel improvement
projects not impacting natural channels. Brigantine City recommends
the use of natural approaches, such as those outlined in the "Ecological
Solutions Involving Tidal Marshes" section of Building Ecological
Solutions to Coastal Community Hazards: A Guide for New Jersey Coastal
Communities.
[Added 11-4-2020 by Ord.
No. 14-2020]
(1) "Natural
channels" shall be defined as bodies of water not already protected
by maintained sand dunes or bulkheads.
(2) Any
channels owned by the City of Brigantine that are not already actively
maintained or developed shall have their shorelines preserved in their
natural state.
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has been issued and the construction of which shall have been
diligently pursued within 12 months of the date of such permit.