[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light 12-14-1981 by Ord. No. 81-10 (Ch. XVIII of the Revised General Ordinances). Amendments noted where applicable.]
It is the intent and purpose of this chapter to:
Provide guidance and to guide the appropriate use or development of all lands in the Borough of Barnegat Light in a manner which will promote the public health, safety, morals and general welfare.
Secure safety from fire, flood, panic and other natural and man-made disasters.
Provide adequate light, air and open space.
Promote the establishment of appropriate population densities and concentrations within the Borough of Barnegat Light that will contribute to the well-being of the persons and neighborhoods in the Borough of Barnegat Light and to preserve the environment in said borough.
Encourage the location and design of transportation routes within the Borough of Barnegat Light which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
Promote the conservation of open space and valuable natural resources and to prevent urban blight and degradation of the environment through improper use of land.
Encourage the coordination between public and private procedures and activities shaping land development with a view of lessening the cost of such development and providing the more efficient use of land.
Words and phrases used in this chapter shall, unless the context clearly indicates a different meaning, be defined as the same are defined in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-3 through 40:55D-7.
[Amended 8-28-1995 by Ord. No. 95-147]
Except as hereinafter provided, no building permits, certificates of occupancy or certificates of nonconformance shall issue for any new construction or for any change in use hereinafter defined in Subsection B for any commercial, industrial or office building, garden apartment building, high-rise apartment building, low-rise apartment building or multifamily use unless a site plan is first submitted to and approved by the Planning Board of the borough in accordance with the terms of this chapter.
No certificate of occupancy or final approval to occupy or use any lands in the borough which have been the subject of a site plan application shall issue until all of the conditions imposed by the Planning Board upon such site plan application have been complied with.
Enlargements or alterations of existing structures or uses as described above shall be subject to the terms of this chapter; however, site plan approval shall not be required if a building permit is to be obtained in order to perform interior or exterior cosmetic changes not affecting the use of the property, all of which are in conformity with Chapter 215, Zoning.
The provisions of this chapter shall not apply to detached one- or two-dwelling-unit buildings, to recreational uses or to the construction of an addition to any structure containing mixed residential and commercial uses where the addition meets all the requirements of Chapter 215, Zoning, and where the addition or expansion is to that portion of the structure used for residential purposes and no portion of the addition or expansion shall be utilized in conjunction with the commercial use. This exemption shall not apply, however, to garden apartment buildings, high-rise apartment buildings, low-rise apartment buildings or multifamily uses but only to structures containing both commercial and residential uses.
The change of use requiring site plan submission and approval pursuant to this chapter shall be any change of use which shall impose, pursuant to the terms of Chapter 215, Zoning, of the Code of the Borough of Barnegat Light, stricter or more stringent controls, requirements or burdens on the lands where such use is to be conducted.
The provisions of this chapter shall not limit the requirements for submission of subdivision plans for subdivision approval as may otherwise be required by any other ordinance of the Borough of Barnegat Light, either now or hereinafter enacted.
The provisions of this chapter shall not limit the requirements for submission of any application for variance or conditional use to the Planning Board or Zoning Board of Adjustment as may be required by any other ordinance of the Borough of Barnegat Light now or hereinafter enacted.
Nothing herein contained shall be construed to permit any use or structure except as such use or structure may be permitted by all other applicable ordinances of the borough now or hereinafter adopted.
Site plan review and approval as required by this chapter shall consist of preliminary and final site plan review and approval. The procedure for such submission and review shall be as follows:
The applicant shall submit to the administrative officer of the municipality four copies of an application for site plan review, in a sealed envelope, as hereinafter described in § 157-6 of this chapter. The administrative officer shall forthwith distribute one copy to the Secretary of the Planning Board, one copy to the Attorney for the Planning Board and one copy to the Construction Code Official and shall retain a copy in the office of the administrative officer. The application shall be submitted to said administrative officer at least 15 days prior to the meeting of the Planning Board at which the applicant desires to have the application deemed to be complete by the Planning Board.
At least five days before said hearing all recipients of a copy of the application shall review the same and advise the Secretary of the Planning Board of deficiencies in the application, if any. Such advice shall be in writing, with copies to the applicant.
At the following regularly scheduled meeting of the Planning Board, the applicant shall appear in person or by attorney and the Planning Board shall review the correspondence received from recipients of the application and then and there determine whether the application as required by this chapter is complete. If the application is found to be incomplete, the applicant shall be so advised and shall be given 30 days within which to complete the application. If the application is not completed within said thirty-day period it shall be rejected by the Planning Board and denied. If the application is found to be complete, the Planning Board then shall fix a time for public hearing on the application, which time shall be within 45 days of the date when the application shall be determined to be complete. The applicant shall be notified then and there of the date of the public hearing and shall submit the original plus eight copies of the proposed site plan to the Secretary of the Planning Board no less than 10 days before the scheduled hearing date.
If the application has been found to be incomplete, when the deficiencies are rectified the Planning Board shall then at its next regular meeting ascertain the completeness of the application and then fix a date for public hearing in the manner aforesaid.
The public hearing shall be conducted in accordance with the provisions of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-10 et seq.).
Notice of said hearing shall be given and published by the applicant in accordance with the following prerequisites:
Public notice shall be provided by the applicant, at the applicant's expense, by publication in the official newspaper of the Borough of Barnegat Light, if there is one, or in a newspaper of general circulation in the Borough of Barnegat Light.
Notice of the public hearing requiring public notice shall be given to the owners of all real property, as shown on the current tax duplicate of the Borough of Barnegat Light, located within 200 feet in all directions of the subject property. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, a secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection F(2) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner on the list shall not invalidate any hearing or proceeding. A sum not to exceed $10 shall be charged to the applicant.
Notice of all hearings on applications for a site plan approval involving a property within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of said municipality.
Notice shall be given by personal service or certified mail to the County Planning Board of Ocean County of a hearing on an application for site plan approval, provided that said property is adjacent to an existing county road or proposed road as shown on the Official County Map or on the County Master Plan or adjoins other county land or is situated within 200 feet of a municipal boundary.
Notices shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any map or documents required to be on file with the Municipal Clerk.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
All notices required herein, both public notice (newspaper publication) and notice by mailing, shall be given at least 10 days prior to the date of the public hearing. The applicant shall file an affidavit of proof of service and affidavit of proof of publication with the Secretary of a Planning Board on or before the day of the scheduled hearing.
Notwithstanding the notice provisions hereinabove set forth, in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-46.1, the Planning Board, at its sole discretion, may waive notice and public hearing for an application for development if the Planning Board finds that the application for development conforms to the definition of "minor site plan."
Any interested party aggrieved by the decision of the Planning Board may appeal to the Governing Body of the Borough of Barnegat Light in accordance with the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-17, and in accordance with the provisions of any applicable ordinance of the Borough of Barnegat Light.
All fees and application fees called for in this chapter shall be in the form of a certified check or attorney's check made out to the Borough of Barnegat Light. No fees nor costs shall be accepted in cash.
At the time of any application, all taxes shall be paid on the lands which are the subject of the application through the current quarter of the calendar year. Should the public hearing fall in the following quarter of the calendar year, all taxes shall be paid prior to said public hearing for that calendar quarter. Proof of the payment of taxes shall be provided in the form of a certificate issued by the Tax Collector of the Borough of Barnegat Light showing the receipt of such tax payments and shall be presented to the Secretary of the Planning Board on or before the day of the scheduled public hearing.
At the request of a prospective applicant, the Planning Board, at a mutually convenient time and place, will make itself available and be willing to meet informally at caucus to discuss any proposed application. In the event that such an informal meeting is arranged and is discussed at caucus of the Planning Board, the applicant shall present any proposed (informal) drawings, site plans, maps, etc.
If any application submitted by a developer meets the definition of "minor site plan" as herein set forth, any approval given by the approving authority shall be deemed to be final approval of the site plan, provided that the approving authority or a subcommittee thereof may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer 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 minor site plan approval.
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6-6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.
The application for site plan review and approval as required by this chapter shall be on a form prescribed by the Borough of Barnegat Light available from the administrative officer and shall be accompanied by the following:
Map or plan, black on white or blue on white, with a scale of not less than 20 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The area of closure shall not exceed one to 10,000.
The names of all owners of record of all adjacent properties and the block and parcel numbers or lot numbers of the property and all adjacent properties.
Existing zoning and special district boundaries. Such features shall be shown on a separate map or as a key map on a special detailed map itself.
Boundaries of the property, building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use.
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
Location of existing buildings which shall remain and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. The outline of such structures shall be indicated by a dash line, and those that shall remain shall be shaded.
Location of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe size, grades and direction of flow, and if any existing utility lines are underground, the estimated location of said already existing underground utility lines shall be shown. The Planning Board Engineer shall determine the amount of an assessment necessary for the completion of adequate off-site drainage. Said sum shall be deposited in cash with the Borough of Barnegat Light as a condition precedent to the site plan approval.
Existing contours with intervals of one foot referenced to datum as provided by the Planning Board Engineer shall be indicated by a dash line. Where any changes in contours are proposed, finish grades should be shown on solid lines.
Location of existing high points, watercourses, depressions, ponds, marshes, single trees with a diameter of six inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.
Title of development, North point, scale and name and address of record owner, engineer, architect, land planner or surveyor preparing the site development plan.
A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of an architectural or planning nature submitted by the applicant or as may be required by the Planning Board pursuant to any ordinance now in existence or any ordinance hereinafter enacted in the Borough of Barnegat Light.
All proposed easements and public and community areas and all proposed streets, with subsection profiles indicating grade and cross sections showing width of roadways and location and width of utility lines, according to the standards and specifications of the Borough of Barnegat Light.
The proposed use or uses of land and buildings and proposed location of buildings, including proposed grades. Such features should be indicated on a separate drawing where deemed desirable and necessary by the Planning Board Engineer.
All means of vehicular access and egress to and from the site onto public streets, showing the size and location of driveways, curb cuts and fire lanes and provisions for emergency vehicles of all sort and sidewalks.
The location and design of any off-street parking areas or loading areas, showing the size and location of bays, aisles and barriers.
The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the Borough of Barnegat Light and the Ocean County Utilities Authority.
The proposed location, direction of illumination, amount of illumination expressed in average horizontal footcandles, hour and time of proposed outdoor lighting in conformance with applicable standards of the Borough of Barnegat Light and as may be applied by the Planning Board of the Borough of Barnegat Light.
The proposed screening and landscaping, including planting plan, in conformance with the applicable standards of the Borough of Barnegat Light and the Planning Board of the Borough of Barnegat Light.
Proposed stormwater drainage system in conformance with the applicable standards of the Borough of Barnegat Light and the Planning Board of the Borough of Barnegat Light.
All proposed and existing signs, both commercial and traffic.
The proposed exterior facade of the proposed construction, as well as the existing facade on the existing structure, if such existing structure is to remain with the facade as is.
Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accordance with the standards of the ordinances of the Borough of Barnegat Light and all other general law.
It is required that, prior to submission of the detailed site plan or in conjunction therewith, the applicant must submit either approval by, or evidence that his application is pending before, the necessary governmental units in charge of the environmental protection, sewerage, sanitary and water supply and, where required, local Board of Health and State Board of Health approval.
The Planning Board may waive any of its requirements or details specified to be shown on the site plan in any given application due to topographical characteristics where the use is within the zone under Chapter 215, Zoning.
All costs incurred in compliance with this chapter for review, inspections and approvals by the Borough of Barnegat Light and/or the Planning Board of the Borough of Barnegat Light shall be borne by and be the sole responsibility of the applicant.
[Amended 10-18-1989 by Ord. No. 89-19]
A minor site plan shall be:
A development plan of one or more contiguous lots, which development plan consists of no more than one building with a total floor area not in excess of 2,500 square feet or any proposed alteration, addition, renovation or expansion of an existing permitted use and building, where said alteration, addition, renovation or expansion results in an increase of the total floor area of the development of 250 square feet or less and the establishment of fewer than five additional parking spaces and does not require a variance from the area, yard, bulk and off-street parking requirements of the zoning district in which the development lies.
A development plan which does not require the construction of new or the alteration of existing drainage facilities, either on or off site.
A development plan which does not require the establishment of new or the alteration of existing public streets or roads.
Failure of any applicant to comply with all provisions of any resolution of approval or disapproval of any application made pursuant to this chapter shall be deemed to be a violation of this chapter. Where the applicant is not the owner of the property subject to such application, both the applicant and owner shall be deemed guilty of violation.
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer 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 final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording office for the purpose of filing a subdivision plat or site plan plat.
However, whenever review or approval of the application by the County Planning Board is required, the Municipal Planning Board of the Borough of Barnegat Light shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period pursuant to N.J S.A. 40:55D-50 et seq.
Before approval of the site plan, the applicant shall furnish a New Jersey approved surety company bond (the amount to be approved by the Planning Board and the Borough Attorney) for the purpose of guaranteeing the completion of such items as set forth in the site plan as will affect the public interest, such as but not limited to drainage, streets, control signs and signals, sidewalks, recreational areas, shade trees or shrubbery and required landscaping, off-street parking, loading and unloading zones and artificial lighting and any and all water and sewerage facilities set forth in the site plan. However, the requirements herein shall be limited by the limitations of N.J.S.A. 40:55D-53 et seq.
Planning Board approval of the site plan shall be guided by the fact that the site plan conforms to the following standards and regulations:
The applicant has submitted a site plan containing all of the information and data as provided for in this chapter.
The details of the site plan are in accordance with the standards of Chapter 215, Zoning, and any amendments thereto and any and all other ordinances of the Borough of Barnegat Light and amendments thereto which may be in existence at the time of the application and in harmony with the officially adopted comprehensive Master Plan of the Borough of Barnegat Light which hereinafter may be adopted.
All parking and traffic problems shall be kept at a minimum by the use of engineering design features such as acceleration and deceleration lanes, jug-handles, marginal access streets and techniques deemed appropriate by the Planning Board.
Adequate provisions are made so as to prevent any drainage problem.
A reasonable screening, at all seasons of the year, of all playgrounds and parking and service areas from the view of adjacent properties and streets shall be provided where necessary for the purpose of protecting the health, safety and general welfare, comfort and convenience of the public.
The location, power and direction and time of any outdoor lighting will not have an adverse effect upon any properties in any adjoining residential districts by impairing the established character or the potential use of properties in such districts.
The details of the site plan for the authorized use will be such that the operation will not offend the public interest.
Upon approval by the Planning Board of the site plan of an application, said applicant has six months to commence construction. The construction must be completed within two years of the date of commencement of construction. Beyond said two-year period the approval of the site plan by the Planning Board automatically becomes void, and the applicant shall reapply for a new site plan approval.