[Amended 11-19-1996 by Ord. No. 1996-5; 7-6-2010 by Ord. No. 2010-12]
All applications for development shall be submitted to the Clerk
of the approving authority and shall be stamped as of the date of
the submission. Within seven days after submission, the appropriate
designee appointed by resolution of the approving authority shall
review the submission to determine whether same is complete on its
face and as defined by this chapter. If the application is incomplete,
the application shall be returned, including the fee as set forth
in the fee schedule on file at the office of the Municipal Clerk.
Should the application be deemed complete, the application shall be
heard within the time provided in this chapter as measured from the
date of submission.
A. A complete application in the case of a subdivision or relief under
N.J.S.A. 40:55D-76 shall include the following:
(1) One set of architectural plans showing at least front elevations
and dimension of all proposed structures.
(2) One set of floor plans of all proposed structures.
(3) Receipted current tax bills.
(4) Required fees as set forth in this chapter.
(5) Twelve sets of sketch plats, showing the following:
(a)
Scale not less than one inch equals 100 feet.
(c)
Percentage of each lot covered by existing or proposed structures.
(d)
Portion to be subdivided or developed.
(e)
Existing and proposed parking facilities, including designation
as to the number of spaces.
(f)
Existing structures on the premises.
(h)
Names and addresses of adjoining owners and number and type
of structures within 200 feet (e.g., dwelling units, commercial units,
offices, etc.).
(i)
Type and number of proposed shrubbery.
(j)
Streets or roads within the tract or immediately adjacent, including
the proposed name of any new street(s), whether public or private.
(k)
Proposed improvements, including, but not limited to, curbs,
sidewalks, etc.
(l)
Streams within the tract or immediately adjacent.
(m)
Existing rights-of-way and easements.
(n)
A key map showing the location of the surrounding area and within
the community at a scale of not less than one inch equals 1,000 feet.
(o)
A legend indicating zoning requirements as compared to the proposed
aspects of the submission.
(q)
Existing wooded areas within the tract or immediately adjacent.
(r)
All existing and proposed side, front and rear yard dimensions.
(s)
A completed application for development.
(t)
When the development of the subdivision or improvements within
the subdivision are contingent upon information outside the boundaries
of said subdivision, such information shall be supplied by the developer.
(u)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(v)
Such other information as may be required by the approving authority.
B. A complete application for development in the case of a request for
relief under N.J.S.A. 40:55D-70 shall include the following:
(1) Completed applications for development.
(4) Seven sets of drawings (scale not less than one inch equals 100 feet)
showing:
(a)
The entire tract in question.
(b)
Existing structures on the tract.
(c)
Proposed structures on the tract.
(d)
Street, roads, driveway and sidewalk within or immediately adjacent
to said tract.
(e)
All existing and proposed side, front and rear yard dimensions.
(f)
Where necessary, architectural plans showing at least front
elevations and dimensions of proposed structures.
(g)
Such other information as may be required by the approving authority.
C. Copies; classification; approval.
(1) Before the Clerk of the approving authority returns any approval
sketch plat to the subdivider, he shall have sufficient copies made
to furnish one copy to each of the following:
(c)
The Construction Official.
(d)
The Secretary of the Board of Assessors.
(e)
The Ocean County Planning Board.
(2) The cost of the copies will be charged to the subdivider and shall
be collected before the return of the original sketch plat to the
subdivider.
(3) The approving authority shall classify the application. If classified
as a minor subdivision, the minor subdivision shall be approved or
denied within 45 days of the date of submission of a complete application
to the Clerk of the approving authority or within such further time
as may be consented to by the applicant. Failure of the approving
authority to act within the periods prescribed shall constitute minor
subdivision approval, and a certificate of the Clerk of the approving
authority as to the failure to act shall be issued on 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 Officer for purposes of filing subdivision
plats.
(4) Whenever review or approval of the application by the County Planning
Board is required by § 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3), the approving authority shall condition any application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
(5) Approval of a minor subdivision shall expire 190 days from the date
of municipal approval, unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Recording Officer, the Municipal Engineer and the Municipal
Tax Assessor. Any such plat or deed accepted for such filing shall
have been signed by the Chair and Secretary of the approving authority.
(6) The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval; provided, however, that the approved
minor subdivision shall have been duly recorded.
D. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures in §
147-35 of this chapter.
[Amended 7-3-1990 by Ord. No. 1990-8; 12-20-1994 by Ord. No. 1994-13; 4-22-1998 by Ord. No. 1998-5]
A. Nonrefundable application fees. The following nonrefundable application fees have been established to defray the administrative and clerical costs of operating the Planning Board exclusive of legal, planning, engineering and other professional costs incurred in reviewing applications. These fees shall be payable to the Borough at the time an application for development is filed. Additionally, applicants shall pay a review fee escrow deposit and execute an escrow agreement as provided in Subsection
B below. Proposals involving more than one fee shall pay a fee equal to the sum of the fees for the component parts of the proposal. In the event that any development application requires more than two hearings, other than any requested special meetings, the applicant shall pay an additional fee of $500 for each hearing date. In the event that an application is withdrawn prior to its scheduled hearing, the application fee may be refunded with the exception of a one-hundred-dollar service charge for clerical and administrative fees incurred by the Borough, plus whatever fees are incurred for legal, planning, engineering or other professional costs.
[Amended9-16-2003 by Ord. No. 2003-6]
B. Review fee escrow deposits. In addition to the nonrefundable
application fee set forth above, the applicant shall also pay an amount
equal to the legal, planning, engineering and other professional costs
incurred by the borough in reviewing an application for development.
The following schedule of review fee escrow deposits are estimates
of these professional costs and shall be deposited with the borough
at the time an application for development is filed. Additionally,
applicants shall execute an escrow agreement, in a form provided by
the Borough Council, consenting to pay these review costs and specifically
stating that in the event that the fees imposed are not paid, any
development approvals granted shall be considered null and void. The
review fee escrow deposit shall be held in an escrow account to the
credit of the applicant. The borough shall be responsible to keep
a record to determine the actual review costs attributed to each application.
(1) In the event that the initial deposit is not sufficient
to cover the professional charges incurred in reviewing an application,
the applicant shall be required to deposit additional funds as determined
by the borough. The approving authority shall not be required to process
the application to take further action upon an application until such
additional deposits are made by the applicant. If these additional
deposits remain unpaid for a period of 60 days, the development application
shall be deemed to be withdrawn and shall be dismissed without prejudice.
(2) In the event the review fee escrow deposit shall be
in excess of the amounts necessary to cover the professional charges
incurred in reviewing an application, the excess funds shall be returned
to the applicant within 45 days of the final decision on the application
or adoption of a resolution memorializing the decision, whichever
occurs later.
C. The initial deposit shall be held in an escrow account
to the credit of the applicant, and the Clerk of the Planning Board
shall be responsible to keep such records to determine the special
review costs attributable to each application. The clerk of the Planning
Board shall, from time to time, charge such special review costs against
the escrow account of each applicant. In the event that it is determined
that the initial deposit is insufficient to cover such costs, the
applicant shall deposit additional funds to the account as determined
by the Planning Board. The Planning Board shall not be required to
process the application or take further action upon an application
until such additional deposits are made by the applicant. Any excess
funds remaining after review of the application shall be returned
to the applicant.
D. At the time of the filing of the development application,
the Planning Board shall have the applicant sign an agreement consenting
to pay both the application fee and the special review costs incurred
by the Planning Board. The agreement shall specifically state that
in the event the fees imposed by the Planning Board are not paid,
any development approvals granted by the Planning Board shall be considered
null and void. In the event that additional deposits requested by
the Planning Board remain unpaid for a period of 60 days, the development
application shall be deemed to be withdrawn and shall be dismissed
without prejudice by the Board.
E. The Planning Board shall have the authority to waive
fees or special review charges for any development application made
by a bona fide charitable, eleemosynary, educational, cultural or
other organizations or associations which are operated on a nonprofit
basis. The production of a certificate of incorporation, issued pursuant
to Title 15 of the Revised Statutes of New Jersey, shall be presumptive
evidence that the applicant is a nonprofit entity.
F. Tax Map maintenance fee.
(1) The following fees shall be paid by the applicant
at the time of filing an application:
Size of Subdivision
|
Fee
|
---|
Minor subdivision, 2 to 4 lots
|
$200
|
Final major subdivision:
|
|
Up to 6 lots
|
$300
|
7 or greater lots
|
$400, plus $25 per lot
|
(2) In the event that any application for development
is denied and the application is no longer pending in any manner before
the respective Board, then any portion of the aforementioned fee which
has not been expended for maintaining the Tax Map shall be refunded
to the applicant.
G. Filing applications and scheduling hearings.
(1) The development application, together with all required attachments (see §
147-44) and the required fee, must be submitted to the Planning Board Clerk before the filing deadline. The deadline for filing an application is the close of business 21 days prior to scheduled meetings. See the schedule of current year meeting dates (Form A) for a list of meeting dates and application filing deadlines
for the current year.
(2) Upon submission of the development application, the
Planning Board Clerk will review the application for completeness
and calculation of the required fee. The Borough Engineer will review
applications which include subdivision and site plan approval to determine
compliance with the plat design standards contained in the Bay Head
Land Use Chapter. Upon determination that the development application
is complete, the Planning Board Clerk will assign an application number,
schedule a hearing on the application and notify the applicant of
the scheduled hearing date. Hearings will be scheduled in the order
in which development applications are certified as complete. The applicant
may request a scheduled hearing be continued to a future meeting date
upon written request to the Planning Board Clerk which includes the
applicant's consent to extend applicable time limits.
H. Hearing notice requirements. The Municipal Land Use
Law prohibits the Planning Board from hearing an application unless
all notice requirements have been met by the applicant.
I. Schedule
of fees.
[Added 10-3-2022 by Ord. No. 2022-11]
Development Application Fees
|
---|
Application Type
|
Application Fee
|
Escrow Deposit
|
---|
Appeal alleging Zoning Officer error (N.J.S.A. 40:55D-70a)
|
$350
|
$1,500
|
Interpretation of Zoning Map or Zoning Ordinance and special
questions (N.J.S.A. 40:55D-70b)
|
$350
|
$1,500
|
Variances pursuant to N.J.S.A. 40:55D-70c
|
$350
|
$1,500
|
Variances relating to the construction of fences
|
$350
|
$1,500
|
Single-family residential
|
$350
|
$2,500
|
All others
|
$350
|
$1,500
|
Request for use variance (N.J.S.A. 40:55D-70d)
|
|
|
Single-family residential
|
$350
|
$2,500
|
Multifamily residential
|
$350
|
$3,000
|
Business and commercial
|
$350
|
$3,500
|
Request to direct issuance of a permit to build in bed of mapped
street (N.J.S.A. 40:55D-76a-1)
|
$350
|
$1,500
|
Request to direct issuance of a permit to build on a lot not
abutting a street (N.J.S.A. 40:55D-76a-2)
|
$350
|
$1,500
|
Request for issuance of certificate of nonconforming use (N.J.S.A.
40:55D-68)
|
$350
|
$1,500
|
Conditional use approval (N.J.S.A. 40:55D-67)
|
$500
|
$2,500
|
Waiver of required submissions
|
$350
|
$1,500
|
Extend time period for previously approved application
|
50% of original fee
|
50% of original deposit
|
Minor subdivision approval
|
$350
|
$2,500
|
Major subdivision approval
|
|
|
Informational review
|
$350
|
$1,500
|
Sketch plat
|
$350
|
$1,500
|
Preliminary plat (plus $100 application fee and
$100 escrow deposit for each lot in excess of 3 lots)
|
$350
|
$2,500
|
Final plat (plus $100 application fee and $100 escrow
deposit for each lot in excess of 3 lots)
|
$350
|
$2,500
|
Combined preliminary and final plat plus $200 application
fee and $200 escrow deposit for each lot in excess of 3 lots)
|
$350
|
$2,500
|
Amended preliminary and final plat
|
50% of original fee
|
50% of original deposit
|
Request for exception to subdivision requirements
and standards (N.J.S.A. 40:55D-51a)
|
$350
|
$1,500
|
Tax Map maintenance fees
|
|
|
Minor subdivision 2 to 4 lots
|
$200
|
|
Final major subdivision:
|
|
|
Up to 6 lots
|
$300
|
|
7 or greater lots
|
$400 plus $25 per lot
|
|
The approving authority, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions of this chapter for subdivision review if the literal
enforcement of one or more of said provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
[Added 10-21-2008 by Ord. No. 2008-15]
A. Definition. For the purposes of this section, "application
for development" shall have the same meaning as that set forth in
N.J.S.A. 40:55D-3.
B. Enforcement of conditions. In the event that the Construction
Official or the Zoning Officer of the Borough shall determine that
any condition contained in a resolution or court order approving an
application for development is being violated, he shall notify the
property owner, in writing, of his findings and order that the violation
be corrected within 30 days of the notice. Conditions contained in
a resolution approving an application for development shall be deemed
to be continuing conditions, and the property owner or subsequent
transferees of the real property shall be responsible for the maintenance,
replacement and repair of any improvements required by such conditions,
including, but not limited to, the replacement of any required plantings
which fail to survive.
C. Appeal. A property owner shall have the right to appeal
the determination of the Construction Official or Zoning Officer to
the Borough Council by filing a written appeal with the Borough Clerk
no later than the expiration of the thirty-day period provided in
the notice. Upon receipt of the appeal, the Borough Council shall
establish a hearing date. The thirty-day period provided in the notice
shall be tolled from the date of receipt of the notice of appeal by
the Borough Clerk until the date of the determination of the appeal
by the Borough Council. The Borough Council may, as part of its determination
of the appeal, allow a greater number of days for correction of the
violation.
D. Failure to comply. If the property owner fails to
correct the violation within the time provided in the notice, or within
such further time as may be allowed by the Borough Council in the
event of an appeal, the Borough Council may order that the violation
be corrected at the property owner’s expense and may revoke
the certificate of occupancy for the property and require that it
be vacated. If the Borough Council expends money to correct the violation,
the amount of the expenditure shall become a lien on the real property
and be subject to collection in the same manner as real property taxes.
E. Fines and penalties. Any person who fails to correct
a violation after receiving written notice thereof and expiration
of the time period in the notice shall be subject to the maximum fines
and penalties established under N.J.S.A. 40:49-5 and as same shall
be amended from time to time. Each and every day a violation of this
ordinance shall exist shall constitute a separate violation.