Bay Head City Zoning Code
ARTICLE IX
Procedure On Application For Development
§ 147-44 Determination of complete application.
[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.
(b)
Entire tract shown.
(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.
(g)
Proposed structures.
(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.
(p)
Square footage of tract.
(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.
(2)
Receipted tax bills.
(3)
Required fees.
(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:
(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.
§ 147-45 Submission of preliminary plat of major subdivision for preliminary approval.
A.
A completed application for preliminary approval of a major subdivision shall be submitted to the Clerk of the approving authority. At the time of filing, the applicable fee shall be paid to the Clerk of the approving authority to cover the costs of publishing the notice and of notifying the persons concerned of the pending hearing on said subdivision.
B.
The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.
[Amended 11-19-1996 by Ord. No. 1996-5]
C.
If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
D.
Upon the submission to the Clerk of the approving authority of a complete application for a subdivision of 10 or fewer lots, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.
§ 147-46 Preliminary approval.
A.
If the approving authority acts favorably on a preliminary application, a notation to that effect shall be made on the plat.
B.
[1]Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimension and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
That the applicant shall submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat, as the case may be.
(3)
That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(4)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(3) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.[2]
(5)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(3) of this section.[3]
§ 147-47 Submission of final plat of major subdivision.
A.
The final plat shall be submitted to the Clerk of the approving authority for final approval within three years from the date of preliminary approval. The approving authority shall act upon the final plat or plan within 45 days after the date of submission for final approval to the Clerk of the approving authority.
B.
Approval.
(1)
The completed application shall be submitted to the Clerk of the approving authority. Unless the preliminary plat is approved without changes, the plat shall have incorporated all changes or modifications required by the approving authority.
(2)
Failure of the approving authority to act within the period prescribed shall constitute approval, and a certificate of the Clerk of the approving authority as to the failure of the approving authority 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 subdivision plats.
(3)
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) in the case of a subdivision, the approving authority 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.
[Amended 11-19-1996 by Ord. No. 1996-5]
C.
The complete application for final approval shall be submitted to the Clerk of the approving authority at least 21 days prior to the date of the regular approving authority meeting.
D.
The final plat or plan shall be accompanied by a statement by the approving authority Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed and that the developer has complied with one or both of the following:
F.
A subdivision plat, after final approval, shall be filed by the developer with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The approving authority may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
[Amended 11-19-1996 by Ord. No. 1996-5]
G.
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the approving authority and signed by the Chair and Secretary of the approving authority.
§ 147-48 Schedule of fees; filing applications; scheduling hearings.
[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)[1] for a list of meeting dates and application filing deadlines for the current year.
[1]
Editor's Note: The schedule of current year meeting dates is on file in the township offices.
(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 | |
§ 147-49 Waiver of requirements authorized.
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.
§ 147-49.1 Enforcement of conditions in resolutions approving development applications.
[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.