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.

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.

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.

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.

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.

Additional data required.

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.

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.

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.

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.

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.

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.

Tax certificate. A certification of taxes paid shall be furnished by the applicant.

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).

Applicants seeking variances for single-family and duplex dwellings shall provide architectural elevations and preliminary floor plans.

Any information required on any checklist applicable to the application; said checklists are attached to this chapter as an appendix thereto.[1]

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.

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.

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.

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:

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.).[1] The following information shall be shown on standard size sheets:

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:

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.

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.

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:

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:

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.

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.

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.

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.

Final approval of site plans and major subdivisions.

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.

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:

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.[1] 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.

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.

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.

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.

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.

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.

Street signs. Street signs of the type and design approved by the Board having jurisdiction shall be installed at all street intersections.

Property monuments. Monuments of the size and shape specified in the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)[1] shall be placed in accordance with said statute.

Noise control. A noise control plan shall be prepared in accordance with the existing ordinances in the City of Brigantine.

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.

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 20-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.

(Reserved)

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.

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.

(Reserved)

(Reserved)

Time for decision.

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.

Reimbursement of Board experts.

General requirements.

Residential Zone Districts:

Business Zone Districts:

Conservation Zone Districts:

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.

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.

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.

Water's edge location.

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.

Criteria of use.

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.

Structures excepted from height restrictions.

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.

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.

No nonconforming lot shall be further reduced in size.

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.

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.

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.

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.

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.

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.)

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.

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.

As defined in Subsection C above, "Total Destruction" would include the loss of all base foundations and the entire habitable portion of the structure.

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.

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.

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.

Contiguous lands. The extended area shall be contiguous to the property of the principal use.

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.

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.

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.

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.

Foundation piling shall be required in the oceanfront area as defined in Brigantine City ordinances.

All bayfront lots and parcels (waterfront and wetlands) shall be bulkheaded in compliance with Brigantine ordinances.

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.

All bayfront lots and parcels (waterfront and wetlands) shall be bulkheaded prior to construction of any building or structure on said lots or parcels.