Lakehurst City Zoning Code
§ 25-18.4
Submission of Preliminary Plat.
[Ord. No. 11/78; Ord. No. 5/24/83 § 903; Ord. No. 7/20/89 §§ 19-22]
a.
Any developer shall submit to the Administrative Officer at least 15 days prior to the meeting of the approving authority, the following, which shall constitute a complete application: 11 black on white copies of the preliminary plat, prepared in accordance with Section 25-19, subsections 25-19.4 or 25-19.9, as the case may be, of this chapter; three completed copies of the application form for preliminary approval; two copies of any protective covenants, deed, deed restrictions and easements applying to the land being developed; a certificate of paid taxes; proof of application for preliminary approval by the Ocean County Planning Board; and the appropriate application fee. The Administrative Officer shall forward a copy of the preliminary plat to the Planning Board Engineer.
b.
The Planning Board Engineer shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application no later than 15 days after the application is received by the Administrative Official. If incomplete, the material shall be returned to the developer for a resubmission at least 15 days prior to a subsequent meeting.
c.
Before any action is taken on any preliminary site plan containing more than 10 acres, the approving authority shall conduct a hearing with appropriate public notice as established in this chapter. Action may be taken on a preliminary site plan for 10 acres of land or less without a public hearing unless, in the opinion of a majority of a quorum of the approving authority the proposed use, proposed intensity of development, location of the tract, traffic conditions, or environmental concerns for a property of 10 acres or less are of sufficient concern that the approving authority desires to receive the public’s comments. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing and the scheduling and notifications for the hearing shall be in accordance with this chapter and the notice requirements of subsection 25-4.7d.2 of this chapter.
d.
If the approving authority requires any substantial amendment in the layout of improvements as proposed by the developer and that plan had been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.
e.
The approving authority shall take action after considering the results of the public hearing (if any) and the recommendations made by municipal. State, and County official or agency within the time period prescribed in subsection 25-9.8 or the application for preliminary approval shall be deemed approved.
f.
If the approving authority acts negatively on the application for preliminary approval the applicant shall be so advised in conformance with subsection 25-11.8 of this chapter.
g.
If the approving authority acts favorably on an application for preliminary approval, the Chairman and Secretary shall affix their signatures to the plat with a notation that it has received preliminary approval, and a copy returned to the applicant with instructions to proceed with final plat submission as prescribed in this chapter.
The applicant shall give notice, by certified mail, to the Pinelands Commission within five days of such preliminary approval. Such notice shall contain as a minimum, the information required pursuant to subsection 25-4.7d.3 of this chapter.
h.
Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board Engineer that:
1.
Such clearing, grading and/or installation if improvements would not hinder future development or create physical or aesthetic problems in the event that further development is not undertaken;
2.
That required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development is not undertaken. Such performance guarantees may include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.
i.
The approving authority may, at its discretion, when acting upon a preliminary subdivision or site plan, grant exceptions from the requirements of the “Design and Performance Standards” in Section 25-27 if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided the applicant at the time of filing an application for preliminary subdivision or site plan approval shall append to such application a written description of the design and/or performance standard(s) for which an exccption(s) is (are) sought and the reasons for so requesting. The approving authority shall consider such exception requests simultaneously with the review and consideration of the preliminary subdivision or site plan application. Any such exception granted by the approving authority to those design and performance standards in Section 25-27 which reflect requirements of the Comprehensive Management Plan shall be granted subject to review by the Pinelands Commission.
A public hearing and notice in conformance with subsection 25-11.6 of this chapter shall be required for all applications requesting relief from one or more design and/or performance standards.