Sea Bright City Zoning Code
ARTICLE V
Application; Review; Approval Procedure
§ 130-23 Applications not involving subdivision, site plan, conditional use approval or temporary use permits.
A.
All applications for development not involving subdivision, site plan, conditional use or temporary use approval shall be made to the Construction Official on forms supplied by him.
B.
The Construction Official shall keep a numbering system for all applications submitted to him.
C.
Applications, under this section, shall be granted or denied within 10 working days of receipt of a completed application, except for applications in areas of special flood hazard.
D.
Applications, under this section, for development in areas of special flood hazard shall be granted only after consultation with the Borough Engineer and shall be granted or denied within 20 days of the receipt of a completed application.
E.
If the Construction Official deems an application incomplete, he shall notify the applicant thereof in writing specifying the nature of the incompleteness.
§ 130-24 Other applications for development.
A.
All application for development other than those specified in § 120-25 shall be made upon forms provided by and filed with the Secretary of the Planning Board.
B.
Time of application. All applications, together with fees and supporting documents for development made to the Board Secretary, shall be filed not less than 10 days prior to the meeting at which the initial consideration of the application is requested.
C.
Completeness of application. No application shall be acted upon unless and until it is complete in every respect, including necessary supporting data, papers, certifications, plans and fees.
D.
Placement on the agenda.
(1)
Upon the receipt of an application, the Board Secretary shall send a copy of the application and any accompanying plat to the Borough Engineer and Construction Official, together with a request for a written report within 10 days as to whether the application is complete and, if not, the nature of the incompleteness; the Board Secretary shall also, at the same time, request the Construction Official to include in his report a list of all required variances. The Board Secretary shall place the application upon the Board's agenda, advise the Board of the date of submission of the application, of all required variances and whether, in his opinion, the application is complete, and, if not, he shall specify the nature of the incompleteness and notify the applicant thereof at the same time by certified mail.
(2)
If the application involves a major subdivision or a site plan, the Board Secretary shall, at the same time when he places it on the agenda, send or circulate copies of the plat (and such other details of the application as he deems necessary) to the following municipal officers and agencies (or to such of them as the Board shall require) with a request that they promptly report their recommendations or comments in writing to the Board:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Borough Engineer.
(b)
County Planning Board.
(c)
Police Department.
(d)
Fire Department.
(e)
Sewerage Authority.
(f)
Construction Official.
(g)
Tax Assessor.
(h)
Postmaster.
(3)
If the application involves a conditional use permit in an area of special flood hazard, the Board Secretary shall, at the same time as he places it on the agenda of the Board, send or circulate copies of the application and all supporting data to the following with a request that they promptly report their recommendations in writing to the Board:
[Amended 12-15-1998 by Ord. No. 94-98]
(a)
Local Soil Conservation District.
(b)
Secretary of County Planning Board.
(c)
Director of Water Resources in the Department of Environmental Protection for the State of New Jersey.
(d)
Borough Engineer.
(e)
Borough Clerk.
(f)
Construction Official.
(4)
If the application involves a temporary use permit, it shall be processed in the same way as a variance under Subsection D(1) of this section.
E.
Each application shall be assigned a number by the Board Secretary upon submittal by the applicant.
§ 130-25 Application details.
A.
Required documents. The following shall be required for an application to be complete:
(1)
A completed application for development form as provided to the applicant by the Construction Official or by the Board Secretary (as the case may be). Each and every item on the form will be filled in using "none" or "not applicable" where appropriate.
(2)
A key map showing the location of the proposed development within the municipality. This map may be included on other required map sheets where appropriate and shall include sufficient geographic area to orient the location to major roads of the municipality.
(3)
A current survey of all lots in the proposed use and development at a scale of not less than one inch to 40 feet, signed by a surveyor, architect or professional engineer, licensed to practice in the State of New Jersey and showing the following:
(a)
Contour lines plotted at two-foot intervals.
(b)
All existing structures on the lot and those on adjacent lots.
(c)
Name and width (paved and unpaved) of streets and highways and other features of land improvements on the lot and within 200 feet thereof.
(d)
Natural features on the lot, such as trees, springs, watercourses, rock outcroppings, foundation support characteristics of the soils and earth of the lot, elevation of the water table and the extent of man-made landfill.
(e)
Map showing the names and properties of persons required to receive notice.
(4)
Plans of the proposed development of the land exhibiting professional competence in their preparation and showing the intentions of the applicant with respect to all of the planned subdivision, site improvements, development and use. In addition to such other information the applicant may wish to volunteer, the plat plans and drawings shall show or include the following:
(a)
The location of all buildings and structures, streets and highways, sidewalks, driveways, parking areas, loading and unloading areas and the capacity or size of such facilities and features.
(b)
Preliminary grading and drainage plan.
(c)
Preliminary planting and landscaping plan.
(d)
Floor plans for each building or type of building to be provided and sufficient data to indicate the amount of floor space and number of units devoted to various activities.
(e)
Building elevations for each type of building to be provided.
(f)
Provisions for water supply, sewage disposal, stormwater drainage and other utilities.
(g)
Sufficient data to indicate the amount of traffic likely to be generated by the proposed use and development.
In the case of subdivision and site plan applications, the plans shall meet the requirements for the particular type of application being submitted as required in Article X of this chapter. |
(5)
Any supplementary statements in writing deemed necessary to augment the application form to explain the full particulars and operating characteristics of the proposed development.
(6)
Certification that no taxes or assessments for local improvements or sewer utility charges are due or delinquent on the property for which an application is made.
[Added 9-19-1995 by Ord. No. 25-95]
(7)
Proof of submittal of a copy of the application to the County Planning Board and/or New Jersey Department of Transportation where required.
(8)
The fees for the applications made as required by Article XIII.
(9)
Any additional matters required for the specific application as set forth in Article X of this chapter.
(10)
In addition to those documents that are required for the application to be considered complete as set forth hereinbefore, when an application is filed for the development of lots that are undersized, the following must also be included if not already provided:
[Added 5-6-2003 by Ord. No. 7-2003]
(a)
Plat maps showing the proposed building footprint.
(b)
Architectural elevations and design elements of the proposed structure.
(c)
Fencing and landscaping in other site design elements with photographic panoramas of adjacent residential structures that will provide the Planning Board the ability to determine if the building will be consistent with the character, scale and height of adjacent buildings and the neighborhood streetscape.
B.
If the application is for a development permit in an area of special flood hazard, the information required by Subsection A(1) shall be supplied on forms furnished by the Construction Official.
C.
Six copies of the items in Subsection A(1), (2) and (4) shall be submitted, one copy of the items in Subsection A(5) and (6) shall be submitted. As to Subsection A(3) above, there shall be submitted as many copies as are required for the particular type of application being submitted in accordance with the requirements of Article X of this chapter.
D.
If this application is for a conditional use or temporary use in an area of special flood hazard, 10 copies of the items in Subsection A(1), (2) and (4) shall be submitted and one copy of the items in Subsection A(5) and (6).
E.
When application is made for a building permit or variance (other than a use variance or a variance in an area of special flood hazard) involving a permitted one-family dwelling unit or its accessory use, the requirements established by Subsection A are hereby waived. Instead such application shall be accompanied only by a neatly prepared sketch of the lot, derived from the official Tax Maps or other source of similar or greater accuracy, showing the following:
(1)
The location of existing and proposed structures or any additions or alterations thereto.
(2)
Sufficient information and data to show the applicant's compliance with the yard and building requirements of this chapter or to provide the Planning Board a reasonable basis to decide upon any variance of such requirements, including, where appropriate to the context, the location of structures on adjacent lots.
§ 130-26 Review procedure.
A.
Initial action. If the Planning Board determines that the application is incomplete, it shall advise the applicant to that effect in writing through its Secretary within 45 days of the date of the submission of the application and shall specify the nature of the incompleteness, and it shall either require the applicant to submit an amended or revised application to the Secretary or to supply specific additional data or documents to the Board. The Board may, whenever it deems necessary, require the applicant to submit an environmental impact statement.
[Amended 12-15-1998 by Ord. No. 94-98]
B.
Hearing. If the application is deemed complete, the Board shall schedule the matter for hearing, advise the applicant of the date of the hearing, and further, when empowered to do so by this chapter, advise him as to whether or not it waives the applicant's giving of public notice and of the other notices required by § 130-18C of this chapter. On the date set for hearing, the Board shall proceed to consider the matter in accordance with the following section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Time period.
(1)
Final approval in the case of a minor subdivision and preliminary approval, in the case of major subdivision of 10 or fewer lots and in the case of site plans of 10 acres or less shall be granted or denied within 45 days from the date an application is determined to be complete or within such further time as may be consented to by the applicants. Otherwise, the Planning Board shall be deemed to have given approval. 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[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk and the Municipal Tax Assessor. Copies filed with the Tax Assessor must show proof of filing with the County Clerk. 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 that the approved minor subdivision shall have been duly filed or recorded as provided for in Article X.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(2)
Preliminary approval in the case of major subdivisions of more than 10 lots and in the case of site plans for conventional developments of more than 10 acres 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 developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan.
(a)
In the event preliminary approval of a subdivision or site plan is denied because of failure to comply with municipal development regulations, a notation to that effect, together with the signature of the Secretary of the Planning Board, shall be placed on the plat and reasons for the denial shall be stated in the denial resolution.
(b)
Preliminary approval of a major subdivision or of a site plan shall be granted by resolution which shall set forth any conditions that must be met, including required performance guaranties, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision nor the issuance of a building permit in the case of a site plan.
(c)
Preliminary approval of a subdivision plat or site plan shall confer upon the developer all rights set forth in N.J.S.A. 40:55D-49, for a period of three years from the date on which the resolution of preliminary approval is adopted.
[Amended 12-15-1998 by Ord. No. 94-98]
[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 dimensions and off-tract improvements; and, in the case of site plans, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, 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 may 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 or site plan as the case may be.
[3]
That the applicant may apply for and the Planning Board 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.
(d)
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it shall be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
(3)
Final approval of site plans and major subdivisions.
(a)
Final approval of a major subdivision or site plan shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with.
(b)
An application for final approval shall be granted or denied within 45 days from the date it 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 final approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County Clerk. The Planning Board, for good cause shown, may extend the period for recording for an additional period, not to exceed 190 days from the date of signing of the plat.
(c)
Final approval of a major subdivision or site plan shall confer upon the developer all rights set forth in N.J.S.A. 40:55D-52 as follows:
[1]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within 190 days of approval. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
[2]
In the case of conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in the preceding Subsection C(2)(c)[1] of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development and plans for staging of development. The developer may apply for thereafter, and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(4)
Conditional uses. Conditional uses shall be granted by the Planning Board on the basis of the requirements, guiding principles and standards set forth in § 130-38E. Approval of a conditional use shall be granted or denied within 95 days from the date that the application for it is determined to be complete or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted final approval and a certificate of the Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
(5)
Whenever the Planning Board is called upon to exercise its ancillary powers, under N.J.S.A. 4:55D-60, before the granting of an application for approval of a subdivision plat, site plan or conditional use, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application as provided in 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
Time limitation on approvals with variances. An applicant that receives approvals for development with variances (including use variances) shall have two years from the date on which the approval of said application and variances become final within which to develop the property as set forth in the approvals. Should the property development not be started with the issuance of a building permit and start of construction as defined herein within two years of the date on which the approvals become final, any approval with variances, including use variances, shall expire and become null and void. Applicants may apply for one extension not to exceed one year.
[Added 5-6-2003 by Ord. No. 7-2003]
§ 130-27 Appeals and applications to the Planning Board.
[Amended 4-17-1989]
A.
Appeals to the Board may be taken by any person aggrieved by or by any officer, department or bureau of the Borough affected by any decision of the Construction Official. Such appeal shall be taken within the twenty-day period prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with seven copies of said notice for the Board Secretary. Said notice of appeal shall specify the ground for said appeal. The Construction Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Secretary shall place the matter on the agenda for the next meeting of the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
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 Planning 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.
C.
Applications addressed to the original jurisdiction of the Planning Board without prior application to the Construction Official may be filed with the Board Secretary.
[Amended 12-15-1998 by Ord. No. 94-98]
D.
Power to reverse or modify decisions. In exercising the above-mentioned power, the Planning Board may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, 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 Construction Official from whom the appeal was taken.
E.
Time for decision. The Planning Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of the Construction Official or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b. Failure of the Board to render decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
